Shamong City Zoning Code
ARTICLE VII
Design Standards
§ 110-76 General design standards.
A.
The design of all land developments submitted to the Township of Shamong Planning Board shall conform to the proposals and standards of the adopted Township Zoning Ordinance or the Official Township Map and the standards, requirements and specifications of this chapter.
B.
Minimum requirements. The provisions of this chapter shall be held to be minimum requirements. When this chapter imposes a greater restriction than other provisions of law, the provisions of this chapter shall control.
C.
District boundaries. District boundary lines are intended to follow street center lines, streams and lot or property lines unless otherwise indicated by dimensions on zoning development maps. Any dimensions shown shall be in feet, measured horizontally and measured from the street right-of-way lines even if the center line of that street serves as a district line. The location of any disputed zoning district line shall be determined by the Board of Adjustment. District lines extend vertically in both directions from ground level. Where a street or public way serves as a zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.
D.
Prohibited uses. All uses not expressly permitted in this chapter shall be prohibited. Prohibited uses are further governed under § 110-119 of this Code.
[Amended 5-6-2014 by Ord. No. 2014-2]
E.
No structure shall be constructed on any site at a location which prevents or denies free access for emergency equipment.
F.
When "tables" are referred to in this article, those tables are to be found in the Burlington County Land Development Review Resolution.
§ 110-77 Specifications for roads, sidewalks and curbs.
A.
Right-of-way radii. At intersections where either road or both roads are within the Township road system, the radii of the right-of-way lines shall be a minimum of 25 feet radius normal to the intersecting right-of-way lines.
B.
Angle at intersections. Streets or roads connecting with any road in the Township road system shall be at right angles wherever possible, and intersections of less than 60º (measured at the center line of streets) shall not be permitted.
C.
Alignments. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Streets which connect with the Township road system from opposite sides of a Township road will not be offset, except where conditions otherwise prevent such alignment. If conditions require the streets to be offset, they shall be separated by at least 125 feet between their curblines.
D.
Grading. The minimum practical grades shall be maintained on streets connecting with Township roads on the approaches to the intersection.
E.
Curb radii. At intersections with the Township road, the minimum curb radii shall be 25 feet. Radii beyond this minimum may be recommended by the Township Engineer.
F.
Sidewalk area. The Shamong Township Planning Board may require the installation of sidewalks or landscaping and uniform grading as a condition of land development approval under this chapter.
G.
Concrete sidewalk specifications. Sidewalks shall be constructed with Class C, air-entrained, portland cement concrete.
H.
Specifications. Class C, 1:2:4: mix. The concrete proportion shall consist of one pert portland cement, two parts sand, and four parts crushed stone or washed gravel and constructed to a thickness of not less than four inches. Where the sidewalk crosses over a driveway, it shall be six inches.
I.
Alignment and grade. Alignment and grade are to be determined by the established or existing grade in the area and, if need be, approved by the Burlington County Engineer.
J.
Transverse expansion joints. Transverse expansion joints, 1/2 inch wide, shall be provided at intervals of not more than 20 feet and filled with prefabricated bituminous cellular-type joint filler.
K.
Longitudinal joints. Longitudinal joints, 1/4 inch wide, shall be provided between curbs and abutting sidewalks and shall be filled with premolded bituminous-type joint filler.
L.
Transverse surface grooves. Transverse surface grooves shall be cut in the sidewalk between expansion joints at intervals equal to the sidewalk width.
M.
Slope. The standard slope of a sidewalk or sidewalk area shall be 1/4 inch per foot rising from the top of the curb.
N.
Type of finish. The finish shall be made with a wood float, followed by brushing with a wet soft-hair brush to a neat and workmanlike surface. All edges shall be neatly rounded to 1/4 inch.
O.
Width. The minimum width of a sidewalk shall be four feet. In nonurban areas, the sidewalk shall be separated from the curbline by a four-foot minimum grass strip and, desirably, eight feet.
§ 110-78 Specifications for drainage.
A.
Each land development submitted to the Township of Shamong Planning Board shall be reviewed by the Township Engineer to establish requirements to prevent an adverse drainage condition relating to a Township road or drainage facility, and to assure adequate design to minimize future maintenance and flooding damage.
B.
It shall be the object of this review to prevent the inundation, silting, erosion, and undermining of the Township roads and facilities, as well as to determine the deleterious effect on the area and to minimize maintenance for the Township. In cooperation with the New Jersey Department of Environmental Protection Bureau of Water Control and the Pinelands Commission, review includes consideration of stream encroachment, floodplain protection and wetlands protection.
C.
Storm drainage facilities required to accommodate additional storm drainage resulting from the proposed new street construction, access driveways or other construction and directed onto the Township road shall be provided for by the owner without cost to the Township. This may involve reconstruction of existing storm drainage facilities or the construction of new facilities on and/or off the Township right-of-way.
D.
All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. The requirements of this subsection shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the subdivision boundaries and passes through the subdivision calculated on the basis of maximum potential development as permitted under the provisions of the Zoning Ordinance. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage on other lands without proper and approved provisions being made for taking care of these conditions.
E.
For both major and minor subdivisions, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools.
F.
For both major and minor subdivisions, land subject to periodic or occasional flooding shall not be plotted for residential occupancy nor for any other purpose which may endanger life or property or aggravate the flood hazard. Such land within a lot shall be considered for open spaces, yards or other similar uses.
G.
Where a minor or major subdivision is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the lines of such watercourses, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Township and, in addition thereto, a minimum of 15 feet beyond the bank top on at least one side for access to the drainage right-of-way and, in any event, meeting any minimum widths and locations shown on the adopted Official Map and Master Plan. Such easement dedication shall be expressed on the plat as follows: "Drainage and Utility Right-of-Way Easement Granted to the Township of Shamong."
§ 110-79 Basic drainage criteria.
A.
The land developer shall provide for the protection and/or improvement of road and drainage facilities in accordance with the design standards specified in this chapter.
B.
Shamong Township has adopted design criteria intended to conform with the laws of New Jersey, the Pinelands Comprehensive Management Plan, local ordinance, and good drainage practice. It is not the intent to restrict engineers as to method of drainage calculations. The purpose of the criteria is to set appropriate standards. The objective of these standards is to review drainage in the following categories:
C.
The four categories have different objectives, and, therefore, the criteria are not the same. The basic references are as follows:
[Amended 4-3-1990 by Ord. No. 1990-1]
Category | Objectives | Criteria Reference | |
|---|---|---|---|
Watersheds | Flood control | N.J. Special Report 38 | |
Land developments (site plan and subdivision) | Adequate drainage | Burlington County and § 110-32B(5) of this chapter | |
Roadway storm drainage | Roadway drainage (only) | N.J. Department of Transportation, Burlington County Standards and § 110-32 B(5) of this chapter | |
Erosion and sediment control | Soil erosion control | Standards for Soil Erosion and Sediment Control in New Jersey |
§ 110-80 Watershed drainage criteria.
A.
Construction and encroachments in flowing streams shall be designed using major watershed criteria whenever the drainage area is 1/2 square mile or larger. For watersheds of the size of 1/2 square mile up to one square mile, the Rational Method may be used. For watersheds in excess of one square mile, Special Report No. 38 shall be used for the purpose of computing design discharge.
B.
The State of New Jersey Division of Water Resources sets the standards for storm discharge from drainage areas where an encroachment upon a stream is involved. It is the intent of the standards set forth in this chapter to conform to the State of New Jersey standards. In general, the state's criterion is a one-hundred-year flood frequency.
§ 110-81 Land development drainage criteria.
A.
Computer methods and Soil Conservation Service method are acceptable, as long as the calculations meet the criteria and standards set forth herein.
[Amended 4-3-1990 by Ord. No. 1990-1]
B.
Information in the tables of the Burlington County Land Development Review Resolution are intended to give guidance to the designer. Runoff coefficients, rainfall intensity factors, friction factors and soil factors will be checked and will be reviewed for pertinence to the projects. Table 15 (Design Storm Frequencies) will apply unless a specific exception is involved.
C.
Detention basins and floodplain storage. In order to minimize peak downstream flows resulting from intensified upstream development, this criterion sets standards with the following objectives:
(1)
To prevent any reduction in the volume of floodplain storage along existing waterways.
(2)
To provide detention basins with outlet flow control and/or additional floodplain storage as necessary to prevent peak rates of outflow after development of a tract from exceeding the peak rates prior to said development.
(3)
In any case where an existing waterway traverses a tract of land to be developed, the volume of floodwater stored in the waterway and the related floodplain between the normal low water elevation and the flood elevation, as determined by the design storm frequency in Table 15 of the Land Development Review Board, shall be no less after development than prior to development unless a proper plan of flood flow storage and/or discharge is presented and approved by the County Engineer.
(4)
Where possible, the maintenance of the floodplain storage volume shall be accomplished by leaving the floodplain area undisturbed.
(5)
Where it is necessary to disturb the floodplain area in any way that reduces the volume of the floodwater stored therein, additional floodplain storage volume shall be provided elsewhere along the stream as necessary to compensate fully for such reduction subject to approval by the New Jersey Department of Environmental Protection.
(6)
In any case where the development of the property will increase peak runoff rates or the volume of runoff, detention basins, infiltration basins and/or additional floodplain storage shall be provided as necessary to offset such increases.
(7)
Where peak flow reduction is to be accomplished by provision of a detention basin, the peak rate of outflow permitted would be that occurring prior to development, using the predevelopment time of concentration, or a time of concentration of 60 minutes, provided that the volume of outflow shall not exceed a fifty-year, twenty-four-hour, predevelopment volume.
(8)
The rates and volumes of inflow shall be based on Technical Release No. 55, and the duration of storm used to determine such rates and volumes shall be 24 hours or that which will require maximum storage. In general, the duration of the critical storm will be appreciably greater than the time of concentration of flow into the basin.
(9)
A suitable method of flood routing shall be used to demonstrate that the storage being provided is adequate. Where additional floodplain storage is to be provided in order to offset the increase in peak runoff caused by development, a suitable flood routing process should also be used. Routing should be based upon inlet structure, or the downstream flow characteristics of the channel, whichever controls the characteristics of the storage to be provided, and inflows from inflow hydrograph as determined in Subsection C(8) above, for detention basins and/or storage areas. In general, storage shall be provided so that it commences flow before the outflow rate exceeds 25% of the peak outflow rate permitted from the start of the outflow to the time when the peak rate is reached. Average outflow rate should be designed not to exceed 2/3 of the peak outflow rate in the undeveloped state. This criterion shall be applied to all land development occurring in the Township.
(10)
Approaches other than those suggested may be used, provided they can be clearly shown to accomplish the purpose and standards set forth in this chapter.
[Amended 4-3-1990 by Ord. No. 1990-1]
(11)
The benefits of artificial detention basins must be weighed together with other accepted devices to minimize downstream flooding resulting from increased upstream development. The criteria set forth in the section above and the following standards are intended to guide land developers.
(12)
Basins shall be designed with adequate freeboard and provisions for overflow. The recommendations of the Soil and Sediment Control Manual and proper soil investigation and analysis shall be the minimum specification for earthwork.
(13)
Design of detention basins and maintenance responsibility shall be fully considered and shall be given critical case-by-case review to avoid objectionable and/or unsightly appearance.
(14)
Design storm frequency shall not be less than a fifty-year storm or that shown in Table 15 of the Burlington County Land Development Review Resolution, whichever is greater, for the applicable condition and size of area.
[Amended 4-3-1990 by Ord. No. 1990-1]
(15)
Upon recommendation of the Township Engineer that an in-depth routing analysis of the effects of a detention basin is required, the Planning Board may require that such an analysis be made. The Engineer is not restricted as to method, but shall furnish computations and analysis. Preliminary design may be used in lieu of detailed computations but detailed data will be requested before final approval of a project is given.
(16)
In use of the Rational Method, time of concentration used in calculating "I" shall not be less than TC = 60 minutes for basin discharge. Recommended coefficient of runoff values ("c") are shown in Table 16. This does not apply to storm sewer design in which TC will often be less than 30 minutes.
(17)
Compensating storage may be of many different types or combinations, such as, but not limited to, the following: paved, unpaved, marsh, or wooded areas, building roofs and parking lots.
§ 110-82 Open channels.
A.
Channels for the conducting of storm flows shall provide for design storm frequency as shown on Table 15 of the Land Development Review Resolution of the Burlington County Planning Board.
B.
Open channels shall be designed to provide stable soil side slopes. See Table 17 and 18 for maximum velocity and soil texture.
D.
The Manning Formula may be used in designing open channels. Recommended roughness coefficients ("n") for concrete-lined channels are .015 - .025. For natural vegetative channels, "n" varies from .03 to .15.
F.
Effort should be made to control stream bank erosion aggravated by velocity problems associated with the more frequent (one- to five-year) flood event.
G.
In relation to the above, consideration must be given to location of buildings for which the flood level should comply with National Flood Insurance (one-hundred-year event).
§ 110-83 Roadway storm drainage criteria.
A.
The intent of these criteria is to conform with the New Jersey Department of Transportation and Burlington County Department of Transportation and Pinelands Commission standards and methods of calculations for roadway drainage. Table 19 may be used as a worksheet for submitting.
B.
For small road projects, parking areas, and industrial and commercial centers connecting into Township drainage facilities, the fifty-year design storm frequency shall be used.
§ 110-84 Storm sewer systems on Township roads.
A.
Inlet spacing shall not exceed 400 feet or design inlet flow of 6.0 cfs, whichever condition shall be more stringent. Access manholes shall be spaced at intervals of 400 feet (maximum) through rights-of-way and at sewer junctions where there are no catch basins.
B.
Sewers shall be designed using the Manning Formula for flow in pipes. Minimum design velocity flowing full shall be the cleaning velocity of the pipe. Recommended roughness coefficients ("n") for pipes are shown in Table 20. The five-year design storm frequency shall be used in the design of storm sewers on line. In addition to these requirements, a ten-year design storm frequency at low points with overland relief shall be used, and a twenty-five-year design storm frequency at low points without overland relief.
C.
"Dish" type intersections or rocker gutters crossing Township roads will not be allowed. Sufficient catch basins shall be installed at each street intersection to avoid gutter overflow at low points in the street grade.
D.
Pipe used shall be circular reinforced concrete pipe, Class III Wall B minimum 18 inches I.D. unless otherwise approved by the Township Engineer, and laid with not less than two feet depth of cover over the top of pipe.
E.
The inlet curb piece shall be two inches greater than the curb except as otherwise directed by the Township Engineer. Manhole and inlet castings shall conform with New Jersey state standards. Refer to Figures 37 and 38 of the Land Development Review Resolution of the Burlington County Planning Board.
F.
In pipe sizes less than 48 inches in diameter, all transitions in slopes, horizontal direction, junctions and change in pipe sizes shall be confined to manholes, catch basins, or other accessible structures designed for one or more of these purposes. In forty-eight-inch pipe lines and larger, vertical and horizontal deflections may be accomplished using radius curves of 100 feet or greater.
G.
Capacity of inlets in sumps must be known in order to determine the depth and width of ponding in the street. For ordinary design, a grate inlet in a gutter can be considered as an orifice or area equal to the clear openings in the grate with a coefficient of discharge equal to 0.6. The capacity of an unclogged grate inlet in a sump is:
Q | = | 0.6 2gh A | |||
Where | |||||
Q | = | Capacity in cfs. | |||
A | = | Area of clear opening in square feet. | |||
g | = | Gravitational acceleration in feet per second per second (32.2 ft./sec./sec.) | |||
h | = | Head in feet. | |||
For Type E inlets: A = 6.0 square feet | |||||
For Type A inlets: A = 3.0 square feet | |||||
A curb opening inlet can be considered as a rectangular weir whose capacity is: | |||||
Qc | = | 3.0 h L | |||
Where | |||||
Qc | = | Capacity in cfs. | |||
h | = | Head in feet. | |||
L | = | Length of curb opening in feet. | |||
H.
Ends of pipe starting or terminating in an open ditch shall have suitable headwalls. Flared end sections and other protective treatment will be considered in specific cases such as parallel ditches. Refer to Figures 39A and 39B of the Land Development Review Resolution of the Burlington County Planning Board.
I.
Type B inlets shall be required at points along the curbline to ensure that drainage flow does not exceed six cubic feet per second. Inlets shall also be placed at low points along the curbline.
J.
New culverts and bridges shall be designed to conform to design criteria and requirements of the Burlington County Land Development Review Resolution.
§ 110-85 Erosion and sediment control criteria.
A.
All projects shall be built in a manner to control soil erosion. The New Jersey Standards for Soil Erosion and Sediment Control have been adopted by the Burlington County Planning Board and endorsed by the Shamong Township Planning Board.
B.
An important aspect of erosion and sediment control relates to the construction period. The project shall be reviewed for the Township Planning Board by the Burlington County Soil Conservation District. It is a requirement that the project be constructed in conformance with the Soil Conservation District recommendations for erosion and sediment control during the construction period.
§ 110-86 Conformance with requirements and principles; street specifications and design.
The subdivider shall observe the following requirements and principles of land subdivision in the design of each minor and major subdivision or portion thereof in a manner also conforming with other ordinances of the Township:
A.
General.
(1)
Any minor or major subdivision shall demonstrate conformance to design standards that will encourage sound development patterns within the Township.
(2)
The subdivision shall conform to the requirements and conditions of the zoning provisions of this chapter.
(3)
The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historical sites, and flood control basins shown on the Master Plan or Official Map shall be considered in the approval of subdivision plats.
(4)
In accordance with good subdivision design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the Board.
(5)
All improvements shall be installed in and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.
B.
Streets.
(1)
Major and minor subdivisions shall be served by paved public streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.
(2)
When a new subdivision adjoins land capable of being subdivided, suitable provisions shall be made for optimum access from the remaining or adjoining tract to existing or proposed streets.
(3)
Local streets shall be designed to discourage through traffic.
(4)
In all residential zones, all major subdivisions bounded by any arterial, primary, or secondary street shall control access to the streets by having all driveways intersect minor streets. In addition, that portion of the subdivision abutting the arterial, primary, or secondary street right-of-way shall either be planted with nursery-grown trees to a depth of not more than 25 feet from the right-of-way line and for the full length of the subdivision so that within a two-year period of time a six-foot tall buffer will exist between the development and the highway or, where topography permits, create earthen berms at a sufficient height to establish a buffer between the development and the highway. Berms shall not be less than five feet in height, and they shall be stabilized by ground cover and trees to prevent soil erosion. All trees shall meet the requirements set forth in § 110-91. Driveway entrances to arterial, primary or secondary streets shall be prevented as much as possible. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial, primary or secondary street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial, primary or secondary street. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined in this subsection, unless such buffers are established in a reserve strip controlled by the Township or by Burlington County.
(5)
In all major or minor subdivisions, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule. In addition, where any arterial, primary or secondary street intersects with any street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street approaching the intersection for a distance of 300 feet from the intersection of the center line.
Street Class | ROW Width (feet) | Width Between Curbs (feet) | |
|---|---|---|---|
Arterial1 | As provided by NJDOT | ||
Primary | 86 | 46 | |
Secondary | 66 | 30 | |
Minor | 50 | 26 | |
NOTES: 1 Route 206 is the only arterial shown on the Master Plan. Its design standards are dictated by the New Jersey Department of Transportation. | |||
(6)
No minor or major subdivision showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to a public body.
(7)
In the event that a minor or major subdivision adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this section, additional land along both sides of the street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Shamong." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by the provisions of this section or as shown on the plat or as provided for by any maintenance or performance guarantee. If the subdivision is along one side only, 1/2 of the required extra width shall be anticipated. For a major subdivision, that portion of the existing street or road adjoining or included within a subdivision shall be improved, including excavation, grading, gravel base and surfacing in accordance with the road improvement standards of this section.
(8)
Longitudinal grades on all minor streets shall not exceed 10% nor 4% on arterial, primary and secondary streets. No street shall have a longitudinal grade of less than 3/4 of 1%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practices.
(9)
Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 60º at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center lines, the two intersections shall be spaced a sufficient distance to permit a minimum of two lot depths between the two street rights-of-way, but not less than 240 feet between rights-of-way. Any subdivision abutting an existing street which is classified as an arterial, primary or secondary street shall be permitted not more than one new street every 800 feet within the boundaries of the tract being subdivided on the same side of the street. In the spacing of streets, consideration shall be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines; arterial, 40 feet; primary or secondary, 30 feet; and minor streets, 25 feet. In the spacing of streets, consideration shall be given to the location of existing intersections on both sides of the development.
(10)
For both major and minor subdivisions, sight triangle easements shall be required at all intersections in addition to the right-of-way width outlined above, in which no grading, planting or structure shall be erected or maintained between 30 inches and eight feet above the street center line except for street name signs and official traffic regulation signs. The sight triangle is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points one each located on the two intersecting street center lines; arterial, primary and secondary streets at 100 feet; and minor streets at 30 feet. Where the intersecting streets are both arterial, primary or secondary, or one of each, two overlapping sight triangles shall be required, formed by connecting the sight noted above with a sight point 30 feet on the intersecting street. Such easement dedication shall be expressed on the plat as follows: "Sight Triangle Easement, the Township of Shamong."
(11)
A tangent at least 200 feet long shall be introduced between reverse curves on arterial, primary and secondary streets. When connecting street lines deflect in any direction from each other at any one point by more than 10º, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet for a minor street, 500 feet for a primary or secondary street, and 800 feet for an arterial street.
(12)
All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade or portion thereof, and providing minimum sight distances of 350 feet for a minor street, 500 feet for a primary or secondary street, and 800 feet for an arterial street.
(13)
Dead-end and cul-de-sac streets.
(a)
Dead-end streets of a permanent nature, where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible or of a temporary nature where provision is made for the future extension of the street to the boundary line of adjoining property, shall provide a turnaround at the end with a right-of-way radius of not less than 65 feet. The center point for the radius shall be on the center line of the associated street or, if offset, offset to a point where the radius becomes a tangent to one of the curblines of the associated street. Travel lanes in a cul-de-sac must be paved to a twenty-six-foot wide cartway width.
[Amended 5-5-1998 by Ord. No. 1998-5]
(b)
If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.
(c)
A dead-end street should serve no more than 14 lots.
(14)
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. The name of new streets must be approved by the Township.
(15)
Township streets shall be constructed in accordance with the following standards and specifications:
(a)
General. All materials, equipment and methods of construction shall conform to the latest Standard Specifications for Road and Bridge Construction of the New Jersey State Highway Department 1961. Each stage of the construction must be approved by the Township Engineer prior to commencing the next stage. The Engineer shall be notified at least one working day prior to the start of any stage.
(b)
Subgrade. The subgrade shall be in a proper finished condition conforming to the proper line and grade and free of any soft spots or other deficiencies. The subgrade shall be tested by running a roller of a weight at least equal to that to be used in the paving operation over the entire subgrade. If the deformation of the subgrade is excessive, in the opinion of the Township Engineer, the subgrade must be stabilized in a manner satisfactory to the Engineer. Adequate underdrains shall be constructed where the normal groundwater level is within two feet of the surface of the subgrade.
(c)
Subbase course. If the subgrade has a CBR value of 20 or greater, as determined by the American Society for Testing and Materials Method for Bearing Ratio of Laboratory Compacted Soils (ASTM Designation D 1883), no subbase course is required. Subgrade soils of Type A-1, A-2-4 and A-2-5 of the American Association of State High Officials Classification System for Soils (ASSH Designation M 145) will not normally require a subbase course. Subgrade soils of other types will normally require a subbase course of Soil Aggregates Type 2, Class A or B, four inches minimum thickness to provide the required CBR value.
(d)
Base course. All minor streets shall have a bituminous stabilized base course four inches thick or, in the alternative, six inches of compacted crushed stone and two inches of bituminous base course. All collector and arterial streets shall have a bituminous stabilized base course five inches thick or, in the alternative, six inches of compacted crushed stone plus two inches of bituminous stabilized base course.
(e)
Surface course.
[1]
The surface course shall not be constructed until one year after the completion of the base course unless authorized by the Township Engineer. However, temporary paving shall be placed around all manholes, valves, boxes, inlets, and so forth, immediately after the construction of the base course. The surface course on the four-inch bituminous stabilized base course shall be bituminous concrete surface course hot-mix type FABC, 1 1/2 inches thick; on the alternative, six inches stone, two inches bituminous stabilized base course, the surface course shall be the same type FABC 1 1/2 inches thick.
[2]
On alternative base courses for arterial streets six inches of crushed compacted stone with two inches bituminous base course, the surface shall be the same type hot-mixed FABC two inches thick.
[3]
A prime coat of asphaltic oil shall be applied to the base course in any event prior to the construction of the surface course.
(f)
Test cores. Prior to the construction of the top course, one core sample for each 2,000 square yards of paving may be taken at points designated by the Township Engineer. The contractor shall cut the cores with a coring machine, jackhammer, or other means approved by the Engineer. One core from every 10,000 square yards shall be analyzed by an approved testing laboratory and the results submitted to the Township Engineer. Any deficiencies shall be corrected prior to the construction of the top course.
§ 110-87 Additional design standards.
A.
Street signs. Street signs shall be metal on galvanized metal posts of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the Planning Board but there shall be at least two street signs furnished at each four-way intersection and one street sign at each "T" intersection. All signs shall be installed free of visual obstruction.
[Amended 5-5-1998 by Ord. No. 1998-5]
B.
Curbs and gutters.
[Amended 5-5-1998 by Ord. No. 1998-5]
(1)
Concrete curb with gutter or concrete curb shall be installed along every street within the development and at intersections with Township roads, county roads and state highways. The standard curb section to be used shall not be more than 10 feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment in a smooth curve. Chord segments are prohibited.
(2)
Concrete curbs shall be nine inches by 20 inches, eight-inch exposed face on primary streets; six inches by eight inches by 18 inches, six-inch exposed face on secondary and minor streets using concrete having a twenty-eight-day compressive strength of 4,500 psi and shall be air-entrained. All concrete shall have a slump of no greater than five inches in accordance with testing procedure outlines in ASTM C143-58 Standard Method of Test for Slump of Portland Cement Concrete. Calcium chloride is limited to 1% for winter protection.
(3)
Alternate design curbs such as granite block or sloped concrete curb may be allowed with the review and approval of the Planning Board and the Township Engineer. For alternate design curbs an appropriate method of stabilizing the edge of paving, controlling erosion, and stormwater shall be incorporated in the design. Sloped concrete curbs will not be allowed in areas of steep grade. Except as qualified above, sloped curbs and vertical curbs are permitted. Rocker curbs or mountable curbs are prohibited.
C.
Shade trees. All shade trees shall meet the standards set forth in the general provisions section of the Zoning Ordinance under buffers. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading construction requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with the adjacent lots. Dead or dying trees shall be replaced by the subdivider during the next recommended planting season.
D.
Each subdivision whether minor or major shall be monumented by the developer or bonded for as part of the development approval. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11, and shall be placed in accordance with the statute and indicated on the final plan.
[Amended 3-2-1993 by Ord. No. 1993-3]
E.
Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development. The Township may require easements or rights-of-way of sufficient width along drainage and utility courses for vehicular access and maintenance needs.
F.
Public utilities.
(1)
All public services shall be connected to an approved public utilities system where one exists. For all major subdivisions the subdivider shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the subdivider shall provide the Township with three copies of a final plat showing the installed location of these utilities. Lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utility's overhead lines shall be installed underground. In the case of existing overhead utilities, should a road-widening or an extension of service or other such condition occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
(2)
An installation under this subsection to be performed by a servicing utility shall be exempt from the provisions requiring performance guarantees and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year round on any lot where, by reason of soil conditions, rock formations, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the Planning Board for an exception from the terms of this subsection in accordance with the procedure and provisions of § 110-105 of this article. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid clearing swaths through tree areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.
G.
Lakes. Any lake constructed to provide waterfront lots for residential development shall have an average depth of water not less than six feet from May 1 to September 1 of each year.
H.
Street and lot lighting.
(1)
Whenever this section requires the installation of electric utility installations underground, the applicant shall provide for the installation of underground service for streetlighting.
(2)
Streetlighting standards of a type and number approved by the Planning Board and the Township Engineer shall be installed at all street intersections and elsewhere as deemed necessary by the Planning Board.
(3)
Driveway lights shall be installed by the developer at the point where each driveway meets the street.
I.
Off-site improvements. Where the area around a proposed subdivision does not have existing drainage facilities, curbs, gutters, sidewalks, water mains, storm sewers, or streets either within the tract or up to the lot line, or if they exist but are not a capacity or design that meets the standards required within the subdivision tract, the Planning Board shall require such facilities that are deficient to be constructed off site up to a point where existing drainage, vehicular and pedestrianway's, storm sewers, and water supply can accommodate the needs of the proposed subdivision. The cost of constructing off-site improvements shall be set by the Committee with the advice of the Township Engineer and shall be prorated to the subdivider in relation to the benefit he receives or the extent to which the proposed subdivision creates the need for improvement. Where partial costs of an off-site improvement are levied on the subdivider, the remaining costs shall be the responsibility of the Township. In establishing the prorated cost to the subdivider, the Township Committee shall also establish the method of payment by both parties. The financial considerations shall be resolved prior to final plat approval.
J.
Bikeways.
(1)
Bikeways may be required at the discretion of the Planning Board, depending upon the probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route planning adopted by the Board. Bicycle traffic should be separated from motor vehicle and pedestrian traffic as much as possible.
(2)
Bikeways should generally not exceed a grade of 3% except for short distances. They should be a minimum of six feet wide for one-way travel, and 10 feet wide for two-way travel. Minimum width for bikeways built in locations other than along streets is 10 feet. Bikeways shall have a minimum four-inch base of gravel, crushed stone, or slag on the subgrade and a two-inch FABC-2 surface course. Bikeways designated for one-way travel shall only be located along streets.
K.
Blocks.
(1)
Block length, width and acreage within the block's boundary roads shall be sufficient to accommodate the size lot required in that zoning district by the Zoning Ordinance and to provide for convenient access, circulation control, and traffic safety.
(2)
Blocks over 1,000 feet long in residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeways between lots may be required in locations deemed necessary by the Planning Board. They shall be at least 10 feet wide and be straight from street to street. Blocks over 1,500 feet in residential areas shall be prohibited. For commercial and industrial uses, block lengths shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation patterns.
L.
Driveway apron. A concrete or paved apron, at least 20 feet in length from the cartway, shall be required for each drive in each development unless a greater paved drive or parking area is required by this chapter.
M.
Driveway. Each lot shall provide an on-site turnaround to enable vehicles to leave facing forward rather than backing out onto the roadway. Driveways in excess of 500 feet shall provide a ten-foot by thirty-foot turnout. If common driveways, long drives in excess of 500 feet, or driveways on flag lots are proposed, a driveway maintenance agreement is to be submitted to the Board, and reviewed and approved by the Board Solicitor prior to final subdivision plat approval. The location of a driveway to serve a flag lot shall be so located to be as far as possible from existing development on adjacent property. Vegetative screening shall be planted between the drive and the lot line for the length of the drive into the flag lot.
[Added 3-2-1993 by Ord. No. 1993-3]
N.
Driveway curb cuts. Whenever subdivisions are proposed for two adjacent lots, the developer shall make an effort to design the subdivision using shared curb cuts (not necessarily common driveways) to decrease the number of points of entry for traffic emerging onto the roadway.
[Added 3-2-1993 by Ord. No. 1993-3]
§ 110-88 Lots in major subdivisions.
A.
Lot dimensions and area shall not he less than the requirements of the Zoning Ordinance.
B.
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
C.
Each lot must front upon an approved, paved public street at least 50 feet in width. Through lots with frontage on two streets will be permitted only under the following conditions:
(1)
Where the lot abuts an arterial, primary, or secondary street;
(2)
Where the length of the lot between both streets is of a length that future division of the lot into two lots is improbable;
(3)
Where access shall be to one street only, which street shall be the one with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat and in any deed, that street access is prohibited.
D.
Where extra width has either been dedicated or provided for widening of existing streets, lots shall begin at such new street line, and all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions or flood conditions, or where percolation tests or soil logs show the ground conditions to be inadequate for proper on-lot sewage treatment, rock formations, slopes in excess of 25%, or similar circumstances, the Planning Board may after adequate investigation withhold approval of such lots. If approval is withheld, the Board shall give its reasons, notify the applicant, and enter its action in the minutes and on each denied lot on the plat.
§ 110-89 Utility and conservation easements; natural features; erosion control; water supply.
A.
Utility easements. Easements along rear property lines, or elsewhere, for utility installation may be required in large-scale developments, Such easements shall be at least 15 feet wide and located in consultation with the utility companies or Township departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.
B.
Natural features. Natural features such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features. Buffer strips may be required on all wooded tracts around the perimeter or rear of the development. Such buffer strips, however, may be used in calculating the area of individual lots. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.
C.
Conservation easement.
(1)
Where the Master Plan or Official Map of the Township delineates floodplains and other critical areas, floodplains and conservation easements shall be delineated on the plat. A conservation easement and floodplain shall prohibit the removal of trees and ground cover except for the following purposes:
(2)
These areas shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "Conservation easement granted to the Township of Shamong as provided for in § 110-89 of Chapter 110 of the Code of the Township of Shamong."
D.
Fire-fighting facilities. Where streams or ponds exist or are proposed on lands to be subdivided, facilities shall be provided to draft water for Township fire-fighting purposes that are usable all seasons of the year. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams, or similar on-site developments, where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and in accordance with fire insurance rating organization standards.
E.
Erosion, stormwater control, and excavation.
(1)
The development shall adhere to the standards set forth in the Pinelands Comprehensive Management Plan and any applicable Township soil erosion and sediment control and floodplain ordinances which govern soil removal, or tree removal, resource extraction, etc. Tracts where permanent stormwater detention basins are either proposed or required shall be constructed in the following manner. More than one facility may be required:
(a)
Each detention pool shall contain a primary water depth with a minimum capacity to accept all the surface water directed to it from a four-inch rainfall in 24 hours.
(b)
Vertical holes filled with coarse rock may be provided within the detention pool to assist water percolation into the soil for the detained water at the primary water level. The bottom of these and stormwater infiltration structures must be located an adequate distance above the seasonal high-water table to protect against degradation of groundwater quality.
(c)
Each detention pool shall be designed for a secondary water depth which shall provide for water to be drained off through outlets. The secondary water depth shall, together with the primary water depth capacity, accept all the surface waters directed to it from a five-inch rainfall in 24 hours.
(d)
Each detention pool shall also have a tertiary water depth which will allow water levels in excess of the secondary water depth capacity to drain out one or both ends along the surface of a spillway to a natural drainagecourse. The rate of discharge from the secondary and tertiary depths shall not exceed the rate and volume at which stormwater left the property when the property was in its natural state. The tertiary water depth capacity shall, together with the primary and secondary water depth capacities, accept all the surface water directed to it from a twenty-four-hour, fifty-year storm.
(2)
Impoundment-detention basins along any stream that maintains a steady flow of water throughout the year may be constructed provided any improvements designed to provide such impoundment-detention facilities shall be designed to meet the standards and have the approval of the New Jersey Department of Environmental Protection and the Pinelands Commission and shall have the proper amount of sustained water flow downstream, proper water depth to control vegetation, and the proper design to prevent water stagnation in any part of the pond, and shall comply with the wetland protection standards of § 110-27 of this chapter.
F.
Water supply.
(1)
Where water is accessible from a servicing utility, the subdivider shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot or dwelling unit within the subdivision or development. The entire system shall be designed in accordance with the requirements and standards of the Township, county or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure.
(2)
Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township or state agency having jurisdiction.
§ 110-90 Environmental impact statement.
If an environmental impact statement report is required by the administrative agency reviewing the application for development, the report shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include date, be distributed, reviewed and passed upon as follows.
A.
Information needed.
(1)
A description of the subdivision specifying what is to be done and how it is to be done, during construction and operation, as well as recital of alternative plans deemed practicable to achieve the objective.
(2)
An inventory of existing environmental conditions at the project site and in the immediate surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils and properties thereof including capabilities and limitations, sewage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics and history, as well as the impact on municipal services, including schools. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection and the Pinelands Commission. Soils shall be described with reference to criteria contained in the Burlington County Soil Conservation District Standards and Specifications.
(3)
An assessment of the probable impact of the development upon all items set forth in Subsection B above, plus the fiscal impact on the municipality, including taxes to be paid and municipal services required. As a direct result of the investigation made under the environmental impact report, a listing shall be provided, which shall be all-inclusive, stipulating the licenses, permits and approvals needed to be furnished by the state, county, or Township laws. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or Township agencies or officials adjacent thereto or affected by the proposed development. The report shall include, as a result thereof, the conclusions and comments of all concerned government officials and agencies. All related correspondence between the applicant and these officials and agencies shall be included in the report.
(4)
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation and increase in municipal services. Off-site impact shall be set forth and evaluated.
(5)
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region. Such description shall be accompanied by necessary maps, schedules and other explanatory data that may be needed to clarify and explain the action to be taken. The developer or its consultants in overall charge of the environmental impact report shall include therein all steps that the applicant or developer must undertake to successfully implement the report. Recommended steps must include a positive statement affirming the developer's intent to undertake this work by using terms "shall be," "must,", etc.
(6)
A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed project which might avoid some or all of the adverse environmental effects including a no-action alternative.
B.
Upon completion of all review and public hearing, the Planning Board shall evaluate the environmental impact report as a part of its underlying function with respect to site plan review. In reaching a decision, the Planning Board shall take into consideration the effect of the applicant's proposed project upon all aspects of the environment as outlined above as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.
C.
Notwithstanding the foregoing, the Planning Board may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project. Requests for waiver should be made prior to a determination by the municipality with respect to the completeness of the application. Even if the Administrative Officer waives the environmental impact statement for purposes of filing a complete application, the Board may determine at a subsequent time during its review of the project that either a complete environmental impact statement is necessary or that portions of said environmental impact report are necessary at which time the developer will be required to provide same.
§ 110-91 Buffers and landscape screen plantings.
[Amended 6-4-1997 by Ord. No. 1997-5; 2-1-2005 by Ord. No. 2005-1]
A.
Landscaping.
(1)
Conformance. Landscaping shall be provided, conforming to the specifications established herein, in order to preserve the natural character of the Township and enhance the aesthetics of development for the benefit of present and future residents. Said landscaping shall be installed on site and along abutting streets.
(2)
Materials.
(a)
Landscaping may include ground cover, evergreen and deciduous trees, shrubs, berms, fencing, and naturally occurring features to include hilltops, rock formations, and watercourses which are to be preserved to the greatest extent practicable.
(b)
Trees and shrubs shall meet the following specifications:
[1]
Shrubs used in the buffer planting shall be of such density to provide an effective screen throughout the year.
[2]
Street or shade trees, except for those existing, preserved, or transplanted, shall be at least 10 feet high, balled and burlapped, when planted, and have a minimum caliper of 1 1/2 inches. All trees shall be of nursery stock and free of insects and disease.
[3]
Buffer and screen plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.
(3)
Landscape plan.
(a)
A landscape plan shall be provided concurrent with the submissions of all site plans and subdivision plans with the exception of minor subdivision plans.
(b)
The plan shall be prepared, signed, and sealed by a certified landscape architect, professional engineer, professional planner, or other qualified professional certified by the State of New Jersey.
(c)
The plan shall show: clearing limits; the presence of existing isolated trees having a caliper of five inches at a height of 4 1/2 feet above grade which are to be preserved or removed; location of groups of trees or other vegetation; a planting legend to include key, botanical name, common name, quantity, height and caliper; location of proposed plantings; site triangles; planting details; and planting notes.
(4)
General landscaping provisions.
(a)
Landscaping provided as part of any development plan should provide for a variety and mixture of plantings. The selection should consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage. A conscious effort shall be made to preserve the existing vegetation on site during the design, planning and construction of any development.
(b)
Where landscaping is provided in conjunction with nonresidential development, underground irrigation shall be provided.
(c)
All disturbed areas that are to be vegetated are to be covered with a minimum of four inches of topsoil. Topsoil disturbed in the course of development shall not be removed from the site and shall be stored for redistribution. All topsoil, whether imported or from on site, shall comply with the requirements set forth under Subsection E of this section.
(d)
Existing plantings to be preserved within the area of disturbance shall be protected by barriers not supported by the plantings being protected. No construction materials or temporary soil deposits shall be placed closer than four feet of the tree or dripline of the protected plantings, whichever is the greater.
(e)
All plantings are to be nursery stock and installed in accordance with the minimum quality standards as defined by the American Association of Nurserymen, current edition of American Standard for Nursery Stock.
(f)
Plantings required by this chapter will be reinspected once annually for two years. Upon determination that plantings are not viable or being properly maintained, the owner will be notified in writing and afforded a period of time within which to remedy any noncomplying condition.
(g)
Every effort should be made to avoid removal of trees having a caliper of five inches or greater as measured 4 1/2 feet above ground from the property in the process of subdivision, grading, or installing improvements. Where, in the judgment of the approving authority, such removal is unavoidable, the applicant shall install trees in such locations and of such size, variety, and quantity as the approving authority shall direct. Notwithstanding the five-inch caliper limitation, no substantial area of smaller trees or shrub cover shall be removed without the provision of comparable replacement as approved by the approving authority.
(5)
Location of plantings.
(a)
For all development, a minimum of 10 on-site trees per acre shall be provided.
(b)
Street trees shall be installed so the mature tree dripline is 30 feet from edge of pavement.
(c)
Evergreens shall not be planted as street trees.
(d)
No trees shall be planted within 30 feet of intersecting cartways.
(e)
Trees shall be installed on both sides of the street.
(f)
Plantings within sight triangles shall not exceed a height of 30 inches.
B.
Buffering.
(1)
In order to promote a desirable visual environment and maintain the development character and quality of the Township, a natural or planted buffer shall be installed along any property line of proposed business, commercial, or industrial development where said property line is contiguous to, or across the street from, land that is either zoned for residential use or upon which is located a residential use. A buffer shall also be installed along property lines between any parking lot or driveway servicing multifamily, townhouse, or similar units and single-family, duplex, or twin units.
(2)
Buffer areas shall be planted and maintained with grass or other suitable ground cover together with evergreen and deciduous trees, shrubbery, berms, natural features, and/or fencing, and be so designed so as to be more effective the closer an activity is located to a property line or the more intense the use.
(3)
The buffer area shall be a minimum of 25 feet in width.
(4)
No structure, stormwater management facility, activity, storage or materials or parking of vehicles shall be permitted within a buffer area.
C.
Off-street parking and loading areas.
(1)
The landscaped buffer shall be designed to screen nonresidential parking areas from streets, lots zoned for residential use, or lots upon which are located residential uses.
(2)
Supplementing the required buffer, each set-off street-parking area shall have interior islands with a minimum area equivalent to one parking space per every 30 spaces landscaped with approximately 1/2 said area having shrubs no higher than three feet and the other 1/2 having trees with branches no lower than seven feet. Such landscaped areas shall be distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility. All areas between the parking area(s) and building(s) shall be landscaped.
(3)
Landscaped islands containing any combination of trees and shrubbery and complying with the aforementioned height restrictions shall be provided at the end of each row of parking spaces.
(4)
An eight-foot-wide landscaped median island shall be provided for every four parking bays. When sidewalks are incorporated, the median island is to be 12 feet in width.
(5)
All landscape islands are to be protected with concrete curbing.
(6)
All off-street loading areas shall be screened sufficiently to obscure the view of the loading vehicles and platforms from any public street, adjacent uses, or on-site parking areas throughout the year. Such screening shall be by extension of the building, a fence, berm, wall, evergreen planting or combination thereof.
D.
Required and recommended plantings.
(1)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(2)
Shrubs, ornamental, and evergreen trees to be used in accordance with § 110-91D(1)(a) through (c) above may be selected at the developer's discretion subject to the review of the approving authority.
(3)
Street trees and shade trees to be used in accordance with § 110-91D(1)(a) through (c) above shall be selected from the recommended plantings list set forth in Subsection D(6) below. Substitutions may be made subject to review and approval of the approving authority. Species utilized shall be appropriate for the location being considered.
(4)
A mixture of species shall be used within a project. Similar species should be used on the same block of a street.
(5)
Street trees shall be provided 40 feet on center.
(6)
Recommended Street Tree Plantings List:
(a)
The following are classified as average trees and are to be planted 40 feet on center.
[1]
Greenspire linden (Tilia cordata "Greenspire") plant patent number 2086.
[2]
Katsura tree (Carcidiphyllum japonicum).
[3]
Kentucky coffeetree (Gymnocladus dioicus).
[4]
Maidenhair tree (Ginkgo biloba "Princeton Sentry") plant patent number 2726.
[5]
October glory maple (Acer rubrum "October Glory") plant patent number 2116.
[6]
Regent scholartree (Sophora japonica regent).
[7]
Rosehill ash (Fraxinus Americana "Rosehill” plant patent number 2678.
[8]
Shademaster honeylocust (Gleditsia triancthos inermis "Shademaster” plant patent number 1515.
[9]
Village green zelkova (Zelkova serrata "Village Green” plant patent number 2337.
[10]
Yellowwood (Cladrastis lutea).
[11]
Green Mountain sugar maple (Acer saccherum "Green Mountain”) plant patent number 2116.
[12]
London plane (Platanus acerifolia).
[13]
Red Oak (Quercus rubra).
[14]
White oak (Quercus alba).
[15]
Willow oak (Quercus phellos).
[16]
Zulchove, green vase tree.
E.
Topsoil.
(1)
Topsoil shall be loamy sand, sandy loam, clay loam, loam, silt loam, or other soil approved by the Engineer. It shall be natural fertile soil capable of sustaining vigorous plant growth and shall be of a uniform quality, free from subsoil, slag, cinders, stones one inch or larger in any dimension, lumps of soil, sticks, roots, trash or other extraneous, undesirable materials. Topsoil shall also be free of viable plants or plant parts of Bermuda grass, quackgrass, johnson grass, nut sedge, poison ivy, Canada thistle, or similar material. The contractor shall have all topsoil tested by a reputable laboratory with resulting documentation submitted to the Engineer or landscape architect.
(2)
If testing reveals that the topsoil does not conform to the requirements of this section, the contractor shall be responsible for adjusting the pH range and/or percent of organic matter by means of approved additives.
(4)
When topsoil, stockpiled on site, is to be reused, soil debris to include roots, sods, stones, clay lumps, and other extraneous materials harmful to plant growth shall be removed prior to reuse.
(5)
Materials stripped from the following sources shall not be considered suitable for use as topsoil:
F.
Guarantee. All planting material shall be guaranteed for a two-year period after acceptance by the Township and/or the release of performance bonds. A note on the landscape plan shall require that: "All plant material not surviving for a period of two years shall be replaced with the same or equivalent size species."
§ 110-92 Fences and walls.
[Amended 12-4-2001 by Ord. No. 2001-8]
A.
Fences and walls shall meet the following requirements:
[Amended 9-7-2004 by Ord. No. 2004-10]
(1)
Fences and walls shall not be located in any required sight triangle.
(2)
Fences and walls in the front yard shall not be higher than four feet unless set back from the street line the minimum front yard setback required for the zone. Any street frontage shall be considered a front yard, regardless of whether the street is on the side or rear of the house, or the house has property frontage on more than one street.
(3)
Notwithstanding the provisions of Subsection A(2) above, with regard to living fences, there shall be no height limitations other than the maintenance of a clear sight triangle.
(4)
In addition to compliance with all other requirements, fences and walls shall not exceed six feet in height in a residential zone or on any residentially developed property in any zoning district.
[Amended 12-20-2023 by Ord. No. 2023-12]
(5)
In addition to compliance with all other requirements, fences and walls shall not exceed 10 feet in height in a commercial or industrial zone on a commercially developed property.
[Amended 12-20-2023 by Ord. No. 2023-12]
(6)
Fences surrounding tennis courts in residential zones shall be limited to eight feet in height and must meet all setback requirements. Fences surrounding tennis courts in all other zones shall be limited to 10 feet in height and must meet all setback requirements.
(7)
Fences and walls in the front yard shall have open space for light and air representing at least 50% of the fence surface area.
B.
In any zoning district, a woven wire fence up to eight feet in height may be erected to protect an agricultural use, provided that:
(1)
The property has qualified for farmland assessment and is actively farmed;
(2)
No part of any eight-foot high fence to protect agricultural use may be electrified or employ barbed wire in its construction; and
(3)
Any section of an eight-foot-high fence to protect agricultural or commercial use shall be set back at least 25 feet from any public street or road.
[Amended 12-20-2023 by Ord. No. 2023-12]
§ 110-93 Grading.
All lots where fill material is deposited shall have clean fill or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainagecourses. No regrading of a lot shall be permitted which would create or aggravate water stagnation of a drainage problem on site or on adjacent properties, or which will violate the provisions regulating soil erosion and sediment control, soil removal or floodplain contained in this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.
§ 110-94 Height.
A.
In all Shamong Township districts, other than the Regional Growth Area Districts, no sturcture shall exceed a height of 35 feet, except as provided in the followiing subsections.
[Added 10-10-1989 by Ord. No. 1989-14]
B.
Mechanical equipment, chimneys and structures which house or enclose such accessory features, aerials, steeples, cupolas, domes, water towers, any of which are located on the roof of a building, may be permitted to be erected above the maximum height of the building in any district, provided that such features, do not exceed more than 15% of roof coverage and 25% of the maximum building height.
C.
The height limitations of this chapter shall not apply to any of the following structures: 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, conveyers, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
[Amended 6-4-1997 by Ord. No. 1997-5]
D.
The height limitations of this chapter 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. 7:50-5.4(c) are met.
[Amended 6-4-1997 by Ord. No. 1997-5]
E.
With respect to any of the above structures which are freestanding and/or not on the roof of a building, no such structure shall be closer to any property line than the distance from its base at ground level at its lowest point to the uppermost extremity of the structure, and no supporting guy wires, lines, anchors or any other similar support mechanism shall be closer to any property lines than 25 feet. However, in no case shall such structure exceed 75 feet in height.
F.
With respect to residential, commercial or industrial development, no accessory structure shall be permitted in the front yard of the principal building with the exception of a flagpole. This provision shall not apply to agricultural structures on farms.
§ 110-95 Satellite dishes and radio antennas.
A.
Definitions. A "satellite antenna" is any apparatus, commonly known as a "dish antenna," which is designed for the purpose of receiving satellite television transmissions. The provisions of this section as set forth below including both Subsection B, Permit; required fee, and Subsection C, Design Criteria, shall not apply to any dish which is under one meter in diameter nor shall they apply to any dish under two meters in diameter in any commercial or industrial district.
[Amended 5-5-1998 by Ord. No. 1998-5]
B.
Permit; required fee. No satellite earth station antenna, including its mount, nor any noncommercial freestanding radio tower with antenna(s) which is accessory to a residential, commercial or industrial principal use, shall be built, erected or modified unless a building permit is issued by the Construction Official. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee as is set forth in the New Jersey State Uniform Construction Code.[1]
C.
Design criteria for satellite dish. The satellite earth station, commonly known as a "satellite dish," is permitted in all zones as a permitted use after the following requirements are met:
(1)
A dish antenna is only permitted as an accessory use on a lot which contains a principal structure.
(2)
A dish antenna is not permitted in the front yard of any structure or use.
(3)
A dish antenna is permitted on the roof of a commercial or industrial structure, provided that the top of the dish antenna does not exceed the height requirements of § 110-94. Only perforated dishes are allowed on roofs. No dish antennas are allowed on the roof of any residential structure.
(4)
No lot may contain more than one dish antenna as heretofore regulated.
(5)
No dish antenna placed anywhere on any lot shall exceed a height of 14 feet from ground level to its uppermost extremity with a dish diameter not to exceed 12 feet. Dish antennas on lots may be solid dishes.
(6)
If the satellite antenna is to be placed in a side yard, it is to conform to the same bulk requirements as are required for principal buildings in the development regulations of the Township of Shamong. If the satellite antenna is to be placed in a rear yard, it is to conform to the same setback requirements as govern the location of accessory buildings. Any inconsistencies between this section and any other section of the Zoning Ordinance will be resolved in favor of this section.
(7)
A landscaping plan which will effectively screen said dish antenna from the neighboring properties shall be submitted at the time of the application for construction of the dish.
D.
Design criteria for radio antenna.
(1)
A lot may contain no more than one radio antenna as regulated in this chapter or one dish antenna, but not both.
(3)
No other said antenna is to be located in a residential, commercial or industrial district.
(4)
A landscaping plan which will effectively screen the base of the radio antenna from the neighboring properties shall be submitted at the time of application for construction of the antenna.
§ 110-96 Wireless local communications facilities (cell towers).
[Added 10-3-2000 by Ord. No. 2000-8]
A.
Purpose. The purpose of this section is to establish provisions regulating the number, location, design, and construction of local communications facilities, including towers, antennas, equipment sheds, and appurtenances, in order to accommodate the personal and commercial needs of the citizenry while protecting the health, safety, vitality, and general welfare of the community and its environment. The goals of this section are:
(1)
To require the use of existing towers and other structures as support platforms for local communications facilities;
(2)
To require the collocation of local communications facilities of competing providers in order to reduce the number of required towers;
(3)
To ensure that such towers are sited, constructed, and maintained in a manner which poses the fewest hazards to the general public as possible;
(4)
To provide for the timely removal of local communications facilities and the restoration of the sites they occupied once they are permanently withdrawn from service.
B. ANTENNA COLLOCATION EQUIPMENT SHED/SHELTER LATTICE TOWER LOCAL COMMUNICATIONS FACILITY MONOPOLE PROVIDER
Definitions. As used in this section, the following terms shall have the meanings indicated:
The surface from which wireless radio signals are sent and received by a local communications facility.
The use of a single tower on the ground by more than one provider and/or the installation of several local communications facilities on an existing building or structure by more than one provider.
An enclosed structure, cabinet, shed, or box at the base of the local communications facility within which are housed batteries and electrical equipment.
A freestanding tower with multiple legs cross-bracing of structural steel.
An antenna and any support structure, together with any accessory facilities, which complies with the standards contained in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.4) and which is intended to serve a limited, localized audience through point-to-point communication, including, but not limited to, cellular telephone service, personal communications systems, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
A type of freestanding tower with a single shaft of wood, steel, or concrete and a platform (or racks) for antennas arrayed at the top.
A company that provides wireless services via a local communications facility.
C.
Applicability.
(1)
All new wireless local communications facilities, be they affixed to freestanding towers or mounted on existing structures, and any structures, equipment, or features accessory to the operation of said facilities, shall be subject to the provisions contained herein.
(2)
Existing local communications facilities shall not be required to conform to the provisions contained herein until such time as they are to be altered for installation of additional facilities.
D.
General provisions and requirements.
(1)
Upon approval by the Planning Board, the construction and operation of local communication facilities shall be permitted as a conditional use in the municipality subject to the provisions and limitations contained herein.
(2)
All local communications facilities subject to the provisions herein which are located within the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.
(3)
The municipality may seek, at the applicant's expense, independent expert advice on the specific locational need for design, construction, and operation of local communications facilities to aid in the evaluation of applications for such facilities.
(4)
The applicant for a local communication facility which involves construction of a freestanding tower shall make space available on the tower for communications needs of the municipality, if technical operating requirements allow. The municipality shall use such space for installation of communications devices for fire, police, emergency medical service, Township public works, and other similar uses.
(5)
The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no existing, suitable facility within the service area which could be utilized. Citation in a comprehensive plan approved by the Pinelands Commission shall serve as evidence of the need for a facility in a general area but not as to the need for any specific site.
(6)
The applicant shall agree in writing to submit certification to the Planning Board and the Pinelands Commission every five years that the proposed local communications facility is still in use and that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced to the minimum height necessary for operational needs, as determined by the Planning Board, within 12 months of the certification.
(7)
Use of existing structures. The use of existing structures as support platforms for local communications facilities shall be required in all cases where consent of the structure's owner has been secured; use of the structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible; use of the structure will not increase the total number or affect the location of new towers that will be built in the municipality; and the following circumstances apply:
(a)
Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile, and it is either in a certified plan approved by the Pinelands Commission or it is an existing communication structure; or
(b)
Use of the structure will require an expansion in excess of 50% where the site is identified in a comprehensive plan approved by the Pinelands Commission and the expansion or reconstruction will preserve the current use and the visual impact of installation of an expanded structure will be less than that of a new local communication facility.
(8)
The applicant shall agree that if a new tower is approved, collocation will be permitted unless technically unfeasible. The applicant shall also agree that all of the local communication facilities under his or her control within the municipality shall be made available for collocation purposes.
E.
Height limitations and locational requirements for new local communication facilities.
(1)
New local communications facility towers shall not exceed 200 feet in height as measured from grade. Freestanding towers built to a lesser height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications facilities.
(2)
All new local communications facility towers shall be located within the area consistent with the service need for the facility, but in no case beyond a five-mile radius of the area specified in a comprehensive plan approved by the Pinelands Commission. The applicant shall initially determine and demonstrate a technically feasible search area within this radius.
(3)
New local communications facility towers shall be permitted in the Preservation Area, Infill, Forest Area, Special Agricultural Production Area, Rural Development Area, Regional Growth Area and Pinelands Village areas of the municipality only at the following prioritized locations:
(a)
On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on state, county, or municipal conservation lands, state recreation lands or county and municipal lands used for low-intensity recreational purposes;
(b)
On the parcel of an approved resource extraction operation, provided that the facility will be located on previously disturbed lands that have not subsequently been restored;
(c)
On the parcel of an existing first aid or fire station; or
(d)
On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.
(4)
The list of locations set forth in Subsection E(3) above shall be used as a preference guide in the siting of new local communications facility towers within the Agricultural Production Area of the municipality; however, such facilities shall also be permitted at other locations which are consistent with Subsection E(2) and (7).
(5)
If multiple sites for new towers which meet all other qualifications are available, the site with the least visual impact shall be selected; if only a single qualifying site is available, the best location on the site that meets all other standards of this chapter shall be selected.
(6)
The design and construction of all new local communications facility towers shall adhere to the provisions of N.C.A.C. 7:50-6.103 to 7:50-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise, or hide local communications facilities towers so that they blend into the natural background to the maximum extent practical.
(7)
Local communications facilities shall be located so as to meet the technical operating requirements of the applicant and any potential collocators who have expressed a desire to use the same facility.
(8)
Local communications facilities shall be located, in order of preference, on:
(9)
All freestanding local communication facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area. The Planning Board may reduce this setback requirement if it finds that limited sites necessitate such reduction. Setback requirements shall not apply to location of communications equipment on an existing structure.
F.
Design and construction requirements.
(1)
All local communications facilities shall meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with relevant authority. If such standards or regulations are amended, the owners of local communications facilities in the municipality shall bring such facilities into compliance within six months of the effective date of such amendments. Failure to bring such facilities into compliance shall constitute grounds for removal of the facility by the municipality at the owner's expense.
(2)
All new freestanding support towers shall be designed and constructed so as to accommodate the needs of any other local communications provider who has identified a need to locate a facility within an overlapping service area.
(3)
All new freestanding support towers shall be of lattice-type construction, except that monopoles may be employed if the applicant warrants that:
(a)
The tower can and will be expanded if necessary to the maximum height permitted within the zoning district to accommodate any other local communications provider who expresses a need to collocate; or
(b)
If the tower cannot be expanded, it will be replaced, without service interruption to current users, by a tower which can accommodate the collocation needs of other communications providers.
(4)
Any accessory shed or other accessory structure shall be built solely to house equipment essential to the operation of the local communication facility and shall be designed, painted, and/or screened by year-round landscaping to blend in with the surrounding environs to the extent possible, as determined by the Planning Board. The structure shall be located as close to the antenna support structure as possible; and shall not exceed 10 feet in height or 100 square feet in area, unless expressly authorized by the Planning Board. Only one such structure shall be permitted per facility user, unless a need is otherwise demonstrated to the Planning Board. If feasible, additional land for the equipment needs of future collocators shall be secured in the purchase/lease of the selected site or be available by lease agreement.
(5)
Any access road to the local communication facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
(6)
Secure fencing may be required if the municipality determines that it is necessary for the safe operation of the facility.
(7)
No artificial lighting may be attached to any local communications facility except as required by the Federal Aviation Administration or other regulatory authority with jurisdiction. Lighting of equipment and any other structures on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurement at the property line shall be 0.0 foot candles when measured at grade. Lighting shall be the minimum necessary to conform to applicable requirements.
(8)
No signs will be attached to any local communications facility except as is necessary to provide operational or maintenance instructions or warnings to the general public. No sign will be attached at a level more than 10 feet above grade. The use of any portion of a facility for any form of advertising is prohibited.
(9)
The following standards shall apply to clearing and landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be limited to the minimum necessary to allow for access to and operation of the facility;
(b)
The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas, or public roads shall be screened at ground level from public view to the maximum extent practical in the following manner:
[1]
One or more rows of evergreen trees, at least four feet in height when planted and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be required and spaced not more than seven feet apart around all lattice towers and any monopole over 50 feet in height;
[2]
Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade, and spaced not more than 20 feet apart shall be planted around the evergreen trees;
[3]
The screening shall be maintained and replaced as necessary while the facility is in service.
(10)
Local communication facilities mounted on an existing structure shall be painted or shielded with material which is consistent with the design features and materials of the structure. To the extent that any local communication facility or its supporting structure extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with sky and clouds.
G.
Maintenance and operation requirements.
(1)
The owner of a local communication facility shall ensure that it is maintained in compliance with standards contained in applicable state or local Building Codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. Such maintenance shall include, but is not limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer area and landscaping. If, upon inspection, the municipality concludes that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring the facility into compliance with such standards. Failure to bring such facility into compliance within the thirty-day period shall constitute grounds for the removal of the facility at the owner's expense.
(2)
No application for installation of a local communications facility shall be approved unless the applicant has submitted evidence that a surety bond has been established which will provide for removal of the facility and restoration of the disturbed area in accordance with N.J.A.C. 7:50-6.24 within 12 months of its ceasing to operate; in any event, the municipality shall, at the expense of the owner, remove any such facility which has been out of operation for a period greater than 12 months.
(3)
All local communications facilities shall be operated in a manner consistent with the "Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation," as published and amended from time to time by the Federal Communications Commission.
(4)
Local communications facilities adjacent to residential or public recreational areas shall not increase the ambient noise level nor cause any persistent level of vibration in excess of 50 dB beyond the property lines of the parcel on which they are situated.
(5)
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the radio frequency radiation from the local communication facility. Such measurements shall be made by a qualified technician and shall certify that they are within applicable limits.
H.
Application requirements.
(1)
Preapplication conference or conferences are encouraged. Early consultation by applicants with municipal officials and representatives of the Pinelands Commission is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Planning Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. There are no formal filing requirements or notice requirements for an informal conference. The applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Planning Board.
(2)
New local communication facilities shall require conditional use approval and major site plan approval by the Planning Board. The application to the Planning Board shall be on notice as required by the Municipal Land Use Law.[1] The application shall contain the following information:
(a)
A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; and setbacks from property lines;
(b)
Photographs of the proposed site of the facility showing current conditions;
(c)
The setback distance from the nearest structure;
(d)
A map showing the location of all other local communication facility towers and other structures within the municipality as well as outside of the municipality within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures;
(e)
A landscape plan showing proposed landscaping;
(f)
The location and type of proposed fencing, if applicable, and the type, location, color, and power of any illumination;
(g)
An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a new tower is proposed.
(h)
An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility;
(i)
For facilities proposed in the Pinelands Area, a notarized statement indicating that the applicant will abide by the provisions of "Exhibit B Co-Location Opportunities for Wireless Providers in the Pinelands" contained in the Comprehensive Plan for Wireless Communications Facilities in the Pinelands approved by the Pinelands Commission on September 11, 1998;
(j)
Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility (either by inclusion of the site in a comprehensive plan approved by the Pinelands Commission or at any public meeting on the application) that the selected site meets their operational needs and space requirements for equipment sheds and the like; and
(k)
A certificate of filing issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34. No application shall be made to the municipal Planning Board nor shall any notice or advertisement of a hearing be made by the applicant until the Planning Board is in receipt of the certificate of filing and has assigned a date for public hearing.
(l)
A plot plan, survey and all other plan and documents required for site plan approval.
(m)
A visual impact study. The visual impact study shall depict the perspective appearance of the new facility as it will appear from any nearby residential properties and shall show both options so that the Board can review and compare the impacts of either design.
[Added 12-20-2023 by Ord. No. 2023-12]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)
Federal environmental requirements. The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations for certain facilities. The environmental assessment must be submitted as part of any municipal application for such a facility.
§ 110-97 General conditions.
A.
Lighting. All area lighting shall provide for nonglare, color-corrected lights focused downward, or translucent fixtures with shields around the light source. The light intensity provided at ground level shall average a maximum of 5/10 footcandle over the entire area. For each fixture and lighted sign the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. The objective of these specifications is to minimize undesirable off-site effects. No lighting shall shine directly or reflect into windows or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of yellow, red, green or blue beam, nor be of a rotating, pulsating beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar character shall be subject to site plan approval by the Planning Board.
B.
Lot areas. Where two or more adjoining lots are under the same ownership, and one or more at said lots does not conform with the minimum area or dimension requirements for the zone in which it is located, the lots shall be considered as a single lot.
C.
Multiple uses of commercial and industrial sites. Multiple uses of commercial and industrial sites, shopping centers, and industrial complexes receiving site plan approval where all buildings are designed as a united and comprehensive plan in accordance with the applicable zoning district standards may have more then one building or a lot and more than one use within a building.
D.
Nonconforming uses, structures, or lots. The lawful use of land, buildings or structures existing may be continued although they may not conform to the provisions of this chapter, provided that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter, except as permitted below. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any already nonconforming use be made more nonconforming in any manner.
(1)
Abandonment. A nonconforming structure or lot shall be considered abandoned if:
(2)
Conversion to permitted use. Any nonconforming building, structure or use changed to conform to the provisions of this chapter shall not be changed back to a nonconforming status.
(3)
Restoration. Any nonconforming building, structure, or use may be repaired in the event of partial destruction thereof, provided that said repairs are undertaken within 12 months and completed within 24 months from the date of the specific act wherein destruction took place. A specific act of destruction must be involved such as but not limited to fire, explosion, flood, windstorm, act of God, etc.
(4)
Repairs and maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the repair and maintenance work do not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or otherwise increase the nonconformity in any manner.
(5)
Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.
E.
Off-street parking and loading for residential, commercial and industrial uses.
[Amended 3-7-2000 by Ord. No. 2000-4]
(1)
Access to lots.
(a)
Access drives shall be limited to a maximum of two to any street, and their center lines shall be spaced at least 65 feet apart. Each access drive shall:
(b)
When the width of a property along any one street exceeds 500 feet in length, one access drive may be permitted for each 250 feet of property frontage. The width of the curb cut shall be determined by the type of traffic to be handled and the lanes of traffic involved. Driveway aisle width shall be 25 feet if perpendicular parking spaces are used. A lesser aisle width may be employed if the parking lot layout uses angular spaces. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.
(2)
Buffers and landscape plantings. Landscaping plantings shall be used to separate parking areas of commercial and industrial uses from adjoining streets. Buffers shall be used to separate loading areas for commercial/industrial uses from existing residential uses or any residential zoning district.
(3)
Curbing. Off-street parking and loading areas may be required to have concrete or Belgian block curbing around the perimeter of the parking and loading areas and to separate major interior driveways from parking spaces. Curbing may also be installed within the parking or loading areas to define segments of the parking or loading areas. Concrete wheel blocks may be located within designated parking or loading spaces. All curbings shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian or bicycle access over the curbing shall be designed with breaks in the curb height with ramps from the street grade to the sidewalk. The breaks shall be either opposite each traffic lane or no less frequent than one every 65 feet along the curb.
(4)
Dimensions. Off-street parking spaces shall be 10 feet wide and a minimum of 19 feet long in accordance with Subsection E(10) of this section. However, a minimum of one space shall be a minimum of 12 feet wide. These wider spaces shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars. The minimum number of handicapped spaces provided on the site shall meet the requirements of state law.
(5)
Drainage. All parking and loading shall have catch basins and drainage facilities installed in accordance with good engineering practice as approved by the Township Engineer. Where subbase conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six inches to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the Township Engineer. Where required by the Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
(6)
Surfacing to be approved as part of the site plan approval.
(a)
Areas of ingress and egress, loading and unloading areas, major interior driveways and aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two inches compacted thickness or equivalent, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Specifications for Roads and Bridge Construction (1961) and amendments thereto.
(b)
Parking space areas and other areas likely to experience light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, or equivalent, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. At least 1 1/2 inches compacted wearing surface of bituminous concrete FABC, or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto. As an alternate, such areas may be constructed of six inches quarry blend and at least two inches of compacted wearing surface of bituminous concrete FABC or equivalent.
(7)
Landscaping for parking and loading areas. Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered or spaced so as not to interfere with driver vision, have branches no lower than six feet, and placed at the rate of at least one tree for every 10 parking spaces. All areas between the parking area and the building shall be landscaped per approved drawings. Any plantings which do not live shall be replaced within one year or one season. A majority of the parking area shall be obscured from streets by buildings, landscaped berms, natural ground elevation or plantings, singularly or in combination. Whenever possible, landscape shall conform to predominating architectural features of structures, e.g., Early American, Colonial, formal lines.
(8)
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the following schedule. Those uses not listed shall provide sufficient spaces as determined under the site plan review.
(a)
A minimum of one space per use except that where more than one use shall be located in one building, or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses, and shall have site plan approval.
(b)
There shall be a minimum of one trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed containers located and screened to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts. If located within the building, the doorways may serve both the loading and trash/garbage collection functions. If a container is used for trash/garbage collection functions and is located outside the building, it may be located adjacent to or within the general loading areas, provided that the containers in no way interfere with or restrict the loading and unloading functions.
(c)
Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area may be less than the number required by the above schedule, provided that the applicant as part of the site plan application shall indicate on his site plan and shall document to the Planning Board how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.
(9)
Minimum parking requirements.
(a)
The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter, or such other measure as noted below. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts.
[1]
Service station: four spaces each bay and work area.
[2]
Shopping center: 5 1/2 spaces each 1,000 square feet gross floor area.
[3]
Structure with two dwelling units: four spaces.
[4]
Townhouse: two spaces.
[5]
Veterinary hospital: six spaces per examination room or doctor, whichever is greater.
[6]
Warehouse, shipping and receiving: one space each 5,000 square feet gross floor area.
[7]
Wholesale fuel distribution: one space each 10,000 square feet gross yard area required for the use.
[8]
Manufacturing, assembly, fabrication: one space each 800 square feet gross floor area.
[9]
Medical center, doctors' or dentists' offices: one space each 150 square feet gross floor area.
[10]
Motel: 1 1/10 space per unit.
[11]
Mortuaries: 40 spaces each viewing room and chapel.
[12]
Movie theater: one space for each three seats, one space for each four seats in shopping centers.
[13]
Night club: one space each three seats.
[14]
Office and office building: one space each 250 square feet gross floor area.
[15]
Personal service: one space each 200 square feet gross floor area.
[16]
Professional office as home occupation: one space each 200 square feet gross floor area, minimum of six spaces.
[17]
Research: one space each 1,000 square feet gross floor area.
[18]
Restaurant: one space per two seats.
[19]
Retail store: one space each 200 square feet gross floor area.
[20]
Schools:
[a]
Elementary: 1 2/10 spaces per each classroom plus a minimum of one space for each teacher and staff member.
[b]
Intermediate: 1 1/2 spaces per classroom plus minimum of one space for each teacher and staff member.
[c]
Secondary: two space per classroom plus a minimum of two spaces for each teacher and staff member plus two spaces per 10 students based on school capacity.
[21]
Auto/truck sales: one space for each 50 square feet showroom area and sales office.
[22]
Bowling alley: four spaces each alley.
[23]
Car wash: eight spaces per washing line.
[24]
Church: one space for each three seats.
[25]
Community swimming pool: one space for 15 square feet of water surface area.
[26]
Day-care center: one space for each 600 square feet gross floor area, plus one space per employee, plus appropriate stacking area. An infant care center shall have 3/4 of a space for each child based on the licensed capacity plus one space per employee.
[27]
Detached dwelling: two spaces except that on any street in the municipality which is designed without on-street parking, the following requirements must be met:
[a]
Each lot abutting the street must provide four on-site off-street parking spaces exclusive of garage spaces, plus an on-site turnaround designed so vehicles do not back out of lots onto the street.
[b]
Signs stating that no parking shall be permitted on the street shall be placed by the developer in such locations along such streets as shall be determined by the Planning Board or as otherwise required by law.
[28]
Financial institution: one space for each 250 square feet gross floor area.
[29]
Firehouse: one space for each 400 square feet gross floor area.
[31]
Golf course: four spaces per hole.
[32]
Library: one space for each 300 square feet gross floor area.
[33]
Lumber and contractor's yard: one space per 5,000 square feet gross yard area required for the use.
(b)
Maximum 20% of gross floor area can be office use without additional parking for the office use. Office use above 20% shall require parking at the appropriate rate.
(10)
Location of parking and loading areas.
(a)
No off-street loading and maneuvering areas shall be located in any front yard.
(b)
Loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly service the building for which the space is being provided. Parking spaces shall be located at least five feet from any building being served.
(c)
No loading and parking spaces shall be located in any required buffer area.
(d)
Off-street parking spaces for office buildings (other than offices in shopping centers) may have parking located in the front yard limited to not more than 20% of the total number of spaces required.
(e)
Parking spaces located to service residential uses shall be within 150 feet of the entrance of the building. Parking spaces located to service commercial or industrial uses shall be within 300 feet of the building entrances.
(f)
No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
(g)
Parking spaces for shopping centers may be located in any yard. Parking spaces for residential uses may be located in any yard as designated for individual structures within a complex, but parking shall be discouraged from being located in the yard space between the existing public streets and the setback line but, when located within this yard area, shall be set back from the street a minimum of 100 feet.
(11)
Waiver or increase of parking or loading requirements. The Planning Board may waive a portion of the parking or loading requirements of this section or may require additional space if the particular use so warrants. Any requests for reduction of parking space shall be based on the applicant's testimony before the Board and requirement for increase in the amount of parking shall result from the Board's review of the plan at a public meeting. Reservation of space for additional parking may be required by the Board upon the condition that said space need not be improved at the inception of the project but rather, that it be reserved for future parking, if the need warrants.
(12)
Electric vehicle supply/service equipment (EVSE) and make-ready parking spaces.
[Added 4-5-2022 by Ord. No. 2022-4]
(a)
Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
[1]
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
[2]
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
[3]
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
[4]
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
(b) CERTIFICATE OF OCCUPANCY CHARGING LEVEL[1] [2] [3] ELECTRIC VEHICLE ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE MAKE-READY PARKING SPACE PRIVATE EVSE PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 200- or 240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multi-family parking lots, etc.).
(c)
Approvals and permits.
[1]
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
[2]
EVSE and make-ready parking spaces installed pursuant to Subsection E(12)(d) below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection E(12)(c)[1] above.
[3]
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
[4]
The administrative official/zoning officer and/or municipal engineer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of Shamong Township's land use regulations.
[5]
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
[a]
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
[b]
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met;
[c]
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations; and
[d]
The proposed installation complies with the minimum environmental standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.1 et seq.).
[Added 11-1-2022 by Ord. No. 2022-13]
[6]
An application pursuant to Subsection E(12)(c)[5] above shall be deemed complete if:
[a]
The application, including the permit fee and all necessary documentation, is determined to be complete;
[b]
A notice of incompleteness is not provided within 20 days after the filing of the application; or
[c]
A one-time written correction notice is not issued by the administrative official/zoning officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
[d]
An application pursuant to Subsection E(12)(c)(5) above shall also require the submission of a certificate of filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 110-21A(1)(g) of this chapter.
[Added 11-1-2022 by Ord. No. 2022-13]
[7]
Upon deeming an application complete pursuant to Subsection E(12)(c)(c) above, the administrative official/zoning officer shall issue a zoning permit in accordance with § 110-17A of this chapter, and the following:
[Added 11-1-2022 by Ord. No. 2022-13[1]]
[a]
Said zoning permit shall not take effect and no development shall be carried out until the provisions of § 110-21D and E have been met, unless the proposed development meets the criteria of § 110-21A(1)(g) of this chapter.
[1]
Editor's Note: This ordinance also renumbered former Subsection E(12)(c)(7) and (8) as Subsection E(12)(c)(8) and (9), respectively.
[8]
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
[9]
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
(d)
Requirements for new installation of EVSE and make-ready parking spaces.
[1]
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
[a]
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
[b]
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
[c]
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
[d]
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
[e]
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
[2]
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection E(12)(d)[1] above shall:
[a]
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
[b]
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
[c]
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
[d]
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
[e]
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
[f]
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
[g]
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
[h]
Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
(e)
Minimum parking requirements.
[1]
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 110-97E(9).
[2]
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
[3]
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(f)
Standards for all new EVSE and make-ready parking spaces.
[1]
General guidelines.
[a]
Equipment related to EVSE and make-ready parking spaces shall be permitted as accessory uses in all commercial districts and within mixed-use and multi-family developments.
[b]
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
[c]
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE. (Note: The use of time limits and the imposition of fees are optional and shall be determined by the owner.)
[d]
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
[e]
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this subsection to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of the Municipal Code. Signage indicating the penalties for violations shall comply with Subsection E(12)(f)[4] of this subsection. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
[f]
Private parking. The use of EVSE shall be monitored by the property owner or designee.
[2]
Quantity, location, and layout of EVSE and make-ready parking spaces.
[a]
The number of EVSE and make-ready parking spaces shall be as per Subsection E(12)(d) of this subsection, modified as follows:
[i]
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection E(12)(d)[1] shall install at least one ESVE prior to the issuance of a Certificate of Occupancy.
[ii]
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection E(12)(d)[1] shall install one additional ESVE each year by the anniversary date of the Certificate of Occupancy until the total number of ESVE spaces required has been fulfilled.
[b]
Locations of said parking space(s) is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users.
[c]
[d]
Electric vehicle charging stations, and associated equipment, shall not be permitted in the front yard setback, except for equipment that is flush with the ground surface.
[e]
Equipment mounted on pedestals, posts, or other devices shall be designed and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
[f]
Size and spacing.
[i]
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length.
[ii]
The location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
[iii]
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
[3]
Safety.
[a]
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to the requirements herein.
[b]
Where EVSE and make-ready spaces are installed, adequate site lighting and landscaping shall be provided in accordance with related ordinances and regulations.
[c]
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any standalone EVSE bollards should be 60 inches high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal. Bollard shall be painted or otherwise covered in a color approved by the Township.
[d]
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as follows:
[i]
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
[ii]
Where EVSE is provided within a pedestrian circulation area, (i.e. not on the edge of a parking area) the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards or typical pedestrian circulation routes.
[e]
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment, in accordance with the signage requirements contained herein, for reporting problems with the equipment or access to it. To allow for maintenance and notification, Shamong Township shall also require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and emergency contact information.
[4]
Signage.
[a]
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE.
[b]
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration but shall be no less than 12 inches by 18 inches and mounted no higher than seven feet high to the bottom of the sign(s).
[c]
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit.
[d]
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[i]
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[ii]
Usage fees and parking fees, if applicable; and
[iii]
Emergency contact information (telephone number) for reporting when the equipment is not operating or other problems.
[5]
Usage fees.
[a]
This section is reserved for future use.
[b]
Nothing in this ordinance shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.
§ 110-98 Commercial and recreational vehicles.
[Amended 12-20-2023 by Ord. No. 2023-12]
A.
No person shall park any truck, bus, trailer, or tractor, the gross registered weight of which extends 10,000 pounds in compliance with a DOT Class II vehicle, out of doors within any zone in the Township. This requirement shall not pertain to farms or any permitted nonresidential use with a valid site plan or land use approval which includes a vehicle storage area.
B.
Nothing within this chapter shall be construed as preventing vehicles exceeding a gross registered weight of 10,000 pounds from making deliveries of merchandise within a residential zone or as prohibiting any vehicle exceeding the gross registered weight of 10,000 pounds, used by any public utility company in connection with the construction, installation, operation or maintenance of public utility facilities, from parking while being used for such purposes. Neither shall this section be construed as preventing vehicles exceeding a gross registered weight of 10,000 pounds from being used in cases of emergencies within a residential zone of the Township, in order to preserve end protect persons and property within the residential zone.
C.
Recreational vehicles and boats may be parked outside, in the side or rear yard areas only, with a limit of two recreational vehicles or a boat, including a combination of both, per family permitted outside a building. Recreational vehicles or boats so parked shall not be used for temporary or permanent residential purposes.
§ 110-99 One principal use per lot.
No more than one principal permitted use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and, on agricultural lands, recreation development. No more than one principal building shall be permitted on one lot except that multifamily developments and commercial uses receiving site plan approval may be permitted to have more than one building on a lot in accordance with the zoning district in which it is located. Commercial use mixed with residential use within the commercial district of the Regional Growth Area is prohibited but lands in the commercial district may be used for residential use rather than commercial use as shown under the schedule of permitted uses for the various districts.
§ 110-100 Sight triangles.
Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be created or maintained more than 30 inches above the street center line or lower than 12 feet from above the street center line. The sight triangle is that area bounded by the intersecting street lines and a straight line which connects "sight points" located on each of the two intersecting street center lines the following distances away from the intersecting street center line: arterial streets at 300 feet, collector streets at 200 feet and primary and secondary local streets at 90 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above the sight point 90 feet on the intersecting street. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included in the Master Plan. A sight triangle easement dedication shall be expressed on the site plan as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Zoning Ordinance of the Township of Shamong." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setback provisions of this chapter.
§ 110-101 Sign regulations.
[Amended 3-2-1993 by Ord. No. 1993-3]
A.
A sign advertising goods and/or services not sold or performed on the lot on which the sign is located shall not be permitted within any zone within the Township of Shamong except as provided in Subsection Q below. No billboards shall be erected.
B.
No flashing sign of any type may be erected anywhere within any zone of the Township.
C.
No signs shall be so placed as to impede or interfere in any way with the operation of a traffic light, traffic directional signal or general traffic vision.
D.
No advertising sign or device may be erected or used on top of any building.
E.
The limitations of sign area prescribed in this chapter for permitted commercial and industrial uses shall not apply to parking lot markers, directional signs or entrance and exit signs erected on the premises, provided that each such sign does not exceed four square feet in area; that the number and location of such signs are approved by the reviewing authority; and that no such sign contains any advertising matter.
F.
No freestanding sign shall exceed 100 square feet in size.
G.
Animated, flashing, illusionary and windblown signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement, as well as windblown signs, are prohibited. Windblown signs shall include but not be limited to pennants, streamers, propellers and balloons. Searchlights used for the attraction of attention of a commercial facility are also prohibited. The above prohibition shall also apply to non-message-bearing paraphernalia of a character similar to the above, and which may be characterized as "decorations." A special permit shall be available for special promotional activities, said permit not to exceed 30 days without renewal. Said permit is available from the Construction Official or Zoning Officer. The special promotional affect allowed by the temporary or special permit shall not be located where it obstructs visibility or constitutes a traffic hazard in the opinion of the issuing officer. Signs which are otherwise prohibited under these provisions may be allowed under this special temporary permit.
H.
Attached signs shall be affixed parallel to the wall to which they are attached and project no more than 15 inches from the surface of the wall.
I.
No sign of any kind shall be situated in a sight triangle.
J.
Height. The uppermost part of an attached sign shall not exceed the cave of the roof. The uppermost part of a freestanding sign shall not exceed 35 feet from its base at ground level nor shall the bottom of the sign itself (not the pole) extend below 12 feet from the ground.
K.
Illuminated signs shall be arranged to reflect the light and glare away from adjoining lots and streets. All illuminated signs shall be lit externally from the ground and be shielded from adjoining lots, streets, and interior drives and with light sources angled no closer to the horizontal than two vertical to one horizontal. All lights shall be either shielded or shall have a translucent fixture to reduce off-site effects. No sign shall be permitted if said sign is internally illuminated or contains or uses a beam, beacon, or flashing illumination.
[Amended 2-1-2005 by Ord. No. 2005-1]
L.
Location.
(1)
Attached signs may be located anywhere that does not conflict with any height restriction, obstruction to vision or similar regulations of this subsection. Freestanding signs shall be located no closer to any property line than the distance from its base at ground level to its uppermost extremity.
(2)
Signs and sign structures of all types shall be located to allow an unobstructed line of sight for at least 300 feet from the stop line of any intersection of two streets or the intersection of a driveway and a street and at least 100 feet from the intersection of two driveways within a parking or loading area.
M.
Maintenance. Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
N.
Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 15 feet from all street and property lines. Such signs shall not exceed eight square feet in area for residential advertising nor 35 square feet for commercial and industrial uses. Such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. All such signs do not require a building permit. No more than one sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.
O.
Sign area and dimension. Sign area shall include all lettering, wording, coloring and accompanying designs and symbols, together with background, whether open or enclosed, but not including any supporting framework and bracing incidental to the display itself. A two-sided freestanding sign shall be measured, with respect to sign area, on any one side. Street number designations, postal boxes, family names on residence, on-site traffic directional and parking signs, signs posting property as "private property," "no hunting" or similar purposes, and "danger" signs around utility and other danger areas are permitted, but are not to be considered in calculating the sign area.
P.
Temporary signs. No more than one sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a building permit and terminating with the issuance of a certificate of occupancy for the structure or the expiration of the building permit, whichever comes first. Such signs shall not exceed an area of 32 square feet.
Q.
No outdoor, off-site commercial advertising sign shall be permitted, except that:
[Amended 6-4-1997 by Ord. No. 1997-5]
(1)
Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the Regional Growth Residential and Regional Growth Commercial Districts. Such signs shall also be permitted in the Village Commercial, Village Industrial and Rural Development Commercial Districts, provided that the signs are located on a U.S. highway within 1,000 feet of a Pinelands Regional Growth Area; and
(2)
Signs advertising agricultural commercial establishments shall be permitted, provided that:
R.
Signs permitted for conditional uses shall adhere to the requirements for the district in which the use is located unless specifically modified in the conditional use provisions governing the use.
S.
Signs permitted for business and industrial uses and conditional uses. Commercial or industrial properties may have one lighted freestanding sign relating to the business being conducted on the premises and which sign does not exceed 100 square feet on any one side and one facade sign which does not exceed 10% of area of the face of the building on which it is displayed or project more than 15 inches from the facade. Buildings at corner lots may have two freestanding signs, one on each street and two facade signs, one facing each street. Multiple uses conducted in one or more buildings shall be governed by the above limitations on size and number of signs. The entire property is entitled to one freestanding sign or two freestanding signs if it is a corner lot. Each store or use within the project is entitled to a facade sign, which sign shall be governed by the area dimensions as determined by the facade for that use.
T.
No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted.
U.
No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation, shall be permitted.
W.
To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.
X.
In the Preservation Area District, Infill Districts and Special Agricultural Production Area District, only the following signs are permitted:
(1)
Official public safety and information signs displaying road names, numbers and safety directions.
(4)
Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet;
(6)
On-site business or advertising signs, provided that:
(7)
Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
(8)
Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.
§ 110-102 Sign permits.
A.
It shall be unlawful for any person, firm or corporation to erect, alter, locate or relocate, reconstruct or change in any manner any sign or signs greater than six square feet in area without first having obtained from the Construction Code Official and having in force and effect a permit for the location of such sign or signs.
B.
Any person, firm or corporation desiring to procure a permit to maintain a sign in the Township of Shamong shall file with the Construction Code Official a written application which shall consist of an accurate description of the location or proposed location where said sign is to be erected and a diagram of each sign that the applicant desires to erect, alter, locate or relocate, use or maintain. Such application shall be signed by the applicant who shall also indicate his post office address and supply any and all information that the Construction Code Official may reasonably require in order to determine properly whether the proposed location of the sign complies with the provisions of this chapter.
C.
Fees for a sign permit shall be $50.
[Amended 12-5-2017 by Ord. No. 2017-13]
§ 110-103 Window signs.
A.
Window signs are permitted providing they do not exceed 10% of the glass area of any required entrance or exit door or 25% of the total window area of the first floor or street level of the building involved.
B.
Window signs are subject to the overall limitation of the area of signs on any one facade.
§ 110-104 Portable signs.
Portable or mobile signs are prohibited in all districts of the Township. If a variance is sought for relief from this section, the applicant must demonstrate that the placement of the portable or mobile sign complies in all respects with the requirements and rules for placement of permanent signs as set forth in this chapter. If approval has been granted, any change in the location of the portable or mobile sign will constitute a violation of this chapter.
§ 110-105 Waiver.
All of the design criteria as set forth in Article VII of this chapter with the sole exception of that section dealing with conditions required for a conditional use shall be construed as being the proper subject for exception or waiver. Article VII is hereby expressly declared subject to the provisions of N.J.S.A. 40:55D-51, and the design criteria contained in Article VII shall not be construed as being part of the Zoning Ordinance.
§ 110-106 Conditional uses.
[Amended 9-4-1997 by Ord. No. 1997-8; 3-4-2008 by Ord. No. 2008-004]
A conditional use application which meets all of the criteria for said conditional use is normally heard by the Planning Board, under its traditional capacity, upon notice as is required through the Municipal Land Use Law for any public hearing. If a condition cannot be met, the application will be heard by the Planning Board pursuant to its Joint Land Use Board authority vested under N.J.S.A. 40:55D-25c and under N.J.S.A. 40:55D-70d, which is the provision which also governs use variances. Conditional uses in the Township of Shamong shall meet the following conditions:
A.
Utility structures and facilities.
(1)
Adequate fencing and screening of facilities not located within a building shall be required.
(2)
No minimum lot size shall be required but no structural facility shall be located closer than 50 feet to a property line.
(3)
All interior areas designed for potentially noisy activity shall be sufficiently sound insulated or separated from adjacent residential structures to avoid any noise nuisance or interference.
(4)
All major facilities and storage shall be enclosed in a structure where feasible.
B.
Quasi-public and recreation.
(1)
Included in this category are houses of worship, social organizations, service clubs and similar community oriented uses of a nonprofit nature. Recreation areas include those which are similar in use to public recreation facilities. Commercial recreation facilities are excluded from this category.
(2)
The minimum lot size shall be 3.2 acres.
(3)
Consideration shall be given to the effect of lighting and the activity itself on nearby residences.
(4)
Quasi-public buildings not associated with recreation areas shall be located on collector, arterial or secondary roads.
(5)
The use shall be effectively buffered from adjoining residences.
C.
Hospitals or nursing homes; congregate care facilities; residential care facilities. A residential care facility is an integrated complex consisting of individual dwelling units with or without cooking facilities in each unit and which provides a common dining area which may be available to the residents of the complex. Medical facilities are usually not provided which distinguishes this type of facility from a nursing home.
(2)
Parking spaces shall be nine feet by 18 feet in size for perpendicular spaces used for employee parking and 10 feet by 20 feet in size for patient, guest or visitor parking. The number of spaces shall be computed at .333 parking space per bed for patient, guest or visitor parking plus two spaces for each employee determined based on the highest shift. Only 1/2 of the aforesaid employee parking need be improved as part of the initial construction of the facility.
(3)
A landscape plan showing adequate and appropriate buffering and screening must be approved.
(4)
All utility and service areas shall be adequately screened and buffered.
(5)
No freestanding sign shall exceed 15 feet in height. All signs shall be reviewed by the approving authority that approves the developmental plan whether said signs are illuminated or not and shall meet the number and size requirements for commercial uses set forth elsewhere in this chapter, but shall be subject to the height requirement set forth above.
(6)
Buffers. Forty-foot wide grass border strips or a twenty-foot-wide landscaped or bermed border strip shall be established between any improved surface and any property line. With respect to the landscaped and bermed border strip abutting a street, the combination of topography and planting shall not exceed 30 inches in height. The requirements of this section may be waived by the Planning Board if such a border strip would serve no useful purpose or may be reduced to 10 feet if the Board determines that the landscaping and berming provided is ample enough to serve as a basis for the reduction.
(8)
Units. Rooms or units within those facilities such as congregate care facilities and residential care facilities which are intended for human occupancy on a long-term basis shall contain an interior dimension of not less then 200 square feet and shall contain toilet, bathing and sleeping facilities as well as living space. If cooking facilities are included, the interior dimension shall not be less then 250 square feet.
(9)
Density: a density of not greater then 15 units per gross tract acre for each facility, two stories or less in height. A facility of greater height consisting of more stories than two, shall be accorded a proportionate density increase depending upon the number of stories allowed.
(10)
Drives, parking areas, loading zones and trash enclosures, impervious cover, signs, all shall meet the standards set forth in this chapter for commercial and industrial uses unless specifically modified herein.
(11)
Any one- or two-story facility shall be protected by approved fire-detection systems. Any facility exceeding two stories shall be protected by an approved automatic sprinkler system. Any facility exceeding two stories shall have elevator service provided.
D.
Motor vehicle service stations.
(1)
In addition to the information required in the site plan, said 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 the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed, the number of automobiles which are to be garaged, parking and vehicular circulation and the relationship of the proposed use to the highways, streets and adjacent properties.
(2)
No conditional use will be granted unless it is determined that the proposal satisfies the following aesthetic considerations:
(a)
The design of any building in connection with such facilities as far as the general character of the area and will not be a substantial detriment to the property rights of others in the zone.
(b)
Adequate and attractive fences and other safety devices will be provided.
(c)
Sufficient landscaping, including shrubs, trees and lawn, are to be provided and will be periodically maintained.
(d)
Adequate off-street parking will be provided.
(e)
All of the area, yard and building coverage requirements of the respective zone will be met.
(3)
The following standards shall apply to any such conditional use:
(a)
The entire area of the site traveled by motor vehicles shall be paved.
(b)
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicles will be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles will be stored outside of an enclosed building.
(c)
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the direct or indirect operation of the establishment and those being serviced therein. A maximum of 10 motor vehicles shall be parked on the premises at any one time, and none shall remain standing for more than seven days, with the exception that the Zoning Officer shall have the power to extend the seven-day provision for good cause shown for a period of time not to exceed 30 consecutive days, provided that the service station owner or operator makes a written application to the Zoning Officer and pays an application fee of $10. Noncompliance with the provisions of this section shall be just cause for revocation of the permit required by this section.
(4)
No more than two service stations may be located at any one intersection.
(5)
Outdoor display of the accessory goods for sale may be erected on the pump island and on the building island only, provided that they are in a suitable rack or stand.
(6)
Parking facilities shall be provided in the ratio of one parking space for every 100 square feet of floor area in the principal building which is specifically devoted to use as a motor vehicle service station. Additional parking will be required if any portion of the building is used as a convenience store.
(7)
Where the motor vehicle service station abuts a residential area (either a residential zone or an existing residential use), the motor vehicle service station shall provide buffering in accordance with the terms of this chapter.
(8)
All fuel pumps shall be located at least 25 feet from any street or property line. A minimum space of 20 feet shall exist between any two islands and between any island and the service station building.
(9)
No motor vehicle service station shall display for sale, rental or storage any motor vehicle or utility trailer or van or truck.
(10)
Motor vehicle service stations shall comply with lot area and width requirements for commercial uses of the zone in which they are located.
(11)
A motor vehicle service station may erect one freestanding pole-mounted identification sign, not to exceed 35 feet in height from ground level to the uppermost portion thereof and not to exceed 100 square feet in area on any one side. The sign shall not be closer to any property line than the distance from its base at ground level to its uppermost extremity. No portion of the sign shall be closer to the ground than 12 feet.
E.
New or used car dealerships.
(1)
Vehicles for sale may be displayed out-of-doors within areas which meet all of the general requirements, including setback from property lines for parking areas.
(2)
Any outdoor storage of waste materials or supplies shall be in a shielded location but suitable for containerized collection, and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 110 square feet and shall not be closer than 25 feet to another lot which is within a residential zone or a street line which is across the street from a residential zone.
(3)
The entire area of the site for the travel or parking of motor vehicles will be covered by an all-weather, paved surface.
(4)
Repair of motor vehicles will be performed in a fully enclosed building and no motor vehicle parts or partially dismantled or inoperative motor vehicles will be stored outside of an enclosed building.
F.
Preschools, day-care centers and infant-care centers. Child-care centers may be authorized by the Planning Board as a conditional use in any school or church which is an active operation in the Township of Shamong or in any building formerly used as a school building or church building in the Township and which meets the requirements of the Zoning Ordinance for said school or church or in any building specifically constructed or reconstructed for this purpose. In addition, the following standards, specifications and criteria must be met for the grant of said conditional use:
(1)
The use will not adversely affect the safe flow of traffic; that adequate roadway accesses are provided to protect roadways from undue congestion and hazards; that the circulation pattern is such as to protect the children using the facility.
(2)
Additional parking may be required by the Planning Board if analysis of the proposed type of operation and number of employees and visitors involved indicates the need.
(3)
Separate vehicle stacking areas for dropoff and pickup of students shall be required.
(4)
Outdoor recreation areas located near hazardous areas as determined by the Planning Board shall be required to be fenced or otherwise protected, and all active outdoor recreation areas may be required to be fenced.
(5)
The maximum of age for any child enrolled or attending the program of a child-care center shall be 12 years. The number of occupants or students attending the child-care center shall be determined in accordance with the criteria of the Division of Human Services based on the amount and type of facilities available for use.
(6)
The minimum lot size shall be two acres, and minimum lot frontage shall be 200 feet.
(7)
A landscape buffer shall be provided when a parking area abuts a residential property. The buffer yard shall be not less than 20 feet in width and the ten-foot portion of the buffer yard nearest the residential use shall be planted with sight- and sound-obscuring evergreen plantings.
G.
Home occupations. "Home occupation" shall mean an occupation being conducted for economic, charitable or other gain wholly or in part from a residence or its residential lot as an accessory use, provided same is conducted solely by an occupant of the residential building.
[Amended 9-2-2014 by Ord. No. 2014-5]
(1)
Requirements applicable to home occupations. The following requirements shall apply to home occupations:
(a)
Home occupations shall only be permitted as an accessory use to a permitted single-family detached, two-family or duplex dwelling unit. 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.
(b)
Who may be employed or engaged in home occupation. No person other than members of the family residing in the dwelling unit shall be engaged or employed in a home occupation. Notwithstanding the above, in the case of a medical home occupation, no more than two employees may be a nonfamily member, provided that there is a family member working in the home occupation at the same time. For example, a nurse or assistant may work in the home occupation, even if not a family member, if the physician or dentist is working.
(c)
Maximum portion of dwelling unit that may be used. Not more than 25% of the habitable floor area of the dwelling unit shall be used in the conduct of the home occupation.
(d)
Use of accessory building prohibited. No home occupation shall be conducted in any accessory building and there shall be no storage of materials, equipment, or goods of any kind associated with the home occupation permitted in any accessory building.
(e)
Outside appearance. Dwelling units which contain a home occupation shall retain the appearance of a residence. There shall be no change in the outside appearance of the building or property, or other visible evidence of the conduct of such home occupation. The public display of goods visible from the street or abutting properties and any visible advertising on the premises shall be prohibited, including signs.
(f)
Sales to the public prohibited. There shall be no display or sale to the general public of goods on the premises.
(g)
Maximum traffic generation.
[1]
No traffic shall be generated by any home occupation which is greater in volume than would normally be expected for solely residential use. The following shall be deemed to be prima facie evidence of a greater volume than would normally be expected for a solely residential use:
[a]
More than 10 stops per week by delivery service such as, but not limited to, United Parcel Service, Federal Express, Express Mail, etc., for either pick up or delivery of goods; and/or
[b]
More than 20 vehicle trips per day of any kind. For purposes of administering this provision, a "trip" shall be a vehicle departure or vehicle arrival; an arrival and departure by the same vehicle shall count as two trips. Notwithstanding the above, in the case of a medical office, up to and including 32 vehicle trips (measured by eight-hour operation schedule and half-hour appointment intervals) will be permitted; and
[2]
Further, traffic may only be received at any home occupation between the hours of 7:00 a.m. and 7:00 p.m.
(h)
Parking. The parking or storage of commercial vehicles shall be governed by § 110-98 of this Code. Further, in association with a home occupation, no more than two commercial vehicles shall be parked outside. The home occupation use must comply with the parking requirements of the residential zone. Home occupations which have commercial vehicles associated with the activity shall provide an on-site turnaround.
(i)
Storage. Except for the parking of motor vehicles as indicated above, outdoor storage related to a home occupation shall be prohibited.
(j)
Equipment and process limitation. No equipment or process shall be used in any home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses 1) at the property line if the occupation is conducted in a single-family detached dwelling, or 2) outside the dwelling unit if the occupation is conducted in a two-family or duplex dwelling. No equipment or process shall be used in any home occupation which causes electrical, visual or audible interference in any radio or television receiver located off the premises or causes fluctuations in line voltage off the premises.
(k)
Nuisance. There shall be no noise, dust, smoke, fumes, odor, glare, flashes, vibrations, shock waves, heat, electronic or atomic radiation, objectionable effluent, unusual risks of fire, explosion or activity otherwise prohibited by law or ordinance in connection with such home occupation.
(l)
Signs prohibited. Home occupations shall not be permitted any signs identifying, advertising or otherwise accessory to the home occupation.
(m)
For purposes of this section, "medical offices" shall include: doctor, dentist, veterinarian, psychiatrist, psychologist or other comparable health service.
(2)
Prohibited uses. The following shall not be deemed to be home occupations and are prohibited in all residential zones and in all dwelling units located in nonresidential zones:
(a)
The operation of clinics, hospitals, alcohol rehabilitation facilities and outpatient dispensaries;
(b)
The providing of nursing or convalescent care;
(c)
The furnishing of narcotic, drug or alcohol abuse treatment;
(d)
Embalming, undertaking, funeral parlors or funeral homes;
(e)
Barber shops, beauty parlors, massage parlors, tanning salons, tattoo parlors, the provision of pedicures, manicures, electrolysis or any similar personal services;
(f)
Pet care/grooming, kennels, animal hospitals or animal recuperation or rehabilitation services, or any similar services for animals;
(g)
The furnishing of home care services for more than five children at any one time in a dwelling unit for a monetary consideration, except as may be permitted by this chapter as a limited child care home;
(h)
Music or dancing schools other than for individual instruction of one pupil at a time, with no more than two pupils waiting;
(i)
The dispensing of food for consumption on the premises;
(j)
Tea rooms or tourist homes;
(k)
The operation of a taxi service, or the operation of a limousine service having more than two limousines parked on the premises;
(l)
The operation of a business which results in the storage or maintenance of construction equipment such as, but not limited to, backhoes, dump trucks, flat bed trucks, equipment trailers, tractors, compressors, cement mixers and similar equipment on the residential premises;
(m)
The storage, maintenance, repair or sale of motor powered equipment such as, but not limited to, automobiles, trucks, motorcycles, motor bikes or lawn mowers; provided, however, that such activities if otherwise lawful may be conducted by residents of the property in connection with motorized equipment owned by such residents for their own personal use;
(n)
The assembly or storage of motor vehicles for shipment; and,
(o)
Assembly or manufacturing of any kind.
H.
Planned commercial development. Planned commercial development shall be a conditional use in both the Agricultural Commercial District and the Pinelands Village Commercial District II.
(1)
Purpose. The purpose of a planned commercial development is to encourage comprehensive planned development. The design process is intended to include but not be limited to land use planning, building orientation, traffic planning, landscape design, site design, energy conservation and architectural design to achieve a comprehensive planned commercial facility. Planned commercial development is not intended to allow strip development as a permitted use.
(2)
Permitted uses. The following uses are permitted in a planned commercial development, provided that they are designed as part of a comprehensively planned system of buildings consisting of multiple uses linked by open space:
(a)
Retail activities including grocery stores, meat markets, seafood markets, supermarkets, delicatessens, bakeries, drug stores, sporting good shops, gift shops, hobby shops, clothing stores, shoe stores, hardware stores, pet shops, stationery stores, fabric stores and florists.
(b)
Service activities including barber and beauty shops, tailors, dropoff cleaning operations, appliance repair shops, shoe repair shops and upholsterers.
(c)
Restaurants, bars and packaged stores.
(d)
Banks, including drive-in facilities.
(e)
Professional offices.
(3)
Prohibited uses in the Pinelands Village Commercial District II and the Agricultural Commercial District shall include all uses not mentioned above as permitted uses. Specifically prohibited are:
(a)
Residential uses.
(b)
Automotive uses such as, but not limited to, gas stations, motor vehicle sales and service, body shops, repair garages.
(c)
Any outside display of a product offered for sale or the outside storage of goods and/or materials.
(d)
Community facilities such as schools, churches, fire and police buildings and recreation facilities.
(4)
Area and bulk requirements.
(a)
In order to qualify as a planned commercial development, the development shall provide for a minimum of 15 contiguous acres.
(b)
Minimum lot width: the minimum site width shall be no less than 600 feet of frontage on Route 206.
(c)
Minimum depth: 600 feet.
(d)
Height: the height of any building constructed in a planned commercial development shall not exceed 35 feet or two stories.
(e)
A floor area ratio of 0.02.
(f)
A maximum impervious surface coverage of 0.08.
(g)
Setbacks.
[1]
In order to protect adjacent uses in different zoning districts, the side and rear setbacks of any improvement, both building or paving, shall not be less than 100 feet.
[2]
The front setback from the Route 206 right-of-way shall not be less than 75 feet for any parking area and not less than 50 feet for any other improvement.
[3]
The side setback between buildings on the same site shall not be less than 25 feet.
(h)
Building length: Development is encouraged in the form of a cluster of buildings rather than linear development. To encourage development in that form, a significant building offset and roof offset of at least five feet will be required every 60 feet of building length. The building must be contained within a three-hundred-foot by three-hundred-foot design area so that from any older no more than 300 feet of building face can be seen. Porches and balconies are encouraged.
(i)
Landscaping and screening: A landscaping plan must be submitted for the entire site. The plan must address buffer planting requirements, parking requirements and plantings in the public use areas and any area to remain undeveloped.
[1]
All parking islands shall be a minimum of eight feet wide.
[2]
A minimum of one shade tree and two bushes for every eight parking spaces shall be planted inside the parking area and one shade tree for every 30 feet of curb or paving edge, not counting the planted buffer, is required.
[3]
Buffering and landscaping in the developed area along Route 206. Intensive attractive landscaping is required in the front yard setback abutting Route 206. Buffer and landscape plantings are required in front of the developed area in order to maintain the existing rural and scenic views on Route 206. The following is the minimum standard:
[a]
Berms are four to six feet high. If a berm is less than six feet high, it must be planted with enough low shrubs to form a continuous screen three feet high and be 95% opaque year around. In addition one tree is required per 30 linear feet of landscaped area. Ground cover plants must fully cover the remainder of the landscaped area. A three-foot masonry wall may be substituted for the shrubs, but trees and ground cover are still required. A six-foot-high berm must have one tree for every 30 linear feet of berm or as appropriate to provide a tree canopy over the landscaped area. Ground cover must fully cover the remainder of the landscaped area.
[b]
Berms are required in the front setback between all parking areas, paved areas and Route 206.
[c]
Berms are required in the front yard setback to screen 50% of any other improvement facing Route 206.
[d]
Unbermed areas in the front yard setback shall be fully landscaped with canopy trees, evergreens and ground cover.
[4]
Buffering in side and rear setback area. An evergreen tree planting, minimum height of five feet, double row staggered, 10 feet on center and 10 feet apart shall be planted in the setback area.
[5]
No parking lot shall contain more than 20 spaces in a row without interruption by a landscape divider at least eight feet wide.
(j)
Lighting. Lighting of the site shall follow § 110-97, General Conditions. Lighting standards (poles) shall not exceed 12 feet in height.
(k)
Parking:
[1]
Section 110-97E of this chapter shall apply where applicable except as modified below:
[b]
Subsection E(2), dealing with buffers and landscape plantings, is modified as follows: Landscape planting shall be used to separate parking areas of commercial and industrial uses from adjoining streets. Buffers shall be used to screen loading and unloading areas and trash/garbage areas in commercial and industrial zones. The buffer screen around these areas may include fencing of wood, cement or other construction material provided that not more than 25% of the fence is open on its vertical surface. In such cases, evergreens, deciduous trees and shrubs shall be planted along the screen to breakup the monotony of the screen.
[d]
Dimensions of off-street parking spaces shall be nine feet wide and a minimum of 18 feet long. Handicapped spaces shall be provided as required by other portions of this chapter and state law.
[e]
Subsection E(5), dealing with drainage, shall apply with addition that underground retention is encouraged.
[f]
Subsection E(6) requiring that surfacing is to be approved as part of the site plan approval shall apply.
[g]
Subsection E(7), dealing with landscaping of parking and loading areas, shall apply except that the second sentence of that subsection shall read, "Trees shall be staggered or spaced so as not to interfere with driver vision, shall have branches no lower than six feet, and shall be placed at the rate of at least one tree and two bushes for every eight parking spaces."
(5)
Signage: § 110-101 is applicable with the following modifications.
(a)
Height. The uppermost part of an attached sign shall not exceed the eave of roof.
(b)
MOT sign. Multiple occupancy and tenancy sign shall mean a single sign (may be a monument sign) relating to a use or facility such as a shopping center, industrial park or office complex where there is more than one occupancy and/or tenancy or uses where said multiple occupancy and tenancy uses a common parking facility and where the names and professions or business names of various tenants and/or occupants are displayed. The only freestanding sign allowed for the development shall be an MOT sign. An MOT sign shall not exceed 12 feet in height above the ground, or 12 feet in length. If an MOT sign is used, the building-mount, attached signs for the uses or business shall all be uniform in size, scale and design.
§ 110-107 Cultural housing.
[Amended 6-4-1997 by Ord. No. 1997-5]
Residential dwellings on lots of 3.2 acres may be permitted in the Preservation Area, Forest Area, Agricultural Production Area, Special Agricultural Production Area, and Rural Development Area Districts, provided that:
A.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
B.
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
C.
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
D.
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
§ 110-108 Recreational facilities and open space.
[Amended 4-3-1990 by Ord. No. 1990-1]
A.
Active recreational facilities together with associated open space shall be provided for each residential development when the development exceeds five dwelling units. Recreation facilities shall be provided in accordance with the table and provisions set forth below. The table acknowledges the fact that lot sizes are adequate to provide on site for the recreation of toddlers and small children but the purpose of this provision is to protect the need of older children and adults for recreational activities that necessitate common open space. For cluster housing developments, the active recreation facilities plus parking areas shall be located in that open space area derived as a result of clustering the dwelling units. For cluster housing developments in any of the Rural Development Area Districts a maximum of 10% of the land may be deemed public open space that is to be used for active recreational facilities, provided that only land exceeding 3.2 acres per unit may be used for this purpose. The remainder of the land must be dedicated through deed restriction for no further development including no further active public open space uses. In other single-family detached housing developments, where any of the lots are less than 3.2 acres in size, 10% of the land will be dedicated for both active and passive open space, unless less land is needed in the Board's opinion based on the lot layout and arrangement and/or size and number of the lots. An area sufficient in size to accommodate the active recreation facility plus the associated required off-street parking shall be located in the common open space area, in accordance with the table set forth below:
[Amended 4-3-1990 by Ord. No. 1990-1; 9-4-1990 by Ord. No. 1990-7]
Type of Recreation Facility | Minimum Area | |
|---|---|---|
Tennis court | 10,000 square feet plus parking area | |
Basketball court | 8,000 square feet | |
Multipurpose field area | 2 acres plus parking area |
B.
No active recreational area shall be less than 8,000 square feet in area nor less than 60 feet in width. All recreational areas shall be located convenient to dwelling units. Recreational areas shall be furnished with recreational equipment as is set forth below plus landscaping and benches and appropriately sized trash disposal containers for the facility to be constructed. Said trash containers shall be fenced, screened and landscaped as necessary, based upon the type of trash disposal facility. The number of recreational facilities shall be determined by the number of units in accordance with the following table:
Dwelling Units | Basketball Courts | Tennis Courts | Multipurpose Field | |
|---|---|---|---|---|
6 - 10 | 1 | |||
11 - 15 | 1 | |||
16 - 20 | 1 | 1 | ||
21 - up | 1 | 1 | 1 |
C.
Parking spaces for off-street parking will be required for each tennis court and each multipurpose field in the same area and on the same site as that active recreation facility which it serves. Four parking spaces will be required for each tennis court and 20 spaces will be required for each multipurpose field. Paving specification for the off-street parking facility shall meet the parking standard for paving in the commercial area.
D.
A buffer area 30 feet in width shall surround the nonstreet side of each active recreational area and the parking area required to support the same. Said buffer area shall be designed, developed and maintained in accordance with the provisions for buffers set forth in § 110-91 of this chapter. Landscaping within the active recreation area itself may be used as a basis for the request for a reduction of the screening within the buffer area, and the type of active recreation facility which is bounded by a portion of the perimeter property line may also be used as a basis for a request for a reduction of the screening requirements (i.e., outfield of multipurpose field, as opposed to infield or foul lines). The adequacy of the buffering, landscaping and screening must be reviewed by the Township Engineer and/or the Township planning consultant as part of the landscape plan presented to the reviewing authority.
E.
Recreational facilities for a type different than those mentioned above may be proposed for substitution by the developer and submitted for approval of the Board. Recreational facilities shall be substituted on a dollar-for-dollar cost basis with cost figures submitted by the developer and shall be of a type to serve the same age group for whose use the original recreational facility was intended.
F.
Recreational facilities proposed for any section of the development receiving final plat approval shall be completed prior to issuance of 50% of the certificates of occupancy for said section and prior to issuance of the building permits for any abutting and adjacent dwelling unit.
G.
All active recreational facilities shall be so located where they are easily accessible for police review and inspection so as to maintain safety, peace and order, in the community.
H.
Tennis courts. Tennis courts shall be regulation size for doubles and shall contain, as a minimum, the following improvements:
(1)
Two-and-three-fourths-inch outside diameter posts set in concrete with heavy-duty cotton twine net with canvas binding with a top cable and winch.
(2)
The courts shall be surrounded with a ten-foot high chain link fence and buffer plantings as approved by the Planning Board.
(3)
One bench per court.
(4)
The courts shall be six inches of stone base, a two-inch base course, a one-inch top course, and shall be coated with a colored sealer. The sealer shall be Laykold, manufactured by Chevron, or an equivalent as approved by the Township Engineer. All of the aforesaid courses shall be subject to the review and approval of the Township Engineer.
(5)
Regulation markings shall be painted on the courts.
I.
Basketball courts.
(1)
Basketball courts shall be a minimum of 35 feet by 60 feet.
(2)
The courts shall contain two regulation backstops with nets.
(3)
The courts shall be four inches of bituminous stabilized base courts on a properly prepared subgrade acceptable to the Township Engineer and an FABC top course of 1 1/2 inches.
(4)
Regulation markings shall be painted on the courts.
K.
Recreation facilities are required based on the number of dwelling units for the project as is set forth in this chapter. Where two or more developments are proposed for construction or are in the process of construction, which developments are either adjacent to one another or are in close proximity to one another, the number of dwelling units in the two developments shall be added together to determine the type of recreation facilities needed for the area, and the responsibility for providing and constructing the recreation facilities so determined shall be allocated proportionately between or among the developments.
L.
Where, in the opinion of the Planning Board or Zoning Board of Adjustment, the general welfare of the public will be better served by construction of new or improvement to existing regional recreation areas, the applicant shall make a contribution to the Township in lieu of the provision of such open space land. Such contributions shall be placed in a special recreational open space land fund to be utilized solely for the purchase or improvement of public recreation open space, facilities or improvements thereon.
[Amended 9-4-1990 by Ord. No. 1990-7; 3-6-2007 by Ord. No. 2007-002]
(1)
The amount of the contribution shall be $3,000 per residential lot, which has been calculated based upon the actual cost of construction of recreation facilities with a typical project.
(2)
The sum of $3,000 per residential lot shall be increased 5% per year, compounded as of January 1 of each year. Each section of the project shall be subject to the figure in effect at the time each final plan application is determined to be a complete submission.
(3)
The sums due shall be paid periodically, based on the ratio of the number of lots in each final plan approval to the total number of lots of the entire development, and prior to the Township's officials signing the plans.
(4)
All contributions shall be payable to the Township of Shamong and kept in a capital reserve fund. Moneys in such fund shall not be used for wages, salaries, insurance, gasoline, telephone, advertising or printing, but shall be expended directly for land, buildings, recreation facilities, recreation equipment and facilities necessary to maintain such recreation.
§ 110-109 Cultural housing addendum.
[Added 3-2-1993 by Ord. No. 1993-3]
Residential dwelling units on lots of 1.0 acre may be permitted in the Preservation Area, Forest Area, Agricultural Production Area, Special Agricultural Production Area, and Rural Development Area Districts, provided that:
B.
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;
C.
The applicant qualifies for and receives from the Township a variance from the lot size requirement of 3.2 acres set forth in § 110-107 of this chapter;
D.
The applicant purchases and redeems 0.25 Pinelands development credits; and
E.
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 110-26D(3) of this chapter.
§ 110-110 Density transfer program.
[Added 3-2-1993 by Ord. No. 1993-3]
Residential dwelling units on lots of 1.0 acre existing as of January 14, 1981, shall be permitted in the Forest Area, RD-1, RD-3 and RD-4 Districts, provided that:
A.
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 18.6 acres if development is proposed in the Forest Area District, 3.9 acres if development is proposed in the RD-1 District, 3.2 acres if development is proposed in the RD-2 District, 3.6 acres if development is proposed in the RD-3 District and 6.7 acres if development is proposed in the RD-4 District;
B.
All lands acquired pursuant to Subsection A above, which may or may not be developable, are located within the same zoning district where development is proposed;
C.
All noncontiguous lands acquired pursuant to Subsection A above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 12-18-2012 by Ord. No. 2012-09]
(1)
The deed of restriction shall permit the parcel to be managed for:
(a)
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 110;
(b)
Where agricultural use exists on a parcel to be protected, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[3]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection C(1)(b)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection C(1)(a) above and shall not provide for continuation of any agricultural use on the parcel; and
[4]
The deed of restriction to be recorded pursuant to Subsection C(1)(b)[1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(2)
The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
D.
Tax assessments for the required noncontiguous lands are combined and assigned to the land to be developed; and
§ 110-110.1 Architecture.
[Added 2-1-2005 by Ord. No. 2005-1; amended 3-4-2008 by Ord. No. 2008-004]
At the time of major site plan and/or major subdivision approval of any nonresidential use, preliminary architectural plans and elevations shall be submitted by the applicant and approved by the Planning Board, demonstrating the aesthetic and visual impact and character of the proposed development. These architectural plans and elevations shall be binding on the applicant and, at the time of construction, the Construction Code Official shall verify that the actual construction plans are in visual conformity to the preliminary architectural plans and elevations submitted by the applicant and approved by the Board. The ultimate builder of the development, whether or not the builder was the applicant, and the applicant are responsible to ensure that the development as constructed is in visual conformity with the preliminary architectural plans and elevations submitted and approved by the Board.
§ 110-110.2 Design standards for new commercial buildings.
[Added 2-1-2005 by Ord. No. 2005-1]
A.
Entrances.
(1)
The main entrance of all commercial structures other than accessory structures shall open to the street.
(2)
The front entrance to all structures shall be defined by architectural elements, which may include porches, gable roofs, hooded pediments, transom windows, setbacks into the building plane or similar features. Front porches and gable roofs are encouraged on structures facing local residential streets. If covered porches are utilized, they must be at least four feet wide and may not be enclosed but may encroach into the front setback area a maximum of 10 feet.
B.
Building orientation for environmental efficiency.
(1)
Whenever possible, buildings will be oriented and designed to receive passive solar heat in winter and be shaded from summer sun, except where photovoltaic panels require full solar exposure all year.
(2)
Operable windows will be placed to maximize the potential for cross ventilation and natural cooling. Supplemental attic or roof venting is encouraged and will be allowed to exceed height limitations for functional and aesthetic considerations.
C.
Architectural style.
(1)
New structures may be constructed in any architectural style. However, if such structures are built using elements of Victorian, Craftsman or Bungalow, Colonial Revival or Cape Cod stylistic details, such elements shall be based upon an architectural inventory of the Township's existing historic structures. Stylistic details characteristic of other regions of the United States are discouraged. The same general types of building materials used in the original construction of these existing buildings shall be used to construct the exterior portions of new buildings.
(2)
In the case of vacant areas, new buildings shall conform to the same general architectural types found within the surrounding area.
(3)
Buildings should be designed so that wall surfaces dominate over roof projections such as cantilevered canopies, long cantilevers that are unsupported by doorway openings, or nontraditional geometric roof planes.
D.
Scale.
(1)
A human scale should be achieved near ground level on all buildings and along street facades and entries through the use of such scale elements as windows, doors, columns, porches, gable roofs, cornices, and similar details, with height of building proportional to street width.
(2)
Buildings, as viewed from the street, including building front facade area and building height, shall have at least 50% of the front facade located as close to the front lot line as is allowed by Article IX, Zoning. The placement of buildings shall reinforce the street wall, maximize natural surveillance and visibility, enhance the character of the surrounding area and facilitate pedestrian access and circulation.
(3)
Building height and scale of new buildings shall be related to the prevailing scale of surrounding development and shall be compatible with surrounding buildings in roof form and pitch. Flat roofs are discouraged.
E.
Building facades.
(1)
Building facades shall provide architectural detail and shall contain windows at the ground level in order to create visual interest and maximize outdoor surveillance and visibility. Exterior materials and appearance shall be compatible with surrounding buildings.
(2)
Long, monotonous, uninterrupted walls or roof planes shall be avoided. Buildings of 40 or more feet in width should be visually divided into smaller increments using any of the following techniques:
(a)
Divisions or breaks in materials (although materials should be drawn from a common palette).
(b)
Window bays.
(c)
Separate entrances and entry treatments; porticoes.
(d)
Variation in rooflines.
(e)
Awnings.
(f)
Building setbacks.
(g)
Pilasters, half columns or other vertical elements suggesting structure.
(h)
Turrets, stair towers, steeples or other accent elements.
(3)
The exterior materials and appearance of the rear and side walls of any building shall be similar to and compatible with the front of the building. The use of plain face concrete block as an exterior material shall be prohibited where visible from a public street or right-of-way or any residential district.
(4)
Larger buildings such as institutional, where permitted, shall be designed to reflect the same architectural massing and style as other buildings within the area. If no other single, large buildings are present in the area, then the facade of the new building shall be designed to reflect the form, mass and shape of several contiguous smaller buildings within the area.
(5)
At least 30% of the first floor facade that faces a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allow views into and out of the building. The windows shall be distributed in a more or less even manner.
(6)
A minimum of 30% of the front facade on the ground floor shall be transparent, consisting of window or door openings of clear or lightly tinted glass allowing views into and out of the interior.
F.
Permitted materials.
(1)
New commercial, industrial, and institutional buildings erected within Shamong Township shall be of masonry construction.
(2)
Exterior surfaces of all such buildings shall be faced with face brick, stone, glass, architectural concrete or precast concrete units, provided that surfaces are molded, serrated examples or treated with a textured material in order to give the wall surface a three-dimensional character. Decorative block may be acceptable if incorporated into a building design that is compatible with other development throughout the area.
(3)
Roofs shall be of heat-reflective colors and materials, unless surfaced with photovoltaic panels or a similar energy conversion system. Flat roofs are discouraged.
G.
Colors.
(1)
Colors used for exterior surfaces shall be harmonious with surrounding development and shall visually reflect the traditional concept of the Town. Examples of incompatible colors include metallics, neons and/or primary colors, which shall be limited to accents. Masonry walls shall not be painted; color shall be integral to the masonry materials.
(2)
The use of a variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character. When accent colors are proposed, the number of colors should be limited to prevent a gaudy appearance.
H.
Prohibited siding materials. No buildings shall be constructed of sheet aluminum, asbestos, iron, steel, corrugated metal, plastic or fiberglass siding. Face materials that rapidly deteriorate or become unsightly, such as galvanized metal or unfinished structural clay tile, are not permitted. No asphaltic compounds or other black or dark finish materials will be allowed on flat roofs.
I.
Mechanical equipment and utilities. All mechanical equipment, such as furnaces, air conditioners, elevators, transformers, and utility equipment, whether on the roof or mounted on the ground, shall be completely screened from contiguous properties and adjacent streets by minimum four-foot parapets, landscaping, or by materials compatible with the architectural treatment of the principal structure.
J.
Accessory structures. All accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality, and appearance to that of the principal building.
K.
Loading and service areas. Loading and service areas must be completely screened, except at access points, from ground level view from contiguous property and adjacent streets and rights-of-way.
L.
Outdoor storage. There shall be no outdoor storage of either materials or products except through the issuance of a conditional use permit.
M.
Trash handling and recycling.
(1)
All trash handling and related equipment and all areas for holding materials for recycling shall be completely enclosed and screened from adjoining properties and public streets in materials compatible with the architectural treatment of the principal structure.
(2)
Trash collection and storage areas shall be located to the rear or side of buildings.
N.
Fire escapes. Fire escapes shall be located to the rear of the buildings.
O.
Signage. Signage should be integrated as an architectural element, with attention given to the color, scale and orientation of all proposed signs in relation to the overall design of the building.
P.
Design of containment areas for designated recyclable materials on residential sites.
[Added 5-4-2010 by Ord. No. 2010-05]
(1)
Purpose. The Township of Shamong finds that reducing the amount of solid waste and conservation of recyclable materials is an important public concern and is necessary to implement the requirements of the SWMA and the County Plan. Areas for the collection of recyclables on residential properties should be designed to effectuate collection of material in a safe and sanitary manner and should be sized to meet current industry standards for volumes and containers.
(3) ACT or SWMA BURLINGTON COUNTY REGIONAL PROGRAM CLASS A RECYCLABLE MATERIAL COMMINGLED COMMON AREA RECYCLING STORAGE LOCATION CONDOMINIUM COMPLEX CORRUGATED AND OTHER CARDBOARD COUNTY CURBSIDE DESIGNATED RECYCLABLES CURBSIDE RECYCLING CONTAINER DEPARTMENT (DEP) DESIGNATED RECYCLABLE MATERIALS DSW FIBER MOBILE HOME PARK MULTIFAMILY DWELLING MUNICIPALITY MUNICIPAL SOLID WASTE PAPER PERSON QUALIFIED PRIVATE COMMUNITY RECYCLABLE MATERIALS RECYCLING RESIDENT SOLID WASTE SWMA SOURCE-SEPARATED
Definitions. As used in this subsection, the following definitions shall apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., as amended and supplemented.
The program utilized for the collection of those recyclable materials as designated by the Department of Solid Waste from residential curbside, participating multifamily and participating school collection programs.
Source-separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.
A combining of source-separated recyclable materials for the purpose of recycling.
A location designed in accordance with the land use ordinances of this municipality as required for multifamily dwellings with more than 20 residential units where curbside collection is not provided under the Burlington County Regional Program.
A group of units, arranged horizontally or vertically, where the form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
All corrugated cardboard normally used for packing, mailing, shipping or containerizing goods, merchandise or other material, but excluding plastic, foam or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.
Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.
A container(s) provided by the municipality or persons for the temporary storage of recyclable materials within the residential unit(s).
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source-separated in this municipality including but not limited to aluminum cans, antifreeze, consumer electronics, corrugated cardboard, fluorescent lights, glass containers, lead acid batteries, leaves, metal appliances, paper, plastic bottles (coded Nos. 1 and 2), rechargeable batteries, steel (tin) cans, textiles, tires and used motor oil.
The Burlington County Department of Solid Waste, its successors and assigns.
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books, chipboard, corrugated and other cardboard and similar cellulosic material whether shredded or whole, but excluding wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, blueprint paper, food-contaminated paper, soiled paper and cardboard.
Any park, including a trailer park or camp, equipped to handle mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7 et seq.
Any building or structure or complex of buildings or structures in which three or more dwelling units are rented or leased or offered for rental or lease for residential purposes; whether privately or publicly financed, except hotels, motels or other guest houses serving transient or seasonal guests as those terms are defined under Subsection (j) of Section 3 of the Hotel and Multiple Dwelling Law, P.L.1967, c. 76 (N.J.S.A. 55:13A-1 et seq.) and N.J.S.A 40:66-1.2 et seq.
The Township of Shamong located within the County of Burlington, State of New Jersey.
Residential, commercial and institutional solid waste generated within a community.
All newspaper, fine paper, bond paper, junk mail, office paper, magazines, paperback books, school paper, catalogs, computer paper, telephone books and similar cellulosic material whether shredded or whole, but excluding tissue and towel paper, wax paper, plastic- or foil-coated paper, thermal fax paper, carbon paper, NCR paper, blueprint paper, food-contaminated or soiled paper.
Any individual, firm, partnership, corporation, association, cooperative enterprise, trust, municipal authority, federal institution or agency, state institution or agency, municipality, other governmental agency of any other entity or any group of such persons, which is recognized by law as the subject of rights and duties.
A residential condominium, cooperative or fee simple community or horizontal property regime, the residents of which do not receive any tax abatement or tax exemption related to its construction comprised of a community trust or other trust device, condominium association, homeowners' association or council of co-owners, wherein the cost of maintaining roads and streets and providing essential services is paid for by a not-for profit entity consisting exclusively of unit owners within the community. No apartment building or garden apartment complex owned by an individual or entity that receives monthly rental payments from tenants who occupy the premises shall be considered a qualified private community. No proprietary campground facility, as defined in Section 1 of P.L.1993, c.258 (N.J.S.A. 45:22A-49), shall be considered to be a qualified private community.
Materials that would otherwise become solid waste that can be separated, collected and/or processed and returned to the economic mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become solid waste, are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.
Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials, as defined in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.
The New Jersey Solid Waste Management Act, as amended.
Recyclable materials separated from the solid waste stream at the point of generation.
(4)
Design of containment areas.
(a)
Design standards for common area recycling storage locations.
[1]
In accordance with the municipal recycling ordinance located at Chapter 143-5, et seq., every multifamily, qualified private community and mobile home park within the Township of Shamong shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
[2]
Each common area recycling storage location shall, at a minimum, conform to the following standards:
[a]
The dimensions of the recycling storage location shall be sufficient to accommodate recycling containers which are of size and number as required by the DSW and which are consistent with current methods of collection utilized by the Burlington County Regional Program or the private collection company being utilized. The following tables indicate the minimum container capacity requirements for weekly recycling service and common container dimensions.
Minimum Container Capacity Requirements for Weekly Recycling Service | ||
|---|---|---|
Dual Stream Collection | Fiber (paper and cardboard) | Commingled (bottles and cans) |
Non-Age-Restricted Complex | One cubic yard of capacity for every 15 dwelling units | 0.47 cubic yards (96 gallons) of capacity for every 18 dwelling units |
Age-Restricted Complex | One cubic yard of capacity for every 20 dwelling units | 0.47 cubic yards (96 gallons) of capacity for every 24 dwelling units |
Single Stream Collection | Fiber and Commingled | -- |
Non-Age-Restricted Complex | 2 cubic yards of capacity for every 20 units | -- |
Age-Restricted Complex | 1.4 cubic yards of capacity for every 20 units | -- |
Common Container Dimensions | |||
|---|---|---|---|
Size | Length (inches) | Width (inches) | Height (inches) |
1 cubic yard | 72 | 24 | 29 |
2 cubic yards | 72 | 34 | 45 (rear) / 34 (front) |
3 cubic yards | 72 | 43 | 48 (rear) / 40 (front) |
4 cubic yards | 72 | 51 | 56 (rear) / 46 (front) |
6 cubic yards | 80 | 66 | 71 (rear) / 47 (front) |
8 cubic yards | 80 | 71 | 86 (rear) / 53 (front) |
[b]
Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.
[c]
The recycling storage locations shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably co-located, but clearly separated from, refuse containers.
[d]
Outdoor recycling storage locations shall include a concrete pad of the size specified herein. The dimensions of the recycling storage location shall provide sufficient area for the required container(s).[2]
[2]
Editor's Note: See the Common Area Recycling Storage Location (Dual Stream) Detail diagram, included at the end of this chapter.
[e]
The recycling storage locations 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 areas without interference from parked cars or other obstacles. The following turning template can be used to plan vehicular accessibility to recycling storage locations:
COLLECTION VEHICLE APPROACH DETAIL |
 |
[f]
Reasonable measures shall be taken to protect the recycling areas and the bins or containers placed therein against theft of recyclable materials or the bins or containers themselves.
[g]
Signs, as approved by the DSW, clearly identifying the recycling areas and the materials accepted therein shall be posted adjacent to all points of access to the recycling areas.
[h]
Each recycling area shall be enclosed on three sides by a solid fence or masonry enclosure six feet in height and shall be surrounded by landscaping. A durable closable access gate on the fourth side should be provided.
(b)
Recycling container storage design standards; new residential construction. In order to facilitate recycling in all new construction, and to avoid the creation of unhealthful or cramped storage situations, sufficient storage shall be available for recycling containers within all new construction of residential housing.
[1]
Recycling storage locations. Curbside recycling container storage locations shall not include basements that require the negotiation of stairs, or any location either above or below finished grade. Locations shall be on a hard-wearing, smooth continuous surface with access to a path with a width no less than three feet and headroom of not less than seven feet.
[2]
Single-family and two-family dwellings. Each residential dwelling unit shall be designed to provide a curbside recycling storage container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the property survey. This shall be done at the time of subdivision approval, if applicable, or at the time of zoning or building permit application.
[3]
Multifamily and condominium complex dwellings. Curbside recycling container storage locations shall be provided for each multifamily and condominium complex dwelling where common area recycling storage locations are not otherwise provided. Each multifamily and condominium complex dwelling unit shall be designed to provide a curbside recycling container storage location containing at a minimum, dimensions (length by width by height) of no less than 36 inches by 32 inches by 84 inches per unit. The location shall be clearly marked as such on floor plans of the dwelling unit if to be located inside the dwelling unit. If to be located outside the dwelling unit, adequate storage space for the container shall be identified on the site plans or subdivision plans.
(5)
Construction. The terms and provisions of this subsection are to be liberally construed, so as best to achieve and to effectuate the goals and purposes hereof. This subsection shall be construed in pari materi with the SWMA and the County Plan.
§ 110-110.3 Design standards for existing structures.
[Added 2-1-2005 by Ord. No. 2005-1]
A.
Existing structures within Shamong Township are encouraged to be retained as part of the new development and may be adapted to appropriate uses.
B.
Existing structures, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development.
C.
The Secretary of the Interior's Standards for Rehabilitation of Historic Buildings shall be used as the criteria for renovating historic architecturally significant structures.
§ 110-110.4 Clustering in the Forest and Rural Development Areas.
[Added 12-7-2010 by Ord. No. 2010-14; amended 12-18-2012 by Ord. No. 2012-09]
A.
In the Forest Area, RD-1, RD-2, RD-3 and RD-4 Districts, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
(2)
The number of residential lots permitted within the cluster shall be calculated based on the size of the parcel of land and the density permitted in Subsection A(1) above, with a bonus applied in accordance with the following:
(a)
Bonus density.
Parcel Size | RD-1, RD-2 and RD-3 Districts | RD-4 District | Forest Area District | |
|---|---|---|---|---|
Less than 50 acres | 0 | 0 | 0 | |
50 to 99.99 acres | 10% | 15% | 20% | |
100 to 149.99 acres | 15% | 20% | 25% | |
150 acres or more | 20% | 25% | 30% |
(b)
The bonus density in Subsection A(2)(a) above shall not apply to parcels in common ownership as of April 6, 2009. In order to be eligible for the bonus density provided in Subsection A(2)(a) above, an applicant must document the acquisition of additional vacant, contiguous land on or after April 6, 2009. Such land must be included in the application for cluster development and result in the preservation of a larger area of open space. Upon the acquisition of such lands, the bonus density set forth in Subsection A(2)(a) above shall apply to the entire contiguous parcel which is the subject of the cluster development application.
(3)
The residential cluster shall be located on the parcel such that the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(b)
All residential lots shall meet the minimum bulk standards of § 110-129A(3)(a)[1];
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 110-32B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(5)(c) below, individual on-site septic wastewater treatment systems shall comply with the standards of § 110-32B(5) or (7). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 110-32B(5) or (7) shall also be permitted;
(d)
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
(5)
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, Shamong Township or incorporated as part of one of the lots within the cluster development area.
(a)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Shamong Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Attorney, the Zoning Officer and the Pinelands Commission; and
(b)
Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 110;
(c)
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;
[3]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(5)(c)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(5)(b) above and shall not provide for continuation of any agricultural use on the parcel;
[4]
The deed of restriction to be recorded pursuant to Subsection A(5)(c)[1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[5]
For parcels which meet the standards of Subsection A(5)(c)[1] or [2] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
(6)
With regard to any residential clustering application or proposal, clustering shall only be permitted on contiguous lands, as defined in § 110-4 and at N.J.A.C. 7:50-2.11 and shall include the entirety of the property in the same ownership, such that all contiguous lands under common ownership must be included in the application and plan. Dedicated and public paved streets shall be deemed to make land noncontiguous for the purposes of this section.