Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways, or such lines extended.

Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

In all cases, where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot lines.

In all other cases, where dimensions are not shown on the map, the location of district boundary lines shown on the map shall be determined by the use of the scale appearing thereon.

In cases of uncertainty or disagreement as to the true location of any district boundary line, the determination thereof shall lie with the Board of Adjustment as hereinafter provided by the New Jersey State Statues.

Notwithstanding any other provision in this chapter authorizing permitted or conditional uses, the following uses are expressly prohibited within every district:

They are incidental to the residential use of the premises and are not operated for gain.

Front yard setbacks for accessory structures will be the same as the principal structure on the property; side yard and rear setbacks shall be as follows:

For waterfront properties, the orientation and location of the principal building will define the location of the front yard. The building layout of properties adjacent to waterfront properties will be considered when determining other setbacks.

Television dish antennas must be placed in a way that will not be offensive to residents of contiguous properties and must be confined to side and rear yard areas only. Dish antennas two feet or less in diameter may be roof-mounted; however, they shall not extend more than three feet above highest point of roof.

Maximum square footage for a residential accessory building will be as follows:

Agricultural accessory buildings must be located on a lot that qualifies for farmland assessment and is actively farmed.

Sanitary facilities are restricted.

Regulations. No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business; or any church, synagogue, temple or other place of public worship; or any elementary or secondary school or any school bus stop; or any municipal or county playground or place of public resort and recreation or within 1,000 feet of any area zoned for residential use; or within 1,000 feet of any hospital or child-care center. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this act where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 1,000 feet; or any hospital or child care center is subsequently built within 1,000 feet.

Buffer zone. Every sexually oriented business shall be surrounded by a perimeter buffer equal to 2.5% of the building square footage or at least 50 feet. Perimeter buffers shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the requirements of Subsection C, Buffer areas.

Signs. No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises is off limits to minors. Identification signs shall be no more than 40 square feet in size. Said identification sign shall be wall-mounted, and the sign shall be limited to lettering indicating the name and address of the facility only. Said sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall any signs described herein project more than 14 inches from the front of the wall to which they are attached. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs and/or advertising devices shall be prohibited; however, backlighting of the principal sign may be permitted. No temporary signs made of paper, cardboard, canvas or other similar materials, banners, etc., are permitted. No signs or billboards shall be placed on the roof of any building housing or used as an accessory building to any sexually oriented business. No off-premises signs of any kind shall be permitted.

Parking. Parking shall be provided at a ratio of one parking space for every 200 square feet of building area. Such parking shall be paved, striped and appropriately marked. Paving shall take place in accordance with the established engineering standards of the Township of Mullica. All parking spaces shall be linked to an internal circulation system with one access and egress point to and from the subject site. No parking shall be allowed within the buffer area designed by this chapter. Such off-street parking shall be lighted with lighting standards that are in architectural conformity with the building and range within a height of 16 to 20 feet. The intent of the lighting is not to provide a total flood effect for the site but to provide illumination for the driveway areas and parking areas.

Off-site improvements. All off-site improvements such as curbs, gutters, sidewalks, driveways and street trees shall be as provided in the Municipal Land Use Ordinance and other ordinances governing the Township of Mullica.

Compliance with codes. All buildings housing or used as an accessory use with sexually oriented businesses shall meet all applicable safety standards of the Township of Mullica and the State of New Jersey, including but not limited to the Uniform Construction Code,[1] and any and all property maintenance codes adopted and currently in effect in the Township of Mullica.[2]

Bulk requirements. The following bulk requirements must be met as minimum requirements for each and every sexually oriented business:

Conditional use approval required. All sexually oriented businesses, including, but not limited to, all adult bookstores, adult motion-picture theaters and adult mini motion-picture theaters, shall be subject to conditional use approval by the Planning Board.

Public communication and display. No sexually oriented business may publicly communicate obscene material or permit it to be publicly communicated at a sexually oriented business. For the purpose of this section, "publicly communicated" shall be defined as set forth in N.J.S.A. 2C:34-4. Further, no sexually oriented business may display or permit to be displayed obscene material at a height of less than five feet or without a blinder or other covering placed or printed on the front of the material displayed.

Hours of operation. A sexually oriented business may only operate and be open to the public between the time of 10:00 a.m. and 10:00 p.m.

The Pinelands Town shall be the only district in which any adult business shall be permitted, and any site on which an adult business is located must be connected to a public sanitary sewer system without use of any on-site wastewater disposal.

Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines and other locations as specified in Article XII, Zoning. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be a prescribed in Article XII, Zoning, and may be coexistent with the rear yard only if approved by the Planning Board. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No above-surface structure or activity, stormwater drainage facility, the storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials, meeting the following requirements:

Motor vehicle screening and storage. No more than 10 automobiles (vehicles), trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition or which are maintained for agricultural purposes.

Cornices and eaves may project into a required yard not more than three feet.

Chimneys may be erected within a yard, provided that they do not exceed six square feet in aggregate external cross section and do not obstruct ventilation.

A fire escape or outside stairway may project not more than five feet into a rear yard.

Open entry porches, not to exceed 10 feet.

Permitted uses:

Lot and building controls:

Lighting. Lighting standards serving the parking field and other parts of the site shall be so arranged as to deflect downward and not create a glare on contiguous or other nearby residential districts. Such lighting standards shall not exceed a height of 25 feet and shall conform with the architectural character of the shopping center.

All perimeter fences shall be placed on or within the property line.

In a residential district, except as provided below, no portion of any solid fence or wall closing the front yard shall exceed a height four feet from the sidewalk grade. In cases where the land is terraced, the fence shall not exceed four feet above the contour grade.

The use of barbed wire fencing is prohibited except for the containment of pastoral animals.

In the case of cyclone or other open fencing enclosing the front yard, the height shall not exceed six feet.

Privacy fences, in a residential district except as provided below, shall be allowed provided they are limited to the side and rear yard property lines with the finished side facing out. Such fences shall not exceed six feet in height. For the purpose of this chapter, a privacy fence is defined as any fence or wall that obscures visibility through the fence by 50% as viewed at right angles.

In any district which abuts the Mullica River or its canals for a distance of 1,000 feet from the river or to the first paved road, the following shall be permitted only in accordance with this subsection. Subsection G(6)(a), (b), and (c) below are subject to administrative approval. The fee for this application is stated in Article VII of this chapter.

No fence or plant material shall be erected or placed in such a manner on a corner lot that will materially impede vision of the intersecting streets.

Along boundaries between residential and commercial districts or between residential and commercial uses, a privacy fence or wall must be erected at a height of six feet or eight feet as determined by the Zoning Official to screen their respective activities from view.

Commercial properties in the commercial district shall not have fencing beyond a line parallel with the front of the principal building. Fencing along side and rear property lines shall not exceed eight feet in height.

Except where specifically prohibited under the terms of any other applicable ordinance or regulations of the Township, nothing herein shall be construed to prohibit the use of hedges, tree, or other planting anywhere on a lot.

Utility poles, lally columns, scrap material and other nontraditional fence materials shall not be permitted to be used in the construction of any fence within the Township. Traditional fence materials include wooden split rail or solid fence, wooden picket fencing, lattice work, chain link, brick or block, stone, wrought iron, square mesh wire fencing, coated aluminum fencing and polyvinylchloride (PVC). Fences or walls shall be compatibly designed to match the type and style of the principle structure and use on the parcel in question.

Permit required. No forestry in the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer and/or other Township-appointed official. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

Forestry application requirements. The information in Subsection H(2)(a) or (b) below shall be submitted to the Township Zoning Officer and/or other Township-appointed official prior to the issuance of any forestry permit:

Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

Forestry permit procedures.

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection H(4)(c) above, the applicant shall be required to pay a escrow fee as set forth in the Article VII, Fees, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit. Nothing in this subsection shall prohibit the Planning Board of the Township of Mullica from approving any fee or escrow requirement that it may deem advisable, when recommended by the Mullica Township Forester, or designated official, the said fee or escrow being for the sole purpose of paying for an inspection of the permitted forestry project to determine compliance with the requirements of any forestry permit issued. The recommendations of the Township Forester or designated official regarding the said fees or escrow shall be made on an as-needed basis, based on the forester's professional judgment as to when and/or if such an inspection may be required. In the event that any such inspection may be or is required by the forester, he/she shall make an application to the Board by letter setting forth the need for an inspection and the purpose thereof, and requesting the board's approval of either a fee or escrow amount from which the fee is to be paid. If the Board approves such a request, then and in the event the fee shall be paid or the escrow shall be posted by the permittee.

Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer and/or other Township appointed official with 72 hours written notice of the intention to begin harvesting operations.

Such facility shall have a minimum site size as set forth in the Schedule of District Regulations.[4]

The height of a service station shall not exceed one story or 25 feet.

The setbacks shall adhere to the setbacks prescribed in the Schedule of District Regulations.

The means of vehicular access and egress at the facility must be clearly defined and controlled to insure safe and efficient operation of the facility and to assure safe integration of automotive traffic with other vehicular and pedestrian traffic.

Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be arranged so as not to obstruct or deter the visibility of drivers or pedestrians. No blinking or flashing lighting system shall be permitted.

One approved off-street parking space shall be provided for every full-time employee plus two off-street parking spaces for each service bay. Such spaces shall be located in the rear or side yard of the site. Such spaces shall be designed as defined in this chapter.

Except for gasoline or oil sales, changing of tires and other similar minor automobile servicing, all other repair work shall be carried on in a fully enclosed structure.

Outdoor storage of equipment or parts shall not be permitted.

Signs, pennants, flags and all other advertising displays visible or audible from any public right-of-way are prohibited except as allowed under the sign section of this chapter.

All gasoline and similar substances shall be stored underground at least 25 feet from any property line. No gasoline pump shall be erected within 30 feet of any street or property line. The owner of every gasoline service station shall have the storage tanks tested in accordance with all county, state and federal regulations.

Motor vehicle screening and storage shall be in accordance with the design standards as listed in this chapter.

All gasoline service stations shall be in compliance with all county, state and federal regulations.

A height limitation of 35 feet shall apply to all structures, including radio and television transmission and other communications facilities which are not accessory to an otherwise permitted use except as otherwise noted. Height limitations in a flood zone shall be measured from a point two feet above the federal base flood elevation (BFE) to the top of the highest part of the roof, regardless of the roof structural configuration.

The height limitation in Subsection A above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use; silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission lines and supporting structures; windmills; smokestacks; derricks; conveyors; flag poles and masts; or aerials, solar energy facilities, chimneys and similar structures to be placed above roof level and not intended for human occupancy. Such features shall be erected only to such height as is necessary to accomplish the purpose that they are to serve.

Except in the PA, FAR, RDA, DVC and AP Districts, quasi-public buildings and public buildings, schools, churches and other similar uses may exceed the height limit established in Subsection A above, provided that such uses shall increase the front, rear and side yard setbacks one foot for each foot by which such buildings exceed the height limit established for the district within which the use is located.

The height limitation in Subsection A above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.40 are met.

The occupation meets the requirements of § 144-9, Definitions, of this chapter.

No person other than three members of the family residing on the premises shall be engaged in such occupation.

Commercial vehicles associated to the home occupation are limited to one.

No employee parking shall be permitted.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit shall be used in the conduct of the home occupation. The home occupation shall not be conducted within any accessory structure located on the property. No outside storage of materials is permitted.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation.

There shall be no regular or habitual sales in connection with such home occupation.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street on an approved on-site facility and other than in a required front yard.

No equipment or process shall be used in such home occupation which creates disturbances in any form to neighbors such as noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.

Permitted industrial use: research or design laboratories, wholesale merchandising, light manufacturing, distribution centers, storage facilities, etc., in fully enclosed structures, provided that:

Site size. As set forth in the Schedule of District Regulations for commercial properties in the PT, EVC or DVC Districts.[5]

Building coverage. No building or combination or accessory buildings shall be erected, altered or used pursuant to this section of the ordinance where the building area exceeds 30% of the plot area.

Front yard. No building or structure shall be constructed pursuant to this section of the ordinance, which shall have a front yard depth of less than 75 feet.

Side yards. No building or structure shall be erected pursuant to this section of the ordinance which shall have a side yard less than 50 feet.

Rear yard. No building or structure shall be erected pursuant to this section of the ordinance which shall have a rear yard of less than 100 feet.

Parking. Parking shall be provided in accordance with § 144-123Q.

Loading spaces. There shall be at least one off-street loading and unloading facility at least 14 feet wide and 35 feet long with clear headroom of at least 14 feet. All loading areas shall be located in the rear yard and shall not be located within 25 feet of the rear lot line of the subject premises.

Landscaping. All landscaping shall be in accordance with the landscaping requirements of this chapter.

All buildings, structures, signs and landscaping shall be maintained in accordance with the provisions of all applicable codes and ordinances of the Township and violations thereof may be prosecuted and enforced in the same manner as provided therein.

Signs. All signs shall be in accordance with the sign requirements of this chapter.

At least one off-street parking space shall be provided for each boat docking space and daily user. Adequate provisions shall be provided for daily users. However, no adjacent on-street parking is permitted.

Any purveyance of goods or services, not including boats or motors, shall take place in an enclosed structure, and that the sale of gasoline shall be for the use of personal watercraft exclusively.

All applicable requirements of any state and federal agency having jurisdiction shall be met.

The commercial outdoor storage of personal watercraft shall be permitted, provided that such storage is carried out on property which is part of an operating marina or on property which is contiguous to such a marina.

Boats and personal watercraft stored in such areas shall be organized in orderly rows with circulation aisles of sufficient width to admit emergency fire vehicles. The grounds of such storage areas shall be neatly maintained and free of material not inherent to the storage of boats and personal watercraft.

In cases where such outdoor storage facilities abut a residential use, or properties, buffering shall be provided in accordance with the landscaping design standards as stated in this chapter with regards to wetlands.

"Storage" shall mean the storing or safekeeping of boats, personal watercraft, or materials owned by another for a period of time in excess of one week and shall not include the displaying of new or used boats or personal watercraft for sale.

Landscaping shall be in accordance with the landscaping standards as set forth in this chapter.

Signs shall be in accordance with the sign standards as set forth in this chapter.

Marinas shall comply with all county, state and federal regulations.

Parking shall be provided in accordance with § 144-123Q.

Site size. There shall be a minimum site size of five acres.

Site width. The minimum width of the site shall not be less than 275 feet.

Perimeter setback. A perimeter setback of 50 feet shall be provided around the entire perimeter of the site. No parking or accessory buildings may be located within this area. In cases where the boundaries of the subject use abuts a residential district or use, the perimeter setback shall be increased to 75 feet along the area abutting the residential district or use.

Lot coverage. The percentage of the site which may be covered by all principal and accessory structures shall not exceed 20%.

Height of structures. Principal structures shall not exceed 2 1/2 stories of 35 feet. Accessory structures shall not exceed one story or 15 feet.

On-site parking. Parking shall be provided in accordance with § 144-123Q.

Distance between buildings. The distance between the side wall of one principal building and the front, rear or side walls of any adjoining principal or accessory building shall not be less than 35 feet.

Outdoor group sitting areas shall be provided for patients which are well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Such sitting areas shall be provided with paved areas of adequate size to provide small groups of wheelchairs and suitable garden furniture.

Night lighting. Night lighting shall be provided for the safe and convenient use of streets, driveways, parking areas, walks, steps and other facilities.

Landscaping. All landscaping shall be in accordance with the landscaping requirements of this chapter.

No expansion of such building or use shall be permitted.

That the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.

That whenever a nonconforming use is discontinued or changed to conforming use, it shall not thereafter be changed back to a nonconforming use.

That whenever a nonconforming structure has been abandoned or damaged by fire or other causes to the extent of 80% of its market value, as determined by the Tax Assessor, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located or obtain the necessary approvals.

That if a nonconforming use of a structure ceases operations or remains vacant for more than one year, circumstances may be considered as evidence of the abandonment of said prior nonconforming use.

General provisions.

Specific requirements. Each individual use shall provide parking spaces according to the following provisions. Where a permitted use of land includes different specific activities with different specific parking requirements, the total number of required parking spaces shall be obtained by individually computing the parking requirements for each different activity and adding the resulting numbers together.

Pastoral animals. Pastoral animals may be maintained in any district, provided that a minimum lot size of two acres exists for the first two animal units and that the lot size is increased an additional 1/2 acre for each additional animal unit, and further provided that any such animal must be provided with a stable or coop under a roof of at least 100 square feet per animal, and further provided that said stable or coop shall conform to the setback requirements below.

Nothing in this Zoning Ordinance shall be construed to require that the limitations on the number of pastoral animals imposed by this or any other section of this chapter shall apply to any commercial farming or agricultural use qualifying for a farmland assessment, and all such commercial farms or agricultural uses qualifying for a farmland assessment shall be permitted to maintain and raise pastoral animals without limitation, subject, however, to all applicable local and state statutes, ordinances, rules and regulations.

Pinelands Development Credits established:

Limitations on use of Pinelands Development Credits.

Recordation of deed restriction:

The minimum lot size shall be in accordance with the commercial lot size requirement in that particular district;

Maximum height of buildings: 35 feet, excluding spires, provided that the number of stories at any point along the periphery of such building shall not exceed 2 1/2 stories;

Site, rear and front yard requirements. There shall be a minimum perimeter setback of 50 feet;

Building coverage as a percentage of lot area. All accessory buildings shall be located on the same lot as the principal buildings and the sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the area of the lot;

Landscaping. All landscaping shall be in accordance the landscaping regulations as set forth in this chapter;

Parking. There shall be one off-street parking space for every three seats in the largest seating area of the structure. One seat shall be considered 22 inches in calculating the capacity of pews or benches;

Exterior signs. All signs shall be in accordance with the sign regulations set forth in this chapter;

Places of worship in the FAR and FARR Districts shall comply with the standards of N.J.A.C. 7:50-5.23(b)1.

Purpose. The provisions of this article are enacted to ensure that the provisions of this chapter which are concerned in part with the uniform treatment of dwelling type, bulk, density and open space within each zoning district shall not be applied to the improvement of land by other than lot-by-lot development in a manner that would distort the objectives of this chapter; to encourage innovations in residential development and renewal so that the growing demand for housing may be met by greater variety in design and layout of dwellings and by conservation and more efficient use of open space ancillary to said dwellings; so that greater opportunities for better housing and recreation may extend to all citizens and residents of this Township; and in order to encourage a more efficient use of land and of public services and to reflect changes in the technology of land development so that economies secured may ensure to the benefit of those who need homes; and, in aid of these purposes, to provide a procedure which can relate the design and layout of residential development to the particular site and particular demand for housing existing at the time of development in a manner consistent with the preservation of the property values within existing residential area and to ensure that the increased flexibility of regulations over land development authorized herein is carried out under such administrative standards and procedures shall encourage the disposition of proposals for land development without undue delay. Furthermore, it should be clearly understood that fundamental to any of the actions, intentions, or purposes set forth herein, any development shall not be detrimental to the environment of the Township.

Conditions for a planned unit residential development. The following are prerequisite conditions for consideration of a planned residential development:

Use regulations. The uses permitted in a planned unit residential development shall be limited to:

Density. The following standards shall govern the density of dwelling units on the land within a planned unit residential development:

Standards for development. The following standards shall govern the design of planned unit residential development:

Open space.

Application for tentative approval for planned unit residential development shall be filed as if the application were a major subdivision and full site plan submission will be required.

Offices of doctors, dentists, attorneys, architects, professional and licensed engineers and surveyors, and similar professionals shall be maintained in a way that does not violate regulatory and zoning ordinances of the Township. No research activity utilizing animals, human bodies, radioactive material (except X-ray equipment commonly used in medical practice), etc., shall be permitted. In reference to the permitted professions, the use of the term "single" shall also include and permit the plural.

Site size. There shall be a minimum site size of three acres, with road frontage of at least 25 feet.

Building coverage. The coverage of the land by all buildings (principal and accessory) shall not exceed 35% of the total site.

Parking. There shall be one square foot of off-street parking space for every square foot of gross building area. Each required parking space shall have direct access to a circulation aisle.

Setbacks. There shall be a perimeter setback of 50 feet.

Landscaping for parking areas. All landscaping shall be in accordance with Article XI, § 144-94, Landscaping.

Sign controls. One plaque sign measuring no more than two square feet shall be permitted for each professional office. Such sign shall be mounted flat against the wall of the principal building, uniform in design, and shall be considered for the purpose of identification rather than advertisement. One freestanding sign shall be permitted with an area of not more than 18 square feet. Such sign may be double-faced. Such sign shall not be neon, flashing, moving or intermittently lighted.

Professional offices are subject to review by the Planning Board and shall be permitted as part of a residential structure, provided that:

Such facilities shall be subject to the zoning requirements for residential structures in the particular district as to minimum lot area, setbacks, building height and landscaping. If such facilities are placed in a residential district, their architectural character shall be residential in nature.

Public utility substations in the PA, FAR, FARR, AP, RD and DVC Districts shall comply with the respective provisions of N.J.A.C. 7:50-5.22(b)4, N.J.A.C. 7:50-5.23(B)12, 5.24(B)9 and 5.26(B)10.

No permanent storage of material or surplus equipment, except for replacement of functional equipment within the subject building, shall be permitted on the building lot.

Recreational facilities. The Township provides substantial recreation facilities. Individual developments are encouraged to provide open space in lieu of individual recreation facilities.

Open space. In developments which provide housing facilities for 25 or more families, the Planning Board shall require a minimum of 15% of the site be dedicated for open space. Such open space shall be upland property contiguous to the subject parcel. No wetland areas or buffers shall be considered for open space area. The land to be dedicated shall remain under the ownership of the homeowners' association and shall not be donated to the Township or a nonprofit organization.

Annual license required. Resource extraction is limited to sand, gravel, clay and ilmenite as permitted under the Pinelands Comprehensive Management Plan. No sand, gravel, clay of ilmenite may be excavated, dug or mined for commercial purposes in the Township of Mullica without first obtaining a permit therefor from the Township Committee in the manner hereinafter set forth. For the purposes of this chapter, "commercial purposes" refers to the sale of commercial use of the sand or other product that is excavated, as distinguished from personal use of the product by the owner of the ground at the place where the same is excavated. No topsoil shall be mined for commercial purposes in the Township of Mullica except for agricultural use by a landowner. The continuation of existing resource extraction operations in accordance with N.J.A.C. 7:50-6, Part VI, is hereby declared to be a conditional use in the FAR Zoning District of Mullica Township. Any property owner seeking to engage in such activity must comply with the standards and regulations set forth hereinafter. Resource extraction operations shall not be a permitted use in any other zoning district of the Township.

License application.

Application requirements.

Charges assessable. Upon conclusion of the Planning Board's review of such application, the Secretary of the Board shall deduct, from the fees tendered, the expenses for professional fees incurred by the Board during the review process. All such expenditures shall be individually itemized and submitted to the applicant together with the appropriate refund, if any, or an invoice for additional payment if required.

Expiration date of license. All licenses run for two years from the date of issuance.

Renewal of license. Licenses issued under this section may be renewed every two years under the following conditions:

Time for renewal application.

Site plan and environmental impact statement. The site plan and environmental impact statement shall be prepared by an appropriately licensed professional and shall include:

Reclamation plan and standards.

Periodic inspections. The Township Engineer shall from time to time make unannounced on-site inspection of the mining operation to review and assess the applicant's conformance with the approved restoration plan. Such periodic inspections shall be a minimum of four times per year; the cost of the same to be paid by the applicant from the annual licensing fees. If for any reason additional inspections are required and should the professional fees charged by the Township Engineer exceed the amount of the application fee, then the applicant shall be billed accordingly.

Performance bond.

Insurance.

Operational standards for all sites.

Operational standards for dry pit.

Operational standards for wet pit.

Prohibited activities.

Reclamation and maintenance bond.

Modification of license.

Additional rights of Township. In addition to the foregoing, but not limited thereto, the municipality may institute and maintain a civil action:

Suspension or revocation of license.

Fees and charges: as set forth in the Article VII of this chapter.

Nontransferability of license. The license issued under this chapter is not transferable, and the holder of the license shall be solely responsible for the provisions specified in this section.

Mailing of copies of notice. The Township Clerk shall mail a copy of this section to each owner of property now being mined and to each operator of said mining operation, in the Township of Mullica, in order that such licensee may know and be advised what he must do before his/her business license may be taken out, pursuant to this chapter.

Violations and penalties. All penalties for violations of this section shall be in accordance with the penalties and violations as set forth in this chapter.

No sign shall be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises. No billboards shall be erected or replaced.

No sign shall be erected, altered or replaced which is not in accordance with the standards established in this chapter. The erection of any sign shall require a zoning permit and, depending on the type of sign, a construction permit. No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, other places of business or other signs or windows of the building on which they are located. No sign shall be attached to trees, fence posts, stumps, utility poles or other signs, but shall be freestanding or attached to buildings in an approved manner.

Permitted signs. The following signs are permitted for uses as specified in Article XII of this chapter for the various zoning districts.

Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more, excluding land in the Preservation Area District and those lands governed by the New Jersey Coastal Wetlands Act, N.J.S.A. 13:9A-1 et seq. shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

Residential dwelling units on one-acre lots may be permitted in any district, provided that:

Residential dwelling units on three-and-two-tenth-acre lots may be permitted in any district, provided that:

Permitted uses. Private swimming pools shall be permitted in ail residential districts.

Compliance required. It shall be unlawful to construct, maintain, install or enlarge any swimming pool in the Township of Mullica except in compliance with the provisions of this section.

Permit required. It shall be unlawful to proceed with construction, installation, enlargement, or alteration of any swimming pool and appurtenances within the Township unless a zoning permit in accordance with the procedures set forth in this chapter is issued.

Location. No portion of an outdoor swimming pool shall be located at a distance of less than 10 feet from any side or rear property line, or building line, nor at any other location where a structure is prohibited under the other terms of Mullica Township's Zoning Ordinances. Pumps, filters and pool water disinfection equipment installations shall be similarly restricted to be requirements of this subsection.

Recirculation pools. All swimming pools shall be of the recirculation type in which circulation of the water is maintained through the swimming pool by pumps; the water drawn from the swimming pool shall be clarified and disinfected before returned to the swimming pool.

Walk areas. Unobstructed walk areas of not less that 36 inches shall be provided to extend entirely around any in-ground swimming pool. The walk area shall be constructed of impervious material, and the surfaces shall be such as to be smooth and easily cleaned and of nonslip construction. The slope of the walks shall have a pitch of at least 1/4 inch to the foot, designed to prevent back drainage from entering the swimming pool. On all aboveground swimming pools, no completely surrounding walk area shall be required. Where a walk area is provided, however, such area shall be at least 36 inches wide and bordered by a fence or railing.

Fences. All outdoor swimming pools shall be completely enclosed by a fence. Such fence may either be used to enclose only the swimming pool itself, or may be a fence which provides a continuous barrier to the portion of the yard where the swimming pool is located. The structural sides of an aboveground pool may be used to satisfy a portion of the fence height requirement. In all cases, a minimum height of four feet shall be met by vertical fence extensions from the side or other means. Retractable stairs, which are self-latching, are acceptable substitutes for closing gates. All fence openings or points of entry into the swimming pool area enclosures shall be equipped with gates. The fence and gates shall be at least four feet in height above the grade level. All gates shall be equipped with self-closing and self-latching devices placed on top of the gate. Fence posts shall be decay or corrosion-resistant and shall be set in concrete bases, or by manufacturer's specifications. All fences shall be in compliance with current BOCA Code requirements.

Steps or ladders. In every swimming pool, at least one means of egress in the forms of steps or ladders shall be provided.

Electrical requirements. All the electrical installations provided for, installed, and used in conjunction with private residential swimming pools shall be in conformance with ordinances regulating electrical installations; however, ground fault interrupters shall be required in all instances.

No current carrying electrical conductors shall cross private residential swimming pools, either overhead or underground.

All metal fences, enclosures, or railings near or adjacent to swimming pools, which might become electrically alive as a result of contact with broken overhead conductors or from any other cause, shall be effectively grounded.

Inspection. The Zoning Officer periodically may inspect any swimming pool to determine whether or not the provisions of the ordinances have been compiled with and maintained.

Nonconforming uses. All swimming pools not in conformance with this chapter erected or maintained prior to the effective date of this chapter shall be deemed to be nonconforming uses.

Findings.

Purposes.

Development of towers.

Setbacks.

Structural requirements. All towers must be designed and certified by an engineer to be structurally sound and, at a minimum, be in conformance with the Uniform Construction Code and BOCA National Property Maintenance Code and all other standards as set forth in this chapter or as otherwise applicable. All towers in operation shall be fixed to land.

Buffer requirements. For the purpose of this section, the distances between towers shall be measured by drawing or following a straight line between the base of the existing or approved structure and the proposed base, pursuant to a site plan of the proposed tower. Tower separation distances from residentially developed properties shall be measured from the base of the tower to the closest point of residentially developed properties. The minimum tower separation distances from residentially developed properties and from other towers shall be calculated and applied irrespective of the Township's jurisdictional boundaries.

Method to determine tower height. Measurement of the tower height for the purpose of determining compliance with all requirements of this chapter shall include the tower structure itself, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the top of the tower structure itself. Tower heights shall be measured from grade.

Illumination. Towers shall not be artificially lighted except as required by the Federal Aviation Administration. Upon commencement of construction of a tower, in cases where there are residential uses located within a distance which is 300% of the height of the tower from the tower and when required by federal law, dual-mode lighting shall be requested from the FAA.

Exterior finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances the compatibility with adjacent land uses, and the same shall be approved by the Planning Board of the Township of Mullica. For example, earth-tone colors may be required for the fifty-foot portion of the tower which is close to land or whose background is a forest or other type scenery, or blue or sky colors may be required for the portion of the tower extending above 50 feet so that the same would blend in with the natural horizon.

Landscaping. All landscaping on a parcel of land containing towers, antenna support structures or telecommunications facilities shall be in accordance with the applicable landscaping requirements as set forth in the Township of Mullica Municipal Land Use Ordinance. In addition to said requirements, the Township may request perimeter trees which upon maturity would be 30 feet or higher performing a circular pattern around such tower, antenna support structure or telecommunications facility. Additionally, any non-tree area shall be sodded or shall otherwise be landscaped to create an aesthetically pleasing environment and to enhance the compatibility with adjacent land uses. A wooden fence may also be required, and any landscaping shall be installed on the outside of any such fencing. A fence may be required for safety purposes. All trees required shall be compatible with indigenous Pineland trees.

Access. The parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Additional parking may be required by the Planning Board based on use. Adequate area must exist for vehicles to turn around at the site. All access roads to the site must be paved with asphalt or be of compacted gravel.

Stealth design. All towers must attempt to use stealth design, and no tower which is considered a conditional use shall be approved unless said stealth design is used.

Telecommunications facilities on antenna support services. Any telecommunications facilities which are not attached to a tower may be permitted on any antenna support structure at least 100 feet tall, regardless of the zoning restrictions applicable to the zoning district where the structure is located. Telecommunications facilities are prohibited on all other structures. The owner of such structure shall, by written certification to the Zoning Officer, establish the following at the time plans are submitted for a building permit:

Modification of towers.

Certifications and inspections.

Maintenance.

Criteria for site plan development modifications.

Abandonment.

Minimum lot area. The minimum lot area for any lot which will have a tower located thereon within the Township of Mullica shall be sufficient to comply with the setback requirement set forth in Subsection GG(4). The minimum lot area shall be sufficient to permit a setback of a minimum of 150% of the height of the tower, measured from the perimeter of the base of the tower to the nearest property line. The height of the tower shall be calculated as set forth in Subsection GG(7).

Site plan review. All applications to determine whether or not a tower may be sited within the Township of Mullica shall be submitted to, reviewed and approved or disapproved by the Township Planning Board. In addition to addressing the requirements set forth in this chapter, the Planning Board or Zoning Board of Adjustment shall consider any and all additional site plan requirements.

Federal approvals. In addition to the requirements set forth herein, all applicants must receive any and all necessary federal and state approvals including but not limited to approval from the FCC, FAA and State Pinelands Commission, if applicable.

Signs. No signs shall be permitted at or on any tower or antenna support structure except signs warning of any potential danger at such location.

Such facility shall have a minimum site size as listed in the Schedule of District Regulations for that particular district.[9]

The height of the repair garage shall not exceed one story or 25 feet.

There shall be a front yard setback of a minimum of 100 feet; side yard setbacks of at least 50 feet; and a rear yard setback of at least 100 feet.

The means of vehicular access and egress at the facility must be clearly defined and controlled to insure safe and efficient operation of the facility.

All body repair and mechanical work shall be carried on in fully enclosed structures.

One approved off-street parking space shall be provided for every full-time employee plus two off-street parking spaces for each service bay. Such spaces shall be located in the rear or side yard of the site and shall be designed as defined in this chapter.

Outdoor storage of equipment or parts shall not be permitted.

Motor vehicle screening and storage shall be in accordance with the design standards of this chapter. All vehicles must be stored at the rear of the building in an area fenced with privacy fencing or adequate buffer strips as determined by the Planning Board.

Exterior lighting, for security purposes, shall be arranged so that it does not obstruct or hamper the visibility of drivers or pedestrians.

Signs shall be prohibited except as allowed under the sign section of this chapter.

Vehicle repair garages must comply with all county, state and federal regulations.

Vehicular towing shall be permitted as an accessory use to a vehicle repair garage. Screening of vehicles on the site must comply with the design standards of this chapter.

Size of site. The site shall meet the minimum lot size requirements for the district in which the site is located.

Height of building. The height of the principal building shall not exceed one story, or 20 feet, in the office and display areas. A building used for a service area shall not exceed the height of 25 feet.

Building coverage. All buildings combined shall not cover or encompass more than 25% of total land area allocated to said establishments.

Signs shall be in accordance with the signs section of this chapter.[10]

Setbacks. No part of any building shall be closer than 50 feet to any property line. No vehicles shall be displayed closer than 15 feet from the front yard property line.

Paving and drainage. All areas not required for landscaping and other purposes (whether regulated by the ordinance or not) shall be stoned and properly drained.

Landscaping. All landscaping shall be in accordance with the landscaping requirements of this chapter.

All vehicle service activities and operations shall be conducted within fully enclosed structures. No commercial gasoline stations shall be permitted as part of a vehicle sales facility. A gasoline dispensing facility which is an integral part of said operation and is not open to the public may be permitted, subject to Planning Board approval of the location of these facilities on the site.

Entrances and exits. All service entrances and exits shall be located at the rear or side of the principal buildings.

Lighting. No flashing or flickering lights may be used. Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be arranged so as not to obstruct or deter the visibility of drivers or pedestrians. Lighting fixtures illuminating the front yard area of the site shall not exceed 30 feet in height and shall be ornamental and architecturally compatible with the building.

Access and egress for traffic. There shall be one curb cut permitted along the front property line of the site. All traffic access and egress points shall be so designed to assure the safe circulation of vehicular traffic to and from the site.

Fences and walls. Any fences or walls must be erected subject to the conditions set forth in this chapter.

On-site parking. There shall be one on-site parking space for every full-time employee. In addition, there shall be a minimum of five customer on-site parking spaces. Each employee or customer on-site parking space shall be clearly marked and shall be provided as defined in this chapter.

Vehicular towing shall be permitted as an accessory use to a vehicle sales facility. Screening of vehicles on the site must comply with the design standards of this chapter.

Bed-and-breakfast inns as conditional uses. Any and all bed-and-breakfast establishments shall be conditional uses and must obtain conditional use approval from the Planning Board of the Township of Mullica prior to commencing operation or opening for business.

Permitted locations. Bed-and-breakfast establishments shall only be located in the RDA, PT, NV, NVC, SV, WV, DVC, EV and EVC Districts.

Submission to Planning Board. All applications for approval of a bed-and-breakfast must contain all plans and documentation as set forth in the section of the Municipal Land Use Ordinance governing Planning Board applications. All proposed bed-and-breakfast applicants must receive, at a minimum, conditional use approval including site plan approval. Said plans shall also clearly show and identify all guest rooms and other rooms contained in said bed-and-breakfast and the dimensions thereof.

Bed-and-breakfasts must be owner-occupied. No property shall be approved for a bed-and-breakfast use unless the same will be owner-occupied and is the primary residence of the proprietor of said bed-and-breakfast establishment.

Guest bedrooms. In order to be approved as a bed-and-breakfast establishment, the structure housing said bed-and-breakfast establishment must have at least four but no more then eight bedrooms within a single structure. At least three but no more than seven of said bedrooms must be guest bedrooms which are available for public use at all times. At least one bedroom must be used at all times as the bedroom and living quarters of the proprietor of said bed-and-breakfast.

Bathrooms. All bed-and-breakfast establishments within the Township of Mullica are encouraged to have a full bathroom for each quest room, although shared bathrooms may be permitted in the discretion of the Planning Board. A bed-and-breakfast shall have at least three full bathrooms, of which at least two shall be available to guests of the bed-and-breakfast at all times.

Cooking facilities. All bed-and-breakfast establishments in the Township of Mullica shall have a central cooking area large enough to prepare meals for all guests at one time. Any and all cooking facilities or devices, of any nature, shall be strictly prohibited in guest rooms.

Common dining area. All bed-and-breakfast establishments in the Township of Mullica shall have a common dining area large enough to seat all guests of said bed-and-breakfast at one sitting. Said dining area shall have a minimum of two chairs for every one bedroom at the bed-and-breakfast establishment. Said common dining area must be arranged so that breakfast, lunch, dinner and afternoon tea/coffee may be served to guests therein.

Room service shall be permitted.

Common lounge area. All bed-and-breakfast establishments in the Township of Mullica shall have a common living room or lounge where guests may sit or otherwise relax and mingle.

Parking.

Landscaping. All landscaping at bed-and-breakfast establishments in the Township of Mullica shall be plants indigenous to the New Jersey Pinelands. All landscaping and landscaping schemes shall be approved by the Planning Board.

Fences. Fences shall be permitted at bed-and-breakfast establishment in the style and height of fences permitted for single-family residential uses in the zone in which said bed-and-breakfast establishment is located.

Signs. Each bed-and-breakfast establishment with the Township of Mullica shall be permitted to erect one five-square-foot, freestanding, two-sided sign which may indicate the name of the bed-and-breakfast, its address and whether vacancies exist or not. All other signs, including but not limited to wall-mounted signs, rooftop signs or other signs of any nature are strictly prohibited.

Compliance with laws. All bed-and-breakfast establishments in the Township of Mullica shall comply with all federal, state, county and municipal laws, rules and regulations. This includes, but is not limited to all requirements of the Uniform Construction Code, including square footage for guest rooms, BOCA Property Maintenance Code, State Fire Safety Code, including but not limited to the Uniform Fire Code Retrofit Guidelines and all County Health Department guidelines.

Length of stay. No bed-and-breakfast establishment within the Township of Mullica shall be operated in such a manner as to become a permanent guesthouse, boardinghouse or other type of permanent living quarters. No guest may stay at any bed-and-breakfast establishment in the Township of Mullica for longer than 14 consecutive days, nor shall any guest stay at a bed-and-breakfast establishment in the Township of Mullica for more than 14 days in any month. This section shall be interpreted in a light most favorable to the Township of Mullica and in such a manner as to further the intent of the Township of Mullica to create bed-and-breakfast establishments pursuant to this chapter and not to create rooming houses or other types of permanent or semipermanent living quarters.

Employees. Bed-and-breakfast establishments in the Township of Mullica shall have employees who are occupants of the bed-and-breakfast or familial relationships thereof. No more than three employees shall work at a bed-and-breakfast establishment at any time who are not resident members of the family unit which occupies and owns said bed-and-breakfast establishment.

Accessory uses. Fences, signs and parking areas are the only accessory uses permitted to be used in conjunction with a bed-and-breakfast establishment. All bed-and-breakfast establishments shall contain all guest rooms within one structure only and there shall not be more than one structure on any lot. All storage of food, etc., shall be contained within the principal structure and no sheds shall be permitted.

Trash enclosure. The pickup and removal of trash, and the cost for the same, shall be the responsibility of the owner/operator of the bed-and-breakfast establishment. They shall contract with a private trash hauler for said services. Trash shall only be stored in trash containers on the side of or behind the bed-and-breakfast establishment and all such trash areas shall be enclosed by a fence whose height and style is the same as that permitted in the residential zone in which the bed-and-breakfast establishment is located. No trash container, can or enclosure, or any portion thereof, shall be located in front of the front wall of the bed-and-breakfast establishment.

Additional Planning Board approval. Any enlargement of, addition to or expansion of a bed-and-breakfast establishment must receive Planning Board approval and must comply with all conditions of the Municipal Land Use Ordinance. Any bed-and-breakfast establishment which is going to deconvert into a single-family use must receive prior approval of the Mullica Construction Official, Zoning Officer and Fire Department to insure that said deconversion is performed in accordance with the Uniform Construction Code, Uniform Fire Code and all other applicable statutes and regulations.

Licensure. Each bed-and-breakfast establishment shall be licensed on an annual basis by the Township Committee of the Township of Mullica. The annual fee shall be $250.

Revocation. Any owner/operator of a bed-and-breakfast establishment in the Township of Mullica may be fined up to $1,250 and/or have their license to operate revoked for any violation of this section. No license shall be revoked unless notice of such revocation is provided and a hearing regarding any violation is held before the Mullica Township Committee. If a license is revoked, the property can no longer be used and/or operated as a bed-and-breakfast establishment.

Bulk requirements. Any lot within the Township of Mullica where a bed-and-breakfast establishment will be located must meet the minimum area and bulk requirements for the district in which the establishment is to be located. The site must also contain the required lot area to meet the nitrate dilution model requirements of the New Jersey Pinelands Commission.

Permitted density:

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection KK(1) above, with a bonus applied as follows:

The residential cluster shall be located on the parcel such that the development area:

Development within the residential cluster shall be designed as follows:

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Mullica Township or incorporated as part of one of the lots within the cluster development area, as determined by the Planning Board at the time of application review.

The Planning Board finds that:

Minimum lot area requirements:

Any residential development of five or more units shall reserve 20% of the total units for occupancy by low- or moderate-income households, to the extent economically feasible in accordance with N.J.S.A. 52:27D-329.9a.

All affordable housing units shall be constructed, maintained and marketed in accordance with the provisions of the Affirmative Marketing Ordinance under § 140-79.1 of the Township Code.

All nonresidential development shall be required to pay an affordable housing development Fee in accordance with the provisions of § 140-79.2 of the Township Code and N.J.S.A. 40:55D-8.1 through 8.8.

The parcel proposed for low-intensity recreational use has an area of at least 50 acres;

The recreational use does not involve the use of motorized vehicles except for necessary transportation;

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;

The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre and providing the campsites are duly licensed by the Township;

Clearing vegetation, including ground cover and soil disturbance, does not exceed 5% of the total parcel; and

No more than 1% of the parcel will be covered by impervious surfaces.

The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

The use is environmentally and aesthetically compatible with the character of the Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

Minimum lot size: 1.0 acre.

Mean lot width: 125 feet.

Minimum lot frontage: 125 feet.

Minimum front yard setback: 200 feet.

Minimum side yard setback: 25 feet.

Minimum rear yard setback: 50 feet.

Minimum improved lot frontage: 125 feet.

Maximum building height: 35 feet.

Maximum principle building coverage: 10% or a maximum of 4,000 square feet, whichever is smaller.

Maximum impervious coverage: 10% or a maximum of 10,000 square feet, whichever is smaller.

Minimum lot size: 3.2 acres.

Mean lot width: 125 feet.

Minimum lot frontage: 125 feet.

Minimum front yard setback: 200 feet.

Minimum side yard setback: 25 feet.

Minimum rear yard setback: 50 feet.

Minimum improved lot frontage: 125 feet.

Maximum building height: 35 feet.

Maximum principle building coverage: 10% or a maximum of 4,000 square feet, whichever is smaller.

Maximum impervious coverage: 10% or a maximum of 10,000 square feet, whichever is smaller.

Residential dwelling units not to exceed a gross density of one unit per 10 acres, except as otherwise provided in this section, provided that:

Residential dwelling units at a density of one unit per 3.2 acres, provided the conditions of § 144-123DD are met.

Agriculture.

Agricultural employee housing as an element of, and accessory to, an active agricultural operation.

Forestry.

Fish and wildlife management and wetlands management.

Low-intensity recreational uses, provided that.

Expansion of intensive recreational uses, provided that:

Agricultural commercial establishments, excluding supermarkets, restaurants, and convenience stores, provided that:

Agricultural products processing facilities.

Public service infrastructure. Centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural Production District only in accordance with § 144-110, Water quality.

Street, identification and directional signs.

Accessory uses.

Pinelands Development Credits, in accordance with § 144-123T.

Detached single-family dwellings on one-acre lots, in accordance with § 144-123DD.

Roadside retail sales and service establishments, provided that:

Pinelands resource-related industrial uses, excluding resource extraction and uses that only rely on sand or gravel as raw products, provided that:

Residential dwellings units at a gross density of one unit per 40 acres, provided that:

All applications under these conditional uses shall meet the above requirements. Should an applicant not meet any one of these items, the proposed application shall not be considered a permitted use within the district.

Land in Rural Development Area may be utilized as follows:

Existing residential uses present and legally constructed at the time of the adoption of this chapter.

Detached single-family dwellings on one-acre lots, in accordance with § 144-128, Rural Development District Land Transfer Program.

All applications under this conditional use shall meet the requirements of § 144-128. Should an applicant not meet any one of these items, the proposed application shall not be considered a permitted use within the district.

Nonclustered residential dwelling units in accordance with § 144-123LL.

Residential dwelling units shall be permitted in accordance with the Schedule of District Regulations,[1] provided that clustering of the permitted dwellings shall be required in accordance with §144-123KK whenever two or more units are proposed as part of a residential development.

Agricultural, forestry, campground uses;

(Reserved)[2]

Educational uses (see § 144-123AA);

Place of worship (see § 144-123U);

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval;

Cultural housing as per § 144-123.DD, Substandard lots and cultural housing exemptions;

Recreational uses: public and/or private commercial golf course, driving range, health club, and bowling alley;

Light industrial use subject to site plan approval;

Professional offices, medical complexes, nursing homes and senior citizen housing in accordance with residential densities of Subsection A(1) above and adult day-care facilities, subject to site plan approval;

Commercial shopping centers, vehicle sales and service establishments, gasoline service stations and vehicle repair facilities, eating and entertainment establishments, such as theaters and restaurants and retail food establishments, subject to site plan approval;

Agricultural commercial establishments (roadside stands);

Municipal uses such as Township-owned buildings, schools, parks and playgrounds, but excluding sanitary sewer facilities;

Vehicle impound lots, subject to site plan approval, with appropriate license from Township Committee, subject to the following:

All conditional uses are subject to review by the Planning Board and require Site Plan Approval. Unless otherwise noted, a minimum lot size of 3.6 acres is required for each conditional use:

The applicant shall satisfy the minimum lot size requirements for development (3.6 acres) to utilize the Land Transfer Program; the applicant may acquire noncontiguous land subject to the provisions of this section.

The portion of the lot to be improved must consist of a parcel with a minimum size of one acre (43,560 square feet) and be in existence as of February 4, 1994.

The applicant must show proof of ownership of sufficient additional noncontiguous land to reach a total of 3.6 acres. Proof of ownership may consist of a true copy of a deed properly recorded or such other proof as may satisfy the Board that the applicant is the legal owner of the additional noncontiguous acreage.

The additional noncontiguous land must be located in the Rural Development (RD) District in Mullica Township. Property owners will not be permitted to subdivide property to create one-acre lots for the purpose of exercising development rights under this transfer program.

Each one-acre-or-larger lot sought to be improved must be shown by the applicant to be eligible for a permit (permitable) for a single realty unit septic system in accordance with the applicable regulations of the New Jersey Pinelands Commission, the New Jersey Department of Environmental Protection and Energy, the Atlantic County Board of Health, and any other agency having jurisdiction over the design and/or installation of septic systems for the property.

The lot proposed for development otherwise meets the minimum standards of Article XI, Design, Performance and Evaluation Standards, of this chapter.

Restrictions must also be noted on any plans or plots approved by the Planning Board or the Zoning Board.

The applicant who satisfies the minimum lot acreage density requirement (3.6 acres) pursuant to the Land Transfer Program set forth in this section must deed restrict both parcels of land to preclude further development not in accordance with this section or with the New Jersey Pinelands Comprehensive Management Plan (PCMP). The portion of the noncontiguous property which is not subject to improvement or development shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

The non-contiguous parcel utilized to complete one total parcel of acreage (3.6 acres or more) for purposes of this section may not be transferred, encumbered, assigned, leased, rented, or used for any purpose inconsistent with its utilization as part of the development parcel.

Any property used as a noncontiguous assemblage for purposes of this section may not be transferred or assigned in any manner separately from the portion of the noncontiguous parcel that is developed.

A property once transferred to complete the assemblage of a noncontiguous buildable parcel pursuant to this section may not be used to complete an assemblage of any other noncontiguous parcel pursuant to the provisions of this section.

A noncontiguous parcel assembled pursuant to the provisions of this subsection may not thereafter be segregated or subdivided.

Development permitted on the property shall be in accordance with all development requirements of the RDA District, Mullica Development Ordinance, PCMP, and all applicable statutes and regulations.

Tax assessment for the acquired noncontiguous lands are combined and shall be assigned to the land to be developed. The buildable land and the noncontiguous land shall be treated as one property for all purposes related to taxation, including but not limited to assessment, collection, issuance of tax sale certificates and tax sale foreclosures.

Single-family detached residential, subject to the following:

Public and private education uses.

Place of worship,subject to site plan review by the Planning Board.

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval.

Agricultural commercial establishments, (roadside stands).

Retail sale facilities, retail food establishments, farm supply facilities, eating and drinking establishments.

Commercial shopping centers subject to Planning Board Approval (see § 144-123E); vehicle, new vehicle sales and service establishments (see § 144-123II); gasoline service stations (see § 144-123I); automotive repair (see § 144-123HH).

Light industrial, subject to planning approval (see § 144-123L).

Professional offices subject to Planning Board Approval (see § 144-123W); medical complexes and nursing homes subject to Planning Board Approval (see § 144-123N).

Vehicle impound lots, subject to site plan approval, with appropriate license from Township Committee, subject to the following:

Any of the uses set forth in Subsection A(1) through (8) of this section are authorized in a Pinelands Town, provided that:

No residential dwelling units or nonresidential use shall be located in a parcel of less than one acre unless served by a centralized wastewater treatment plant.

Any municipal variance approval which grants relief from the density or lot area requirements for a residential or principal nonresidential use in the PT District shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.

Single-family detached residential, subject to the following:

Agricultural, forestry;

Public utilities and infrastructures subject to § 144-123X.

Educational uses (see § 144-123AA).

Place of worship (see § 144-123U).

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval.

Cultural housing as per § 144-123DD, Cultural housing.

Agricultural commercial establishments (roadside stands).

The following uses are conditionally permitted subject to review by the Planning Board and the conditions as outlined in the referenced note:

Any of the uses set forth in Subsection A(1) through (8) of this section are authorized in a Pinelands Village, provided that:

No residential dwelling units or nonresidential use shall be located in a parcel of less than one acre unless served by a centralized wastewater treatment plant.

Any municipal variance approval which grants relief from the density or lot area requirements for a residential or principal nonresidential use in the NV District shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that permitted without the variance.

Single-family detached residential, subject to the following:

Agricultural, forestry, campground uses;

Planned residential development, subject to site plan approval;

Educational uses (see § 144-123AA);

Place of worship (see § 144-123U);

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval;

Cultural housing as per § 144-123.30, Cultural housing;

Recreational uses: public and/or private commercial golf course, driving range, health club, and bowling alley;

Professional offices, medical complexes, nursing homes and senior citizen housing in accordance with the residential densities of Subsection A(1) above and adult day-care facilities, subject to site plan approval;

Commercial shopping centers, vehicle sales and service establishments, gasoline service stations and vehicle repair facilities, and eating establishments, such as restaurants and retail food establishments, subject to site plan approval;

Agricultural commercial establishments, (roadside stands).

All conditional uses are subject to review by the Planning Board and require site plan approval. Unless otherwise noted, a minimum lot size of five acres is required for each conditional use:

Single-family detached residential, subject to the following:

Agricultural, forestry, campground uses, subject to site plan approval by Planning Board.

Educational uses (see § 144-123AA).

Place of worship (see § 144-123U).

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval.

Cultural housing as per § 144-123DD, Cultural housing.

Agricultural commercial establishments (roadside stands).

The owner of a parcel of land with a minimum of one acre shall be entitled to develop one single-family dwelling on the parcel, provided that:

All conditional uses are subject to review by the Planning Board and require site plan approval. Unless otherwise noted, a minimum lot size of 3.2 acres is required for each conditional use.

Single-family detached residential, subject to the following:

Agricultural, forestry.

Planned residential development, subject to site plan approval.

Educational uses (see § 144-123AA).

Place of worship (see § 144-123U).

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval.

Cultural housing as per § 144-123DD, Cultural housing.

Recreational uses: public and/or private commercial golf course, driving range, health club, and bowling alley.

Agricultural commercial establishments (roadside stands).

The owner of a parcel of land with a minimum of 1.5 acres shall be entitled to develop one-single-family dwelling on the parcel, provided that:

All conditional uses are subject to review by the Planning Board and require site plan approval. Unless otherwise noted, a minimum lot size of 2.0 acres is required for each conditional use:

All development in the Elwood Village is subject to requirements set forth in the Land Development Ordinance of Mullica Township regarding certain infrastructure requirements including but not limited to sidewalks, curbs, streetlights, pedestrian access and access for disabled persons.

Single-family detached residential, subject to the following:

Agricultural, forestry, campground uses.

Planned residential development, subject to site plan approval.

Educational uses (see § 144-123AA).

Place of worship (see § 144-123U).

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval.

Recreational uses: public and/or private commercial golf course, driving range, health club, and bowling alley.

Light industrial uses subject to site plan approval, excluding trash transfer stations and auto salvage yards or facilities.

Professional offices, medical complexes and nursing homes and senior citizen housing in accordance with the residential densities of Subsection A(1) above and adult day-care facilities, subject to site plan approval.

Commercial shopping centers, vehicle sales and service establishments, gasoline service stations and vehicle repair facilities, eating and entertainment establishments, such as theaters and restaurants and retail food establishments, subject to site plan approval.

Roadside retail sales and service establishments.

Vehicle impound lots, subject to site plan approval, with appropriate license from Township Committee, subject to the following:

The owner of a parcel of land with a minimum of 1.5 acres shall be entitled to develop one single-family dwelling on the parcel, provided that:

All conditional uses are subject to review by the Planning Board and require site plan approval. Unless otherwise noted, a minimum lot size of 2.0 acres is required for each conditional use:

Single-family detached residential, subject to the following:

Agricultural, forestry, campground uses.

Planned residential development, subject to site plan approval.

Educational uses (see § 144-123AA).

Place of worship (see § 144-123U).

Parks, playgrounds, playfields, or recreational uses of land, subject to site plan approval from the Planning Board, for other than municipally owned land. While municipal uses are permitted, they are not required to obtain site plan approval.

Cultural housing as per § 144-123DD, Cultural housing.