Township of Hamilton, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 203-169 Buffer landscaping requirements. [1]

A. 
The minimum standards are required for buffer areas between the following combination of land use associations. This, however, does not preclude the Planning Board from establishing or waiving controls given the discovery of unique conditions.
B. 
Special regulations between uses and designated buffers are as follows:
(1) 
Parking.
(a) 
Buffer: five feet.
(b) 
Use: residential edge.
C. 
Nonresidential and residential use relationships are as follows. (NOTE: These requirements do not apply to planned adult communities.) For the purpose of this section, the buffer separation shall also include any rights-of-way or easement areas located between the use categories.
[Amended 8-3-2009 by Ord. No. 1655-2009]
Use Category
Total Buffer
Separation
(feet)
Minimum Buffer
Applicable to Each Category
(feet)
Use Category
Industrial
200
100
Residential
Commercial
200
100
Residential
Agricultural
200
100
Residential
D. 
Roadway and other land use relationships are as follows. (NOTE: These requirements do not apply to planned unit residential developments.)
Use Category
Buffer Separation
(feet)
Use Category
Arterial
200
Residential
Collector street
150
Residential
Local street
100
Residential
E. 
Wetlands buffer shall be as follows:
(1) 
Buffer separation: 300 feet.
(2) 
Use category: see § 203-183.
F. 
Miscellaneous.
(1) 
Multifamily privacy areas shall be as follows:
(a) 
Buffer: 2.5 feet.
(b) 
Privacy wall: 0.50 foot.
(c) 
Where a fence or privacy wall is not proposed, buffer materials shall consist of medium height, upright-growing evergreen shrubs.
[Amended 7-7-1997 by Ord. No. 1261-97]
G. 
Minimum planted buffer requirements. The following buffer shall be planted between land uses as designated herein or as designated by the Planning Board where site conditions necessitate screening activity from one use to another:
(1) 
Minimum buffer requirements.
(a) 
It is the intent of this subsection to require landscaped buffers to separate uses and to achieve the landscape objectives (entitled "Landscaping objectives and uses of plants" in Article XI, § 203-98A).
(b) 
The following buffer standards, either in combination or individually, shall be required to satisfy specific site conditions. Planted portions of buffers shall be no less than 20 feet wide and shall be planted as follows:
[1] 
Buffer screening: double-alternating rows of evergreen trees six to eight feet in height at the time of planting, planted 10 feet on center; one deciduous canopy tree two to three inches in caliper measured six inches from the top of the root ball for every 30 linear feet of buffer area. (NOTE: A two- to three-inch caliper canopy tree shall be at least 12 feet in height at the time of planting. Clump or flowering trees incapable of being measured six inches from the top of the root ball shall be at least 12 feet high at the time of planting.)
(2) 
Subject to site plan approval, the special buffer in the rear or side yard areas may permit:
(a) 
Parking, provided that it does not penetrate more than 50% into the width of the buffer area and does not take up more than 20% of the length of the buffer.
(b) 
Parking, penetrating no more than 50% into the width of the buffer area and no more than 60% of the length of the buffer, provided that there shall be a landscaped berm wall (BW-4) four feet in height, as shown, around the perimeter of said parking area. Such berm wall shall be landscaped in accordance with the specifications of the buffer screening standards as set forth herein.
(c) 
Recreational uses, provided that such uses do not take up more than 50% of the width of the buffer area or 70% of the length of the buffer area.
(3) 
Minimum buffer areas shall be considered part of the special buffer.
(4) 
All parking areas must comply with parking design criteria.
H. 
The rear yard and first floor of the rear outside wall of any single-family dwelling unit, attached or detached, must be screened from view and buffered from any street classified as local, collector or arterial roadway. This buffer is required either on individual lots or in a planned unit development or major subdivision as part of the common open space owned and maintained by the homeowner's association according to one of the following scenarios:
[Added 7-7-1997 by Ord. No. 1261-97]
(1) 
Local street: A minimum of 100 feet in width or 50 feet in width for planned unit development shall be planted with a minimum of four shade trees, 15 evergreen trees and 30 shrubs per 100 linear feet of buffer/road right-of-way.
(2) 
Collector street: A minimum of 150 feet in width or 50 feet in width for planned unit development shall be planted with a minimum of six shade trees, 18 evergreen trees and 40 shrubs per 100 linear feet of buffer/road right-of-way.
(3) 
Arterial: A minimum of 200 feet in width or 150 feet in width for planned unit development shall be planted with a minimum of eight shade trees, 20 evergreen trees and 48 shrubs per 100 linear feet of buffer/road right-of-way. (Buffer width may be reduced for planned unit development to 100 feet if the buffer area is comprised of natural pine overstory.)
(4) 
NOTE: Two ornamental or evergreen trees may be substituted per shade tree, provided that substitutions do not exceed 25% of the required amount of shade trees.
[1]
Editor's Note: Original Appendix 9, Alternate Septic Systems, which immediately preceded this section, was deleted 11-20-1989 by Ord. No. 1014-89. Said Appendix 9 was previously repealed by Ord. No. 991-89, adopted 5-1-1989.

§ 203-170 CLUZ Impact Area.

A. 
The purpose of this area is to identify areas of potential noise impact of Hamilton Township that are affected by existing and future development of the Federal Aviation Administration Technical Center (hereinafter referred to as "FAATC") and to require measures to alleviate said impact.
B. 
The CLUZ Area is that portion of Hamilton Township identified on the Zoning Map[1] as the CLUZ Impact Area. For development proposed, the CLUZ Area is further subdivided into the following noise impact zones, which are notes on Figure XV-1,[2] by the isobars representing average day-night noise levels (Ldn):
Zone 1:
Ldn below 65 db
Zone 2:
Ldn 65 to 70 db
Zone 3:
Ldn 70 to 75 db
Zone 4:
Ldn 75 to 80 db
Zone 5:
Ldn above 80 db
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk, where it may be examined during regular business hours.
[2]
Editor's Note: Figure XV-1 is located at the end of this chapter.
C. 
Use compatibility.
(1) 
The compatibility of potential land uses with the noise impact zones listed above is shown on Table A8-2.[3] Those uses which are designated as normally unacceptable may be developed, provided that the applicant installs noise-alleviation devices which will reduce interior noise to acceptable levels.
[3]
Editor's Note: Table A8-2 is located at the end of this chapter.
(2) 
Prior to the issuance of preliminary or final approval of development in the CLUZ Area, the method of noise reduction shall be reviewed by the Township Engineer, Planner and Construction Code Official to ensure conformance with local regulations and the intent of this section.

§ 203-171 Development credit criteria.

A. 
Establishment. Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection B below, every parcel of land in the Agricultural District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Pinelands regional growth area. Pinelands development credits may also be allocated to certain properties in the township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 5-17-1993 by Ord. No. 1148-93]
B. 
Credit ratios.
(1) 
Pinelands development credits are hereby established in the Agricultural District at the following ratios:
(a) 
Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.
(b) 
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.
(c) 
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.
(d) 
Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.
[Amended 8-4-1997 by Ord. No. 1261-97]
(e) 
Other wetlands: 0.2 Pinelands development credit per 39 acres.
(2) 
The allocations established in Subsection B(1) above shall be reduced as follows:
[Amended 2-19-1991 by Ord. No. 1063-1991]
(a) 
Any property of 10 acres or less which is developed for a commercial, industrial, resource-extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b) 
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(c) 
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection C(1) below or when a variance for cultural housing is approved by the township pursuant to § 203-202A(4).
[Amended 5-17-1993 by Ord. No. 1148-93]
(d) 
The Pinelands development credit (PDC) entitlement for a parcel of land shall also be reduced by 0.25 PDC for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 5-17-1993 by Ord. No. 1148-93]
(3) 
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B(1) above.
(4) 
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Agricultural District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.
[Amended 2-19-1981 by Ord. No. 1063-1991; 8-4-1997 by Ord. No. 1280-97]
(5) 
The provisions of Subsection B(4) above shall also apply to owners of record of less than 0.10 acres of land in the Agricultural District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B(1) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Added 8-4-1997 by Ord. No. 1280-97]
C. 
Limitations on use of Pinelands development credits.
(1) 
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection F(2) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission. Notwithstanding the above, an owner of property from which the Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Amended 2-19-1991 by Ord. No. 1063-1991; 8-4-1997 by Ord. No. 1280-97]
(2) 
The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the property is located.
(3) 
No Pinelands development credit may be used until the township is presented with a certification by the Commission that the credit has not been utilized in any other municipality in the Pinelands.
(4) 
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. Prior to the Board granting final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for the use of Pinelands development credits in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 203-9D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the Board memorializing the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 8-4-1997 by Ord. No. 1280-97; 6-18-2001 by Ord. No. 1401-2001]
(5) 
In the event that preliminary approval is obtained for development involving the use of Pinelands development credits, such approval shall be expressly conditioned upon demonstration of title to the credits at the time of final approval.
(6) 
All development involving the use of Pinelands development credits shall be phased so that the credits are utilized at every stage of development on a pro rata basis with those units permitted as a matter of right.
(7) 
In no case shall a building or construction permit be issued for any development involving the use of PDC's until the developer has provided the Pinelands Commission and the township with evidence of his ownership of the requisite PDC's and those PDC's have been redeemed with the township.
[Added 5-17-1993 by Ord. No. 1148-93]
D. 
Pinelands development credit bonus multipliers. Pinelands development credits which are used for security as density bonus for parcels of land located in a regional growth area shall yield a bonus of four dwelling units per credit.
E. 
Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth area, provided that the density does not exceed the limits of the density range specified in the municipal district in which the property is located.
F. 
Recorded deed restrictions.
(1) 
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(2) 
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses in the Agricultural District: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; and agricultural products processing facilities.
[Amended 2-19-1991 by Ord. No. 1063-1991; 6-18-2012 by Ord. No. 1722-2012]
G. 
Use of Pinelands development credits.
[Amended 2-19-1991 by Ord. No. 1063-91; 5-17-1993 by Ord. No. 1148-93]
(1) 
Pinelands development credits shall be used in the following manner:
(a) 
To permit development of parcels of land in the GA-L, GA-M, GA-I and PVD Districts according to the density and lot area requirements set forth in Table 7.1.[1]
[Amended 12-5-2006 by Ord. No. 1579-2006]
[1]
Editor's Note: Table 7.1 is included at the end of this chapter.
(b) 
When a variance of residential density or minimum residential lot area requirements for the R-22, R-9, GA-L, GA-M, GA-I , VC or PVD District is granted, Pinelands development credits shall be required for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Amended 7-7-1997 by Ord. No. 1261-97; 12-5-2006 by Ord. No. 1579-2006]
(c) 
When a variance or other approval for a nonresidential use not otherwise permitted in the R-9, R-22, GA-L, GA-M, GA-I or PVD Zoning District is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credits used in the zone in which the nonresidential use will be located for parcels under 10 acres in size; for 75% of the maximum rate for parcels between 10 acres and 20 acres in size; and for 100% of the maximum rate of parcels over 20 acres in size. The requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 6-18-2001 by Ord. No. 1401-2001; 12-5-2006 by Ord. No. 1579-2006]
(d) 
When a variance or other approval for a residential use in the HC, DC, GD, or IBP Zoning District is granted by the Township, Pinelands development credits shall he used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 acres and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
[Amended 6-18-2001 by Ord. No. 1401-2001]
(e) 
When a variance for cultural housing is granted by the Township in accordance with § 203-202A(4).
(f) 
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(g) 
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the Mizpah Village District or in that portion of the NC District located in Mizpah Village (Block 500, Lot 2; Blocks 503 through 508; Block 532, Lots 1 and 2; Block 534, p/o Lot 1; and Block 531, Lot 5) is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Added 7-7-1997 by Ord. No. 1261-97][2]
[2]
Editor's Note: Former Subsection H, Application of development credits to unit mix and area and bulk standards, as amended 11-20-1989 by Ord. No. 1014-89, was repealed 2-20-1990 by Ord. No. 1019-90.

§ 203-172 D'Imperio dump site.

A. 
The site known as the "D'Imperio dump site" has been identified by the New Jersey Department of Environmental Protection to be a toxic waste dump site from which groundwater contaminants are emanating. In order to protect the health of area residents or potential users of the site, the restrictions of development set forth by Gerard Burke of the New Jersey Department of Environmental Protection in the attached letters and maps[1] shall apply to any new development proposed or as periodically updated.
[1]
Editor's Note: The letters and maps from Gerard Burke of the New Jersey Department of Environmental Protection are on file in the office of the Township Clerk, where they may be examined during regular business hours.
B. 
These development restrictions shall apply until such time as the Department of Environmental Protection and the United States Environmental Protection Agency have determined that the following procedures have been completed and no longer pose a health hazard: removal of the toxic wastes and contaminated soils and the decontamination of the local groundwater. Any development proposed in or around this site must prepare an environmental impact statement specifically showing no generated or incurred impact upon such development or future uses.

§ 203-173 Maximum height requirements for fences, walls and hedges.

The maximum height for fences, walls and hedges shall be as provided below:
Location
Height
(feet)
Residential districts:
Front yard and street side yard of corner lot
[Amended 7-7-1997 by Ord. No 1261-97]
4 (provided that a fence does not encroach on required sight triangles)
Side and rear yards adjacent to residential uses, except that this limitation shall not apply to living hedges
6
Side and rear yards adjacent to nonresidential uses and arterials, except that this limitation shall not apply to living hedges
8
On a corner lot, any yard within the sight triangle
2 1/2
Nonresidential districts:
On a corner lot, any yard within the sight triangle
2 1/2
Side and rear yard
8
Front yard: not permitted
0
Fences surrounding tennis, basketball, baseball or similar courts, provided that all fences surrounding said courts are in the nature of a cyclone fence, shall not exceed 15 feet in height and shall only be located in the side or rear yard of the property
15

§ 203-174 Forestry operations.

[Amended 8-4-1997 by Ord. No. 1280-97]
A. 
Purpose. The governing body of Hamilton Township does herein declare that Pinelands forests are an important cultural, ecological, scenic and economic resource; sound management of the forest resource will ensure its sustainability, health and productivity; and forestry is encouraged throughout the municipality as a means to sustain and protect the natural, cultural and social fabric of the Pinelands. It is the purpose of this section to ensure that forestry activities are carried out in such a way as to provide for the long-term maintenance and sustainability of Pinelands forests and forest resources.
B. 
Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(1) 
Normal and customary forestry practices in residentially improved parcels of land that are five acres or less in size.
(2) 
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.
(3) 
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.
(4) 
Forest stand improvement designed to selectively thin trees (exclusive of those with a caliper of at least six inches) 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.
(5) 
Prescribed burning and the clearing and maintaining fire breaks.
C. 
Forestry application requirements. The information in Subsection C(1) or C(2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 6-18-2012 by Ord. No. 1722-2012]
(1) 
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(2) 
For all other forestry applications:
(a) 
The applicant's name and address and his interest in the subject parcel;
(b) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(c) 
The description, including block and lot designation and street address, if any, of the subject parcel;
(d) 
A description of all existing uses of the subject parcel;
(e) 
A brief written statement generally describing the proposed forestry operation;
(f) 
A USGS Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
(g) 
A forestry management plan that includes, as appropriate:
[1] 
A cover page for the plan containing:
[a] 
The name, mailing address and telephone number of the owner of the subject parcel;
[b] 
The municipality and county in which the subject parcel is located;
[c] 
The block and lot designation and street address, if any, of the subject parcel;
[d] 
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[e] 
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
[2] 
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
[3] 
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[a] 
The number of acres;
[b] 
The general condition and quality of each stand;
[c] 
The overall site quality, relative to the management goals and objectives identified in Subsection C(2)(g)[2] above;
[d] 
An inventory and map of Pinelands native forest types, with native forest types broken into "stands," including information on type, size and volume by species;
[e] 
The age of representative trees;
[f] 
The species composition, including overstory, understory, ground layer structure and composition;
[g] 
The stand cohort composition;
[h] 
The percent cover;
[i] 
The basal area;
[j] 
The structure, including age classes, diameter breast height (DBH) classes, and crown classes;
[k] 
The condition and species composition of advanced regeneration, when applicable;
[l] 
A stocking table showing the stocking levels, growth rates and volume;
[m] 
Projections of intended future stand characteristics at ten-, twenty- and forty-year intervals;
[n] 
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:
[i] 
Stand improvement practices;
[ii] 
Site preparation practices;
[iii] 
Harvesting practices;
[iv] 
Regeneration and reforestation practices;
[v] 
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[vi] 
Herbicide treatments;
[vii] 
Silvicultural treatment alternatives;
[viii] 
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[ix] 
Implementation instructions; and
[x] 
Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and
[o] 
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
[4] 
A map of the entire parcel which includes the following:
[a] 
The owner's name, address and the date the map was prepared;
[b] 
An arrow designating the North direction;
[c] 
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d] 
The location of all property lines;
[e] 
A delineation of the physical features, such as roads;
[f] 
The identification of soil types (a separate map may be used for this purpose);
[g] 
A map inset showing the location of the parcel in relation to the local area;
[h] 
Clear location of the area and acreage in which each shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet and shall be appropriately keyed to the property map; and
[i] 
A legend defining the symbols appearing on the map.
(h) 
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 203-198R and T;
(i) 
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 203-209B;
(j) 
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(9)(b) below;
(k) 
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
(l) 
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection D below;
(m) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(n) 
When prior approval for the forestry activities has been granted by the Zoning Officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 203-9E of Article I.
D. 
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 6-18-2012 by Ord. No. 1722-2012]
(1) 
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;
(2) 
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;
(3) 
The following actions shall be required to encourage the establishment, restoration or regeneration of Gloucester white cedar in cedar and hardwood swamps:
(a) 
Clearcutting cedar and managing slash;
(b) 
Controlling competition by other plant species;
(c) 
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(d) 
Utilizing existing streams as cutting boundaries, where practical;
(e) 
Harvesting during dry periods or when the ground is frozen; and
(f) 
Utilizing the least-intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
(4) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 203-198R and T. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I, Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(5) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;
(6) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 203-209B;
(7) 
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Gloucester white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;
(8) 
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
(a) 
Minimize changes to surface water and groundwater hydrology;
(b) 
Minimize changes to temperature and other existing surface water quality and conditions;
(c) 
Prevent unnecessary soil erosion, siltation and sedimentation; and
(d) 
Minimize unnecessary disturbances to aquatic and forest habitats.
(9) 
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
(a) 
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
(b) 
Herbicide treatments shall be permitted, provided that:
[1] 
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection C(2)(j) above;
[2] 
Control of competitive plant species is clearly necessary;
[3] 
Control of competitive plant species by other, nonchemical means is not practical;
[4] 
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
[5] 
In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;
(c) 
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
(d) 
Disking shall be permitted, provided that:
[1] 
It shall not be permitted in pine plains native forest types;
[2] 
Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration and shall be limited as follows:
[a] 
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[b] 
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[3] 
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Gloucester white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[4] 
It shall follow land contours when slopes are discernible;
(e) 
Root raking shall be permitted, provided that:
[1] 
It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;
[2] 
When used to establish, restore or regenerate Gloucester white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3] 
Root raking debris shall not be piled in wetlands;
(f) 
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
(g) 
Drum chopping shall be permitted, provided that:
[1] 
It shall not be permitted pine plains native forest types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
[2] 
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Gloucester white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3] 
It shall adhere to the following procedures:
[a] 
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[b] 
Drums shall remain unfilled when used during the dormant season;
[c] 
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[d] 
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[e] 
Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.
(10) 
The following standards shall apply to silvicultural practices for harvesting:
(a) 
Clearcutting shall be permitted, provided that:
[1] 
It shall not be permitted in pine plains native forest types;
[2] 
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[3] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;
[4] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[5] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
[6] 
The area of the parcel subject to the clearcut shall have contoured edges, unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;
(b) 
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[1] 
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[3] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years; and
[5] 
The area of the parcel subject to the coppice cut shall have contoured edges, unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used;
(c) 
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[1] 
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[3] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years;
[5] 
The area of the parcel subject to the seed tree cut shall have contoured edges, unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used;
[6] 
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[7] 
Residual seed trees shall be distributed evenly throughout the parcel; and
(d) 
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
(11) 
The following standards shall apply to silvicultural practices for forest regeneration:
(a) 
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection D(11)(b) below; and
(b) 
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[1] 
The use of nonnative cuttings, seedlings or seeds shall not be permitted;
[2] 
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
[3] 
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[4] 
When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
(12) 
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.
(13) 
Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
(14) 
A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.
E. 
Forestry permit procedures.
(1) 
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee as established from time to time by the Township in an amount to cover the projected cost to the Township to administer the permit.
(2) 
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(3) 
Within 45 days of determining an application to be complete pursuant to E(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection D above or disapprove any application which does not meet the requirements of Subsection D above. Any such notice of disapproval shall specifically set forth the deficiencies of the application. A copy of the Zoning Officer's determination shall be forwarded to the Planning Board for informal review by the Board.
(4) 
Upon receipt of a notice of disapproval pursuant to Subsection E(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Section D above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(3) above.
(5) 
Failure of the Zoning Officer to act within the time period prescribed in Subsection E(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6) 
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 203-9D through G of Article I.
(7) 
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
F. 
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(3) above, the applicant shall be required to pay a fee as established from time to time by the Township, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
G. 
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

§ 203-175 Home personal offices.

[Added 8-17-1992 by Ord. No. 1127-92]
Home personal offices for businesses and trades are permitted as accessory uses in designated zoning districts, provided that:
A. 
The office is clearly incidental to the residential use of the dwelling and shall not change the essential character of the dwelling.
B. 
The office use shall not constitute more than 10% of the building area.
C. 
The office shall be for the use of the business owner residing in the dwelling and shall not be used by nonresident employees.
D. 
The office shall not be used for meeting clients, patrons or customers or for the retail sale of products.
E. 
No goods, materials or supplies shall be delivered to the premises except as carried by the business owners in their vehicles.
F. 
No material goods or supplies shall be stored outdoors on site.
G. 
No signs identifying the business shall be permitted.
H. 
The business shall be registered with the township under the provisions of Chapter 124, Businesses, Operation of, Article I, Licensing.

§ 203-176 Medical complexes, nursing homes and convalescent centers.

A. 
Purpose. Medical complexes, general nursing homes and convalescent facilities shall be permitted, provided that the minimum requirements are met as follows:
B. 
Minimum requirements.
(1) 
Site size. There shall be a minimum site size of five acres.
(2) 
Site width. The minimum width of the site shall not be less than 300 feet.
(3) 
See § 203-60 for on-site parking requirements.
[Amended 7-7-1997 by Ord. No. 1261-97]
(4) 
Distance between buildings within the complex. The distance between the side wall of one principal building and the front, rear or side walls of any adjoining principal or accessory building shall not be less than 35 feet.
(5) 
Outdoor sitting areas. Outdoor sitting areas for patients shall be provided which are well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy. Such sitting areas shall be provided with paved areas of adequate size to provide space for small groups of wheelchairs and garden furniture.
(6) 
All lighting shall conform to the requirements as set forth within § 203-167B.
[Amended 7-7-1997 by Ord. No. 1261-97]
(7) 
All other applicable regulations set forth in the commercial district shall apply.

§ 203-177 Places of worship.

A. 
Purpose. Places of worship shall be permitted in any residential district, except the AG Zone, provided that the following controls shall apply.
B. 
Minimum requirements.
(1) 
Minimum lot size. A place of worship shall have a minimum lot size of one acre, with a minimum lot frontage of 150 feet.
(2) 
Distance of building from property line other than street lines. No building or part thereof shall be erected nearer than a distance of 50 feet to any property line.
(3) 
Building coverage as a percentage of lot area. All accessory buildings shall be located on the same lot as the principal buildings, and the sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area.
(4) 
See § 203-60 for on-site parking requirements.
[Amended 7-7-1997 by Ord. No. 1261-97]
C. 
All applicable regulations expressed in this chapter and in the district in which the use is permitted shall apply.
D. 
Places of worship are permitted in the FA-10, FA-25 and FA-70 Districts, provided that:
(1) 
The use does not require or will not generate subsidiary or satellite development.
(2) 
The applicant has demonstrated that adequate public services are available.
(3) 
The use is primarily designed to serve the needs of the agricultural or forest area in which the use is to be located.

§ 203-178 Private swimming pools.

Private swimming pools intended for use of the building residents are permitted, provided that:
A. 
The edge of the pool deck or apron shall be no closer than the required setback for an accessory structure or a minimum of five feet from all property lines, whichever is greater.
[Amended 7-7-1997 by Ord. No. 1261-97]
B. 
Adequate fencing, with a lock, shall be utilized to prevent unauthorized use. Such fencing shall surround the pool itself or the yard in which it is located and shall be at a four-foot minimum height. In the case of a raised pool, the rail, etc., shall substitute as a fence. In this case, however, the raised system shall have a locked gate or appropriate locking mechanism to prevent unauthorized access.
C. 
Pool lighting shall be designed and located to prevent glare on contiguous properties.
D. 
Portable pools such as wading pools or other such pools functioning without a filter system shall not be regulated by this section.

§ 203-179 Professional offices for one professional.

Professional offices for one professional are permitted, provided that:
A. 
The professional use shall be clearly incidental to the residential use of the dwelling unit and shall not change the essential residential character of the dwelling.
B. 
The professional use shall not constitute more than 30% of the building's floor area.
C. 
The office shall be for the exclusive use of the professional who resides on the premises and not more than two employees.
D. 
No external alteration inconsistent with the residential use of the dwelling unit shall be permitted.
E. 
No storage of materials or products shall be permitted outside the dwelling unit, and no display of products shall be visible from outside the building.
F. 
No more than one nameplate or sign of two square feet or less shall be permitted. Such sign may be attached to the residence.
G. 
See § 203-60 for on-site parking requirements.
[Amended 7-7-1997 by Ord. No. 1261-97]
H. 
All applicable regulations expressed in this chapter and in the district in which the use is permitted shall apply.

§ 203-180 Schools.

Notwithstanding any other provision contained in this chapter, schools, whether public or private, shall be permitted, except for the AG Zone, provided that:
A. 
Any school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder.
B. 
Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the New Jersey State Board of Education, if license for its operation is required by law.
C. 
The minimum lot area shall be five acres plus one acre for each 100 pupils for whom the school is designed.
D. 
Any other provision contained in this chapter notwithstanding, no school building or part thereof shall be erected nearer than a distance equal to three times the height of such building to any property line other than a street line.
E. 
All accessory buildings shall be located on the same lot as the principal buildings, and the sum of all areas covered by the principal and accessory buildings shall not exceed 30% of the area of the lot.
F. 
See § 203-60 for on-site parking requirements.
[Amended 7-7-1997 by Ord. No. 1261-97]
G. 
No school permitted hereunder shall be a trade school, except to the extent that it is part of the public education process.
H. 
Schools are permitted in the FA-10, FA-25 and FA-70 Districts, provided that:
(1) 
The use does not require or will not generate subsidiary or satellite development.
(2) 
The applicant has demonstrated that adequate public services are available.
(3) 
The use is primarily designed to serve the needs of the agricultural or forest area in which the use is to be located.

§ 203-181 Setback standards for Pinelands-designated scenic corridors.

A. 
Purpose. This section provides building setback guidelines for the following areas:
(1) 
All public, paved roads in the Rural Development and Forest Areas shall be considered scenic corridors except for those roads which provide for internal circulation within residentially developed areas.
(2) 
Those rivers designated in Subsection D shall be considered as special scenic corridors in any part of the Pinelands.
B. 
Minimum building setbacks. Except as provided in this section, no permit shall be issued for development other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the scenic corridor.
C. 
Exceptions from scenic corridor setbacks.
(1) 
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetland or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped so as to provide screening from the corridor.
(2) 
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped so as to provide screening between the building and the corridor.
(3) 
The requirements of Subsection B above shall not apply to residential cluster developments which comply with the standards of § 203-196.1.
[Added 6-18-2012 by Ord. No. 1722-2012]
D. 
Special scenic corridors. The Great Egg Harbor River as designated in N.J.A.C. 7:50-6.105 and the following tributaries: South River, Mare Run, Deep Run, Watering Race, Jack Pudding Branch, Babcock Creek, Gravelly Run and Miry Run, shall be considered special scenic corridors. All structures within 1/4 mile of the edge of a special scenic corridor shall be designed to avoid adverse visual impact as viewed from the corridor.
[Amended 7-7-1997 by Ord. No. 1261-97]

§ 203-182 Tree preservation.

[Amended 7-7-1997 by Ord. No. 1261-97]
A. 
Purpose. The preservation of existing trees, especially rare and endangered species, specimens and all trees with caliper equal or greater than 15 inches on a development site shall be a primary component of the landscape plan submitted for that project.
B. 
The following figures indicate the methods to be incorporated for protecting designated trees during and after construction.[1]
[1]
Editor's Note: L.S. Figures 1 through 5, 7 and 8 are located at the end of this chapter.
C. 
The developer shall clearly mark on the site plan and landscape plan trees which are to be preserved. Species and caliper of rare and endangered species, specimens and all trees with caliper equal or greater than 15 inches shall be indicated on the plans.
D. 
Any damage incurred to trees designated for preservation shall be immediately repaired. Roots exposed and/or damaged during development shall be immediately trimmed, treated and covered with topsoil.
E. 
Tree replacement guide.
[Amended 8-15-2005 by Ord. No. 1539-2005]
Tree Caliper
Removed
Replace
Deciduous
2"-4"
4"
5"-8"
2 four-inch caliper trees
9"-12"
3 four-inch caliper trees
Greater than 12"
Four-inch caliper tree with multiplier = diameter removed
Evergreen
Up to 6'-0"
6'-0" tall
6'-8'-0"
8'-0" tall
8'-12'-0"
12'-0" tall
Greater than 12-0"
6'-0" tall trees with multiplier = height removed
Ornamental
2"-4"
4"
5"-8"
2 four-inch caliper trees
9"-l2"
3 four-inch caliper trees
Greater than 12"
Four-inch caliper tree with multiplier = diameter removed
Shrub
Up to 4'0"
4'-0" diameter
4'-6'-0"
6'-0" diameter
7'10'-0"
10'-0" diameter
F. 
The removal of vegetation beyond the approved vegetation clearing limit shall result in the following fines:
[Added 8-15-2005 by Ord. No. 1539-2005]
(1) 
For every caliper inch of tree removed that can be field measured, estimated from direct field observation or, if direct field observation or measurement is not possible, extrapolated from digital site photograph(s), the applicant/developer shall pay $100 per inch of tree caliper removed.
(2) 
The payment shall be made by certified check to the Township of Hamilton.

§ 203-183 Wetlands development.

A. 
Development shall be prohibited in all wetlands and wetlands transition areas in the Pinelands Area, except for the following uses:
[Amended 5-17-1993 by Ord. No. 1148-93]
(1) 
Horticulture of native Pinelands species.
(2) 
Berry agriculture.
(3) 
Beekeeping.
(4) 
Forestry.
(5) 
Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 11-13-2012 by Ord. No. 1731-2012]
(6) 
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B(2) below.
(7) 
Private docks, piers, moorings and boat launches.
(8) 
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
(a) 
There is no feasible alternative route (or site) for the facility that does not involve development in a wetland or, if none, that another feasible route (or site) on wetlands does not exist;
(b) 
The (public) need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(c) 
The use represents a need which overrides the importance of protecting the wetland;
(d) 
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(e) 
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development, as determined exclusively based on the existence of special and unusual circumstances.
B. 
Performance standards.
(1) 
No development, except for those uses which are specifically authorized in Subsection A(1) through (4) above, shall be carried out within 300 feet of any wetland area in Hamilton Township unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland area.
(2) 
A significant adverse impact shall be deemed to exist where it is demonstrated that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:
(a) 
An increase in surface water runoff discharge into a wetland.
(b) 
A change in the normal seasonal flow patterns in the wetland.
(c) 
An alteration of the water table in the wetland.
(d) 
An increase in erosion resulting in increased sedimentation in the wetland.
(e) 
A change in the natural chemistry of the ground or surface water in the wetland.
(f) 
A loss of wetland habitat.
(g) 
A reduction in wetland habitat diversity.
(h) 
A change in wetlands species composition.
(i) 
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
(3) 
Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
C. 
Applicability. The standards established herein shall apply to all wetlands areas in Hamilton Township except where regulations adopted by the state or federal agencies supersede local authority.

§ 203-184 Public utility substations.

[Amended 4-18-2005 by Ord. No. 1519-2005]
A. 
The purpose of this section is to provide procedures and regulations regarding the construction of public utility substations to protect the Hamilton Township community from visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive public utility services to the Hamilton Township community, its residents and businesses.
B. 
As used in this section, the following terms shall be defined as indicated:
GENERATING PLANT/FACILITY
A public utility facility at which are located prime movers, electric generators, electric substations and auxiliary equipment for converting mechanical, chemical and/or nuclear energy into electric energy.
GENERATING STATION, PEAK LOAD
A public utility facility in which generation/production shall only be of temporary use where essential for the peak load use of a public utility or less than 15% of the time per generating unit ("time" meaning one calendar year) or during declared emergencies.
PUBLIC UTILITY
Any service: (1) Under exclusive or public franchise, or under state or federal regulations, or under certificate of convenience and necessity, providing the public with electricity, gas, heat, steam, communication, rail transportation, water and sewage; or (2) As defined in N.J.S.A. 48:2-13 as a public utility regulated by the New Jersey Board of Public Utilities which is required to provide service to all who apply within its franchised area, but specifically excluding solid waste/recycling collection, treatment and/or disposal and wireless telecommunication facilities.
PUBLIC UTILITY FACILITIES
Telephone and electric lines, poles, equipment and structures, water or gas pipes, hydrants, valves, mains or structures or sewer pipes, together with accessories, appurtenances, peak load generating stations and substations maintained, operated and conducted for the service, convenience, necessity, health and welfare of the public along with all buildings and structures relating to the furnishing of utility services, including electricity, gas, heat, steam, communication, rail transportation, water and sewage, and not including wireless telecommunication services.
PUBLIC UTILITY STRUCTURES
All buildings, substations and appurtenances relating to the furnishing of utility services, including electricity, gas, heat, steam, communication, rail transportation, water and sewage, but not including wireless telecommunication services.
SUBSTATION
A structure or facility which collects, processes and/or distributes a public utility commodity, but not including wireless telecommunication services. Substations may include on-site generators for emergency use only and not for distribution to the surrounding area.
SUBSTATION, CATV
A public utility facility distributing cable communication services by the use of appurtenances related with CATV for the use of the public.
SUBSTATION, ELECTRIC
A public utility facility for changing or regulating the voltage of electricity.
SUBSTATION, GAS
A public utility facility distributing or processing gas, by the use of pumps, generators and other appurtenances for distribution to the public.
SUBSTATION, SEWER
A utility facility distributing or processing sewer waste, by the use of pumps for the purpose of transmission to a wastewater treatment facility.
SUBSTATION, TELEPHONE/COMMUNICATIONS
A public utility facility distributing telecommunication services by the use of appurtenances related with telephone for the use of the public.
SUBSTATION, WATER
A public utility facility distributing or processing water, by the use of pumps to distribution lines to service the public.
C. 
Permitted use locations for public utility facilities.
(1) 
Public utility substations shall be a permitted use in all zones of the Township, provided that substations in the Pinelands Forest, Agricultural Production and Rural Development areas comply with the respective provisions of N.J.A.C. 7:50-5.23(b)12, 5.24(b)9 and 5.25(b)10, and subject to the zoning requirements for the district in which they are to be located, including land area, structure setback requirements, structure height, and landscaping. The facilities shall not be open to the public and shall be necessary to service the surrounding area. No permanent storage of material or surplus equipment, except for functional equipment within the subject building, shall be permitted in the building or on the lot. If such a facility is placed within a residential district, the architectural character shall blend in harmoniously with the surrounding area.
[Amended 7-5-2005 by Ord. No. 1532-2005]
(2) 
Peak load generating stations shall be permitted only in nonresidentially zoned districts located in the Regional Growth Area, provided that such a facility is in full compliance of Subsections E, F and H of this section.
(3) 
Generating plants/facilities shall not be permitted in the Township.
D. 
Development standards for public utility substations.
(1) 
Applications. Applications shall be submitted to the appropriate land use agency for all public utility substations.
(2) 
Bulk requirements.
(a) 
Height standards. All public utility substations shall conform to the height requirements of the zoning district in which they are proposed.
(b) 
Lot area. All public utility substations shall conform to the lot area requirements of the zoning district in which they are proposed.
(c) 
Setbacks. All public utility substations shall conform to the setback requirements of the zoning district in which they are proposed.[1]
[1]
Editor's Note: Subsection D(3), regarding the Pinelands Comprehensive Management Plan, which subsection immediately followed this subsection, was repealed 7-5-2005 by Ord. No. 1532-2005.
E. 
Discharge and/or emission control devices for all public utility facilities. Any owner, agent, manager, tenant or occupant of any building to which is attached any chimney, smokestack or other vent connected with any stationary engine, steam boiler, fuel-burning equipment or any other apparatus or equipment which does or is likely to emit noxious gases, fumes, smoke containing soot, dust or other objectionable materials shall place upon said apparatus, equipment, chimney, smokestack or other vent necessary and appropriate emission control device(s) that is consistent with and complies with all applicable state and federal laws and regulations for eliminating such noxious gases, fumes, smoke containing soot, dust or other objectionable materials before they are discharged into the open air. The facility must be constructed and operated in a manner that meets all local, state and federal regulations with respect to air quality standards.
F. 
Additional criteria to be followed for all public utility facilities.
(1) 
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the area in which the particular use will provide service.
(2) 
The design of any building in connection with such facilities must not adversely affect the safety and general welfare of the community and the character of the neighborhood in the surrounding area and shall not create a visual intrusion
(3) 
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
(4) 
Landscaping, including shrubs, trees and lawns, as may be required, including screening consisting of three constantly maintained staggered rows of evergreens 18 feet or less on centers, minimum of 15 feet in height or minimum of five inches in diameter, in a fifty-foot buffer or as approved by the Board. Adequate and attractive fences and other safety devices will be provided for sufficient landscaping; including shrubs, trees and lawn are provided and will be periodically maintained, as defined by an approved maintenance schedule. Landscaping shall conform to § 203-169 in addition to the above.
(5) 
Off-street parking shall be provided as determined by § 203-60 during site plan review, based on applicant testimony as to the number of full- and part-time employees, as well as vendors and visitors to the facility.
G. 
Nonconforming public utility substations. Public utility substations in existence on the date of the adoption of this article, which do not comply with the requirements of this article (nonconforming public utility substations), are subject to the following provisions.
(1) 
Nonconforming public utility substations may continue in use for the purpose now used, but may not be expanded without complying with this article.
(2) 
Nonconforming public utility substations which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this article. If this destruction is greater than 50%, then repair or restoration will require compliance with this article.
H. 
Peak load generating station criteria.
(1) 
Peak load generating stations shall adhere to the following additional requirements:
(a) 
Area and bulk requirements.
[1] 
Lot area. Peak load generating stations shall conform to the lot area requirements of the zoning district in which they are proposed, provided that the minimum lot area shall be contiguous and equal to or exceeding four times the area of the generating equipment, buildings and structures proposed to be developed.
[2] 
Height standards. The primary and any secondary structures of a peak load generating station shall meet the height requirements of the zoning district. Any smokestack or chimney connected to these structures shall not exceed 60 feet in height.
[3] 
Setbacks. Peak load generating stations shall conform to the setback requirements of the zoning district for which they are proposed and shall be sited upon a property which is no less than 1,000 feet from the boundary line of any residential zoning district.
(b) 
Fuels must be of regenerative cell, solar, hydro, wind and/or natural gas.
(c) 
Facilities shall not use fuels of nuclear, coal, wood, diesel, oil or anthracite products to generate/produce electricity.
(d) 
Generating/production shall be kept to only peak load periods between the hours of 7:00 a.m. and 10:00 p.m. with total usage less than 15% of the time ("time" meaning one calendar year) or when an authority hearing jurisdiction has declared an emergency that is related to the satisfactory and convenient provision of utility service to the neighborhood or area in which the particular use is to be located.
(e) 
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of utility service to the area in which the particular use will provide service.
(2) 
Any peak load generating station which does not meet all the requirements listed in Subsection H shall be a nonpermitted use.

§ 203-184.1 Personal wireless telecommunications facilities (PWTFs).

[Added 8-19-2002 by Ord. No. 1432-2002]
A. 
The purpose of this section is to provide procedures and regulations for personal wireless telecommunications facilities (PWTFs) to protect the Hamilton Township Community from the visual or other adverse impacts of such facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive wireless communications services to the Hamilton Township Community, its residents and businesses. The Township expresses a preference that antennae be collocated on other similar facilities, or located on existing governmental, utility, or other institutional buildings and towers, rather than for new construction of telecommunications towers.
B. 
As used in this section, the following terms shall be defined as indicated:
ANTENNA(E)
A system or systems of electrical conductors that transmit or receive radio frequency signals for wireless communications.
ANTENNA SUPPORT STRUCTURE
A structure, other than a Telecommunications Tower, which is attached to or located on a building or other structure, and on which one or more Antenna(e) are or may be located.
COLLOCATION
Use of a common PWTF or a common site by two or more wireless license holders, or by one wireless license holder for more than one type of communications technology, and/or placement of a PWTF on a building or structure owned or operated by a utility or other public or institutional entity.
HAMILTON TOWNSHIP COMMUNITY
All areas within the borders of the Township of Hamilton, in the County of Atlantic, State of New Jersey.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
Facilities for the provision of wireless communications, including but not limited to, antennae, antenna support structures, telecommunications towers, transmission equipment, storage sheds, storage buildings, security fencing, landscaping, and related facilities.
TELECOMMUNICATIONS TOWER
A freestanding structure on which one or more antennae are located, including lattice towers, guyed towers, monopoles and similar structures.
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA), including FCC-licensed commercial wireless telecommunications services and cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. Such term does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennae, nor does it include noncellular telephone service.
C. 
Conditional use. Wireless communications utilizing PWTFs shall be deemed a conditional use within all zoning districts, and may be permitted upon the applicant's compliance with the specifications and standards hereinafter set forth in this section.
D. 
Development standards.
(1) 
Applications. Applications shall be submitted for site plan approval, conditional use review, and other required approvals for all new PWTFs, telecommunications towers, modifications to existing PWTFs, and collocation of antennae on existing PWTFs or on existing buildings.
(2) 
Pinelands Comprehensive Management Plan. All PWTFs subject to the provisions herein which are located with the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)(6).
(3) 
No Telecommunications Tower may be constructed unless it has the capacity to collocate at least three other PWTF carriers. In no event, however, shall the height of a Telecommunications Tower exceed 150 feet above ground level unless the applicant demonstrates, by written evidence, that the modification is necessary to facilitate collocation of the telecommunications facilities in order to avoid construction of a new tower or meet the coverage requirements of the applicant's wireless communications system, which requirements must be documented with written, technical evidence from an engineer that demonstrates that the height of the proposed tower is the minimum height required to function satisfactorily, and no tower that is taller than such minimum height shall be approved. In no case shall a tower exceeding 200 feet in height be approved. Any antenna support structure on which a PWTF is mounted shall not extend more than 10 feet above the height of the building or structure to which it is proposed to be attached.
(4) 
All telecommunications towers and antenna support structures shall be subject to a minimum front, side, and rear yard requirement of 1/2 the height of the Telecommunications Tower or antenna support structures, or the minimum yard requirements of the zoning district in which it is located, whichever is greater. Where necessary to address particular safety concerns, the minimum setback requirement may be increased.
(5) 
If PWTFs are located on the roof of a building, whether on an antenna support structure or otherwise, the area of the PWTFs and other equipment and structures shall not occupy more than 25% of the roof area.
E. 
Specific site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted for review and approval as part of the site plan submission:
(1) 
A report, signed by a qualified expert, documenting the capacity of any proposed PWTF for the number and type of antennae;
(2) 
A report, signed by a qualified expert, documenting that any proposed PWTF will have sufficient structural integrity to support the proposed antennae and the anticipated future collocated antennae and that the structural standards developed for antennae by the Electronic Industries Association and/or the Telecommunication Industry Association have been met;
(3) 
A letter of intent by the applicant, in a form which is reviewed and approved by the Township Solicitor, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and
(4) 
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed telecommunications tower and indicating its view from locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.
(5) 
If the PWTF is proposed to be located in the Pinelands Area, a description of the relationship of the proposed facility to any comprehensive plan for local communication facilities which has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c).
F. 
Collocation policy.
(1) 
The Township Planner shall maintain records identifying existing PWTF locations within or near the Hamilton Township Community, copies of which shall also be on file in the Township of Hamilton Planning Office.
(2) 
An applicant proposing a PWTF at a new location shall demonstrate that it has made a reasonable attempt to locate and procure a collocation site acceptable to engineering standards and that none are feasible.
(3) 
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Hamilton Township community inventory, any such facilities in proximate municipalities which may provide service to areas within the Hamilton Township community, and to the extent known, any changes proposed within the next following twelve-month period, including plans for new locations and the discontinuance or relocation of existing PWTF facilities.
(4) 
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reasons for the selection of the subject site. The analysis shall address the following issues:
(a) 
The manner in which the proposed location of the PWTF achieves the objective of providing full wireless communications services within the Hamilton Township community at the time the proposed PWTF is placed into service by the applicant.
(b) 
The manner in which the location of the proposed PWTF relates to the location of any existing antennae, or Telecommunications Tower, or PWTF within and near the Hamilton Township community.
(c) 
The manner in which the proposed location of the PWTF relates to the anticipated need for additional antennae or PWTFs within and near the Hamilton Township community, whether by the applicant or by other providers of wireless communications services;
(d) 
The manner in which the proposed location of the PWTF relates to the objective of collocating the antennae of different providers of wireless communications services on the same PWTF; and
(e) 
The manner in which the applicant's plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within or affecting the Hamilton Township community.
(5) 
The Planning or Zoning Board may retain such technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Hamilton Township's escrow provisions.
G. 
Conditional use standards. All PWTFs shall comply with the following standards:
(1) 
The applicant shall demonstrate the need for a PWTF in the area in which it is proposed to be located, and shall further demonstrate that the site is appropriate for the proposed location of the PWTF. The appropriateness of a proposed site shall be based upon an analysis of and comparison with other potential sites in the area, including without limitation the consideration of such factors as: the ability of the applicant to collocate its facility on existing PWTFs in accordance with the policies set forth in § 203-184.1F; the availability of other sites upon which there are existing governmental, utility, or other institutional structures on which the PWTF can reasonably be mounted on an antenna support structure; the existence of potential usable sites that are not in close proximity to residential areas, and the extent to which there are other potential sites that are more consistent with the requirements of this section, and which enable the applicant to provide adequate service as required by applicable law.
(2) 
Except as set forth in Subsection G(1) above regarding collocation and mounted PWTFs on antenna support structures, and except as set forth in § 203-184.1G(9)(a) through (d) below, PWTFs shall not be permitted as a second principal use on any site.
(3) 
For all PWTFs, adequate traffic ingress and egress shall be provided and designated so as to cause minimum interference with the traffic on abutting streets, as well as ready accessibility to emergency and service vehicles.
(4) 
Sites for PWTFs must demonstrate that they provide the least possible visual impact on residential areas and public rights-of-way. All potential visual impacts must be analyzed to demonstrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(5) 
PWTFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. The facility should be buffered by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
(6) 
PWTFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architectural and/or significant structures should not be impaired or diminished by the placement of PWTFs.
(7) 
Monopole. Any proposed new Telecommunications Tower shall be a monopole unless the applicant can demonstrate, or the Planning Board determines, that a different type of pole is necessary for the collocation of additional antennae on the tower, or would better blend into the surrounding environment.
(8) 
PWTFs shall be located so as to avoid, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in § 203-181D.
(9) 
PWTFs shall be conditionally permitted in the FA-10, FA-25, FA-70, MV, RD-1, RD-2.5, RD-4 and RD-5 Zones only at the following locations:
[Amended 8-18-2003 by Ord. No. 1472-2003; 11-19-2007 by Ord. No. 1613-2007]
(a) 
On developed publicly owned lands within 500 feet of an existing structure, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored and that no tower will be located on State, county or municipal conservation lands, State recreation lands or county and municipal lands used for low-intensity recreational purposes;
(b) 
On the parcel of an approved resource extraction operation, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored;
(c) 
At a first aid or fire station; or
(d) 
At a landfill, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored.
(10) 
If a PWTF is proposed to be located in the Pinelands Area, the applicant shall seek to site the facility in accordance with the Pinelands Commission's hierarchical policy for the specific siting of telecommunications facilities. This policy requires the following order of preferences:
(a) 
Outside the Pinelands;
(b) 
Pinelands regional growth areas, Pinelands towns and the developed portions of military and federal installations;
(c) 
Pinelands rural development areas, agricultural production areas, undeveloped portions of military and federal installation areas and Pinelands Villages other than those expressly identified in N.J.A.C. 7:50-5.4(c)6; and
(d) 
Pinelands preservation area district, special agricultural production areas, forest areas and the Pinelands villages expressly identified in N.J.A.C. 7:50-5.4(c)6, provided that the resulting site does not cause an increase in the number of new towers identified in a comprehensive plan approved by the Pinelands Commission for this group of management areas.
H. 
Site design standards. The following design standards shall apply to PWTFs installed or constructed pursuant to the terms of this section:
(1) 
Fencing and other safety devices. PWTFs shall be surrounded by a security fence. The security fence shall be chain link eight feet in height, and shall be vinyl coated. All telecommunications towers and antenna support structures shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices may be permitted or required, as needed.
(2) 
Landscaping.
(a) 
Landscaping shall be provided along all sides of the security fence. The landscaping shall consist of a vegetative buffer comprised of densely branched evergreen trees acceptable to the New Jersey Pinelands Commission. Where feasible, the buffer shall be staggered to appear natural and shall incorporate existing, significant vegetation. Evergreen trees shall be installed at a height of six feet to eight feet.
(b) 
Where the buffer is to be viewed by pedestrian or vehicular traffic, a mix of evergreen and deciduous shrubs shall front the evergreen buffer. The design shall be submitted to the Planning Board Landscape Architect or other appropriate consultant for consideration. Shrubs shall be at minimum 30 inches to 36 inches in height at the time of installation.
(c) 
The required setback areas shall be maintained in their natural condition (i.e., prior to disturbance), particularly if vegetated. Should the lot be sparsely vegetated, additional deciduous shade trees shall be added to form an overhead canopy of foliage, further mitigating the equipment and the structures. Shade trees shall be one for every 30 feet of linear lot frontage. A corner lot will have two frontages.
(d) 
Where side and rear yards abut residential uses, the same shade trees treatment shall be required, and in the same quantitative manner, as herein provided. Shade trees shall be installed at 14 feet in height, and approximately three inches through 3 1/2 inches caliper in trunk size.
(e) 
The landscape section of this section is to insure the proper visual buffering and aesthetic treatment of the site without interfering with normal operations.
(3) 
Signs. Signs shall not be permitted except for those displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area for each sign. No commercial advertising shall be permitted on any PWTF, Telecommunications Tower, or antenna support structure.
(4) 
Color. PWTFs shall be of a color appropriate to the tower's locational context, with the intention to make it as unobtrusive as possible, unless a particular color is otherwise required by other applicable laws.
(5) 
Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved.
(6) 
Dish antennae. Dish antennae shall be colored, camouflaged or screened to be as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet. Any dish antenna installed to satisfy federal, state, county, or local government public safety requirements that conflict with the foregoing requirements shall be exempt from such requirements.
(7) 
Lighting. No lighting shall be permitted except as follows:
(a) 
PWTFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the lighting is attached to the facility, is focused downward, and is on timing devices and/or sensors so that the lighting is turned off when not needed for safety or security purposes; and
(b) 
No lighting shall be permitted on a Telecommunications Tower or antenna support structure except such lighting that is specifically required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(8) 
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance,[1] except for emergency situations requiring the temporary use of a backup generator.
[1]
Editor's Note: Seethe Code of the Township of Hamilton, Ch. 214, Noise.
(9) 
Radio frequency (RF) emissions. PWTFs which meet the applicable federal standards for RF emissions shall not be conditioned or denied on the basis of any RF impacts. Applicants shall provide current information regarding applicable federal standards concerning PWTFs and RF emission standards. Applicants shall be further required to provide information on the projected power density of the proposed PWTF and the manner in which such PWTF meets the applicable standards.
(10) 
Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96), entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," (or its equivalent), as it may be updated or amended from time to time.
(11) 
Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance, and that it is in accordance with the approved site plan.
(12) 
Collocation accommodations. Construction of any new telecommunications tower or antenna support structure shall be designed and erected to accommodate public safety and emergency services antenna and equipment, whenever feasible.
I. 
Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this section which do not comply with the requirements of this section (nonconforming PWTFs) are subject to the following provisions.
(1) 
Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.
(2) 
Nonconforming PWTFs that are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 50 percent, however, then such repair or restoration will require compliance with this section.
(3) 
The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennae or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.
J. 
Abandonment and removal. In accordance with regulations adopted by the Pinelands Commission, the following provisions shall apply:
(1) 
Abandonment. Any telecommunications tower, PWTF's, antennae, and other equipment, which are not operated for wireless communication purposes for a continuous period of six months, shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its cost. The owner of a telecommunications tower, PWTF, or antennae, and the owner of the property on which the facility is located, shall be under a joint and several duty to remove the abandoned telecommunications tower, PWTF, antennae, and other equipment at their cost. If such telecommunications tower, PWTF, antennae, or other equipment are not removed within 60 days of the receipt of notice from the Township notifying the owner or owners of such abandonment, the Township may cause or effectuate removal as set forth below.
(2) 
Removal. When an owner of a telecommunications tower, PWTF, antennae, and other equipment who has been provided notice for the removal thereof, fails to do so within 60 days of notice from the Township of such abandonment, then the Township may remove such Telecommunications Tower and/or equipment and place a lien on the property for the costs incurred for such removal. If removed by the owner, a demolition permit shall be obtained and the facility and equipment shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of removal and site restoration. The amount of the bond shall take into consideration any cost escalation that may be reasonably anticipated.

§ 203-185 Vegetation removal and fire management.

A. 
Vegetation removal and landscaping.
[Amended 8-17-1992 by Ord. No. 1127-92; 8-4-1997 by Ord. No. 1280-97]
(1) 
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
(2) 
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(a) 
Avoid wooded areas, including New Jersey's Record Trees, as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.
(b) 
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
(3) 
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection A(4) below.
(4) 
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection A(3) above or required pursuant to §§ 203-116A(1)(t) and 203-167 shall incorporate the following elements:
(a) 
The limits of clearing shall be identified.
(b) 
Existing vegetation, including New Jersey's Record Trees, as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
(c) 
Permanent lawn or turf areas shall be limited to those specifically intended for active human use, such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
(d) 
Shrubs and trees authorized by N.J.A.C. 7:50-6.25, entitled Pinelands Vegetation Removal and Landscaping Standards, shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
[1] 
In a DC District or Planned Commercial Development, up to 50% of each type of plant material (canopy trees, evergreen buffer, shrubs and ground cover) may be non-native materials;
[2] 
In Planned Residential Development in the GA-I and/or GA-M Districts, up to 50% of the evergreen buffer, shrubbery and ground cover and up to 25% of the canopy and/or ornamental trees may be non-native material;
[3] 
In any commercial district, up to 25% of the canopy trees may be non-native species, and when a commercial use abuts a residential district or use, up to 50% of the evergreen buffer may be non-native species;
[4] 
Non-native street trees may be installed along Route 50 (Cape May Avenue) between 15th Street and its intersection with Route 40 and Mill Street and along Main Street between Sugar Hill Circle and Lenape Avenue;
[5] 
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[6] 
For limited ornamental purposes around buildings and other structures; or
[7] 
When limited use of other shrubs or tree species is required for proper screening or buffering.
(5) 
Lot disturbance.
[Added 6-19-2000 by Ord. No. 1368-2000]
(a) 
Schedule of lot disturbance permitted for major residential subdivision lot size:
Lot Sizes
Maximum Lot Disturbance Permitted
Less than 10,000 square feet
65%
10,001 square feet to 20,000 square feet
55%
20,001 square feet to 1 acre
40%
Greater than 1 acre to 3.2 acres
30%
Greater than 3.2 acres
20%
(b) 
There will be a maximum 65% lot disturbance per site permitted for all town homes, condominiums, garden apartments and zero lot line applications.
(c) 
For all residential applications, the initial clearing will be limited to the clearing necessary to construct all roadways and drainage facilities only. All building lots shall be cleared on an individual basis upon the issuance of a building permit or an approved landscaping and lot disturbance plan.
(d) 
The applicant will also be required to flag and well all trees greater than eight inches in diameter that are outside the building envelope to be saved as part of the landscaping plan.
[Amended 8-15-2005 by Ord. No. 1538-2005]
(e) 
All individual plot plans must conform to the provisions of the requirements of this section. All plot plans must contain the limits of disturbance, existing and proposed grading, existing trees to be preserved and any trees to be installed in conjunction with the landscaping plan. The Township Engineer will complete an inspection of all building lots prior to the issuance of a building permit to ensure compliance with the disturbance regulations.
(f) 
All plant material to be preserved shall be protected from damage during construction by fencing or similar barrier. Tree protection devices shall be installed before any excavation or grading is initiated and shall be maintained for the duration of the construction period. The location and extent of all protection devices shall be indicated on the landscaping plan.
(g) 
As a minimum precaution, the contractor shall install snow fencing supported by steel posts adjacent to the areas where plant materials are to be protected.
(h) 
Any damage incurred to existing trees shall be immediately repaired. Roots exposed and/or damaged during grading operations shall be immediately trimmed, treated and covered with topsoil.
(i) 
If trees designated for preservation are damaged, the applicant shall replace them with plant material similar in size and type as the original specimen. The specific replacement policy with respect to size/survival criteria shall be developed by an independent landscape architect and shall be submitted for review by the township professionals.
(j) 
Trees may be preserved in areas where less than 24 inches of fill is proposed by observing the following procedures: Such trees shall be protected by a cylindrical sheath of galvanized metal placed within six inches of the trunk on all sides. Before soil is placed over the root stems, a layer of broken stone or coarse gravel shall be laid down to within six inches of finished grade. A one-half-inch-thick fiberglass blanket with seams lapped at least six inches shall be spread over the gravel to enhance air circulation to the root zone. The remaining elevation shall be filled with topsoil. The area to be treated in this manner shall extend to the outer dripline of the branches.
(k) 
Section 203-185A(5) will apply only to residential uses up to the issuance of a certificate of occupancy for the dwelling.
B. 
Fire management.
(1) 
The standards in this section are applicable to all development in the Pinelands Area of Hamilton Township.
(2) 
The following vegetation classifications shall be used in determining the fire hazard of a parcel of land.
Hazard
Vegetation Type
Low
Atlantic white cedar; hardwood swamps
Moderate
Nonpine barrens forest; prescribed burned areas
High
Pine barrens forest, including mature forms of pine, pine-oak or oak-pine
Extreme
Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland
(3) 
No development shall be carried out in the Pinelands Area of the township in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection B above unless such development complies with the following standards:
(a) 
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.
(b) 
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
(c) 
The rights-of-way of all roads will be maintained so that they provide an effective fire break.
(d) 
A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
[1] 
In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:
[a] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.
[Amended 7-7-1997 by Ord. No. 1261-97]
[2] 
In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:
[a] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.
[Amended 7-7-1997 by Ord. No. 1261-97]
[3] 
In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:
[a] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
No pine tree (Pinus species) is closer than 25 feet to another pine tree.
[c] 
All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.
[Amended 7-7-1997 by Ord. No. 1261-97]
(e) 
All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
[1] 
Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.
[2] 
All dead and irreparably damaged plant material, as well as those plants listed on New Jersey's list of invasive species, is removed. The Township Landscape Architect shall determine or verify irreparably damaged plant material in the field prior to the clearing operation.
[Amended 7-7-1997 by Ord. No. 1261-97]
[3] 
Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical.
[4] 
There is a specific program for maintenance.
(f) 
All structures will meet the following specifications:
[1] 
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.
[2] 
All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.
[3] 
Any openings in the roof, attic and the floor shall be screened.
[4] 
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over outlets.
[5] 
Flat roofs are prohibited in areas where vegetation is higher than the roof.

§ 203-186 Water quality.

A. 
General.
(1) 
All development in the Pinelands Area of Hamilton Township shall comply with the water quality provisions of this section.
(2) 
All development shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
(3) 
Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.
(4) 
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
B. 
Minimum standards for point and nonpoint source discharges. The following point and nonpoint discharges may be developed or operated in the Pinelands Area of Hamilton Township:
(1) 
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections B(2) through (6) below, provided that:
[Amended 8-4-1997 by Ord. No. 1280-97]
(a) 
There will be no direct discharge into any surface water body.
(b) 
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million of nitrate/nitrogen.
(c) 
All public wastewater treatment facilities are designed to accept and treat septage.
(d) 
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(2) 
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:
(a) 
There will be no direct discharge into any surface water body.
[Amended 11-20-1989 by Ord. No. 1014-89]
(b) 
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.
(c) 
Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
[Amended 8-4-1997 by Ord. No. 1280-97]
(d) 
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million of nitrate/nitrogen.
[Amended 8-4-1997 by Ord. No. 1280-97]
(3) 
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(a) 
There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above.
[Amended 8-4-1997 by Ord. No. 1280-97]
(b) 
There is no increase in the existing approved capacity of the facility.
(c) 
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million of nitrate/nitrogen.
(4) 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 8-4-1997 by Ord. No. 1280-97]
(a) 
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.
(b) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 203-171 or 203-202.
(c) 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.
(d) 
The depth to seasonal high water table is at least five feet.
(e) 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.
(f) 
The system will be maintained and inspected in accordance with the requirements of Subsection B(7) below/
(g) 
The technology has been approved for use by the New Jersey Department of Environmental Protection.
(h) 
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23(a), the flow value specified in N.J.A.C. 7:14A-23(a) shall be used in calculating flow.
(5) 
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Added 8-4-1997 by Ord. No. 1280-97]
(a) 
The standards set forth in Subsections B(4)(a) and B(4)(c) through (h) above are met.
(b) 
If the proposed development is nonresidential, it is located outside the FA-10, FA-25, FA-70, HC, AG, RD-1, RD-2.5, RD-4, RD-5 and rural development area of the NC Zones.
[Amended 11-19-2007 by Ord. No. 1613-2007]
(c) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 203-171 or 203-202.
(6) 
Surface water runoff, provided that:
[Amended 8-4-1997 by Ord. No. 1280-97]
(a) 
The total runoff generated from any net increase in impervious surfaces by a ten-year storm of twenty-four-hour duration shall be retained and infiltrated on site. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4.
(b) 
The rates of runoff generated from the parcel by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4.
(c) 
Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel.
(d) 
Excessively and somewhat excessively drained soils, as defined by the Soil Conservation Service, should be avoided for recharge of runoff wherever practical.
(e) 
A minimum separation of three feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high-water table is met, or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality.
(f) 
A four-year maintenance guaranty is provided for the entire stormwater management system by the applicant. In addition, the applicant shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than 10 years. The program shall identify the entity charged with the responsibility for annual inspections and the completion of any necessary maintenance, and the method to finance said program.
(7) 
Individual wastewater treatment facility and petroleum tank maintenance.
(a) 
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provision of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
[1] 
Have the facility inspected by a technician at least once every three years.
[2] 
Have the facility cleaned at least once every three years.
[3] 
Once every three years, submit to the Board of Health serving Hamilton Township a sworn statement that the facility has been inspected and cleaned, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
(b) 
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]
[1]
Editor's Note: See N.J.S.A. 58:10A-21 through 10A-37.
(8) 
Prohibited chemicals and materials.
(a) 
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 Pinelands. Liquid or dewatered sludge may only be applied as part of a land application program for agricultural purposes when also approved by the New Jersey Department of Environmental Protection.
(9) 
Water management. Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. In areas served by central sewers, water-saving devices such as water-saving toilets, showers and sink faucets shall be installed in all new development. Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.
(10) 
Alternate design pilot program treatment systems shall be permitted, provided that:
[Added 12-2-2002 by Ord. No. 1443-2002]
(a) 
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;
(b) 
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(10)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 203-171 or § 203-202;
(c) 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d) 
The depth to seasonal high-water table is at least five feet;
(e) 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f) 
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
(g) 
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
(h) 
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
(i) 
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j) 
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time;
(k) 
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(u)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(10)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system; and
(l) 
No system shall be installed after August 5, 2007.

§ 203-187 Fair housing requirements.

[Amended 2-1-1993 by Ord. No. 1140-93; 8-6-2007 by Ord. No. 1600-2007]
A. 
Intent. This section of the Township Code sets forth regulations regarding the low- and moderate-income housing units in the Township consistent with the provisions known as the "Substantive Rules of the New Jersey Council on Affordable Housing for the period beginning December 20, 2004," N.J.A.C. 5:94 et seq.; the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq.; and the Township's constitutional obligation to provide a fair share of affordable housing for low- and moderate-income households. These regulations are also intended to provide assurances that low- and moderate-income units (the "affordable units") are created with controls on affordability over time and that low- and moderate-income people occupy these units. These regulations shall apply except where inconsistent with applicable law.
B. 
Applicability. The standards of this section shall apply as follows:
(1) 
This section in its entirety shall apply to all residential developments of 25 or more units in the GA-I, GA-M and GA-L Zoning Districts.
(2) 
The standards of Subsections C(2), (3), (4), D(3), (4) and F through S of this section shall apply to residential development in the PVD Zoning Districts.
C. 
Proportion of low- and moderate-income units by sale, rental and by number of bedrooms.
(1) 
A minimum 10% of all units in a development shall be affordable to low- and moderate-income households.
(2) 
At least half of the for sale affordable units within each affordable housing development shall be affordable to low-income households.
(3) 
At least half of the rental affordable units within each affordable housing development shall be affordable to low-income households.
(4) 
At least half of the affordable units in each bedroom distribution within each affordable housing development shall be affordable to low-income households.
D. 
Minimization of cost-generating features.
(1) 
If the developer seeks to buy out of the active recreation obligation in accordance with the provisions § 203-158I, the recreation fees applicable to affordable units shall be 50% of the amount required by that section.
(2) 
As is customary with respect to Mount Laurel projects, the following specific cost reduction entitlements apply to projects that include affordable units:
(a) 
No Planning Board application and escrow fees shall be attributable to the affordable units.
(b) 
No fees shall be charged for building permits, certificates of occupancy, and engineering inspections for the affordable units.
(3) 
The applicant shall be entitled to request that the affordable units be granted relief from cost-generating application requirements and development standards that are not essential to protect the public health and safety and reasonable variances and waivers necessary to construct the inclusionary development, in accordance with N.J.A.C. 5:94-8. These waiver and variance provisions shall not apply to development standards adopted by the Township that were established by the New Jersey Pinelands Commission pursuant to N.J.A.C. 7:50-6 and the requirements for the purchase of PDCs for market-rate units.
E. 
Provision of low- and moderate-income units at an off-site location.
(1) 
A developer or group of developers may request approval from the Planning Board to provide low- and moderate-income housing units at an off-site location either through the construction of new units or the purchase, rehabilitation and sale/rental of existing housing (buy down/rent down).
(2) 
The request to provide off-site units shall be made prior to submission of an application for preliminary development approval of the principal development. The request shall provide a statement of how the goals and objectives of the Hamilton Township Housing Plan and the Fair Housing Act would be furthered through off-site, rather than on-site, development of affordable units.
(3) 
If the request for off-site affordable housing at an off-site location is approved by the Planning Board, the developer shall:
(a) 
If the affordable units are proposed in a new project requiring site plan/subdivision approval, an application and necessary documents for the affordable project shall accompany the application for approval of the market units. The application and plans shall comply with the requirements of Article XII, Subdivision, Site Plan and Conditional Use Approval, of this chapter and Subsections B and C of this section.
(b) 
If the affordable units are proposed as new infill construction or buy down/rent down units, documentation demonstrating control of the parcel(s) or unit(s) shall accompany the application for approval of the market units.
(4) 
Development of off-site low-and moderate-income units shall occur prior to or at the same time that market units are constructed. At a minimum, the development schedule in Subsection N of this section shall be met or building permits and certificates of occupancy for market units shall be withheld.
F. 
Bedroom distribution of affordable units.
(1) 
Affordable housing developments which are not limited to age-restricted households shall be structured in conjunction with realistic market demands so that:
(a) 
The combination of efficiency and one-bedroom units is no greater than 20% of the total number of affordable units;
(b) 
At least 30% of all affordable units shall be two-bedroom units.
(c) 
At least 20% of all affordable units shall be three-bedroom units.
(2) 
Affordable housing developments that are limited to age-restricted households shall at a minimum have a total number of bedrooms equal to the number of age-restricted affordable units within the affordable housing development. The standard may be met by creating all one-bedroom units or by creating a two-bedroom unit for each efficiency unit.
G. 
Establishment of rents and prices of units as related to household size and number of units.
(1) 
In conjunction with realistic market information, the following shall be used to determine maximum rents and sales prices of the affordable units:
(a) 
Efficiency units shall be affordable to one-person households.
(b) 
A one-bedroom unit shall be affordable to a one- and one-half person household.
(c) 
A two-bedroom unit shall be affordable to a three-person household.
(d) 
A three-bedroom unit shall be affordable to a four- and one-half person household.
(e) 
A four-bedroom unit shall be affordable to a six-person household.
(2) 
For assisted living facilities, the following standards shall be used:
(a) 
A studio shall be affordable to a one-person household.
(b) 
A one-bedroom unit shall be affordable to a one- and one-half person household.
(c) 
A two-bedroom unit shall be affordable to a two-person household or to two one-person households.
(3) 
In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the administrative agent shall strive to:
(a) 
Provide an occupant for each unit bedroom;
(b) 
Provide children of different sex with separate bedrooms; and
(c) 
Prevent more than two persons from occupying a single bedroom.
H. 
Establishing median income by household size: Median income by household size shall be established using a regional weighted average of the uncapped Section 8 income limits published by HUD computed as set forth in N.J.A.C. 5:94-7.2.
I. 
Establishing average rents of affordable units.
(1) 
The maximum rent of affordable units within each affordable housing development shall be affordable to households earning no more than 60% of median income. The average rent for low- and moderate-income units shall be affordable to households earning no more than 52% of median income. Restricted rental units shall establish at least one rent for each bedroom type for all low- and moderate-income units provided at least 10% of all low- and moderate-income units are affordable to households earning no more than 35% of median income.
(2) 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
(3) 
Gross rents including an allowance for utilities shall be established for the various size affordable units at a rate not to exceed 30% of the gross monthly income of the appropriate household size as set forth in Subsection G(1) above. The allowance for utilities shall be consistent with the utility allowance approved by NJDCA for use in its Section 8 program.
(4) 
No affordable rental units included in the COAH requirement shall be subject to a rent control ordinance which may be adopted by the Township of Hamilton during the time period in which affordable housing COAH controls are effective.
J. 
Establishing average sales prices of affordable units.
(1) 
The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than 70% of median income. Each affordable development must achieve an affordability average of 55% for restricted ownership units. Moderate income ownership units must be available for at least three different prices for each bedroom type, and low-income ownership units must be available for at least two different prices for each bedroom type.
(2) 
Low- and moderate-income units shall utilize the same heating source as market units within an inclusionary development.
(3) 
The initial purchase price for all restricted ownership units shall be calculated so that the monthly carrying costs of the unit, including principal and interest (based on a mortgage loan equal to 95% of the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private mortgage insurance and condominium or homeowner association fees do not exceed 28% of the eligible monthly income of an appropriate household size as determined under N.J.A.C. 5:80-26.4; provided, however, that the price shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3.
K. 
Affordable housing units: condominium or homeowners' association fees.
(1) 
If an affordable housing unit is part of a condominium association or homeowners' association, the master deed shall reflect that the assessed affordable homeowners' fee be established at 100% of the market-rate fee. This percentage assessment shall be recorded in the master deed.
L. 
Reservation of units.
(1) 
Low-income housing units shall be reserved for households with a gross household income equal to or less than 50% of the median income approved by COAH.
(2) 
Moderate-income housing units shall be reserved for households with a gross household income in excess of 50% but less than 80% of the median income approved by COAH.
M. 
Reoccupancy certificates. Upon resale of an affordable unit, a certificate of reoccupancy shall be required in accordance with N.J.A.C. 5:80-26.10.
N. 
Phasing of construction. Final site plan or subdivision approval shall be contingent upon the affordable housing development meeting the following phasing schedule for low- and moderate-income units whether developed in one stage or in two or more stages.
Minimum Percentage of Low- and Moderate-Income Units Completed
Percentage of Market Housing Units Completed
0
25
10
25 + 1 unit
50
50
75
75
100
90
O. 
Control period for affordable housing. Any conveyance of a newly constructed low- or moderate-income sales unit shall contain the restrictive covenants and liens that are set forth in N.J.A.C. 5:80-26 et seq.
P. 
Administration of affordable housing program.
(1) 
Hamilton Township is ultimately responsible for administering the affordable housing program, including affordability controls and the affirmative marketing plan in accordance with the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
(2) 
Hamilton Township has delegated to the Housing Liaison this responsibility for administering the affordable housing program, including administering and enforcing the affordability controls and the affirmative marketing plan of Hamilton Township in accordance with the provisions of this article, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq.
(3) 
Subject to COAH approval, Hamilton Township may contract with one or more administrative agents to administer some or all of the affordability controls and/or the affirmative marketing plan in accordance with this article, the regulations of the Council on Affordable Housing pursuant to N.J.A.C. 5:94 et seq., and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq. If Hamilton Township enters into such a contract, the Housing Liaison shall supervise the contracting administrative agent(s) and shall serve as liaison to the contracting administrative agent(s).
(4) 
The Township of Hamilton intends for the Housing Liaison to administer the sale and rental of all new affordable housing. The Housing Liaison will also oversee and administer income qualification of low- and moderate-income households; place income-eligible households in low- and moderate-income units upon initial occupancy; place income-eligible households in low- and moderate-income units as they become available during the period of affordability controls and enforce the terms of the required deed restrictions and mortgage loans. The Housing Liaison will specifically administer and implement:
(a) 
An administrative plan and program, and related monitoring and reporting requirements as outlined in N.J.A.C. 5:80-26.15 et seq. and this section.
(b) 
A plan for certifying and verifying the income of low- and moderate-income households as per N.J.A.C. 5:80-26.16.
(c) 
Procedures to assure that low- and moderate-income units are initially sold or rented to eligible households and are thereafter similarly re-sold and re-rented during the period while there are affordability controls as per N.J.A.C. 5:80-26 et seq.
(d) 
The requirement that all newly constructed low- and moderate-income sales or rental units contain deed restrictions with appropriate mortgage liens as set forth in the appendixes in N.J.A.C. 5:80-26 et seq.
(e) 
The several sales/purchase options authorized under N.J.A.C. 5:80-26 et seq., except that the Township retains the right to determine by resolution whether or not to prohibit, as authorized under N.J.A.C. 5:80-26 et seq., the exercise of the repayment option.
(f) 
The regulations determining whether installed capital improvements will authorize an increase in the maximum sales price; and which items of property may be included in the sales price as per N.J.A.C. 5:80-26.9.
(5) 
The developers/owners of any inclusionary site shall be responsible for the administrative fee, affirmative marketing and advertising, and such shall be a condition of Planning or Zoning Board approval.
(6) 
Hamilton Township reserves the right to replace the Housing Liaison with another municipal authority or other agency authorized by COAH to carry out the administrative processes outlined above.
Q. 
Time period for controls.
(1) 
Low- and moderate-income rental units shall remain affordable to low- and moderate-income households for a period of 30 years.
(2) 
Low- and moderate-income for sale units shall remain affordable to low- and moderate-income households for a period of 30 years.
(3) 
Rehabilitated owner-occupied single family housing units that are improved to code standard shall be subject to affordability controls for 10 years.
(4) 
Rehabilitated renter-occupied housing units that are improved to code standard shall be subject to affordability controls for at least 10 years.
(5) 
Housing units created through conversion of a nonresidential structure shall be considered a new housing unit and shall be subject to affordability controls for new housing units as designated in Subsection Q(1) and (2) above.
(6) 
Affordability controls on accessory apartments shall be for a period of 30 years.
(7) 
Affordability controls for units in alternative living arrangements shall be for a period of 30 years unless otherwise specified in a funding agreement with a state or federal agency.
(8) 
Affordability controls on buy-down units shall be for a period of 30 years.
R. 
Selection of occupants of affordable units.
(1) 
The administrative agent shall use a random selection process to select occupants of low- and moderate-income housing.
(2) 
A waiting list of all eligible candidates will be maintained in accordance with the provisions contained in N.J.A.C. 5:80-26 et seq.
S. 
Affirmative marketing plan.
(1) 
In accordance with the regulations of COAH pursuant to N.J.A.C. 5:94 et seq. and the New Jersey Uniform Housing Affordability Controls pursuant to N.J.A.C. 5:80-26 et seq., Hamilton Township adopted an affirmative marketing plan.
(2) 
All affordable housing units shall be marketed in accordance with the provisions therein.
(3) 
This subsection shall apply to all developments that contain proposed low- and moderate-income units and any future developments that may occur.
(4) 
In implementing the marketing program, the administrative agent shall undertake all of the following strategies:
(a) 
Publication of one advertisement in a newspaper of general circulation within the housing region.
(b) 
Broadcast of one advertisement by a radio or television station broadcasting throughout the housing region.
(c) 
At least one additional regional marketing strategy using one of the other sources listed below.
(d) 
List the affordable units on the NJHMFA's Housing Resource Center Web site (www.nj.gov/njhrc).
(5) 
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups regardless of race, creed, color, national origin, ancestry, marital or familial status, gender, affectional or sexual orientation, disability, age or number of children to housing units which are being marketed by a developer or sponsor of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward the COAH housing region in which the municipality is located and covers the period of deed restriction. The Township of Hamilton is in the housing region consisting of Atlantic, Cape May, Cumberland and Salem Counties. The affirmative marketing program is a continuing program and shall meet the following requirements:
(a) 
All newspaper articles, announcements and requests for applications for low- and moderate-income units shall appear in the following daily regional newspaper/publications:
[1] 
The Press of Atlantic City.
[2] 
The Times Journal (Vineland).
[3] 
Today's Sunbeam (Salem County).
[4] 
Bridgeton News.
(b) 
The primary marketing shall take the form of at least one press release sent to the above publication and a paid display advertisement in the above newspapers. Additional advertising and publicity shall be on an "as needed" basis. The advertisement shall include a description of the:
[1] 
Location of the units;
[2] 
Direction to the units;
[3] 
Range of prices for the units;
[4] 
Size, as measured in bedrooms, of units;
[5] 
Maximum income permitted to qualify for the units;
[6] 
Location of applications;
[7] 
Business hours when interested households may obtain an application; and
[8] 
Application fees, if any.
(c) 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing shall appear in the following neighborhood-oriented weekly newspapers within the region:
[1] 
The Current.
[2] 
The Record Journal.
(d) 
The following regional cable television station shall be used:
[1] 
WMGM TV 40 (Linwood, NJ).
(e) 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program:
[1] 
Town Hall, 6101 Thirteenth Street, Mays Landing, New Jersey.
(6) 
The following is a listing of community contact person(s) and/or organizations(s) in Atlantic, Cape May, Cumberland and Salem Counties that will aid in the affirmative marketing program with particular emphasis on contracts that will reach out to groups that are least likely to apply for housing within the region: Mizpah Inland Human Services, Mizpah, New Jersey.
(7) 
A random selection method to select occupants of low- and moderate-income housing will be used by the Housing Liaison/administrative agent in conformance with N.J.A.C. 5:80-26.16(1).
(8) 
The Housing Liaison/administrative agent will administer the program. The Housing Liaison/administrative agent has the responsibility to income-qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units which income qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C 5:80-26. The Housing Liaison/administrative agent shall provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements and landlord/tenant law.
(9) 
All developers of low- and moderate-income housing units shall be required to assist in the marketing of the affordable units in their respective developments. This shall include paying the costs for advertising the affordable units as required in this section.
(10) 
The marketing program shall commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy. The marketing program shall continue until all low-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary.
(11) 
The Housing Liaison/administrative agent will comply with monitoring and reporting requirements as per N.J.A.C. 5:80-26.

§ 203-188 Waste management.

[Amended 8-4-1997 by Ord. No. 1280-97]
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed of or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

§ 203-189 Agriculture.

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 Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

§ 203-190 Design guidelines.

The following figures are provided as examples of some of the building configurations site designers should consider in meeting the requirements of this chapter.[1]
[1]
Editor's Note: Figures 1 through 9 are included at the end of this chapter.

§ 203-191 Government buildings.

A. 
Buildings occupied by governmental agencies, as defined in Article III, or emergency service facilities, as defined below, shall be permitted in all districts, except the AG District, provided that the water quality standards established in § 203-186 are met and adequate parking, based on township parking requirements, is provided.
B. 
Governmental buildings and emergency service facilities shall apply to the following area and bulk standards:
(1) 
In the R-9, R-22, MV, GA-I, GA-M, GA-L, RC, DC, HC, NC, GC, IBP and FAATC Districts, the area and bulk standards for the district shall apply.
[Amended 11-19-2007 by Ord. No. 1613-2007]
(2) 
ln the FA-10, FA-25, FA-70, RD-1, RD-2.5, RD-4 and RD-5 Districts, the lot coverage, yard setback and landscape requirements of the NC Disthct shall apply, provided that the water quality standards of this chapter are met.
[Added 2-20-1990 by Ord. No. 1019-90]
(3) 
In the FA-10, FA-25, FA-70, RD-1, RD-2.5, RD-4 and RD-5 Districts without sewer connections, the standards of the NC district shall apply.
[Amended 11-20-1989 by Ord. No. 1014-89[1]]
[1]
Editor's Note: This ordinance also deleted former Subsection B(2) and renumbered Subsection B(3) as Subsection B(2). Ordinance No. 1019-90 added a new Subsection B(2) and so this subsection was again numbered as Subsection B(3).
C. 
Government buildings and emergency service facilities in the FA-10, FA-25 and FA-70 Districts must also:
(1) 
Prove that the proposed use does not require or will not generate subsidiary or satellite development.
(2) 
Demonstrate that adequate public service infrastructure will be available to serve the use.
(3) 
Prove that the use must primarily serve the needs of the district in which it is located.
D. 
For the purpose of this section, "emergency service facilities" are defined as buildings or facilities occupied or used by fire companies or rescue squads recognized by Hamilton Township.

§ 203-192 Satellite dish antennas.

A. 
The purpose of this section is to establish guidelines governing the placement of satellite dish antennas as an accessory use in all the zoning districts of Hamilton Township. Such installation shall require a permit from the Township Zoning/Code Enforcement Officer.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
SATELLITE DISH ANTENNA(E)
An apparatus or apparatuses capable of receiving communications or other signals from a transmitter or transmitter relay located in planetary orbit. Antennae that are part of personal wireless telecommunications facilities shall comply with the requirements set forth in § 203-184.1.
[Amended 8-19-2002 by Ord. No. 1432-2002]
USABLE SATELLITE SIGNAL
A satellite signal that, when viewed on a conventional television set, is at least equal in picture quality to that received from local commercial television stations or cable television.
C. 
Regulations.
(1) 
Location.
(a) 
Satellite dish antennas shall not be installed as a sole structure on a lot.
(b) 
In any residential, commercial or industrial zoning district, satellite dish antennas shall be located in rear yard areas.
(c) 
If a usable satellite signal cannot be received in a rear yard area, then the satellite dish antenna shall be mounted on the roof of existing principal or accessory structures on site or in a side yard area with screening, as required in Subsection C(3)(a) below, installed in the line of sight between the antenna and the front yard area.
(d) 
A waiver shall be required to install a satellite dish antenna in any front yard area. The application for a front yard waiver shall be accompanied by an affidavit from a qualified installer of satellite dish antennas stating the reasons why installation in a rear or side yard area or on a rooftop is not feasible.
(2) 
Setbacks for ground installation shall be as follows:
(a) 
Residential districts:
[1] 
Side yard line: 10 feet.
[2] 
Rear yard line: 10 feet.
(b) 
Commercial or industrial districts:
[1] 
Side yard line: 20 feet.
[2] 
Rear yard line: 20 feet.
(3) 
Screening.
(a) 
In industrial and commercial districts, satellite dish antennas placed at ground level shall be screened from adjacent roads by either an evergreen buffer, six feet in height at time of planting, or a solid wood fence, six feet in height, landscaped at its base with ground cover plantings.
(b) 
In all districts, roof-mounted satellite dish antennas shall be placed, where possible, without interfering with the usable signal, in an unobtrusive location.
(4) 
Other regulations.
(a) 
Satellite dish antennas shall be installed in compliance with the manufacturer's installation standards and local Building and Electrical Codes.[1]
[1]
Editor's Note: See Ch. 144, Construction Codes, Uniform.
(b) 
Satellite dish antennas shall be erected in a secure, wind-resistant manner, to the satisfaction of the appropriate township officials.
(c) 
Satellite dish antennas located in either the FA-10, FA-25 or FA-70 Zoning District shall conform to all applicable regulations for setback and screening established in Article V of this chapter.
(d) 
Satellite dish antennas may not be roof- or front-yard mounted in any of the township historic areas without the express endorsement of the Historic Commission.

§ 203-193 Density Transfer Program.

[Added 5-17-1993 by Ord. No. 1148-93; amended 4-18-1994 by Ord. No. 1164-94]
A. 
Rural development area. Single-family dwellings on lots of at least one acre existing as of January 14, 1981, shall be permitted in the RD-2.5, RD-4, RD-5 and RD-20 Districts, provided that:
[Amended 3-15-2004 by Ord. No. 1490-2004; 11-19-2007 by Ord. No. 1613-2007]
(1) 
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land in the same zoning district which, when combined with the acreage of the lot proposed for development, equals the following:
(a) 
Two and five-tenths acres if the development is proposed In the RD-2.5 District.
(b) 
Four acres if the development is proposed in the RD-4 District.
(c) 
Five acres if the development is proposed in the RD-5 District.
(d) 
Twenty acres if the development is proposed in the RD-20 District.
(2) 
Where the land acquired pursuant to Subsection A(1) (above) consists of multiple contiguous lots, the lots shall be consolidated by deed.
(3) 
All noncontiguous lands acquired pursuant to Subsection A(1) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 6-18-2012 by Ord. No. 1722-2012]
(a) 
The deed of restriction shall permit the parcel to be managed for:
[1] 
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;
[2] 
Where agricultural use exists on a parcel to be protected, the following standards shall apply:
[a] 
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b] 
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[c] 
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(3)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(3)(a)[2][a] above and shall not provide for continuation of any agricultural use on the parcel; and
[d] 
The deed of restriction to be recorded pursuant to Subsection A(3)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of its approval shall also be provided.
(b) 
The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
(4) 
Applicants for development under this section have the option of either maintaining ownership of the deed-restricted land or transferring ownership of it to the following: either open space conservancies or nonprofit open space agencies (Natural Lands Trust, Nature Conservancy, New Jersey Conservation Foundation, and New Jersey Department of Environmental Protection Green Acres Program). Any agency or conservancy not herein listed cannot be used unless authorized by resolution of the Township of Hamilton governing body.
(5) 
The lot proposed for development otherwise meets the minimum standards of this article.
(6) 
Dwelling units constructed under the provisions of this section shall comply with the yard setback requirements of § 203-29B.
B. 
Forest area. Single-family dwellings on lots of at least one acre existing as of January 14, 1981, shall be permitted, provided that:
(1) 
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land in the same zoning district which, when combined with the acreage of the lot proposed for development, equals at least the following:
(a) 
Ten acres if the lands are located in the FA-10 District.
(b) 
Twenty-five acres if the lands are located in the FA-25 District.
(c) 
Seventy acres if the lands are located in the FA-10 District.
(2) 
The requirements of Subsection A(3) through A(7) above are met.

§ 203-194 Swine farming.

[Added 12-16-1996 by Ord. No. 1258-96]
A. 
Purpose and intent.
(1) 
The governing body for the Township of Hamilton and County of Atlantic, being aware of the reflection on surrounding values and of the general annoyance or nuisance created by swine farms and the raising and/or keeping of swine, it is the legislative intent that no additional swine farms be permitted nor any existing swine farm operations be enlarged except as provided herein. It is also the legislative intent to limit the districts where swine farming can occur and to otherwise limit the amount and number of swine raised and/or kept in the various zoning districts in the Township.
(2) 
It shall be unlawful for any person to raise, keep and/or maintain within the geographic limits of the Township of Hamilton any swine except in compliance with the provisions of this chapter and all other laws and ordinances of the Township of Hamilton, the County of Atlantic and State of New Jersey.
B. 
Commercial swine farming. Commercial swine farming, as described herein below, shall be a permitted use only in the Agricultural (AG) and the Forest Area (FA-70) Zoning Districts. Commercial swine farming or the raising of swine for sale or barter or for any use other than personal use shall be prohibited in all other zoning districts in the Township of Hamilton except AG and FA-70.
C. 
Grain feed only. It shall be unlawful to feed swine garbage in any zoning district in the Township of Hamilton, whether cooked or not. In those districts and under those conditions where swine is permitted, both commercially and for personal use, as specifically set forth herein, swine shall be fed with grain only. This provision shall apply to both commercial swine farming and the raising of swine for personal use. Swine shall not be fed on the ground, but on raised platforms constructed of concrete or other similar material, with a minimum thickness of four inches. The feeding platform shall be cleaned on a regular basis.
D. 
Conformance with all municipal, county, state and federal regulations. Commercial swine farming. where permitted under this chapter, shall conform with all laws, rules and regulations relating to the housing, penning, feeding, cleaning and other maintenance standards as are required by the Township of Hamilton, County of Atlantic and State of New Jersey, and the Government of the United States and its various agencies and subdivisions.[1]
[1]
Editor's Note: See Ch. 105, Animals, Article VI, Swine Feeding.
E. 
Permitted swine for personal use. In the following zoning districts, the maintenance and keeping of swine shall be permitted as an accessory use, provided the lot on which the accessory use is being conducted is a minimum of 2.5 acres: RD-2.5, RD-4, RD-5, FA-10, FA-25, FA-70 and AG. In all other zoning districts, swine for personal use shall be prohibited.
F. 
Conditions for maintenance of swine for personal use in RD-2.5, RD-4, RD-5, FA-10 and FA-25 Zoning Districts and maintenance of swine farming in AG and FA-70 Zoning Districts.
(1) 
The pens, fences or all other structures used to house, support, maintain or confine swine and/or the storage of grain foods used for feeding swine and/or the piling or storage of waste from swine may not be constructed or maintained within 50 feet of any and all property lines, front, rear or sides. Annexed hereto as Exhibit "A" is an illustration indicating the buffer locations and requirements. Said illustration is marked as Exhibit "A" and is incorporated herein as if set forth at length.
(2) 
The keeping and raising of swine for personal use and swine farming shall be subject to all of the applicable provisions of the New Jersey Administrative Code, the Atlantic County Board of Health, any and all other state, federal, county or municipal statutes, regulations or ordinances as it relates to all sanitary conditions, storage of food, cleaning of debris and waste, removal of manure and the overall housing and keeping of swine.
(3) 
All feeding of swine shall consist only of and be limited to dry grain dispensed by feeding devices approved by the Atlantic County Board of Health or other appropriate state agency or by grazing upon lands which are enclosed by a pen or fence consistent with the buffer zones as listed in this chapter.
(4) 
Adequate drainage shall be provided in all areas used to house, pen or maintain the swine. Shelters and feeding areas shall be constructed to provide satisfactory drainage. There shall be no pools of stagnant water within these areas.
(5) 
All stalls, pens, sites, buildings or other structures used to house or maintain swine shall be constructed of material of sufficient strength to confine the swine therein. Any facility permitted under this chapter shall be in compliance with the statutes and regulations of the New Jersey Department of Agriculture and the United States Department of Agriculture governing the raising of swine. To the extent that the terms and provisions of this chapter are more restrictive than those required by the New Jersey Department of Agriculture or the United States Department of Agriculture, the terms and provisions of this chapter shall prevail.
(6) 
Buildings, fences, pens, floors and other structures used for the maintenance of swine shall be maintained in a clean and repaired state of condition.
(7) 
All waste material or manure shall be removed daily or more often if sanitation or odor conditions require. All waste material or manure shall be disposed of in such a manner as not to create a sanitation problem nor to be offensive to neighboring residents.
(8) 
No odor offensive to neighboring residents shall be permitted to emit from the premises where swine are raised or maintained.
(9) 
Pest control. Each facility shall put into effect and maintain a program of rodent and/or other pest control consistent with the New Jersey Department of Agriculture, Division of Animal Health.
G. 
Inspection by County Board of Health or other appropriate agencies. The Atlantic County Board of Health and/or any municipal, county or state agency shall be permitted onto the lands for the purposes of inspecting the buildings, pens, premises and other improvements used for the maintenance of swine as often as is deemed necessary. For purposes of making such inspection, the representative of any of the aforesaid agencies shall have free access to all buildings and premises permitted under this chapter.
H. 
Trucks. All trucks used in the cleaning and/or removal of manure or other waste or in any way associated with the use and maintenance of swine shall be cleaned after said use and shall be parked in a location so as not to create or cause obnoxious odors to the neighboring property owners.
I. 
Limit on number of swine permitted in RD-2.5, RD-4, RD-5, FA-10 and FA-25: As an accessory use permitted in the RD-2.5, RD-4, RD-5, FA-10 and FA-25 zoning districts, the number of mature swine over eight weeks shall be limited to four per household. This limitation, however, shall not apply to infant swine who are less than eight weeks of age. This shall not apply to certain "potbellied pigs" which are exclusively raised inside a residential home as a domestic pet.
J. 
Definitions.
COMMERCIAL SWINE FARMING
The raising of swine other than that as defined herein as swine for personal use. It shall include, but is not limited to, the raising and maintaining of swine for sale or barter or the raising of swine until such time as they reach mature body weight, removing them from the premises and replacing them with other swine. Any and all use, maintenance or raising of swine to derive a profit, income or pecuniary benefit of any sort, nature or type.
GARBAGE
All waste material derived, in whole or in part, from the meat of an animal, including fish or poultry, or other animal material or other refuge or any character whatsoever that has been associated with any such material, resulting from the handling, preparation, cooking or consumption of food. All waste material derived from vegetable or other such material resulting from the handling, preparation, cooking or consumption of food.
SWINE
Pigs, hogs and boars, not including small potbellied pigs, which are exclusively raised and kept inside a residential home as a domestic pet.
SWINE FOR PERSONAL USE
The raising and maintenance of swine for personal consumption and not for sale, barter or exchange.
K. 
Penalties. Any person who shall do an act or omit to do an act or shall permit others to do an act on their property which is in violation of this chapter shall be in violation of the law, and upon conviction thereof shall be given five days from the date of notification of said violation to correct any such violations. Failure to correct any such violations shall be subject to a penalty or fine not to exceed $500 and up to 30 days in jail at the discretion of the Municipal Judge. Each and every day that a violation shall be found to exist shall constitute a separate violation of this section.

§ 203-195 Visibility at intersections.

[Added 7-7-1997 by Ord. No. 1261-97]
On a corner lot or any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such manner that it obscures the vision above the height of 2 1/2 feet within 10 feet of any roadway and within 25 feet of the intersection of two roadways. The owner or the tenant of lands lying within these limits shall have the responsibility to keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet where it shall be necessary. No physical obstructions or signs shall be placed in this area without the permission of the Township of Hamilton. Failure to do so shall be subject to the Construction Official's order to remove such material or cut and trim and otherwise maintain the area as required for the safety of the area. If the owner or tenant does not remove said material, the municipality will have the area modified to conform with this section and charge the landowner for the cost of performing the clearing and/or maintenance along the side of the roadway and/or the intersection area.

§ 203-196 Day-care centers in nonresidential zoning districts.

[Added 7-7-1997 by Ord. No. 1261-97]
A. 
Standards for freestanding or stand-alone day-care centers:
(1) 
The day-care center and all accessory development (e.g., parking, trash enclosures, etc.) shall comply with the minimum area and bulk requirements of the zoning district in which the center is located.
B. 
Standards for day-care centers in a commercial building or center of an industrial building.
(1) 
The location and size of a day-care center shall be permanently deed-restricted in order to qualify for the parking, density or floor area ration exclusions allowed at N.J.S.A. 40:55D-66.6 and 40:55D-66.7.
C. 
General standards for day-care centers.
(1) 
Adequate parking shall be provided pursuant to § 203-60 to meet the needs of staff and students.
(2) 
Any outdoor play area shall be fenced in and supervised by staff members at all times that children are present.
(3) 
Where the play area is accessed directly from the building, an access gate shall be provided for use by emergency personnel and equipment.
(4) 
Details of all proposed play equipment shall be provided.
(5) 
All applicable standards of the State Department of Human Services shall be met.

§ 203-196.1 Residential cluster development in the Forest Area and Rural Development Districts.

[Added 6-18-2012 by Ord. No. 1722-2012]
A. 
In the FA-10, FA-25, FA-70, RD-2.5, RD-4, RD-5 and RD-20 Districts, clustering of single-family detached dwellings shall be permitted whenever two or more units are proposed as part of a residential development, except in cases where such development:
(1) 
Conflicts with the provisions of a development transfer program established pursuant to N.J.A.C. 7:50-5.30;
(2) 
Is inconsistent with the standards of Subchapter 6 of the Pinelands Comprehensive Management Plan; or
(3) 
Disrupts the contiguity of the forest ecosystem to a greater degree than nonclustered development.
B. 
The following standards shall apply to the clustering of residential development within the Forest Areas and Rural Development Areas:
(1) 
Maximum density:
(a) 
In the FA-10 District: one unit per 10 acres.
(b) 
In the FA-25 District: one unit per 25 acres.
(c) 
In the FA-70 District: one unit per 70 acres.
(d) 
In the RD-2.5 District: one unit per 2.5 acres.
(e) 
In the RD-4 District: one unit per four acres.
(f) 
In the RD-5 District: one unit per five acres.
(g) 
In the RD-20 District: one unit per 20 acres.
(2) 
The number of base residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection B(1) above.
(3) 
Bonus density.
(a) 
A density bonus may be applied to the cluster development and shall be calculated on the basis of the area of the parcel of land and the density permitted in Subsection A(1) above. All area must be contiguous, and no outparcels shall be permitted. The density bonus shall be applied in accordance with the following table:
[Amended 11-13-2012 by Ord. No. 1731-2012]
Upland Area Size
RD-2.5 District
RD-4 District
RD-5 District
FA-10 and RD-20 Districts
FA-25 and FA-70 Districts
< 50 acres
0
0
0
0
0
50 – 99.99 acres
0
10%
15%
20%
25%
100 – 149.99 acres
0
15%
20%
25%
30%
> 150 acres
0
20%
25%
30%
40%
(b) 
The bonus density in Subsection B(3)(a) above shall not apply to parcels in common ownership as of April 6, 2009. In order to be eligible for the bonus density provided in Subsection B(3)(a) above, an applicant must document the acquisition of additional vacant, contiguous land on or after April 6, 2009. Such land must be included in the application for cluster development and result in the preservation of a larger area of open space. Upon the acquisition of such lands, the bonus density set forth in Subsection B(3)(a) above shall apply to the entire contiguous parcel which is the subject of the cluster development application.
(4) 
The residential cluster shall be located on the parcel such that the development area:
(a) 
Is located proximate to existing roads;
(b) 
Is located proximate to existing developed sites on adjacent or nearby parcels;
(c) 
Is or will be appropriately buffered from adjoining or nearby nonresidential land uses;
(d) 
Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.
(5) 
Development within the residential cluster shall be designed as follows:
(a) 
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(b) 
Each lot within the residential cluster must contain a minimum of 50% of upland, developable area, exclusive of all wetlands and wetland buffers;
(c) 
The minimum bulk requirements specified in § 203-37A for residential development in the RD-1 District shall apply;
(d) 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 203-186B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection B(6)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of §§ 203-186B(5) and (10). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §§ 203-186B(5) and (10) shall also be permitted;
(e) 
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(f) 
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
(6) 
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, the Township of Hamilton or be incorporated as part of one of the lots within the cluster development area.
(a) 
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b) 
The deed of restriction shall permit the parcel to be managed for:
[1] 
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 203;
[2] 
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[a] 
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b] 
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;
[c] 
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection B(2)[a] or [b] above; the deed of restriction shall permit the land to be managed only in accordance with Subsection B(1) above and shall not provide for continuation of any agricultural use on the parcel;
[d] 
The deed of restriction to be recorded pursuant to Subsection B(2)[a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of its approval shall also be provided; and
[e] 
For parcels which meet the standards of Subsection B(2)[a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.