An application for a car wash shall satisfy all procedural requirements and standards for site plan review and also shall include appropriate off-tract information to permit the Planning Board to make an informed decision as to whether the requirements set forth in Subsections B(2) and B(3) hereinbelow have been met.

The Planning Board shall be satisfied that the proposed development will be in harmony with adjacent activities and land uses.

The Planning Board shall be satisfied that the off-tract circulation is adequate for the movement of people and goods, whether in vehicles or as a pedestrian or by bicycle or other means. The Planning Board must make a specific determination that the access to and from the tract is adequate and that the adjacent road system is capable of accommodating the proposed traffic load, particularly during peak hours.

The Planning Board shall be satisfied that the applicant has taken into consideration the physical constraints of the tract, including topography, drainage, soil conditions and existing vegetation.

The Planning Board shall be satisfied that on-tract circulation is adequate, safe and efficient for all users and vehicles, including pedestrians, automobiles, delivery vehicles, emergency vehicles and service vehicles.

A car wash shall satisfy the following requirements in addition to requirements otherwise applicable in the HC Zone:

All of the other area, yard, building coverage, height and general requirements of the HC Zone and other applicable requirements of this chapter must be met.

Intensive fowl or livestock farms may be established in the AR Agricultural Retention and RR Rural Residential Districts only as a conditional use after site plan review and approval by the Planning Board.

In addition to the normally required site plan information, the application shall set forth:

The Planning Board must find that the system for disposal of waste from the animals is adequate and have reasonable assurance that it will continue to be adequate, practical and efficient for the foreseeable future and, if necessary, can require guaranties of the same. Disposal of waste by a combination of holding tanks and injection into land owned by the operator may be required by the Planning Board after taking into consideration the number and type of animals, the type and amount of confinement and the amount of land owned by the operator on which waste will be spread.

The Planning Board must find that the operation planned will not reasonably be expected to constitute a nuisance because of odor, sound or sight to the neighborhood nor create any reasonably foreseeable sanitation or health problems.

Any building, fenced run or other enclosure for the containment of fowl or livestock or for the storage of animal waste on an intensive fowl or livestock farm shall be set back from any front, side or rear property line and from any zoning district boundary line in accordance with the following provisions:

The feeding of swine upon garbage, either cooked or uncooked, is specifically prohibited.

In reviewing any application for an intensive fowl or livestock farm, the Planning Board may request:

Any certificate of occupancy shall remain valid only as long as the intensive fowl or livestock farm is operated in a nuisance-free manner in accordance with the above-listed standards and any additional conditions imposed by the Board.

The use shall be conducted within a totally enclosed, permanent building.

The minimum lot size shall be one acre, the minimum lot frontage and width shall be 150 feet and the minimum lot depth shall be 200 feet. The front yard minimum shall be 75 feet, the side yard minimum shall be 75 feet and the rear yard minimum shall be 50 feet, except at least a twenty-five-foot buffer shall be required along any common property line with a residential use or district which shall be appropriately landscaped with evergreen plantings and bermed, if necessary, to provide sufficient screening.

The maximum building coverage shall be 20%, and the maximum lot coverage shall be 55%. All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or plantings and maintained in good condition. In any case, at least the first 25 feet adjacent to any street line and 15 feet to any property line shall be planted and maintained in ground cover and landscaped with a mixture of native shrubbery.

There shall be no manufacturing. Additionally, there shall be no processing or assembling except that which is incidental and essential to the food enterprise, such as the assembling of sandwiches, and only when the processed or assembled merchandise is sold at retail on the premises.

All fast-food restaurants and fast-food convenience stores shall provide separate public rest room facilities for male and female customer use.

The hours of operation shall be no longer than 20 hours per day, and the facility shall be closed between the hours of 2:00 a.m. and 6:00 a.m., at the minimum.

Ingress and egress shall be provided from a nonresidential arterial or collector street. Adequate on-site parking shall be provided either at a ratio of one space for every 100 square feet of gross floor area or one space for every three seats, whichever results in a greater requirement, plus additional parking for employees as necessary.

A loading zone shall be provided for off-street loading at the side or rear of the building. There shall be at least one off-street loading space for every building. Each loading space shall be at least 15 feet in width and 40 feet in length with adequate ingress and egress from a public street. There shall be no loading and unloading from the street.

There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by a location outside the building which shall be a steel-like, totally enclosed container which shall be placed on a concrete pad and enclosed by a fenced-in area eight feet by eight feet, six feet high, with an opening front gate to be located at least 20 feet inside the property line.

All of the other area, yard, general and sign requirements of the HC Zone and other applicable requirements of this chapter must be met.

Kennels and/or animal hospitals may be established in AR Agricultural Retention Districts only after site plan review and approval by the Planning Board.

Kennels or animal hospitals having open pens or cages shall be located on a land parcel having a minimum of five acres and shall be set back at least 200 feet from all lot lines.

In cases where the use is to be carried on within a completely enclosed, soundproof building, the AR Agricultural Retention District lot and yard requirements shall apply.

Kennels and animal hospitals may have one freestanding sign not exceeding 30 square feet in size and 10 feet in height and set back at least 10 feet from any street line and at least 50 feet from any property line.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

All of the other yard, coverage and height requirements of the AR District and other applicable requirements of this chapter shall be met.

Off-site business direction signs are permitted as conditional uses, provided that the Planning Board has made a finding that such sign is reasonably necessary to aid members of the public to find the place of business identified and has further found such a sign will not result in substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter.

The sign shall not exceed eight square feet in area, shall not be more than 15 feet in height, shall be located at least 100 feet from any street line intersection and 500 feet from any other off-site sign, shall not be flashing or animated and shall be located within three miles of the goods or services advertised.

The sign shall be set back at least 10 feet from any street right-of-way line or further if determined to be in the best interest and safety of the public by the Planning Board.

The sign shall be no closer to any boundary line with an adjacent property than the minimum side yard requirement for a principal building in that zoning district as specified in Articles IV and VI of this chapter.

The sign shall contain no information other than the name and location of the place of business and directions as to reaching said business.

There shall be no more than one such sign on any parcel of land under common ownership.

There shall be no more than one such off-premises sign within the Township for any particular place of business.

Any conditional use approval granted for such a sign shall terminate upon the termination of the business that is identified, and the sign must, thereupon, be removed promptly or it shall constitute a violation of this chapter by the owner of the land on which it is located.

The Planning Board may impose any other conditions which it finds reasonable to prevent detriment to the public good and impairment of the intent and purpose of the zone plan and this chapter.

The application for the conditional use shall be made jointly by the owner of the land on which the sign is to be placed and by the owner of the business that is to be identified.

A planned industrial development in the AR District is permitted as a conditional use, provided that the tract(s) directly abut a railroad right-of-way, serving the planned industrial development uses for the purposes of loading and unloading.

The planned industrial development shall conform to the provisions of § 145-41E except that the minimum tract size shall be at least 100 acres in size and except further that a hotel/motel principal building shall not exceed 48 feet and four stories in height.

For purposes of this chapter, the term "public utility uses" shall include such uses as telephone dial centers, power substations, and other utilities serving the public such as water and sewage conveyance, treatment, and storage facilities, but shall exclude dumps or sanitary landfills.

The proposed installation in a specific location must be necessary for the convenient and efficient operation of public utility uses involved and for the satisfactory provision of service by the utility to the neighborhood or area in which the use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.

The design of any building in connection with such facilities must not adversely affect the safe, comfortable enjoyment of property rights in the surrounding area.

Adequate fences, screening devices and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities, such as electrical substations, shall be built in accordance with the applicable requirements of the Board of Public Utilities and the Uniform Construction Code (UCC).

The maximum building coverage shall be 35% and the maximum lot coverage shall be 50%. Landscaping, including shrubs, trees and lawns shall be provided and maintained.

Off-street parking shall be provided as determined by the Planning Board during site plan review.

The maximum building or structure height shall be 100 feet for a water storage tank, provided that the standpipe has been designed to blend into the rural landscape. The architectural design of the tank shall be reviewed and approved by the Township during site plan review based on this standard.

In conjunction with a farm only, one roadside stand offering for sale produce harvested on the farmed premises or elsewhere in the Township shall be permitted as a conditional use and shall require site plan review and approval from the Board.

Roadside stands shall be maintained in good repair on a well-kept site. They shall have only one entrance and one exit from the highway and shall maintain no display of goods nearer than 40 feet to a road right-of-way line.

One off-street parking space for every 100 square feet of display area shall be provided.

Three seasonal agricultural signs and one identification sign may be erected in accordance with § 145-34A(16).

The purpose of this subsection is to promote communication within the Township in a manner which will properly safeguard the public health, safety and welfare by permitting the use of satellite dish antennas as conditional uses in all zones, said antennas to be installed in an unobtrusive manner so as not to interfere with the intent and purpose of the zone plan. Applications for installation or construction of satellite dish antennas shall be subject to the minor site plan review provisions set forth in § 145-55 of this chapter and the construction permit provisions set forth in § 145-65D.

Installation or construction of satellite dish antennas shall be subject to the following minimum requirements:

The minimum lot size for service stations and public garages shall be one acre, and the minimum depth shall be 100 feet. The minimum frontage shall be 200 feet for public garages and for those stations with not more than three dispensing pumps; for every three additional pumps or fraction thereof, the minimum frontage shall be increased by an additional 50 feet. The minimum front yard setback shall be 30 feet for any structure except permitted signs; the minimum side yard setback shall be 20 feet for any structure; and the minimum rear yard setback shall be 30 feet for any structure or parking area.

No service station or public garage shall be located within 400 feet of any firehouse, school, playground, church, hospital, theater, public building or institution. No service station or public garage shall be located within 800 feet of any other service station or public garage. A minimum forty-foot setback with a minimum fifteen-foot-wide planted buffer within the setback shall be provided between any building on a lot utilized for a service station and any residential use or district.

All appliances, pits, storage areas and trash facilities other than gasoline filling pumps or air pumps shall be within a building except as approved by the Board as part of a site plan application. All lubrication, repair or similar activities shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.

No junked motor vehicle or part thereof shall be permitted on the premises of any service station or public garage. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building in a screened area to the rear of the service station for a period of time not to exceed 15 days, provided that the owners of said vehicles are awaiting their repair.

The maximum building coverage shall be 20%, and the maximum lot coverage shall be 65%. Landscaping shall be provided in the front yard area and shall be reasonably distributed throughout the entire front yard area.

The exterior display and parking of motor vehicles, trailers, boats or other similar equipment for sale shall not be permitted as part of a service station. There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application unless accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the principal building.

No gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless within the permanently enclosed building. All drainage, refuse, grease drippings, oily rags or other greasy or oily waste material shall be kept enclosed in metal containers approved by fire underwriters for disposal.

All fuel tanks shall be installed underground and shall be located at least 35 feet from any property line. Gasoline filling pumps and air pump islands shall be a minimum of 20 feet apart.

Parking spaces at service stations.

Any building or buildings to be erected for use as a service station or public garage, or in connection therewith, shall be of masonry construction exclusive of ornamentation and roof; it shall have a minimum area of 1,000 square feet.

Service stations shall provide one public rest room facility for male use and one public rest room facility for female use.

Food marts, where the resale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered fast-food convenience stores and are not permitted as part of a service station.

Service stations and public garages may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 50 square feet and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area.

Any part of the site subject to access by motor vehicles shall be hard-surfaced with concrete or bituminous concrete or asphalt and shall be graded and drained to adequately dispose of all surface water accumulated. Whenever the site abuts the side or rear line of a residence district, a solid masonry wall or a solid fence not less than four feet high shall be erected along said side or rear lot line up to but not beyond the setback line. The materials and location of such wall or fence shall be subject to the approval of the Planning Board, and said Board may also require buffers of foliage, screen fencing or other protective devices if necessary to protect surrounding properties from the effect of light or noise generated on the site.

In addition to the general site plan requirements, scaled maps accompanying the application for any service station or public garage shall clearly delineate the actual floor space and/or ground area to be devoted to or used for the purpose of motor vehicle storage, the location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station or public garage or any other public or other building in which the public gathers within 1,000 feet of the proposed building or use. The site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below ground, the number and location of pumps to be installed and the type and location of all principal and accessory structures to be constructed.

All of the other area, yard and general requirements of the respective zones and other applicable requirements of this chapter must be met.

The minimum lot size for a terminal providing for the storage and/or repair for more than 15 trucks shall be 20 acres; otherwise, the minimum lot size shall be five acres.

At least the first 50 feet adjacent to any lot line shall not be used for parking, loading or other uses and shall be planted and maintained in lawn area or ground cover and landscaped with evergreen shrubbery and trees.

A minimum one-hundred-foot setback with a minimum forty-foot-wide planted buffer within the setback shall be provided along any common property line with a residential district or use.

The activities on the site shall be adequately screened from view.

All lubrication, repair work, appliances and similar equipment and activities shall be within an enclosed building except as approved by the Board as part of a site plan application. No refrigerator motors, diesel engines or other such machinery shall be permitted to operate unless an operator is present at the vehicle.

All of the other area, yard and general requirement of the LM Zone and other applicable requirements of this chapter must be met.

Intensive land cover farms may be established in the Agricultural Retention (AR) Districts only as a conditional use after site plan review and approval by the Planning Board based on adherence to the standards of this subsection.

The applicant for an intensive land cover farm conditional use shall submit a site plan application indicating the purpose of the farming operation, the nature of temporary and permanent land cover structures or enclosures, the duration of the use of the structures, and the means of managing the runoff from the temporary or permanent structures or enclosures. The site plan should include sufficient detail, drainage calculations, and drawings to enable an engineering review of the stormwater management system to be conducted. The extent of the proposed structures or enclosures and lot impervious coverage shall be specified.

The Planning Board must find that the intensive land cover farm will manage the stormwater runoff in accordance with the stormwater management regulations of this chapter. All runoff from the limits of disturbance shall be controlled in both runoff quantity and quality. Filter strips shall be provided to control sheet drainage that is not collected by the stormwater management system.

The Planning Board must find that the operation will not increase the potential for the release of contaminants from the farm. In this regard, fuel tanks for heating of the enclosures and other potential sources of contaminants shall be designed for spill containment.

The Planning Board must find that the intensive land cover farm will be effectively buffered from adjacent farms and/or land development. All structures should be effectively screened from off-site view.

The Planning Board must find that any enclosure or structure, temporary or permanent, will not encroach on the setback requirements of the AR District.

"Wireless telecommunications facilities" are facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structures, telecommunications towers, and related facilities other than wireless telecommunications equipment facilities.

"Wireless telecommunications equipment facilities" are accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunication tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, driveways and parking areas, and security fencing.

As part of site plan review, each wireless telecommunications facility applicant must confirm to the Board's satisfaction that the proposed location does not result in an unacceptable degree of visual impact upon adjacent residential properties.

Each wireless telecommunications facility must include a tower of 150 feet in height with the capacity to be extended to 180 feet for additional collocation opportunities.

Each wireless telecommunications facility applicant must submit its five-year plan for service and/or additional wireless telecommunications facilities within the Township as a condition of any site plan approval.

Each wireless telecommunications facility owner/operator must register with the Township in January of each year by submitting a letter to the Township Clerk, copies to the Township Engineer, Board Secretary, and Zoning Officer, that confirms the names and addresses of all service providers using the site, the nature of their services, and the number of collocation opportunities remaining at the facility. The registration information will be used in connection with: 1) the Board's review of future wireless telecommunications facility development applications; 2) any Township planning and legislative efforts with respect to wireless telecommunications; and 3) enforcement of the conditions of this approval and other Township regulations. If the applicant fails to register the facility as required herein within 30 days following the Township's issuance of written notice of such failure, or if the facility is not used for the provision of wireless telecommunications service for any period of six months or more, then the facility will automatically be deemed abandoned (as of the 31st day following issuance of written notice of failure to register or, in the event of abandonment due to nonuse, as of the 181st day following the date of last use), whereupon all of the applicant's development approvals will automatically expire.

Each wireless telecommunications facility owner/operator must provide reasonable collocation opportunities at the facility for other wireless telecommunications providers.

All wireless telecommunications facility towers must remain unlighted. If other laws, such as, but not limited to, FAA regulations, require lighting at any wireless telecommunications facility, such facility will automatically be deemed prohibited.

If a wireless telecommunications facility is abandoned, deemed prohibited, or if its approvals expire for any reason, the applicant/owner must remove the facility completely from the property within six months following the date of abandonment, prohibition or expiration, and restore the property to its preexisting condition. Failure to remove the facility and restore the property as required herein will constitute zoning violation(s) for prohibited uses/structures that will subject the applicant/owner to fines and penalties as specified by ordinance.

No wireless telecommunications facility may be constructed within 2,000 feet of any other wireless telecommunications facility.

The individual commercial establishment or tenant is a component of a neighborhood shopping center that contains a diversity of physically attached commercial uses, including at least four additional individual commercial establishments or tenants on the first floor.

The proposed site layout will adequately accommodate the major commercial use without impacting site or pedestrian circulation, landscaping buffers, and natural resource protection areas.

The building facade and mass will be broken up by the architectural design and will conform to the TND standards.

The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use everywhere in the Township of Pilesgrove, regardless of zoning designation and regardless of specified uses and prohibited uses set forth elsewhere in this chapter, subject only to the restrictions for "intensive fowl or livestock farms" as defined and regulated by this chapter and subject to Township health and sanitary codes. The right to farm as it is used in this section includes the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, numerous farm laborers and the application of manure, chemical fertilizers and insecticides and herbicides, all for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. This right to farm shall also include the right to use land for grazing by animals, subject to the restrictions for intensive fowl or livestock farms as may be applicable.

The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular farming, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays, at night and in the day, and the noise, odors, dust and fumes that are caused by them also are specifically permitted as part of the exercise of this right. It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the benefits from farming to the neighborhood and community and to society in general by the preservation of open space, the beauty of the countryside and clean air and by the preservation and continuance of farming operations in Pilesgrove Township and in New Jersey as a source of agricultural products for this and future generations.

All vacant lots in the AR and/or RR Districts existing prior to January 1, 1994, between one and two acres in area, which conform to the requirements specified in this chapter for detached dwellings in the SR District shall be permitted to be developed with a single-family detached dwelling in accordance with the SR District requirements, provided that all other necessary permits and approvals for construction of a single-family detached dwelling are secured in the usual manner.

All detached single-family dwellings located in the AR and/or RR Districts on January 1, 1994, on lots between one acre and two acres in area shall meet the requirements specified in this chapter for detached single-family dwellings in the SR District.

A homeowner or nonprofit institution may hold a yard sale or tag sale on the premises twice in any calendar year upon obtaining a permit. The tag or yard sale shall not exceed two consecutive days. The permit fee for such a sale shall be $5, and the permit must be obtained from the Zoning Officer or other designated Township official.

