Accessory buildings as part of principal buildings.

Location.

Garages and carports in residential districts. Garages and carports for not more than three vehicles may be constructed on a lot. Not more than one commercial registered vehicle owned or used by the resident shall be permitted in a residential zone. This provision shall not be deemed to limit the number of commercial cars or trucks used in conjunction with a permitted agricultural use. A residential garage shall not be used for commercial purposes.

Satellite dish antennas.

Sustainable energy facilities.

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agricultural, the Natural Resources Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.

In the Agricultural District a resource conservation plan shall be submitted in accordance with § 176-108.

Right to farm. All agricultural operations in the AG District shall be exempt from any ordinance or regulation which inhibits efficient crop production, including, but not limited to, ordinances and regulations imposing time limits on operation, dust limits and odor restrictions, except those ordinances and regulations that are strictly necessary for the maintenance of public health.

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

Any application for a proposed development that will generate substantial vehicular traffic or space heating emissions, in addition to the submission requirements of Article VII, shall submit a traffic study and air quality report in accordance with § 176-109, containing information relative to the impact of the proposed development on air quality, to ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines. Smoke of a shade not darker than No. 2 on the Ringelmann Chart may be emitted for not more than four minutes in any thirty-minute time period. These provisions, applicable to visible gray smoke, also shall apply to visible smoke of a different color, but with an equivalent apparent opacity.

No emission of dust, dirt, fly ash, fumes, vapors and gases shall be made which can cause any damage to health, animals or vegetation or other forms of property or which can cause any noticeable soiling at point. No emission of liquid or solid particles from any chimney, etc., shall exceed 0.3 grains per cubic foot of the covering gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500° and 50% excess air.

Agricultural animals. Agricultural animals, as defined in § 176-9 of this chapter, with the exception of horses and chickens or ducks in residential zones, may be kept and maintained only if the following conditions are met.

Horses. Horses are permitted on lots in all zoning districts of one acre or more, exclusive of buffers, easements and other specific restrictions, if the following conditions are met:

Chickens and ducks are permitted on Residential Zoned lots in accordance with the following table:

Properties between 0.5 acres up to less than five acres shall be permitted to have up to 12 chickens or ducks in accordance with the following table:

General requirements.

General requirements.

Apartments and condominiums.

Townhouses.

Bicycle lanes, where provided, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflector or curbs shall not be used.

Dimensions and construction specifications of bicycle paths shall be determined by the number and type of users and the location and purpose of the bicycle path. A minimum of eight feet paved width should be provided for two-way bicycle traffic and a five feet width for one-way traffic.

Bicycle lanes shall be four feet wide, or wide enough to allow safe passage of bicycles and motorists.

Bicycle-safe drainage grates shall be used in the construction of all residential streets.

Function and materials. Buffering shall provide a year round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It may consist of fencing, a mixture of deciduous trees and evergreens, berms, rocks, boulders, mounds, or combinations to achieve the stated objectives. Any required landscaping in a buffer area shall comply with the vegetation standards specified in § 176-72.

When required.

Dimensions.

Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, or broken rows. If planted berms are used, the minimum top width shall be four feet and the maximum side slope shall be 2:1.

Planting specifications. Plant materials shall be sufficiently large and planted in such a fashion that a screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.

Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season. Dead or dying plants shall be replaced by the developer or owner during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the landscaped buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

Scenic corridors.

Screening.

The capital improvement program in each year's annual municipal budget, as mandated by N.J.S.A. 40A:4-43, is incorporated herein as the annual capital improvement program for the Township.

Where available, in the discretion of the Planning Board and subject to the requirements of § 176-28, in order to promote the public health, safety and welfare in potable water and safe water supply, all developments approved after the effective date of this chapter shall, where available, use public water in lieu of individual wells. If individual wells are used, they shall be a minimum of 100 feet in depth, unless the well penetrates an impermeable clay aquiclude, in this case the well shall be drilled and cased to at least 50 feet. All private wells shall be designed and installed in accordance with the standards of the Township, county or state agency having jurisdiction.

In order to provide for sufficient residentially zoned property to be eligible for an increase in density to accommodate transferred development credits and to ensure sufficient revenues to provide for the repayment of Township obligations for capital improvements and infrastructure necessary to accommodate said increased densities; to promote compliance with the energy conservation standards in § 176-63; to regulate growth so development occurs on lands suitable for development based on analysis of the natural resource inventory and considering the cumulative impact on developable lands as a result of construction; to encourage the desired growth and densities only in areas where the Master Plan anticipates development and the growth of services to serve said development; and to achieve a sufficient variation in the quality and type of tax rebates among residential, commercial and industrial development to reduce the demand on various Township services, including schools occasioned by predominately residential development, the following standards shall apply with regard to public sewer:

No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.

Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface or groundwater or surface of any land:

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface that shields the facility from precipitation.

In accordance with the CMP, no hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic or nuclear waste shall be stored, discharged or disposed of on any land within the Township. Liquid or dewatered sludge may only be applied as a part of a land application program for agricultural purposes when also approved by the NJDEP.

No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without there having first been obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.

There must be a demonstrated need for the facility to serve the local communication needs of the Pinelands, including those related to public health and safety, as well as a demonstrated need to locate the facility in the Pinelands in order to provide adequate service to meet these needs.

The supporting structure shall be designed to accommodate the needs of any other local communications provider which has identified a need to locate a facility within an overlapping service area.

The antenna shall utilize an existing communications or other suitable structure to the extent practicable.

If an existing communications or other suitable structure cannot be utilized, the antenna and any necessary supporting structure shall be located such that it:

Applicability. All development in Waterford Township shall demonstrate conformance to the design and performance standards of this article. The streets, drainage, rights-of-way, school sites, public parks, playgrounds and playfields, scenic areas, historic sites and flood control basins shown on the Master Plan shall be considered in the approval of all development. To the extent consistent with the reasonable utilization of land, site design shall promote the conservation of energy through the use of planning practices designed to reduce energy consumption and to provide for maximum utilization of renewable energy sources.

Approvals required.

Planning studies. On occasion the Township Committee may authorize the Planning Board to complete specialized planning studies in conjunction with the Master Plan. Upon adoption of any such study into the Master Plan by resolution of the Planning Board, the standards, goals and recommendations of said planning study shall be considered by the approving authority in evaluating any application for development proposed for the area or zone covered by such studies, and the applicant shall address such standards, goals and recommendations of the study in the application for development.

Character of the land. Land which the approving authority finds to be in areas having severe or moderate soil characteristics, particularly as the land relates to flooding, improper drainage, steep slopes soil conditions, adverse topography or other features which can reasonably be expected to be harmful to the health, safety and general welfare of present or future inhabitants of the development and/or its surrounding areas shall not be subdivided, and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting the requirements of this chapter.

Plats straddling municipal boundaries. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Whenever access to a development is required across land in an adjoining municipality as the exception, the approving authority shall require documentation that such access is legally established and that the access road is adequately improved, conforms to sound planning principles, and will not create a hardship upon the furnishing of municipal services, such as police and fire protection, snow removal, school bus service, and trash collection.

Residential dwelling units on 3.2 acre lots are permitted in the Recreation/Conservation, Agricultural and Preservation Districts, provided that:

Residential dwelling units on lots of 1.0 acre are permitted in the Recreation/Conservation, Agricultural and Preservation Districts, provided that:

Concrete curb and gutter, concrete curb, or bituminous concrete curb shall be installed along every street within a development; at all intersections with Township roads, state and county highways; where stormwater velocities exceed the erosion velocities specified in the "New Jersey Soil Erosion and Sediment Control" standards; and for traffic channelization and control. The standard curb section to be used shall not be more than 20 feet in length, with a scored joint every 10 feet, and shall be set in accordance with approved lines and grades.

Where curbing is not required, edge definition and stabilization shall be furnished for safety reasons, and to prevent pavement unraveling.

Where drainage inlets are constructed but curbs are not required, curbing must be provided at least 10 feet on each side of the inlet, set back one foot from the extension of the pavement.

Radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited.

All curbing shall be eight inches at the base by 18 inches in height and six inches at the top with a six inches reveal. Concrete used shall be Class B concrete having a twenty-eight-day compressive strength of 4,500 pounds per square inch and shall be air entrained.

Depressed curb ramps for the handicapped shall be installed at all radii in accordance with the requirements of New Jersey Public Laws Chapter 5, Sections 200 and 201, and requirements set forth in Title 23, United States Code, "Highways", Section 402, Paragraph (b)(I)(F).

Scope and purpose.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the NJDEP Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds to the CMP definition.

Stormwater management requirements.

Calculation of stormwater runoff and groundwater recharge.

Sources for technical guidance.

Solids and floatable materials control standards.

Safety standards for stormwater management basins.

Requirements for a site development stormwater plan.

Maintenance and repair.

Variances.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties: A notice to cease and desist and a fine of $2,000 a week until violation is corrected or remedied.

Utility easements along property lines or elsewhere for public purposes may be required. Such easements shall be a minimum of 20 feet wide for one utility, with another five feet for each additional utility, and shall be located in consultation with the companies and Township departments concerned and, to the fullest extent possible, shall be centered on or adjacent to lot lines. Utility easements along street lines shall be a minimum of 10 feet wide.

No plantings will be permitted along public rights-of-way or within utility easements where such plantings will contact utility lines or wires or where plantings will require routine maintenance to prevent contact with utility wires.

Conservation easements and floodplains shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined. The removal of trees and ground cover shall be prohibited in such easements except for the following purposes:

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines, except when a lot line forms the side or center line of the easement.

Whenever the internal grading of a lot is part of the design of the drainage of stormwater systems, as by swale, berm or other topographical feature designed to intercept or direct water, the same shall be designed as an easement on the map to be filed, or shall be dedicated by recorded instrument, in such a way as to give notice to future owners of said property and to ensure continued maintenance of such drainage feature. The recorded instrument or filed map shall contain a metes-and-bounds description of the easement, as well as an outline of the rights of the grantee in such easement, including but not limited to construction, reconstruction, replacement, repair, maintenance and enlargement of the facilities within the easement.

Electronic equipment, including all devices for transferring and receiving electronic signals, shall be shielded so that there is no interference with any radio or television reception beyond the operators' property or dwelling unit as a result of the operation of such equipment.

All electric or electronic devices shall be subject to the provision of Public Law 90-602, 90th Congress, HR10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation" and the New Jersey Uniform Construction Code.[1]

All development shall be carried out in a manner that promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of streets, buildings, landscaping and the like to permit solar access and the use of energy conservation building materials.

Wherever feasible, the approving Board shall require bike paths to be included in major site plans and major subdivisions.

Generally.

Materials and composition.

Regulations in residential districts.

Regulations in nonresidential districts.

All applications for development in the Township shall demonstrate conformance with the standards for fire hazard mitigation per N.J.A.C. 7:50-6.124.

The potential fire hazard for any parcel of land proposed for development shall be determined according to the following fire hazard classes:

All applications for development shall determine the appropriate fire hazard class by referring to the vegetation map in the natural resources inventory, supplemented by an on-site inspection to determine true height and spacing, as is necessary.

For lands classified as moderate, high and extreme fire hazard areas, all roads shall conform with the following standards:

The Fire Official shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus. Fire lanes shall be a minimum of 18 feet in width.

Fire Department access shall be provided and maintained to all buildings undergoing construction, alteration or demolition. Fire Department access roadways shall be of an approved surface material capable of providing emergency access and support at all times. Fire Department access roadways shall be a minimum of 18 feet in unobstructed width.

For lands classified as moderate, high and extreme hazard areas, a fire hazard fuel break shall be provided around structures proposed for human use, by selectively thinning, mowing, or pruning and maintaining on an annual basis, the shrubs, understory trees, bushes and ground cover and removing all dead plant material. These fuel breaks shall be at widths, measured outward from the structure, as follows:

Fire hazard fuel breaks within lands classified as extreme fire hazard areas shall contain no pine tree (Pinus Species) that is within 25 feet of another pine tree.

All applications for development of 100 or more dwelling units on lands classified as high or extreme fire hazard areas shall have a two-hundred-foot perimeter fuel break between all structures and the forest in which:

All new structures proposed for development in the Township shall meet the following specifications:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

Prescribed burning, clearing and maintaining of fire breaks.

Planning Board powers. The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to § 176-70D(3) below.

Authority to issue certificates of appropriateness.

Effect of issuance of certificate of appropriateness. The effect of the issuance of a certification of appropriateness is as follows:

Cultural resource survey required.

Documentation of resources. Resources shall be documented in accordance with § 176-106E.

Discovery of resource during construction. If archaeological data is discovered on site any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification Reporting and Data Recovery" (36 CFR 66).

In order to secure property improvement and maintenance of all common open space in any proposed housing development, the landowner shall provide for and establish an organization for the ownership and maintenance of any common open space not dedicated to and accepted by the Township. Such organization shall not be dissolved nor shall it dispose of any common space, by sale or otherwise (except to an organization conceived and established to own and maintain the common open space), without first offering to dedicate the same to the Township or other governmental agency designated by the Township. The Planning Board shall make findings concerning the operation of the organization for the ownership and maintenance of any common open space. It shall consider the following:

In the event that the organization established to own and maintain common open space, or any successor organization, shall, at any time after establishment of the development, fail to maintain the common open space in reasonable order and condition in accordance with the plan, the municipality may serve written notice upon such organization or upon the residents and owners of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days, and shall state the date and place of a hearing which shall be held within 14 days of the notice. At such hearing, the municipality may modify the terms of the original notice of the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice, or in the modifications thereof, shall not be cured within said 30 days or an extension thereof, the municipality, in order to preserve the taxable values of the properties within the planned development and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents and owners of the development, to be held by the municipal authority, at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the municipality should not continue for a succeeding year. If the Township shall determine that such organization is not ready and able to maintain said common open space during the next succeeding year and subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a tax lien on said properties. The municipality at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the development.

Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development or other owners of property or interest in the project. Required membership and the responsibilities of the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro-rata share of the organization's costs. The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization shall not be dissolved nor shall it dispose of any of its open space or property without offering to dedicate the same to the Township.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles or incorporation of the organization, and the fact that every tenant and property owner shall have the right to use all common property. These shall be set forth as a condition of approval and shall be submitted to the Township Attorney prior to the granting of final approval of the development.

The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall stipulate that control of the organization shall be transferred to the members based on percentage of the dwelling units sold and/or occupied. Further, these instruments shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b, and if it becomes necessary for the Township to provide maintenance, the imposition of a lien, as set forth in N.J.S.A. 40:55D-43, shall be followed.

Conformance.

Street (shade) trees. For all land development devoid of major trees along arterial and collector streets of a development, and along proposed roads and street rights-of-way where natural woods are not present, and where, due to construction, the entire right-of-way is cleared, the following provisions shall apply:

General landscaping provisions.

Vegetation.

Ground cover and mulch.

Grasses.

Protection of existing plantings.

Planting procedure. Any vegetation delivered to a site, which is not planted immediately, shall be heeled-in to prevent desiccation. Trees and bushes should be planted according to the following recommended horticultural procedures:

Staking procedures. Trees over six feet in height must be staked in the following manner:

Mulching.

Wrapping. Each deciduous tree shall be wrapped with an expandable paper or cloth treated to last at least one year to prevent sunscald.

General standards.

Illumination levels. The maintained footcandles of illumination recommended at ground level are as indicated in the following table:

Luminaries.

Light pollution or light intrusion.

Mounting height. The maximum mounting height of pole-mounted luminaries shall be 25 feet or the height of the building, whichever is less. In no case shall the standards be less than 12 feet high.

Security lighting. All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall be adequately illuminated for safety and security reasons from sunset to sunrise. Lighting used to illuminate off-street parking and loading areas shall be arranged to reflect the light away from residential premises and public streets.

Streetlighting. Plans accompanying all applications for development shall include the location of all proposed streetlights of a type supplied by the utility and a type and number approved by the Board and/or Township Engineer. Streetlights shall be provided at the entrance from collector roads, at all major changes in direction in roads, at all intersections and anywhere else deemed necessary for safety reasons.

Pedestrian lighting. Pedestrian lighting shall be in a height range between one foot and 12 feet high.

Information to be submitted. The following shall be submitted for review and approval of all lighting systems:

General provisions.

Corner lots. Any building on a corner lot or at the intersection of driveways, access aisles or on-lot circulation drives shall not interfere with any required site triangle. On all corner lots, the widths of all yards abutting upon streets shall not be less than the minimum front yard depth required for the zone, unless otherwise provided for in this chapter.

Flag lots.

Yards.

Monuments.

Physical characteristics of the site shall be located on all base plans, and methods for preservation shall be outlined.

The Planning Board shall inquire into the means whereby trees and other natural features shall be protected during construction. Clearing a site of topsoil, trees and natural features before the developer has received all required permits and approvals shall not be permitted.

Recognized nonconforming uses. Preexisting lawful nonconforming uses, as listed in the Township's Master Plan, shall be permitted to continue. The owner/operator of any preexisting nonconforming use not listed in the Township's Master Plan shall apply to the Land Use Board in accordance with § 176-34C for a certification of preexisting use within one year of the effective date of the adoption of this chapter.

Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner or if a nonconforming use involving a structure is discontinued for 12 consecutive months, or if a nonconforming use of land ceases for a period of 12 months. The subsequent use of the abandoned building, structure and/or land shall be in conformance with this chapter.

Restoration. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Construction Official. If, in the opinion of the Construction Official, the cost of repair is greater than 60% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 60% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided that it is rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.

Repairs and maintenance. Repairs and maintenance may be made to a nonconforming use, structure or lot, provided that the work does 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 increase the nonconforming purpose or nonconformity in any manner.

In the event a nonconforming use or structure becomes vacant, sold, leased or if there is any other change of ownership or tenancy, a certificate of preexisting nonconforming use shall be required from the Land Use Board purusant to N.J.S.A. 40:55D-68 before that use may be continued.

General regulations.

Location of parking and loading areas.

Driveways and accessways.

Residential off-street parking requirements.

Nonresidential off-street parking requirements.[1]

Handicapped parking.

Dimensions.

Off-street loading and unloading (shipping and receiving areas).

Staged development relief. Where the total number of off-street parking spaces required may not be immediately required for a particular use, a staged development plan may be permitted which requires that only a portion of the parking area, but not less than 65% of the required spaces be completed initially, subject to the following regulations:

Parking areas, driveways and loading berths.

Residential driveway paving. Residential driveways may be paved with an impervious material if there are no restrictions in a certificate of filing issued by the Commission that the subject parcel must have a driveway of crushed stone or gravel. The design and construction of the driveway shall be reviewed as an administrative site plan and approved by the Township Engineer to ensure grading meets the requirements of this chapter.

Unless otherwise specified in this chapter, no more than one principal dwelling or building shall be permitted on a lot, except that shopping centers, industrial and office complexes, two-family dwellings, multifamily complexes and condominium and townhouse developments receiving site plan approval may be permitted to have more than one building on a lot, provided that the structures comply with the setback and yard provisions of this chapter.

Every principal building shall be built upon a lot with frontage upon a public street or streets improved to meet the Township's standards or accepted by the Township.

No more than one principal use shall be permitted on a lot except as otherwise permitted in this chapter for forestry, agriculture, horticulture, fish and wildlife management, and, on agricultural lands, recreation development.

General.

Land area standards of recreational areas.[1]

Facility standards. Recreational facilities in accordance with the following schedule shall also be provided to the extent recreational facility needs are generated by the proposed development. An analysis of the recreational facility needs of a proposed development within a specific service area around the development shall be conducted by comparing the following schedule of facility standards with existing recreational facilities within the service area and the projected population of the service area:

Residential.

Nonresidential. Each application for a nonresidential use that utilizes 1,000 square feet or more of land must include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly generation, including newspapers, leaves, white high-grade paper, glass bottles and jars, aluminum, corrugated cardboard, and tin and bimetal cans. The application shall provide a storage area to contain a week's accumulation of recyclable material.

General area requirements.

Dry sewer lines. In the event of approval of the use of individual subsurface disposal systems on lands located within the existing or proposed sewer service area according to the Waterford Township Wastewater Facilities Plan, the Planning Board additionally may require the installation of sewer lines, which must include connections to each building, for future use when public sewage treatment facilities are provided to serve the realty improvements to be constructed in the development. Until such time that the dry sewer lines are made operational and public sewage treatment facilities are provided to the site, the density provisions specified within § 176-110 for development with septic systems shall prevail.

Construction of dry sewer lines. The end of all dry sanitary sewer building connection lines shall have a tamper-proof plug or cap, temporarily sealed with a material that can be removed to utilize the fitting when the system is to be activated. The Plumbing Subcode Official or the Plumbing Inspector shall affix an adhesive-backed disc on the cap or plug bearing a preprinted message and instructions related to tampering and future use, that will be sufficient to alert and warn the original and subsequent occupants of the building. The capping and plugging shall be performed by the developer at his expense.

Additional standards.

Sidewalks along all streets are not required, but they shall be installed at the direction of the approving authority's discretion, depending on the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, of Class C concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch, and shall be air-entrained.

Sidewalks as required in Subsection A above shall, where adjoining existing sidewalks, be so designed as to match alignment and grade of the adjoining sidewalks.

Sight triangles shall be required at each quadrant of an intersection of streets, or streets and driveways, involving collector and arterial streets in the Township. The classification of existing and proposed streets shall be designated by the Township Engineer at the time of approval of a new street. The area within sight triangles shall either be dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street set aside on a subdivision or site plan as a site triangle easement.

At the intersection or interception of two or more streets, no hedge, fence or wall, nor any obstruction to vision, shall be permitted within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines.

Scope. In all zoning districts of the Township of Waterford, signs may be erected, altered, maintained, used, replaced, removed or moved only in compliance with the provisions of N.J.A.C. 7:50-6.107 and this section, except that any sign inside the structure or building which is not visible from outside the building or structure is excluded from the requirements.

Definitions. As used in this section, the following terms shall have the meanings indicated: