Weymouth City Zoning Code
ARTICLE IX
Conditional Uses
§ 155-133 Intent; scope.
Recognizing that certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the Township and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the municipal agency with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the municipal agency during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the municipal agency shall be guided by the following standards and principles:
A.
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and the reasonable consideration is afforded to the following:
(1)
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2)
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3)
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4)
The need for such facility or use(s) to serve the area in which it is to be located.
(5)
The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).
(6)
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(7)
The adequacy of proposed outdoor lighting.
(8)
Compliance with standards, principles and objectives of the Master Plan.
(9)
Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this chapter.
C.
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D.
Conditional uses shall adhere to the additional standards specified for the particular use under this article except where no additional standards are specified herein.
E.
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
§ 155-134 Boarding kennels and veterinary services.
Boarding kennels and veterinary services may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Kennels or animals hospitals having open pens or cages shall be located on a land parcel having a minimum of five acres, a minimum width of 500 feet and a minimum roadway frontage of 500 feet and shall be set back at least 200 feet from all lot lines.
B.
In cases where the use is to be carried on within a completely enclosed, soundproof building, it must observe zone lot and yard requirements.
C.
In the PFA-25, PFA-20 and PFA-10 zones, the use may be permitted, provided that:
(1)
No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, form the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and
(2)
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
§ 155-135 Campgrounds.
Campgrounds may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Campgrounds may be established or expanded for use during the months of April through November only, after site plan review and approval by the Planning Board as provided in § 155-62, subject to the following provision and standards as well as other applicable Township ordinances, county health regulations and the provisions of Chapter XI of the New Jersey Sanitary Code and the New Jersey Pinelands Comprehensive Management Plan.
B.
The Planning Board shall either approve or disapprove a campground site plan within 60 days after the submitted application and plan has been determined to be complete by the Secretary of the Planning Board. The Planning Board shall either approve or disapprove a campground site plan within 60 days after the submitted application and plan has been determined to be complete by the Secretary of the Planning Board. If the submission is determined to be incomplete by the Secretary of Planning Board, the Secretary shall notify the applicant as soon as possible; however, in no event later than 45 days after submission of the application. No application shall be scheduled for public hearing until determined to be complete. In the event that the Planning Board fails to approve or disapprove the site plan within the 60 days as provided above, it shall be deemed to have been approved and the Township Clerk shall verify such approval. A copy of the approved plans shall be forwarded by the Planning Board Secretary to the Township Zoning Officer.
C.
Subsequent to such time that a campground site plan has been approved, a building permit issued, and upon completion of all required improvements as set forth in the approved site plan, the Zoning Officer shall cause the site to be inspected, and, if the site is deemed to be in compliance with the terms of the site plan approval and with all applicable ordinances and statutes, the Zoning Officer shall issue a certificate of occupancy. Campgrounds shall also comply with any licensing requirements of the Township.
D.
As part of the application for any campground site plan review, six copies of an environmental impact statement shall be prepared and submitted by the applicant. The environmental impact statement shall be prepared according to the guidelines for the preparation of such statements published by the New Jersey Pinelands Commission within the Pinelands Area, two copies of which shall be on file with the Township Clerk. In reviewing the environmental impact statement, the Planning Board shall solicit technical review and comment from its own consultants and appropriate officials of the Pinelands Commission.
E.
Construction authorized under an approved site plan must be completed in all respects as provided in the site plan approval within two years of the date of such approval. Failure of the applicant to complete construction within two years will render the approval null and void, and any actions taken in furtherance of any development shown on the site plan subsequent to the expiration of the two-year period shall constitute a violation of the Zoning Ordinance in the same manner as if no site plan had been approved for the property. For good cause shown, the Planning Board may extend such site plan approval for one additional period of two years. Each illegally occupied campsite shall be deemed to constitute a separate and distinct offense for each day during any part of which such violation is permitted to exist.
F.
Special requirements. The permission to establish or enlarge a campground in the Township and the review and approval of an application therefor shall be subject to the following special standards and requirements:
(1)
A campground shall be permitted, provided that:
(a)
The parcel proposed for campground use has an area of at least 50 acres;
(b)
The campground use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impermeable surfaces.
(2)
In order to provide an adequate buffer area to protect the natural condition of the forest floor; to protect the integrity and purity of the streams and other surfaces and groundwater resources; to ensure natural surroundings for campers; and to preserve the right of adjoining property owners to enjoy the full use of their premises, no campsite, campground facility or structure, except a roadway or drive giving access to a public highway, shall be less than 50 feet from a public highway right-of-way line, street, lake, swamp or wetland; or less than 75 feet from an adjoining property line. Any surface or subsurface sewerage disposal facility or operation shall be located at least 300 feet from any stream or other surface water body. All of the above-listed setbacks, except that relating to sewerage disposal, shall be excluded when computing the allowable density for the campground. In all of such common open space buffer areas, the land form shall remain undisturbed and only the normal maintenance practices carried out.
(3)
Where a campground borders any body of water, natural or artificial, including but not limited to streams, creeks, ponds, lakes and bays, the owner shall at all times provide free and open access to the Township and its agents for the purpose of stream channel maintenance. Access shall be provided to the body of water and to all lands with 50 feet of the shores thereof; provided, however, that no work shall be done which will result in substantial changes to the natural topography of the property, nor shall any work or operations be commenced which will substantially interfere with the use and quiet enjoyment of the property, unless prior permission of the owner has been obtained.
(4)
Common open space are designed for active recreational activity of at least two acres shall be provided for each 100 campsites or portion thereof for which the campground is designed. All improvements for such recreation areas shall be shown on the site plan submitted for review. Common open space recreation areas shall not be included in the total campground acreage for computation of permitted campsite densities and shall be in addition to, and apart from, all required setback area. Campground shall be considered a use primarily suited to wooded areas. Any open fields included in a campground may be utilized for common open space recreation areas, common open space buffer areas and other facilities incidental to campground operation.
(5)
The density of campsites and campground shall not exceed an average of one campsite per acre of campground area (and a net density not to exceed 10 campsites per acre), inclusive of service roads, and service building sites, but exclusive of common open space buffer areas and common open space recreation areas. Each campsite may accommodate one camping unit occupied by the camper and his or her party, but in no case shall the total number of overnight occupants exceed a density of 75 persons per acre. Maximum occupancy per campsite shall be seven persons.
[Amended 8-20-1997 by Ord. No. 349-97]
(6)
Each campsite (including parking space) shall occupy a minimum of 4,000 square feet in area and shall utilize all available natural buffering between camping site location.
(7)
All interior roads, other than individual campsite driveways, shall be graded to avoid low spots and shall be topped and crowned with at least five inches of gravel or stone to a width of 16 feet for one-way operation and 26 feet for two-way operation, and shall provide horizontal and vertical alignments that permit efficient operation of Township fire equipment. All materials, equipment and methods of construction shall conform to the standard specification for road and bridge construction of the New Jersey State Highway Department, 1984, or any supplements or amendments thereto. Each stage of the construction must be approved by the Township Engineer prior to commencement of the succeeding stage. The Township Engineer shall be notified at least two working days prior to the start of any stage.
(8)
Right-of-way improvements, including shoulder paving, curbs, gutters and drainage structures which may be required shall be shown on the site plan and constructed according to standards and requirements contained in Article VIII, Design Standards and Improvement Specifications.
(9)
Camp stores located within the permitted camping areas may be established as an incidental use. Such stores shall handle only food and minor consumer items needed by campers. All other commercial activities, including the sale of camp products, are specifically prohibited.
(10)
All electric, gas and telephone transmission lines shall be installed below ground surfaces.
(11)
Any applicant for a permit to construct or expand a campground shall confer with the County Agricultural Extension Service, the Soil Conservation District and the District Forester, and shall include the findings and recommendations made by these agencies in their environmental impact statement and site plan submission. The environmental impact statement must clearly demonstrate that major natural features of the site and existing ecological relationship will be protected to the fullest extent possible.
§ 155-136 Cemeteries.
Cemeteries may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. BUFFER ZONE HOURS OF OPERATION MAUSOLEUM MONUMENT
As used in this section, the following terms shall have the meanings indicated:
A continuous strip of land required for the purpose of providing physical, audible and visible separation through the use of trees and/or other natural foliage.
Those hours during which normal cemetery activity including digging and filling of grave, burial services, visitation, maintenance and repair of grounds and deliveries, are conducted on the cemetery premises.
A building or structure having a maximum of 500 crypts for the interment of the dead.
A tablet, a statute or other marker of stone, metal or another durable substance set up over or adjacent to a grave to commemorate the person interred therein.
B.
Permitted activities, structures and buildings shall be as follows:
(1)
Interment of the dead and related activities associated therewith.
(2)
A house of worship.
(3)
An office strictly related to the activities of the cemetery or a residence to be used exclusively for an employee involved in caretaking, security of other activities of the cemetery.
(4)
Erection of tombstones and monuments.
(5)
A maintenance building relating to the operation of the cemetery not to exceed a height of 20 feet.
(6)
Mausoleums as herein defined, limited to 500 crypts.
(7)
Open space and other recreational use which does not involve the construction or erection of a permanent structure other than backstops, goals or targets or other removable devices used in sporting and other recreational events.
C.
Building and construction regulations:
(1)
The height of any mausoleum shall not exceed 20 feet.
(2)
The height of every other building, monument or other structure shall be constructed in accordance with the existing requirements of federal, state and local statutes, rules, regulations and ordinances.
(3)
All excavations shall be made in accordance with the regulations issued and promulgated by the Occupational Safety and Health Review Commission and all other applicable federal, state and local studies, rules, regulations and ordinances.
D.
Mausoleums setback requirements:
(1)
All exterior walls of any mausoleum permitted shall be set back at least 300 feet from the nearest property line of the cemetery or from the nearest street line, whichever is applicable, it being the intent of this provision that there shall be a minimum area of 300 feet between any such exterior wall and any such property line or street line.
(2)
The measurement of setbacks as herein set forth shall be determined by a perpendicular line from the nearest point of any said mausoleum on the cemetery land that is the subject matter of an application for a building permit to the nearest property line or street line as set forth and defined in Subsection A hereinabove. All mausoleums must be constructed in accordance with the requirements of all applicable federal, state and local statutes, rules, regulations and ordinances.
E.
Hours of operation. The hours of operation for any cemetery shall be between the hours of 5:00 a.m. and 9:00 p.m. daily.
F.
Buffer zone. Every cemetery created subsequent to the adoption date of this chapter shall be required to provide a buffer zone at least 50 feet wide around its entire perimeter along common boundaries with any abutting residential zones. No interments shall be permitted within the buffer zone.
G.
In the PFA-25, PFA-20 and PFA-10 Zones, the use may be permitted, provided that:
(1)
The use does not require or will not generate subsidiary or satellite development in the PFA-25, PFA-20 or PFA-10 Zones;
(2)
The application has demonstrated that adequate public service infrastructure will be available to serve the use; and
(3)
The use is primarily designed to serve the needs of the PFA-25, PFA-20 and PFA-10 Zones.
§ 155-137 Cluster developments.
Cluster developments may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Cluster developments may be established in R-R, PVR, PFA-10, PFA-20, PFA-25 and R-1 Zones.
B.
An application for a cluster development, in addition to providing the normally required documents for subdivision review and approval, must include a site plan conforming to the requirements established under § 155-62. Accompanying the site plan must be detailed plans for adequate sewer and water services. The Planning Board shall review this plan in terms of conformance with the standards of this and other municipal ordinances, soil capability maps prepared by the Soil Conservation District, applicable county and state requirements and the Township Master Plan before granting approval thereof and recommending issuance of building permits.
C.
Minimum lot sizes:
(1)
When on-site sewer and water are proposed, each individual lot of a cluster plan in an R-R or R-1 Zone shall have a minimum of 23,500 square feet.
(2)
When approved public sanitary sewer and water supplies are available at the site, each individual lot in an R-R or R-1 Zone shall have a minimum of 25,000 square feet.
(3)
The minimum lot size in PVR, PFA-10, PFA-20 and PFA-25 Zones may be reduced under a cluster plan to 3.2 acres, provided that the overall lot size for the district is maintained.
D.
The maximum number of lots for any cluster development shall not exceed the number that would be allowed for a conventional development under applicable environmental constraints.
E.
In the case of any cluster plan depending upon on-lot water supply and sanitary sewage facilities, the developer must demonstrate the adequacy of such facilities to the Board of Health, Planning Board, Township Engineer and Soil Conservation District. When necessary, common open space areas may be utilized to help support adequate on-site sewage disposal facilities.
F.
Lot width and side yard requirements in the case of cluster plan lots may be reduced by 20% of those required of conventionally developed lots.
G.
Land areas to be subdivided for a cluster development shall result in the creation of not less than 20 building lots.
H.
Two or more owners may cooperate in a cluster development when their properties are contiguous and their combined land is planned and developed as a single unit.
I.
Except in the PFA-25, PFA-20, PFA-10 and PVR Zones, the open space areas conserved by clustering shall be subject to the following:
(1)
Up to 50% of the total open space saved by clustering may be conveyed to the Township, if acceptable to it, with added restrictions specifying that it will be permanently devoted to one or more of the following uses: municipal parks and playgrounds, woodland conservation areas; game preserves or wildlife refuges; pedestrian walkways; cycling or bridle paths; school building or recreational facilities; stream preservation, watershed protection, water impoundment or drainage controlled areas.
(2)
Any open space saved by clustering that is not conveyed to the Township shall be dedicated by deed and be used for one or more of the following private recreational purposes, but only when suitable arrangements have been provided for permanent maintenance of the common opens space by benefiting property owners or association members: limited-membership golf course and country clubs, nonprofit swimming pools, cabana clubs, tennis clubs and riding clubs, limited-membership outdoor recreational areas and landscaped areas.
(3)
Open space buffer areas between clustered buildings and the boundary line of any adjoining properties shall be equal to two times the required setback on said adjoining properties.
(4)
The method and organizational structure for ownership and management of any common opens space area saved by clustering shall be clearly set forth at the time of application and be subject to approval by the Planning Board and Township Committee. The agency, association or organization established to own and maintain common open space in the cluster development shall not dispose of any of its land at any time in the future without first offering it for dedication to the Township.
J.
In the PFA-25, PFA-20, PFA-10 and PVR Zones, the remainder of the parcel not assigned to individual residential lots in a cluster development shall be permanently dedicated through recordation of a restriction on the deed to the property, as open space with no further development permitted. Recreational amenities may be permitted on the deed restricted lands insofar as they are consistent with the types of recreational amenities which could have been developed as accessory uses on the residential lots, absent clustering.
[Amended 8-20-1997 by Ord. No. 349-97]
§ 155-138 Radio and television antennas and towers.
Freestanding radio and television antenna and towers may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and those standards set forth in § 155-54.
§ 155-139 (Reserved) [1]
[1]
Editor's Note: Former § 155-139, Community residences for developmentally disabled and shelters for victims of domestic violence, was repealed 8-21-2002 by Ord. No. 395-2002.
§ 155-140 Educational uses.
Educational uses, including public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Convents, social halls and similar uses which are accessory to the educational use shall be permitted.
B.
Nursery schools with an attendance of more than 25 children shall be considered educational uses and shall be subject to the provisions of this section.
C.
Nursery schools serving more than 25 children shall contain a minimum lot area of three acres plus one acre for each 25 children or fraction thereof.
D.
Educational uses other than nursery schools whose maximum enrollment is 300 students or fewer shall have a minimum lot area of five acres.
E.
Educational use other than nursery schools whose maximum enrollment exceeds 300 students shall adhere to the following:
F.
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 155-88 of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the municipal agency.
G.
Permitted signs. One freestanding sign not larger than 10 square feet in area and not exceeding eight feet in height. In addition, facade signage occupying an area no greater than 5% of the front facade.
H.
Lot coverage shall not exceed 30%.
I.
In the PFA-25, PFA-20 and PFA-10 zones, an educational use may be permitted, provided that:
(1)
The use does not require or will not generate subsidiary or satellite development in the PFA-25, PFA-20 or PFA-10 zones;
(2)
The applicant has demonstrated that a adequate public service infrastructure will be available to serve the use; and
(3)
The use is primarily designed to serve the needs of the PFA-25, PFA-20 or PFA-10 zones.
§ 155-141 Garden apartments and townhouses.
Garden apartments and townhouses may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
In R-2 Zones, where public sewer and water service is available or scheduled, projects involving garden apartments or townhouses (hereafter referred to as "apartments") may be permitted on single land parcels of 20 or more acres in size under the special exception procedure only after site plan review and approval by the Planning Board. Gross dwelling unit density for the tract shall not exceed seven units per acre. In computing the gross acreage of a tract, any land subject to utility or drainage easements or lying below mean high tide or flood hazard levels or lands designated as freshwater or tidal wetlands, including wetlands soils, shall be excluded.
B.
At no time shall the number of apartment units exceed 35% of the total number of housing units in the Township.
C.
Open space areas adjacent to project buildings not surfaced as walkways, driveways, parking areas, utility areas or other required improvements shall be graded and seeded to provide a thick stand of grass or other ground cover material. Liberal landscaping plans including deciduous trees and evergreens shall be made a part of the site plan submission and be subject to approval by the Planning Board.
D.
A minimum of 35% of the total area of the apartment project, exclusive of normal dwelling, rear yards, buffer strips and parking areas, shall be provided, none of which shall be less than 10,000 square feet in area nor less than 100 feet in its narrowest dimension. Each recreation area shall be located conveniently to project dwelling units and shall be either made available for conveyance to the Township with a deed restriction specifying that it will be permanently devoted to playground or park use, or held in private ownership subject to similar restrictions. The method and organizational structure for ownership and management of any privately held common open space shall be clearly set forth at the time of application and shall be subject to approval by the Planning Board and Township Committee. The agency, associate or organization established to own and maintain common open space in the apartment project shall not dispose of any of its land at any time in the future without first offering it for dedication to the Township.
E.
Every building shall have a minimum setback of 100 feet from a county or state highway, 40 feet from a Township street or road, 25 feet from any private interior road or driveway and 15 feet from any parking area.
F.
Driveways, parking areas and all pedestrian areaways shall be provided at all times with adequate illumination so shielded as to prevent deleterious glare to adjacent or nearby residential units.
G.
Sufficient laundry, dry-cleaning, garbage pickup and other utility areas shall be provided in locations convenient to all occupants. Their detrimental effects on the aesthetic character of the project shall be minimized where necessary thorough the use of enclosures or screens composed of suitable fencing, masonry walls, or shrubbery at least six feet in height around the perimeter. Fencing and walls shall not be more than 50% open of the vertical surface.
H.
Any apartment project shall be capable of being served by an existing or planned municipal, county or regional sewer line. Water utilities and any interim sewerage facilities acceptable to the Township Engineer, the County Health Department and the New Jersey Department of Environmental Protection and Energy shall be provided.
I.
All on-site electrical telephone utility service shall be installed below ground level.
J.
Design features relating to curbing, driveways, parking areas, pedestrian walks, landscaping and other project elements not specified herein may be attached as conditions by the Planning Board if circumstances indicate they will further the purposes and intent of this chapter.
K.
No dwelling units are permitted below the ground floor level nor above the second story of any structure in an apartment or townhouse project.
L.
Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
M.
A maximum of 10% of the total number of units in a completed project may be three-bedroom apartments; up to 50% of the total units in a completed project may be two-bedroom apartments and the remainder shall be one-bedroom or efficiency apartments. In the event that the project is to be completed by sections, the above-stated proportions of three-, two- and one-bedroom or efficiency apartments shall be substantially maintained as construction of the project progresses.
N.
There shall be a minimum storage area in each building for bicycles, carriages, furniture and similar incidental equipment of at least 70 square feet in area by a minimum of seven feet in height per dwelling unit.
O.
There shall be not more than 16 dwelling units in each building or structure. The facade of any building or structure shall not exceed 60 feet in length unless each increment of 60 feet is interrupted by an angle of at least 45º or an offset of at least five feet.
P.
Courtyards bounded on three or more sides by the wings of a single building or by the walls of separate buildings shall have a minimum width between any two walls of at least two feet for each one floor of height of the tallest adjacent building or wall.
Q.
No garden apartment dwelling structure shall be located within 25 feet of another dwelling structure.
§ 155-142 Gasoline service stations and automotive repair shops.
Gasoline service stations and automotive repair shops may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
In addition to general site plan requirements, scaled maps accompanying the application for any gasoline station or public garage shall clearly delineate the actual floor space and/or ground area to be devoted to or used for the purpose of motor vehicle storage; and the location of any church, hospital, public or parochial school, firehouse, municipal building, existing service station or public garage, or any other public building within 1,000 feet of the proposed building or use. This information may be shown on the key map. The site plan shall also show the number and location of pumps and fuel tanks to be installed, the dimensions and capacity of storage tanks, the depth the tanks will be placed below ground surface, the number and location of pumps to be installed, and the type and location of all principal and accessory structures (including pumps, signs, lights, fences, walls, screen plantings and other structures) to be placed on the site.
B.
No public garage or gasoline station shall be located within 400 feet of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building or any other public building, nor within 1,000 feet of any existing public garage or gasoline station. The measurements listed above shall be made between the two nearest points of the structures involved, except in the case of athletic fields or public playgrounds, in which case measurement shall be made between the nearest point of land parcels involved. For the purpose of making the measurements included herein, the term "structure" shall include accessory structures, service pumps and freestanding signs, and said measurements shall also be made between such uses on the same or opposite sides of a street.
C.
No gasoline service station or public garage shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless within the permanently enclosed building. All drainage, refuse, grease drippings, oily rags or other greasy or oily waste material shall be kept enclosed in metal containers approved by the National Association of Fire Underwriters for disposal.
D.
There shall be no outside storage of supplies, materials or parts unless the same are contained in a permanent rack, case, cabinet or enclosure of metal or other fireproof material. Accessory goods for sale may be displayed in the building and on the pump island only. All fuel tanks shall be installed below the ground surface and shall be located at least 35 feet from any property line. Each gasoline station or public garage shall be equipped with fire extinguishers, the number, type and quality of which shall be specified by the Fire Warden, who may require such other equipment as he or she deems necessary for fire or other emergency purposes.
E.
In order to minimize traffic hazards and permit safe ingress to and from gasoline stations or public garages, the following minimum standards shall apply:
(1)
For gasoline service stations or public garages located on municipal streets or county highways, there shall be 200 feet of frontage for those stations or garages having not more than three dispensing pumps, and for every three additional pumps or fraction thereof, there shall be additional 50 feet of frontage provided.
(2)
For gasoline service stations or public garages located on state highways, there shall be a minimum frontage of 250 feet for stations or garages having not more than three dispensing pumps, and for every three additional pumps or fraction thereof, there shall be an additional 50 feet of frontage.
(3)
Gasoline stations or public garages located immediately adjacent to an intersection shall be located on a lot having a minimum depth of 200 feet; those having frontage on one street only shall have a minimum lot depth of 150 feet.
(4)
Driveways providing access to gasoline service stations or public garages shall be not more than 24 feet wide at the street line; they should be located at least 10 feet from side lot lines and 35 feet from the intersection of street lines.
F.
Any building or buildings to be erected for use as a gasoline station or public garage or as accessory buildings to such uses shall be of masonry construction, exclusive of ornamentation and roof; and any principal building shall have a minimum area of 1,000 square feet. Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles associated with a gasoline station or repair garage shall be stored outside an enclosed building.
G.
Any part of the site subject to access or maneuvering of motor vehicles shall be hard-surfaced with Portland cement or bituminous concrete and shall be graded to adequately dispose of all surface water accumulated. Where deemed to be necessary by the Township Engineer, leaching basins for the disposal of surface water accumulating on the site may be required. Whenever the side or rear of the lot line of the site abuts a residential district, a screen or landscape buffer, as defined in this chapter, shall be erected along the side or rear lot line subject to the provisions contained in § 155-88.
§ 155-143 (Reserved) [1]
[1]
Editor's Note: Former § 155-143, Forestry, as amended, was repealed 8-20-1997 by Ord. No. 349-97.
§ 155-144 Places of worship.
Places of worship, as defined in Article II of this chapter, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
The minimum lot area shall be five acres in the PC, R-R, PVR and PFA-10, 20, and 25 Zone Districts and three acres in the R-1, R-2 and C Zone Districts.
[Amended 6-19-1996 by Ord. No. 344-96]
B.
The minimum lot width shall be 300 feet.
C.
No principal building shall be located closer than 50 feet to any side or rear property line.
D.
No accessory building shall be located closer than 30 feet to any side or rear residential property line.
E.
Maximum lot coverage shall not exceed 15%.
F.
The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
G.
Permitted signs. One freestanding sign not exceeding 10 square feet in area not six feet in height. Facade signage occupying no greater an area than 5% of the front facade of the building to which the sign is attached.
H.
In the PFA-25, PFA-20 and PFA-10 Zones, the use may be permitted, provided that:
(1)
The use does not require or will not generate subsidiary or satellite development in the PFA-25, PFA-20 and PFA-10 Zones;
(2)
The application has demonstrated that adequate public service infrastructure will be available to serve the use; and
(3)
The use is primarily designed to serve the needs of the PFA-25, PFA-20 and PFA-10 Zones.
§ 155-145 Poultry farms.
Poultry farms may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
All applications shall be accompanied by a written opinion of the County Agricultural Agent concerning possible nuisance characteristics and measures for adequately dealing with them.
B.
In addition to normally required site plan information, the application shall set forth the purpose of the operation, the manner in which birds will be housed, methods for recycling or disposing of manure, the number of birds to be kept in relation to the size of the parcel, all building or range area property line setbacks, and, if birds are to be kept outdoors, proposals for regular rotation and cropping of range areas. The report of the County Agricultural Agent should contain statements concerning the above-listed matters.
C.
Any certificate of occupancy shall remain valid so long as the use is operated in a nuisance-free manner in accordance with any conditions included in the approval of the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
§ 155-146 Professional office buildings.
Professional office buildings may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
The occupancy of the proposed professional office building shall be limited to members of a recognized profession such as doctors, dentists, ministers, architects, lawyers, real estate brokers, accountants or such other similar professional occupants which may be so designated by the Board.
B.
The proposed structure shall be compatible with the established character of development in the surrounding areas.
C.
The lot on which the use is proposed shall be not less than 15,000 square feet.
D.
The lot shall have a minimum frontage of 100 feet.
F.
The maximum building coverage of the lot shall not exceed 25%.
G.
The maximum building height shall not exceed 2 1/2 stories.
H.
The minimum gross floor area shall be 1,000 square feet.
I.
Permitted signs:
§ 155-147 Public and quasi-public recreation area services.
Public and quasi-public recreation services may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Such uses include but are not limited to public golf and country clubs, public riding stables and academies, public swimming facilities, public tennis facilities, public archery facilities.
B.
Minimum lot area shall be five acres.
C.
Maximum lot cover by buildings and structures (including swimming pools) shall not exceed 20% of the lot area.
D.
Minimum unoccupied open space shall not be less than 25%.
E.
No building, structure, recreation area or parking area shall be located closer than 25 feet to a residential property line.
F.
The use shall be screened from adjacent residential zones or adjacent existing residences in accordance with the provisions of § 155-88 of this chapter and/or shall provide fencing as may be deemed adequate by the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
G.
Off-street parking requirements shall be determined by the Planning Board, except that where swimming pools are provided, off-street parking requirements shall be not less than the requirements under § 155-108 plus such additional parking as may be deemed necessary by the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
H.
Permitted signs: one freestanding sign not exceeding 20 square feet in area not eight feet in height.
I.
In Pinelands Forest Areas, the use may be permitted, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
(1)
The use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
(2)
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(3)
The use is environmentally and aesthetically compatible with the character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
§ 155-148 Public utilities.
Public utility uses, such as water towers, pumping stations, electric substations, transmission lines, switching stations and radio and other transmission towers which must be provided above ground may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Any substations, pumping stations or any element requiring a building or fence enclosure shall be established only after site plan review and approval by the Planning Board.
B.
A statement must be submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
C.
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
D.
Adequate and attractive fences and other safety devices will be provided.
E.
Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
F.
The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area.
H.
In the Pinelands Area, public utilities mean sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by a public or private entity.
§ 155-149 Roadside food markets.
Roadside food markets may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Roadside food markets may be established and operated only when the principal goods or products offered for sale are produced on the land on which the roadside food market is situated.
B.
Roadside food markets shall be maintained in good repair on a well-kept site. They shall have only one entrance to and one exit from the highway and shall maintain no display of goods nearer than 40 feet to a road right-of-way.
C.
One parking space for every 100 square feet of display area shall be provided. Parking areas shall be so designed that no vehicle shall be required to back into any public thoroughfare.
D.
Three temporary off-site signs shall be permitted only during periods of operation of a roadside stand, each not more than six square feet in area. No such sign shall be located in the right-of-way of the highway, nor shall any such sign obstruct the vision of automobile drivers entering or leaving the off-street parking area. Additionally, 36 square feet of identification sign area shall be permitted either on the roadside stand or within 20 feet thereof.
E.
A permit fee of $25 to operate a roadside stand, and sign permit fees of $5 per sign, shall be required.
[Amended 6-19-1996 by Ord. No. 344-96]
F.
In the PFA-25, PFA-20 and PFA-10 Zones, the use may be permitted, provided that the sales area of the establishment does not exceed 5,000 square feet.
§ 155-150 Shopping centers.
Shopping centers may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
A shopping center shall occupy a minimum of 10 acres and shall be designed as a unified whole.
B.
Not more than 15% of the lot area shall be occupied by principal uses, and if the center consists of more than one building, they shall be separated by not less than 15 feet.
C.
A minimum of 2 1/2 square feet of automobile parking space and vehicular accessways shall be provided for each square foot of gross floor area.
D.
No building, parking, loading, access or service area may be located within 60 feet of a side or rear property line adjoined by residentially zoned property. In such cases, screening shall be established in accordance with the provisions of § 155-88. All parking, loading, access and service areas must be physically separated from the public street. There shall be not more than two accessways, neither of which shall exceed 24 feet in width, to any one public street, except in cases where a single street frontage exceeds 600 feet, in which case an additional accessway may be provided, subject to the approval of the Township Planning Board on the advice of the approval of the Township Engineer. All accessways shall be located at least 100 feet from the intersection of any street lines.
E.
The developer shall provide or contract to provide in connection with the planned shopping center a storm drainage system, including necessary off-site improvements, easements and structures, which shall be of sufficient size and design as will, in the opinion of the Township Engineer, collect, carry off and/or dispose of all predictable surface water runoff either accumulating on or draining naturally to or through the site. In cases where the need is indicated, the Planning Board may require stormwater retention or stilling basins for flood and soil erosion control. These shall be constructed to standards supplied by and with the approval of the Township Engineer. In addition, the developer shall comply with all applicable regulations of the county and state.
F.
The shopping center shall either be connected with a municipal, county or regional sewerage system or provided with a central system acceptable to the Township Engineer, approved by County Health Department and the New Jersey Department of Environmental Protection and Energy.
§ 155-151 Resource extraction.
Resource extraction, including soil removal, may be permitted as conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
No person shall move or cause, allow, permit or suffer to be removed any gravel, sand, clay ilmenite or soil in, upon or from any lot in the Township except in connection with construction or alteration of a building on such lot or grading incidental thereto, without first having procured a license therefor from the Construction Code Officer and a zoning permit from the Zoning Officer.
B.
All applications for soil moving operations shall be made to the Zoning Officer as a special exception requiring Planning Board approval and shall also be subject to the requirements of § 155-62 covering preparation and submission of site plans. In the Pinelands Area, soil removal uses shall adhere to the procurements and standards of § 155-57 of this chapter.
[Amended 12-2-2015 by Ord. No. 543-2015]
C.
The purpose or reason for the excavation and whether it will be done in connection with a proposed subdivision and, if so, the date of filling of the application for a subdivision.
D.
Resource extraction plan and surety required. No resource extraction in any area of the Township shall be carried out by any person unless the following information has been filed and approved by the Planning Board:
(1)
Within the Pinelands Area, all information required by § 155-73D(1) through (6).
(2)
A topographic map at a scale of one inch equals 200 feet, showing the existing topography at one-foot contour intervals based on New Jersey State Plane Coordinate System; the proposed dimensions, location and operations on the subject property; and the proposed final elevation at each point where existing elevations are to be changed as a result of the proposed extraction.
(3)
The location, size and intended use of all buildings.
(4)
The location of all points of ingress and egress.
(5)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(6)
The location of all existing and proposed property lines, streets and rights-of-way, including railroad rights-of-way, and all setbacks for buildings, disturbance areas and areas of operation or storage of materials.
(7)
A soils map.
(8)
A statement of the type of equipment and apparatus to be used in the operation.
(9)
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rates;
(f)
Planting method and schedule; and
(g)
Maintenance requirements schedule;
(10)
Certification that stakes are placed at each corner of the premises from which the excavation is to be made, and that grade stakes have been properly places upon the ground at existing elevation points designated on the topographical map clearly marking areas of excavation, cuts or fill.
(11)
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this article or of the approved resource extraction plan done by any agency, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
(12)
A financial surety, guaranteeing performance of the requirements of Subsection F in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Township and, in the Pinelands Area, to the Pinelands Commission. The financed surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety shall name the Township and the Pinelands Commission, if applicable, as the obligee and shall be posted by the property owner or his or her agent with Weymouth Township.
(13)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
(14)
When prior approval for the development has been granted by Weymouth Township, evidence of Pinelands Commission review pursuant to § 155-73G.
(15)
If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.
[Added 6-20-2024 by Ord. No. 605-2024]
E.
Time limit on Planning Board approval. Planning Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.
F.
Resource extraction standards.
(1)
Resource extraction activities shall:
(a)
Be designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than 200 feet to any property line.
(b)
Be located on a parcel of land of at least 20 acres;
(c)
Provide that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; and that the topsoil will be protected from wind and water erosion;
(d)
Be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;
(e)
Provided ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;
(f)
Be designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater;
(g)
Not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;
(h)
Be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection F(1)(j) below;
[Amended 8-20-1997 by Ord. No. 349-97]
(i)
Not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the areas to be mined, whichever is less, at any time;
(j)
Involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the following requirements:
[1]
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;
[3]
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical, grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection F(1)(j)[6] of this section;
[Amended 8-20-1997 by Ord. No. 349-97]
[4]
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway;
[Amended 8-20-1997 by Ord. No. 349-97]
[5]
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;
[6]
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;
[Amended 8-20-1997 by Ord. No. 349-97]
[7]
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed;
[8]
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
[Amended 8-20-1997 by Ord. No. 349-97]
[a]
Stabilization of exposed areas by establishing ground cover vegetation; and
[b]
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[i]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
[ii]
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak, and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[iii]
A combination of the planting techniques set forth in Subsection F(1)(j)[8][b][i] and [ii] above; or
[iv]
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
[9]
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[Added 8-20-1997 by Ord. No. 349-97]
(k)
Not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Commission Management Plan.
(2)
The letter of credit, surety bond or guaranty of performance which secures restoration of each other section shall be released after Weymouth Township has determined that the requirements of Subsection F(1)(a) through (k) above are being met and the guaranty of performance is replaced with a maintenance guaranty for a period of two years thereafter.
G.
Rehabilitation requirements. Before a building permit, certificate of occupancy or license is issued for a soil and resource moving operation, the owner or operation shall file with the Township Clerk a suitable performance guaranty which will be in effect during the time required for the excavation of the materials described in the application. This guaranty shall comply with applicable provisions of § 155-74. The bond or other security may be released on the satisfactory restoration of the complete project area or portions of the security may be released, as proportional stages of restoration are accomplished with the above-listed operating standards and the following restoration standards:
(1)
At the time of initial application, a complete plan for rehabilitation of the site, or any part thereof not in active use shall be submitted along with said application.
(2)
If operation ceases on a portion of the site exceeding three acres for a period of one year, rehabilitation of the portion shall be required. Rehabilitation shall be completed within the succeeding two-year period.
(3)
Any pits created must not be subject to spasmodic standing surface water and spoil banks shall be left with a slope ratio not exceeding one foot vertical to three feet horizontal. Excavations that results in ponds or lakes shall be left with a slope ratio of one foot vertical to five feet horizontal, said slope to extend into the pond or lake to a minimum water depth of five feet measured at low water elevation. Any below-water excavations shall have central portions at least 12 feet deep at low-water elevation to avoid the possibility of water stagnation. All slopes in other dry-excavated areas shall be graded, covered with topsoil, fertilized, mulched and reseeded so as to establish a firm cover of grass and/or other vegetation sufficient to prevent erosion, or in the case of formerly wooded areas, replanted in accordance with a planting scheme arranged in conjunction with the State Forester. As a planting standard, at least 800 seedlings of tree varieties adaptable to the area shall be properly planted per acre on soils and slopes, all approved by the State Forester, and shall demonstrate an eighty-percent survival rate for a period of one year before that portion of the performance guaranty covering this aspect of rehabilitation shall be released.
(4)
Where the operation has been terminated, all debris, fencing and temporary structures shall be removed form the site. The area shall be regraded as close to the natural contour of the land as possible. The outline of any lakes or ponds shall be pleasing and free of pockets where water might become stagnant. There shall be overflow outlets to maintain constant water levels.
(5)
Depressions other than those having permanent below-water depth of 12 feet shall not be left below the surrounding ground level unless properly graded to prevent temporary collection of surface water. All surface drainage shall be controlled to prevent any silt or other debris from flowing over adjacent properties or public roads. All provision to control natural drainage shall meet the approval of the Township Engineer.
H.
Fees. Upon the filing of an application for a soil moving operation, the applicant shall pay a fee of $300 to cover the cost of investigating the information submitted in support of the application. An escrow account shall be established in accordance with § 155-18 for engineering and legal fees. In the process of reviewing the application, if professional expenses to the Township exceed the amount of the initial fee, the applicant shall supplement this fee in an amount required to cover the cost of additional professional review expenses. Upon issuance of the license which shall be valid for a period of one year from the date of issuance, the applicant shall pay an annual permit fee of $300. In addition, for any permit covering an area of proposed excavation exceeding 50 acres, an additional annual fee of $100 per 50 acres or part thereof not to exceed a maximum of $1,000 is required.
§ 155-152 Swimming pools and swimming clubs.
[Amended 2-20-2008 by Ord. No. 467-2008]
Swimming pools and clubs may be permitted in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A.
Private swimming pools shall be permitted only as an accessory use to a residential unit or units and when the principal residential structure exists or is under construction.
B.
Any portion of the perimeter of a private swimming pool that does not abut the principal dwelling or accessory building on the lot on which it is located shall be protected from access by small children or pets. Fencing or other protective structures to be used for this purpose shall be included on the plans in order that the Planning Board may determine their adequacy. The issuance of a building permit shall be conditioned upon the proper installation of approved, protective fencing or other structures, and no certificate of occupancy may be issued until their installation is complete.
C.
Any private accessory pool must be located in the rear yard and at least 20 feet from any side or rear property line.
D.
Any lighting used in connection with a private swimming pool shall be so directed or shielded as to not shine directly onto other properties.
E.
Public swimming clubs operated on a nonprofit annual membership basis shall be permitted only by special use permit in accordance with applicable zoning provisions of this chapter, and further provided that:
(1)
Proof is furnished to the Planning Board that the proposed use is a bona fide, nonprofit activity organized solely for the use and enjoyment of the membership.
(2)
The parcel involved in the use shall contain at least five acres and shall have 500 feet of highway frontage.
(3)
No more than a total of 25% of the lot shall be covered by structures, parking areas and the pool, together with its adjoining hard surfaced areas.
(4)
No part of the pool, its accompanying hard-surfaced area or other supporting structures or activity areas shall be located within 75 feet of a property line.
(5)
The maximum membership of the club shall be fixed at the time of application and shall be commensurate with the size of the parcel and the scale and facilities contemplated. No expansion of the membership shall take place subsequently without supplemental application to and approval by the Planning Board.
(6)
Any pool established in connection with a public swimming club shall be constructed and operated according to the requirements of Chapter IX, Public Bathing Facilities, of the State Sanitary Code.
[Amended 6-19-1996 by Ord. No. 344-96]
§ 155-153 Non-clustered residential development in the Pinelands Forest Area. [1]
[Added 4-4-2012 by Ord. No. 503-2012]
A.
Single-family detached dwellings in the Pinelands Forest Area, PFA-10, PFA-20 and PFA-25 Zones, which are not clustered in accordance with the standards of § 155-157A(1), may be permitted, provided that:
(1)
The Planning Board finds that: