§ 296-75. Historical, archaeological and cultural resources.

[Amended 5-24-89 by Ord. No. 0-27-89]

A.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 Subsection E (2) below.

B. Authority to issue certificates of appropriateness.

(1) The Planning Board shall issue all certificates of appropriateness except as specified in paragraph (2) below.

(2) The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

C. Certificates of appropriateness shall be required for the following:

(1) Construction, encroachment upon, -alteration; remodeling, removal, disturbance or demolition of any resource designated by the township or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and

(2) Development not otherwise exempted from review pursuant to § 40-38 of this Code where a significant resource has been identified pursuant to Subsection E (2) below.

D. Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156 (b).

E. A cultural resource survey shall accompany all applications for development in the PR-6, PR-3 and PI-2 Districts and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of State, local and any other pertinent inventories to identify sites. of potential significance review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey. [Amended 2-25-97 by Ord. No. 0-2-97; 3-26-02 by Ord. No. 0-6-02]

(1) This requirement for a survey may be waived by the local approval agency if:

(a) There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

(b) The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

(c) The evidence of cultural activity lacks any potential for significance pursuant to the standards of paragraph (2) below.



(2) A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one (1) or more of the following criteria:

(a) The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or

(b) The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or

(c) The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, State, local community or the Pinelands, although its components may lack individual distinction; or

(d) The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

F.. The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156 (c) shall be followed by the Planning Board and Board of Adjustment.

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

(1) All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in paragraph (2) below.

(2) A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two (2) years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two (2) year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154. [Amended 2-25-97 by Ord. No. 0-2-97]

H. The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

(1) A narrative description of the resource and its cultural environment;

(2) Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;



(3) A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

(4) A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

I. If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands 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 C.F.R. 66)

§ 296-76. Housing opportunities.

A. In accordance with the housing element of the Master Plan for the Pinelands Area of the township, to the extent practicable, at least nine percent (9%) of all new housing constructed within those areas of the township zoned in the PR-3 Medium-Density and PR- 4 High-Density Residential Zoning Districts shall be affordable by households of low, moderate and middle incomes, on the-basis of three percent (3%) for each income range. The standards for determining said affordable housing and distribution of the income ranges shall be as defined in Section 6-1303 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.122).

B. The Planning Board shall apply this standard as part of its review of development applications.

C. Minimum standards. [Added 2-23-83 by Ord. No. 0-2-83]

(1) All development shall meet the following minimum standards

(a) In developments involving twenty-five (25) to ninety-nine (99) dwelling units, at least nine percent (9%) of the dwelling units proposed for development shall be affordable to low- , moderate- and middle-income households, provided that at least four-fifths (4/5) of the required low- , moderate- and middle-income housing units are affordable to low- and moderate-income households.

(b) In developments of one hundred (100) or more dwelling units, nine percent (9%) of the dwelling units shall be affordable to low- , moderate- and middle-income households as follows:

[1] At least three percent (3%) of the dwelling units shall be affordable to low-income households.

[2] At least three percent (3%) of the dwelling units shall be affordable to moderate-income households.



[3] At least three percent (3%) of the dwelling units shall be affordable to middle-income households.

(c) All required low- , moderate- and middle-income housing units shall be compatible with the nonrequired housing units and uses in the vicinity of the proposed development.

(d) Required low- , moderate- and middle-income housing units shall be constructed at the same rate as nonrequired housing.

(e) Deed restrictions or other legally enforceable provisions ensuring the availability of required housing for low- , moderate- and middle-income households shall be provided for a period of at least thirty (30) years from the date of initial occupancy.

(2) If an applicant can demonstrate that dwelling units required under this section cannot be provided, the applicant may satisfy the housing requirements of this section by dedication of land suitable for development of an equivalent number of required housing units, by payment in lieu thereof to a qualified public housing agency or other alternative actions which meet the intent of this section.

§ 296-77. Off-street parking and loading.

A. Off-street parking requirements for residential uses:

(1) A garage, carport or area for the storage of at least two (2) cars shall be provided per single-family and two-family detached dwelling unit and also for townhouses.

(2) A garage, carport or area for the storage of at least one and one-half (1 1/2) cars shall be provided for garden apartments or any type of multifamily housing.

(3) Additional parking facilities may be provided where required because of the type or size of the dwelling unit or its location in relation to surrounding areas.

B. Off-street parking requirements for nonresidential uses. Nonresidential uses shall meet the following minimum parking requirements:

(1) Bowling alleys: six (6) parking spaces for each alley.

(2) Churches: one (1) parking space for each four (4) permanent seats. When individual seats are not provided, each twenty (20) inches of bench shall be considered one (1) seat.

(3) Community buildings, country clubs, social halls, lodges, fraternal organizations and similar uses: one (1) for each two hundred (200) square feet of floor area occupied by all principal and accessory structures.

(4) Doctors (in other than office buildings): six (6) spaces for patients' use for each doctor's office.

(5) Dentists (in other than office buildings): five (5) spaces for patients' use for each dentist's office.

(6) Motels and rooming houses: one (1) for each rentable unit.

(7) Funeral homes and mortuaries: fifteen (15) parking spaces for visitors.

(8) Hospital, nursing and convalescent homes: one-(1) each for each three (3) beds.

(9) Hotels: one (1) for each rentable unit.

(10) Manufacturing, industrial and general commercial uses not otherwise specified herein: one (1) for each one thousand (1,000) square feet of floor area, plus one (1) for each three (3) employees in the maximum working shift.

(11) Offices: one (1) space for every four hundred (400) square feet of rentable floor area.

(12) Restaurants, bars and nightclubs: one (1) for each three (3) seats.

(13)Retail stores, store groups, shops, etc.: one (1) for each two hundred fifty (250) square feet of floor area.

(14) Schools, elementary and junior high schools: one (1) parking space for every fifteen (15) classroom seats.

(15) Wholesale establishments or warehouses: one (1) for each two (2) employees in maximum shift. The total parking area shall be not less than twenty-five percent (25%) of the building floor area.

(16) All other land uses: Off-street parking and loading spaces for all land uses not herein specified shall be in accord with probable estimates of need determined by the Township Committee after consultation with the proposed land user and the Township Engineer.

C. Size, access and location.

(1) Each off-street parking space shall have an area of not less than two hundred (200) square feet, exclusive of access drives or aisles, and shall be of usable shape and condition.

(2) In parking lots containing more than ten (10) spaces, a minimum of one (1) space shall be a minimum of twelve (12) feet wide. For parking lots with twenty (20) or more spaces, a minimum of five percent (5%) of all spaces shall be twelve (12) feet wide. These wider spaces shall be located in one (1) area and designated as parking for the handicapped; and these spaces shall be located so that access does not require wheeling or walking behind parked cars.

(3) No access drive or driveway shall be located in any residential area to provide access to uses other than those permitted in such residential areas.

(4) Off-street parking spaces for all uses shall not be located between the front building line and the right-of-way line. On corner lots, this restriction shall also apply to the space between the side street right-of-way line and the side building line.

D. Landscaping and buffers.

(1) For all nonresidential uses, apartments or other multifamily residential uses, lands between the parking area and building shall be landscaped with trees, shrubs and ground cover to the maximum extent possible.

(2) Parking and loading areas for commercial and industrial uses shall be buffered by landscaping and/or fencing from adjoining streets, existing residential uses or any residential zoning district.

(3) Trees planted within parking areas shall be staggered or spaced so as not to interfere with driver vision, shall have branches no lower than six (6) feet and shall be placed at the rate of at least one (1) tree for every ten (10) parking spaces.

(4) Landscaping in parking and loading areas shall be shown on a landscaping plan, and all landscaping shall meet the requirements of the vegetation and landscaping standards under Article XV of this chapter.

E. Other improvements to parking and loading areas.

(1) Surfacing. Any off-street parking of five (5) or more vehicles or off-street loading area shall be surfaced with an asphaltic or portland cement pavement or similar durable and dustless surface, subject to approval of the Township Engineer. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

(2) Lighting. Any lighting used to illuminate any off street parking or loading area shall be so arranged as to reflect the light away from adjoining premises. Off street-parking-facilities for multifamily structures containing four (4) or more families shall be adequately lighted.

(3) Drainage. Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

F. Off-street loading. In connection with every building or building group erected which is to be occupied by manufacturing or commercial uses which will require the distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building off-street loading berths in accordance with the following requirements:

(1) Size and location. Each loading space shall be not less than ten (10) feet in width, thirty-five (35) feet in length, have a minimum clearance of fourteen (14) feet and may occupy all or any part of any required yard.

(2) The amount of space devoted to off-street loading shall be determined according to the following schedule:

(3) No off-street loading area or part thereof shall be closer than one hundred (100) feet to any dwelling, school, hospital, or other institution for human care located on an adjoining lot.

§ 296-78. Recreation.

[Amended 5-24-89 by -Ord. No. 0 27-89]

All recreation areas and facilities in the Pinelands Area of the -township shall be designed in accordance with N.J.A.C. 7:50-6.143 (a) 2 and 6.144 (a) 1-3 and with the New Jersey Department of Environmental Protection's publication, Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities.

§ 296-79. Scenic corridor management.

A.Scenic corridors. Within the Pinelands Area of the township, except for those roads which provide for internal circulation within residentially developed areas, all public paved roads within the PP; PRC; PR-1;-PR-5 PC-4 and PI-3 Districts shall be considered scenic corridors. [Amended 2-23-83 by Ord. No. 0-2-83; 5-24-89 by Ord. No. 0-27-89; 7- 20-93 by Ord. No. 0-20-93; 3-26-02 by Ord. No. 0-6-02]

B. Setbacks and screening requirements for scenic corridors.

(1) No building, other than buildings for agricultural product sales establishments, shall be located within two hundred (200) feet from the center line of a scenic corridor unless environmental or other physical considerations make it impractical to do so, in which case the building shall be set back as close to two hundred (200) feet as is practicable, and the site shall be landscaped so as to provide screening from the corridor.

(2) If it is determined by the applicant that existing development patterns of the corridor are such that existing buildings within one thousand (1,000) feet of the site proposed for development are set back less than two hundred (200) feet, then a lesser setback consistent with existing patterns may be approved, and the site shall be landscaped so as to provide screening from the corridor.

(3) Notwithstanding the provisions above for setbacks and screening, all structures proposed to be built within one thousand (1,000) feet of the center line of the Great Egg Harbor River, downstream from where it is crossed by Route 536, shall be designed to avoid visual impacts as viewed from the river.

C. Motor vehicle screening and storage. No more than ten (10) automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes. -[Added 5-24-89 by Ord. No. 0- 27-89]

D. [Added 5-24-89 by Ord. No. 0-27-89] Location of utilities.

(1) New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located or adjacent to active agricultural operations.

(2) All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.

(3) Above-ground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 296-82.