The outside area to be utilized for the yard sale or tag sale shall not exceed 900 square feet in size and shall be located within the property lines, outside the right-of-way. No activity of the yard sale shall obstruct driveways or on-site vehicular circulation. The yard sale or tag sale shall be conducted by the homeowner or nonprofit institution upon whose lot the yard sale or tag sale is being conducted; there shall be no employees associated with such a sale.

A maximum of four temporary off-premises directional signs measuring not over six inches by 18 inches each for tag sales are permitted. A permit must be obtained from the Zoning Officer for the use of such signs. Signs must be removed by the permittee within three days after the event.

Agricultural retention clusters are permitted on tracts of land at least 100 acres in area within the AR District.

Age-restricted residential clusters are permitted on tracts of land at least 95 acres in area within the SR District where indicated on the Zoning Map.

Planned industrial developments are permitted on tracts of land at least 100 acres in area within the LM Districts.

The total gross acreage of the tract shall specifically be apportioned among the following two principal uses:

The detached single-family dwelling units shall be developed in accordance with § 145-16 of this chapter for detached single-family dwelling units in the SR District. Farms shall be in accordance with § 145-16 of this chapter for farms in the SR District.

Principal permitted uses on the land and in buildings shall be as follows:

Accessory uses permitted shall be as follows:

Maximum building height. No building shall exceed 35 feet in height and 2.5 stories except as allowed in § 145-40 of this chapter.

Maximum number of dwelling units permitted. The maximum number of dwelling units within an age-restricted residential cluster shall be computed on the basis of three dwelling units per gross acre of land. Patio homes shall account for between 50% and 75% of the total residential units in the development with the remaining residential units to be townhouses.

Area and yard requirements shall be as follows:

General requirements.

Minimum off-street parking.

Permitted signs.

Common open space requirements.

Recycling provisions.[2]

As used in this subsection, the following terms shall have the meanings indicated:

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator and shall be consistent with the district recycling plan adopted pursuant to Section 3 of P.L. 1987, c. 102, (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal Master Plan, adopted pursuant to Section 26 of P.L. 1987, c. 102.[3]

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near but clearly separated from a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

Purpose. The basic purpose of permitting planned industrial developments is to provide a method of developing land which creates a variety of employment generating uses in a comprehensively planned, designed and constructed campus-type environment and which conserves environmentally fragile lands, provides an optimum traffic circulation network and contains a comprehensive water management system.

Location and size. Planned industrial developments are permitted on tracts of land at least 100 acres in size where permitted by ordinance.

Principal permitted uses on the land and in buildings shall be as follows:

Accessory permitted uses shall be as follows:

Maximum building and structure height.

Area and yard requirements for building lots in a planned industrial development. The following requirements shall apply:

Maximum floor area ratio and lot coverage(s).

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

Minimum off-street loading.

Signs.

Specific requirements for child-care centers.

General requirements for planned industrial developments.

General landscaping provisions.

Easements in planned industrial developments. Unless specifically approved by the Planning Board, all utility easements shall be located within the utility easements' adjacent street rights-of-way or along the property lines of proposed lots.

Common open space.

Variances and waivers. The provisions included within Subsections E(2) through (12) of the section are zoning provisions, the departure from which shall require a variance in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law. The provisions included within Subsections E(13) through (15) of this section are considered to be subdivision design provisions, the exception from which shall require a waiver in accordance with N.J.S.A. 40:55D-51a of the Municipal Land Use Law.

Purpose: to encourage industrial development combined with large-scale renewable energy facilities which incorporate the best features of design which relate to the agricultural context of the community and to:

Location and size. Planned industrial renewable energy developments are permitted on tracts of land at least 100 acres in size where permitted by ordinance.

Principal permitted uses on the land and in buildings shall be as follows:

Accessory permitted uses shall be as follows:

Maximum building and structure height.

Area and yard requirements for building lots in a planned industrial renewable energy development:

Maximum development tract coverage(s).

Minimum off-street parking. Each individual use shall provide parking spaces according to the following minimum provisions:

Minimum off-street loading.

Signs.

Specific requirements for child-care centers.

General requirements for planned industrial developments.

General landscaping provisions.

Easements in planned industrial developments. Unless specifically approved by the Planning Board, all utility easements shall be located within the utility easements' adjacent street rights-of-way or along the property lines of proposed lots.

Common open space.

Variances and waivers. The provisions included within Subsections F(2) through (12) of the section are zoning provisions, the departure from which shall require a variance in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law. The provisions included within Subsections F(13) through (15) of this section are considered to be subdivision design provisions, the exception from which shall require a waiver in accordance with N.J.S.A. 40:55D-51a of the Municipal Land Use Law.

General land use plan. A general land use plan for the entire tract(s) that makes up the GDP property shall be prepared and shall include the following:

Circulation plan. The circulation plan for the residential cluster GDP shall describe the following:

Open space plan.

Environmental impact statement.

Stormwater management plan. The stormwater management plan shall describe the structural and nonstructural measures that will be employed to conform to the Township stormwater management plan. A stormwater management map shall be provided indicating the specific measures that will be utilized on the project site and describing the plan's conformance with the Township's policies and objectives. Emphasis should be placed on conformance with the stormwater detention, stormwater quality, and groundwater recharge criteria while maintaining the street design criteria that are most appropriate for residential development.

Housing plan. A housing plan shall be submitted indicating the affordable housing obligations that can be attributed to the proposed development and the applicant's approach to satisfying these obligations. The applicant shall either propose affordable housing or propose to pay a development fee that will satisfy the affordable housing obligation at another location. The housing plan shall compare the cost of any off-site affordable housing with the proposed development fee.

Timing schedule. The timing schedule shall describe the time needed to complete the project including any terms or conditions that are intended to protect the interests of the public and the residents who occupy any section of the planned development prior to the completion of the project in its entirety. The timing schedule shall include the term of the effect of GDP approval, the phasing of the project, and the anticipated construction time for each phase and for the entire project.

Development agreement. The applicant shall submit a proposed municipal development agreement that outlines the applicant's proposed terms and conditions of GDP approval. The Planning Board shall have the authority to modify the proposed terms and conditions as necessary to protect the public interest prior to approval of the GDP. A proposed municipal development agreement that is acceptable to the Planning Board shall be required as a condition of any resolution of GDP approval, subject to final review and approval by the Township Committee.

Modification; variation; amendment; completion; termination. Once approved, any modification of timing schedules, variation of physical features, amendments, completion of development sections, or termination of GDPs shall be subject to the requirements of N.J.S.A. 40:55D-45.4, -45.5, -45.6, -45.7 and -45.8, respectively.

Review standards. Prior to the adoption of GDP, the Planning Board shall determine that the GDP satisfies the following standards:

Application fee and initial escrow deposit. The application fee for a GDP residential cluster application shall be $500, and the initial review escrow deposit shall be $5,000.

Detached single-family homes.

Public parks, playgrounds, conservation areas, and public purpose uses.

Community buildings and neighborhood open space areas designed for the use of residents within the planned residential development.

Public utilities, in addition to the principal use and structure on a lot, as conditional uses under N.J.S.A. 40:55D-67. (See § 145-39H for standards.)

Temporary construction or sales trailers and temporary signs that are shown on the approved sales map pursuant to § 145-58B(6)(e). The temporary signage may advertise the prime contractor, subcontractor(s), architect, financing institution and similar data. The temporary construction trailers, sales trailers, and construction signage shall only be permitted for the time specified on the approved sales map.

Private residential swimming pools (see § 145-36), private tennis courts, and other usual recreational facilities customarily associated with residential dwelling units.

Off-street parking and private garages.

Fences and walls approved by the Planning Board in conformance with § 145-25 and the TND standards in § 145-41.3.

Signs. (See Subsection H hereinbelow and § 145-34.)

Tract size. The minimum tract size of any planned unit residential development within the PRD-1 and NC Zones shall be 80 acres. An applicant shall have at least 80 acres of contiguous or noncontiguous lands under their control to utilize this planned unit residential development option.

The area, yard, and other bulk requirements shall be as follows:

All bulk standards must be satisfied exclusive of lands within the Conservation Zoning District.

Yard intrusions. Design elements, as described below, may extend into the minimum required yard area, provided that in all cases the first floor and second floor design elements may intrude not more than three feet into the minimum required yard area, and provided, further, that the extensions will only be allowed when privacy walls, screening or fencing are incorporated as part of the overall design of the dwelling unit or where the subject yard area abuts land that is deed restricted against residential development along the entire length of the subject lot line. These yard intrusion standards will be reviewed initially as part of the Planning Board's review of the TND development, and thereafter, during zoning permit review by the Zoning Officer in consultation with the Township's professional planner and/or consulting architect.

Decks. Decks may be permitted, provided that such decks are located in rear yard areas only, are set back a minimum of five feet from all property lines, and do not occupy more than 25% of any rear yard area within which a deck is located. Decks shall be off the first floor of a dwelling unit and shall be no more than two feet higher than the mean elevation along the building foundation below measured to the top of the deck platform. Decks will only be allowed when privacy walls, screening, or fencing are incorporated as part of the overall design of the dwelling unit or where the subject yard area abuts land that is deed restricted against residential development. These deck standards will be reviewed initially as part of the Planning Board's review of the TND development, and thereafter, during zoning permit review by the Zoning Officer in consultation with the Township's professional planner and/or consulting architect.

The PRD-1 overlay zoning shall only apply to land developments that have been included within proposed public water and sewer franchise areas. Preliminary site plan or subdivision approval for such land developments shall be conditioned upon inclusion of the franchise area and related facilities within the Lower Delaware Water Quality Management Plan and the modification of the State Development and Redevelopment Plan to allow for the development of planned infrastructure. Final site plan or subdivision approval shall be conditioned upon the issuance of all the permits and approvals necessary to construct, own, and operate the water and sewer infrastructure for the franchise area.

All principal and accessory structures within the planned residential development shall be designed in strict accordance with the traditional neighborhood development standards specified in § 145-41.3.

All dwelling units shall be connected to approved functioning water and sanitary sewer systems prior to the issuance of a certificate of occupancy.

All utility pipes, wires and other conduits shall be installed underground.

All portions of the tract not utilized by buildings or paved surfaces shall be landscaped, utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees to lessen the visual impact of the structures and paved area.

Architectural elevations shall be submitted to the Board for review and approval during review of the development application, and also with the zoning and building permit application for each building and structure, to confirm that all TND requirements in § 145-41.3 have been satisfied.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner.

Detached single-family homes shall provide two parking spaces per unit, including garages and drives leading to the garage space. Turnaround areas shall be provided on each lot to enable vehicles to exit the driveways facing traffic, except for attached front-loaded garages.

See § 145-30 for additional standards.

Dwelling units shall be permitted information and direction signs pursuant to § 145-34A(5).

A planned unit residential development may have one externally illuminated double-sided entrance sign along each collector road which the tract in question abuts, provided that there exists at least 200 feet of unbroken frontage. Such signs shall not exceed 10 feet in height, shall be set back from the street right-of-way and driveways at least 20 feet and from any property line at least 25 feet. Such signs shall be within 50 feet of the entrance to the development except when such location would conflict with a sight triangle easement established by a governmental body having jurisdiction, in which case such signs shall be located just beyond the limits of such sight triangle easement. Such signs shall have display areas not exceeding 25 square feet per side, and shall be used to display the development's name. Such signs are not permitted in developments having less than 200 feet of unbroken frontage along any collector road.

See § 145-34 for additional standards.

A minimum of 50% of the total tract of land shall be specifically set aside for conservation, open space, and recreational purposes. Lands utilized for street rights-of-way shall not be included as part of the minimum required open space. This open space standard shall be satisfied exclusive of lands within the Conservation Zoning District (wetlands).

The required open space shall be appropriately landscaped and provide for adequate ancillary recreational facilities as deemed desirable during site plan review. A minimum distance of 30 feet between any active recreation facility and any property line or residential building shall be provided. The owners of the dwelling units shall have the right to access and use all common open space within the development subject to homeowners' association requirements.

The neighborhood open space shall include facilities necessary to meet recreational needs such as tot lots, gazebos, informal play fields, and play equipment. The neighborhood open space shall not be used for competitive athletic fields.

The developer shall provide for and establish a locally constituted homeowners' association for the ownership and maintenance of the common open space stormwater management facilities, and any other improvements not accepted by the Township of an individual lot. Homeowners' associations or other open space organizations shall be governed by the provisions of § 145-43 of this chapter.

See § 145-42 and 145-43 of this chapter for additional provisions.

Streetscape uniformity, design principle. The proposed development shall create a streetscape that is consistent with the character of traditional neighborhoods by the proper use of lighting fixtures, trees, sidewalks, building facades, fences, and materials.

Architectural diversity, design principle. The design of the principal dwelling unit shall reflect the traditional architecture of Salem County with particular emphasis on Colonial, Federal, and Greek Revival architectural styles as exemplified by the following principles:

Garages, design principle. Garages shall be designed as accessory structures to emphasize the prominence of the main residential structures.

Residential architecture, design principle. The design of the principal dwelling unit shall reflect the traditional architecture of Salem County with particular emphasis on Colonial, Federal, and Greek Revival architectural styles as exemplified by the following principles:

Commercial/civic/institutional architecture, design principle. The design of the commercial and nonresidential structures shall reflect the traditional commercial architecture of Salem County with particular emphasis on Colonial, Federal, and Greek Revival architectural styles as exemplified by the following principles:

Curbing. Belgian block curbing shall be provided along all residential streets. Curbing shall be installed in accordance with RSIS standards.

Streetlighting.

Landscaping. The developer shall provide for the effective buffering of all adjacent private lands and the landscaping of all common open space areas in accordance with the following:

Pedestrian network. Each TND community must include an integrated pedestrian network consisting of sidewalks, improved pedestrian paths, and unimproved trails to link all residential, commercial, open space, and conservation areas within the property. The network shall include, but not be limited to, concrete sidewalks along the residential streets and commercial parking areas; paved pedestrian paths within passive open space areas; well-marked pedestrian crossings, including designated road crossings when a development straddles an existing municipal, county or state road; and unimproved trails or boardwalks within regulated wetland and wetland buffer areas.

Driveways. Driveways from single-family residential properties which intersect streets shall be no wider than 12 feet at the property line, but may expand to match the width of the garage doors within 30 feet of driveway length directly in front of the garage. All driveways shall be a minimum of three feet from the property line.

Architectural review. The developer shall submit the proposed basic house designs and commercial building elevations to the Township Planning Board for review during the development review process. The Planning Board, in consultation with its planning or architectural consultant, shall determine whether the architectural and streetscape designs conform to these TND standards prior to the issuance of final development plan approval. If any differences are noted, the developer shall be required to modify the architectural or streetscape design plans. House and building designs shall also be reviewed by the Township's planning or architectural consultant as part of each zoning and building permit application to confirm conformance with such previous approvals and other applicable TND requirements. The architectural consultant will also, as part of each zoning and building permit application, review any deviations from the previous approvals to confirm that the proposed deviations comply with all TND requirements.

Waivers. During the development review process, the Planning Board may grant waivers from these design standards on the basis of architectural merit, site conditions, and/or other extenuating or unusual circumstances in accordance with the following:

Visual obtrusions. The following visual obtrusions shall not be located in the front yard or side yard of any residential structures: clothes-drying apparatus, ground-supported solar panels, antennas, satellite dishes, garbage cans, bird baths or statuary, permanent grills, in-ground swimming pools, rock gardens and vegetable gardens, recreation and play equipment, doghouses and dog runs, and hot tubs/spas.

Flagpoles less than six feet long may be mounted at an angle to porch columns or posts and building walls. Freestanding flagpoles are only permitted on common open space with the approval of the homeowners' association.

Offices and office buildings;

Research and development centers;

Limited manufacturing operations that fully conform to the performance standards in § 145-31 of this chapter;

Distribution centers and warehousing;

Industrial uses that process or utilize agricultural products;

Planned industrial developments in accordance with the approved general development plan and the provisions specified in § 145-41 of this chapter.

Land development intensity options.

Application of regulations. The open space, floor area ratio, and maximum impervious coverage standards listed under Options 2, 3, and 4 are to be achieved for the entire area encompassed by the General Development Plan. If Option 1 is selected, the land intensity standards are to be achieved for each development parcel within the area encompassed by the general development plan.

The concept site plan prepared for the land use plan shall conform to the selected development intensity option.

General land use plan. A general land use plan for the entire general development plan area shall be prepared and shall include the following:

Circulation plan. The circulation plan for the planned industrial development in the GDP application shall describe the following:

Open space plan. The open space plan shall describe the open space and preserved farmland that will result from the implementation of the GDP. The open space plan shall be accompanied by a narrative explaining the basis of the lands set aside for open space, the intended purpose of those areas, and the proposed management agencies. Management policy recommendations or restrictions shall also be described. In particular, the applicant shall describe the following:

Environmental impact statement. The applicant shall submit an environmental impact statement that conforms to the EIS requirements of this chapter. The applicant shall describe how the proposed planned industrial development will reduce the impact on the environment compared to conventional industrial land development. The applicant shall also describe the buffers and mitigative measures that will be employed under the planned industrial development compared to the requirements under conventional development. The specific objectives of the GDP EIS are as follows:

Stormwater management plan. The stormwater management plan shall describe the structural and nonstructural measures that will be employed to conform to the Township stormwater management plan. A stormwater management map shall be provided indicating the specific measures that will be utilized on the project site and describing the plan's conformance with the Township's policies and objectives. Emphasis should be placed on conformance with the stormwater detention, stormwater quality, and groundwater recharge criteria while maintaining the street design criteria that are most appropriate for the planned industrial development.

Housing plan. A housing plan shall be submitted indicating the affordable housing obligations that can be attributed to the proposed development and the applicant's approach to satisfying these obligations. The applicant shall propose to pay a development fee that will satisfy the affordable housing obligation at another location. The housing plan shall compare the cost of developing off-site affordable housing with the proposed development fee.

Utilities plan. A utilities plan shall be submitted indicating the proposed means of providing adequate potable and process water and wastewater collection and treatment. The source and design parameters of the water supply and wastewater systems shall be defined. The applicant shall demonstrate that the water supply will be adequate for fire-fighting purposes based on storage volume and pressure. The type, capacity, and process technology of the proposed wastewater treatment system shall also be indicated. The proposed phasing of the utility system shall also be described.

Timing schedule. The timing schedule shall describe the time needed to complete the project, including any terms or conditions that are intended to protect the interests of the public. The timing schedule shall include the term of the effect of GDP approval, the phasing of the project, and the anticipated construction time for each phase and for the entire project.

Development agreement. The applicant shall submit a proposed municipal development agreement that outlines the applicant's proposed terms and conditions of GDP approval. The Planning Board shall have the authority to modify the proposed terms and conditions as necessary to protect the public interest prior to approval of the GDP, subject to Township review and approval. A proposed municipal development agreement that is acceptable to the Planning Board and the Township shall be required as a condition of any resolution of GDP approval, subject to final review and approval by the Township Committee prior to signature by the parties.

The proposed intensity of development of planned industrial development conforms to the selected land intensity option, and has otherwise been determined to be appropriate for the tract.

The proposed planned industrial development respects and conforms to the environmental constraints and limitations of the project site.

The planned industrial development results in the preservation of at least 100 acres of open space or preserved farmland. At a minimum, the preserved farmland resulting from the GDP must consist of a minimum of 50 contiguous acres of productive farmland and/or a minimum of 10% of the gross acreage included in the GDP. The preserved farmland must be economically viable based on size, configuration, soils and other factors. The open space shall be configured to create greenways throughout the project connected to off-site natural features.

The planned industrial development must be designed to mitigate the impact of the industrial development on the rural landscape and on adjacent agricultural production activities by applying the agricultural buffer requirements of this chapter and other appropriate methods.

The planned industrial development must be designed in full accordance with the Township's planning and design objectives as set forth in this chapter and the Township Master Plan with regard to site improvements. Specifically, the design principles for the streets, sidewalks, landscaping, lighting, open space, stormwater management facilities, and other site improvements must conform to Township planning principles, standards, and objectives.

The proposed development must satisfy the affordable housing obligations of the project through the payment of development fees. The revenue from the development fees must exceed the Township's affordable housing obligation from the project at all times.

Although not required for non-planned unit developments, a recreation area may be dedicated and improved by a developer for a project that is not a planned unit development.

All land and recreation areas may be cleared as required, graded for proper drainage, leveled, topsoiled, limed, fertilized and seeded with athletic field and general purpose mixture in accordance with specifications contained in Lofts, Inc., Guide Seed and Sod in United States and Canada, current edition, and ideally be suitable for playing playground games, such as touch football and softball, on an informal basis. The recreation area shall meet all design standards as set forth in this chapter.

The recreation area should not include any wetlands, wetlands transition areas of any kind, streets, drives or space occupied for off-street parking or loading purposes for other facilities. The recreation area shall be contained within the subdivision and entirely within Pilesgrove Township and readily accessible to all lots intended for residential development.

The development may provide for a homeowners' association in accordance with § 145-43 of this chapter for the ownership and maintenance of the recreation area for the benefits of owners or residents of the subdivision, unless the Township accepts dedication of the recreation area pursuant to Subsection B hereinbelow.

In the designation of the open space and the uses proposed thereon, the developer shall be guided by the following:

The Planning Board shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area and the ability, desirability and practicality of relating the proposed open space to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

Should the proposed development consist of a number of development stages, the developer may propose that open space acreage be proportionate in size to the development stage being considered for final approval for that particular development stage, even though these lands may be located in a different section of the overall development.

Open space may be offered by deed to the Township or dedicated as common open space to a homeowners' association or other open space organization.

(Reserved)[1]

Conservation of open land in its natural state.

Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, associated buildings, excluding residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial livestock operations involving swine, poultry, mink, and other animals likely to produce highly offensive odors.

Pastureland, stables, and equestrian facilities for horses, including outdoor tracks, provided that the equestrian or stable facilities do not attract more than 50 cars in one day, are permitted.

Forestry, in keeping with established best management practices for selective harvesting and sustained yield forestry in accordance with a forestry management plan.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, paint ball operations, and other more intensive uses similar in character and potential impact, as determined by the Board.

Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.

Golf courses, including their parking areas and associated structures, may comprise up to half of the minimum required open space within the RR and SR Districts, excluding driving ranges or miniature golf.

Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space.

Easements for drainage, access, sewer or water lines, or other public purposes.

Underground utility rights-of-way and aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required conservation design open space.

Conservation design open space shall be laid out in general accordance with the Township's Conservation. Recreation, Open Space and Farmland Preservation Plan Elements to ensure that contiguous agricultural districts and an interconnected network of open space will be provided. The required open space land will consist of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs). SCAs include special features of the property that would ordinarily be overlooked or ignored during the design process. To the extent feasible and appropriate, the conservation design open space should be contiguous and undivided.

Pursuant to this Subsection E, the open space may be owned and maintained by a homeowners' association, a land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse or farm) with deed restrictions. These ownership options may be combined so that different parts of the open space land may be owned by different entities.

Buffers for adjacent public parkland. Where the proposed development adjoins public parkland, a natural greenway buffer of at least 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or under story growth be permitted (except as may be necessary for street or trail construction). Where this buffer is not currently wooded, the Board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive alien plant and tree species.

No portion of any building lot may be used for meeting the minimum required conservation design open space. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required conservation design open space.

Pedestrian and maintenance access, excluding those lands used for agricultural or horticultural purposes, shall be provided to common open space land in accordance with the following requirements:

Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the conservation design open space or common facilities, provided that:

Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with relevant state law. All open land and common facilities shall be held as common element.

Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes and in accordance with § 145-43, Homeowners' association and other open space organizations.

Private conservation organization or to the county. With the permission of the Planning Board and Township Committee, an owner may transfer either fee simple title of the conservation design open space or easements on the open space to a private nonprofit conservation organization or to the county, provided that:

Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:

Noncommon private ownership. Up to 100% of the required conservation design open space may be included within one or more large "conservancy lots" of at least 10 acres, provided the open space is permanently restricted from future development through a conservation easement, and that the Township is given the ability to enforce these restrictions. Farmland would typically be preserved in this manner. The land could still be sold for agricultural purposes but would have a deed restriction preventing any other land use.

Unless otherwise agreed to by the Board, the cost and responsibility of maintaining common facilities and open space land shall be borne by the property owners, condominium association, homeowners' association, or conservation organization.

The applicant shall, at the time of preliminary plan submission, provide a plan for maintenance of open space lands and the operation of common facilities in accordance with the following requirements:

In the event that the organization established to maintain the conservation design open space and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof, in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended. The Township may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who make up a condominium or homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township with the County Clerk.

If all of the conservation design open space is to remain in private ownership and is to continue to be farmed, no maintenance plan is required. However, the deed restriction will establish the agricultural practices that are to be followed.

The critical areas within Pilesgrove Township include freshwater wetlands, special flood hazard areas, and streams. The approximate location of freshwater wetlands is indicated on freshwater wetlands mapping available from the New Jersey Department of Environmental Protection (NJDEP), Bureau of Geographic Information Systems (GIS). Special flood hazard areas are shown on Flood Insurance Rate Maps (FIRM) prepared by the Federal Emergency Management Agency (FEMA).

Regarding floodplain areas, it is recognized that more floodplain areas may exist in the Township than those mapped. Any mapping of the flood hazard areas by the Department of Environmental Protection shall take precedence.

Additionally, while information depicted on the map has been prepared as accurately as possible, nevertheless it must be understood that detailed information mapped at such a large scale may not represent the actual conditions on any particular parcel of land. Therefore, the information is not intended to take the place of specific on-site engineering data presented to and subjected to independent verification by the Township at the time applications are submitted for approval of a subdivision, site plan, construction permit and/or any other application which considers construction permits and/or any other application which considers the critical areas categories of information depicted on the map.

Finally, while not included as a critical areas environmental factor per se, hydric soils have been mapped as part of the Land Use Plan portion of the Pilesgrove Township Master Plan and are subject to regulations in this chapter and any state and/or federal laws which may supersede them.

Protect floodplains and stream corridors so that floodwater may have a natural course to follow and so that the watercourse is not constricted or altered in a manner that will increase water velocities or create a dam.

Allow water levels to rise without danger to persons, animals or property and cover larger land surfaces for the purposes of greater water percolation and recharge of the underground water supply.

Promote the development of a parklike network throughout Pilesgrove Township along stream corridors as indicated on the Zoning Map.

Permit only that development of flood-prone areas and stream corridors within Pilesgrove Township which:

Prohibit any other types of development, including, without limitation, the dumping of solid or hazardous waste, the construction of subsurface sewage disposal systems, the storage of any petroleum products, the addition or removal of fill and the altering of watercourses, temporary roadways and grading and to retain areas adjacent to streams free from structures and other obstructions.

Protect property from the adverse effects of flooding, erosion, loss of vegetation, seepage and downstream deposits of silt, gravel and stone and to prevent burdensome costs to the public arising from such damage and its repair.

Protect other municipalities within the same watersheds from improper stream corridor development and the increased potential for flooding or for reduced stream flows in dry weather.

Prevent disturbance to the ecological balance between wildlife, plant and marine life, which are dependent upon watercourses, and their protective floodplains and slopes.

This section regulates development in the following two ways:

Except in limited cases, the stream corridor requirements of Subsection B do not permit structures within the stream corridor as defined in Subsection D hereinbelow, which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in Subsection F apply only in those limited cases where structures or substantial improvements to structures are permitted.

All proposals for any development within a floodplain or stream corridor area shall require site plan approval by the Planning Board in accordance with Article VIII of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but instead includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Board Engineer, the proposed work is of such a minor nature that Planning Board review is not required, the need for site plan approval by the Planning Board may be waived by the Board. In any case, all other requirements of this section shall apply, and before the work actually begins, the Township Engineer shall have issued, in writing, his approval to proceed with the work.

Review of proposal.

Fees shall be provided for site plans in § 145-60A of this chapter, and public notice of public hearings shall be given as stipulated for site plans in § 145-51D of this chapter.

In addition to the applicable information required for preliminary site plan approval stipulated in § 145-57 of this chapter, the following additional information shall be provided:

The applicant should be prepared to present evidence that the proposal:

Where required by the Planning Board, the applicant shall furnish information relating to subsurface conditions based on percolation tests and soil borings or probes. Test borings or probes shall be performed by a licensed professional engineer and shall be in accordance with acceptable engineering standards and practices. Written notification of the intention to conduct such tests shall be forwarded to and received by the Board Engineer at least two working days prior to testing. A detailed report of the test shall be submitted to the Planning Board and the Board Engineer for review.

When base flood elevation data has not been provided by the Township, its agents, servants and employees shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source to administer this chapter.

The reasons the use cannot be located totally outside the stream corridor area.

Prohibited uses. No person shall hereafter engage in, cause or permit other persons to engage in prohibited uses in the floodway, flood-fringe, floodplain and stream corridor areas. All uses not specifically permitted by Subsection F(2) and (3) hereinbelow shall be prohibited.

Permitted uses in floodways. The following uses shall be permitted in floodways, provided that the requirements of Subsections F(2)(e) and G of this section are satisfied, and provided that the uses do not conflict with New Jersey Department of Environmental Protection Flood Hazard Area Regulations:

Permitted uses in the stream corridor areas. Except for within the floodway, the following uses shall be permitted in stream corridor areas:

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

All new and replacement sanitary sewerage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharged from the system into the floodwaters.

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not limited to the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage.

All subdivision proposals and other proposed new development shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.

For all new construction and substantial improvements, the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding.

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

Appropriate and adequate controls on operations, sureties, deed restrictions and maintenance bonds shall be provided.

The construction of stormwater detention and/or retention facilities, channel modifications, dikes, levees and other protective measures shall be required.

The installation of an adequate flood-warning system shall be required.

The postponement of development until such a time as any necessary and required preconstruction protective measures are installed or implemented shall be required.

New construction or substantial improvement of any residential structure shall have the lowest habitable floor, including a cellar or basement, elevated to one foot above the flood hazard area design flood elevation.

New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive. Require within any AO or AH Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, either a) elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive, and b) require within any AO or AH Zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot above the highest adjacent grade (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or a) be floodproofed so that below the base flood level plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water; b) have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and c) be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the Planning Board. Any or all of the following floodproofing measures may be required:

Where and when permitted, fill shall be no lower than one foot above the flood hazard area design flood elevation and shall extend at such height for a distance of at least 15 feet beyond the limits of any structure erected thereon.

Where and when permitted, structures on fill shall be so built that the lowest floor is at a minimum of one foot above the flood hazard design elevation.

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the finished floor elevation of the lowest floor is at or above the base flood elevation.

All necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Adequate maintenance shall be provided within any altered or relocated portion of a watercourse so that the flood-carrying capacity is not diminished.

The Planning Board/Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Construction Code Official in the enforcement or administration of this section.

Those aggrieved by the decision of the Planning Board/Zoning Board of Adjustment, or any taxpayer, may appeal such decision to the New Jersey Superior Court, as provided in N.J.S.A. 40:55-1 et seq.[2]

In passing upon such applications, the Planning Board/Zoning Board of Adjustment, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:

Upon consideration of the factors of Subsection H(3) and the purposes of this section, the Planning Board/Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The Construction Code Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in Subsection H(3)(a) through (k) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Official designated to make flood hazard searches. The Township Committee shall, annually, designate an official of the Township to make and prepare flood hazard area searches. Such official shall thereafter be vested with the power to make certificates with respect to flood hazard areas on behalf of the Township.

Issuance of certificates. The official appointed to make such searches shall issue certificates within a reasonable time after receipt of the following:

Fees for certificates. The following fees shall be received prior to the issuance of any certificate: