TOWNSHIP OF UPPER
2100 TUCKAHOE ROAD
PETERSBURG, NEW JERSEY
CAPE MAY COUNTY
REGULAR MEETING OF THE TOWNSHIP COMMITTEE –7:30 P.M.
CALL TO ORDER
ROLL CALL
Barbara Camp Present
Frank E. Conrad Present
Curtis Corson Present
John “Jay” Newman Present
Richard Palombo Absent
Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.
APPROVAL OF MINUTES - September 24, 2007 Regular Meeting and
Moved by Jay Newman, second by Barbara Camp to approve the Minutes as written. During roll call vote four Committee members voted in the affirmative.
REPORT OF GOVERNING BODY MEMBERS
Frank Conrad, reported on the Columbus Day Soccer Tournament held in Maryland over the past weekend in which nine Upper Township teams took part. He also reported that the Upper Township Football teams did very well this past weekend. He invited everyone to attend the Football Association benefit pig roast on Saturday at Caldwell Park.
Jay Newman, Reported that Fire Prevention Day would be held in the Schools on Wednesday and the annual Fire Department Open House would be held on Wednesday, Oct. 10th at the Seaville Fire House from 6:00-8:30 P.M.
1. Confirming the appointment of David Pennello to the Upper Township Safety Committee.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.197-2007
RE: CONFIRMING THE APPOINTMENT OF DAVID PENNELLO
TO THE UPPER TOWNSHIP SAFETY COMMITTEE
WHEREAS, the Township of Upper is a member of the Atlantic County Municipal Joint Insurance Fund (“JIF”) and
WHEREAS, the Township, as a participating member of JIF, and as a requirement has created a Safety Committee with certain positions being filled on the Safety Committee; and
WHEREAS, the Township Committee duly considered at its regular meeting held on September 24, 2007, a motion to appoint David Pennello to replace Robert McCauley on the Safety Committee, which is hereby ratified and confirmed through this Resolution;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township Committee hereby appoints David Pennello as a Township representative to the Safety Committee with respect to Township participation in the Atlantic County JIF.
3. This Resolution ratifies and confirms action taken by the Township Committee, by motion, at its regular meeting held on September 24, 2007.
4. A certified copy of this Resolution shall be sent to the Atlantic County Joint Insurance Fund to the attention of Paul Miola, Executive Director and a copy of this Resolution shall be provided to each of the persons named herein.
Resolution No. 197 -2007
Offered by: Newman Seconded by: Conrad
Adopted: October 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp __x______ _______ _________ ______
Conrad __x______ _______ _________ ______
Corson __x______ _______ _________ ______
Newman __x______ _______ _________ ______
Palombo ________ _______ _________ __x____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
RESOLUTION NO. 198-2007
RE: AUTHORIZING PURCHASE OF A VEHICLE FROM STATE CONTRACT
____________________________________________________________________________
WHEREAS, the Township of Upper avails itself of the right to purchase vehicles and equipment under contracts entered into on behalf of the State of New Jersey by the Division of Purchase and Property in the Department of the Treasury pursuant to N.J.S.A. 40A:11-12, and;
WHEREAS, it is necessary to obtain materials, supplies and equipment under such contract or contracts;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township hereby accepts the State Contract
for the purchase of a Ford F-250 from Princeton Nassau for use by the Upper Township Department of Public Works at a cost of $28,070.00.
3. The Vendor shall provide all warranties and manuals applicable to said products and provide same at or before the time of delivery.
4. The Chief Financial Officer has certified the availability of funds and is hereby authorized, directed and empowered to issue a Purchase Order to the vendor in the amount authorized in this Resolution.
5. The vendor has registered with the State of New Jersey pursuant to c.57,
Laws of 2004 and has provided proof of that registration to the Township of Upper.
6. This Resolution ratifies and confirms the action taken by the Township Committee at its regular meeting held on September 24, 2007.
Resolution No. 198-2007
Offered by:Camp Seconded by: Conrad
Adopted: October 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____X______ __________ __________ __________
Conrad ____X______ __________ __________ __________
Corson ____X______ __________ __________ __________
Newman ____X______ __________ __________ __________
Palombo ___________ __________ __________ ____X_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.199–2007
RE: ACCEPTING THE BID OF AND AUTHORIZING THE
EXECUTION OF A CONTRACT WITH BARLOW CHEVROLET, INC.,
OF 6057 ROUTE 130 SOUTH AND FAIRVIEW STREET,
DELRAN, NJ 08075 FOR THE FURNISHING AND DELIVERY OF 2007 OR NEWER 36,000# CAB & CHASSIS, IN THE AMOUNT OF $56,799.00
______________________________________________________________________
WHEREAS, the Township of Upper solicited bids for the furnishing and delivery of 2007 or newer 36,000# Cab & Chassis, which bids were received on September 18, 2007; and
WHEREAS, the aforesaid bids were thereafter reviewed by the Township Engineer; and
WHEREAS, the Township Engineer has submitted a recommendation to the Township Committee with respect to the award of said bids; and
WHEREAS, the Chief Financial Officer of the Township of Upper has certified the availability of funds attached hereto as “Exhibit A” in a sufficient amount to award a contract for $56,799.00, the line item appropriations to which the contract will be charged are Account Numbers 7-04-55-900-103-101;
WHEREAS, the Township intends to take formal action awarding the bid to the lowest responsible bidder as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township hereby accepts the bid submitted by Barlow Chevrolet, Inc., of 6057 Route 130 and Fairview Street, Delran, New Jersey 08075, for the furnishing and delivery of 2007 or newer 36,000# Cab & Chassis, in the amount of $56,799.00 subject to the following:
(A) The Bidder shall comply with all Bid Documents, including the Notice to Bidders, all of which are hereby incorporated herein by this reference.
(B) The Contract to be entered into must comply in all respects with applicable federal, state and local laws and regulations.
(C) The Bidder has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
3. The Mayor and Township Clerk are further authorized to execute a Contract with the successful bidder and/or the Chief Financial Officer is hereby authorized, directed and empowered to issue a Purchase Order to the successful bidder in the amount authorized in this Resolution.
Resolution No. 199-2007
Offered by:Camp Seconded by: Conrad
Adopted: October 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_______ __________ _________ _________
Conrad ___x_______ __________ _________ _________
Corson ___x_______ __________ _________ _________
Newman ___x_______ __________ _________ _________
Palombo ___________ __________ _________ ___x_____
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO.200–2007
RE: ACCEPTING THE BID OF AND AUTHORIZING THE
EXECUTION OF A CONTRACT WITH ALBRECHT AND HEUN, INC.,
OF CAPE MAY COURT HOUSE, NJ 08210
FOR GRADING OF AMANDA’S FIELD BASEBALL COMPLEX
IN THE AMOUNT OF $119,000.00
________________________________________________________________
WHEREAS, the Township of Upper solicited bids for the Grading of the Amanda’s Field Baseball Complex which bids were received on September 18, 2007; and
WHEREAS, the aforesaid bids were thereafter reviewed by the Township Engineer; and
WHEREAS, the Township Engineer has submitted a recommendation to the Township Committee with respect to the award of said bids; and
WHEREAS, the Chief Financial Officer of the Township of Upper has certified the availability of funds attached hereto as “Exhibit A” in a sufficient amount to award a contract for $119,000.00, the line item appropriations to which the contract will be charged are Account Numbers 76-90324;
WHEREAS, the Township intends to take formal action awarding the bid to the lowest responsible bidder as hereinafter provided;
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
3. The allegations of the preamble are incorporated herein by this reference.
4. The Township hereby accepts the bid submitted by Albrecht & Heun, Inc., of P.O. Box 179 Cape May Court House, New Jersey 08210, for the furnishing Grading of Amanda’s Field Baseball Complex in the amount of $119,000.00 subject to the following:
(A) The Bidder shall comply with all Bid Documents, including the Notice to Bidders, all of which are hereby incorporated herein by this reference.
(D) The Contract to be entered into must comply in all respects with applicable federal, state and local laws and regulations.
(E) The Bidder has registered with the State of New Jersey pursuant to c.57, Laws of 2004 and has provided proof of that registration to the Township of Upper.
3. The Mayor and Township Clerk are further authorized to execute a Contract with the successful bidder and/or the Chief Financial Officer is hereby authorized, directed and empowered to issue a Purchase Order to the successful bidder in the amount authorized in this Resolution.
Resolution No.200-2007
Offered by:Newman Seconded by:Corson
Adopted: October 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ___x_______ __________ _________ _________
Conrad ___________ __________ ____x____ _________
Corson ___x_______ __________ _________ _________
Newman ___x_______ __________ _________ _________
Palombo ___________ __________ _________ ____x____
5. Approval of release and settlement agreement in Loose V. Upper Township.
Daniel Young, Municipal Attorney reported that this is a settlement as a result of an ADA lawsuit that was filed against the Township.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 201-2007
RE: APPROVAL OF RELEASE AND SETTLEMENT AGREEMENT
IN LOOSE V. UPPER TOWNSHIP
___________________________________________________________________________
WHEREAS, a legal action was filed against Upper Township by Karl Loose and Advocates for Disabled Americans in the Superior Court of New Jersey, Docket No. CPM-L-717-06; and
WHEREAS, the plaintiff in said litigation sought relief with respect to alleged violations of the Americans With Disabilities Act and other similar statutes; and
WHEREAS, a settlement has been proposed which will resolve all issues in the litigation; and
WHEREAS, the Township Committee of the Township of Upper believes it is in the best interest of the Township to enter into the proposed Release and Settlement Agreement (a copy of which is attached hereto as Exhibit A) and resolve all issues in said litigation; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
SEQ ì_0 \* Arabic \r 11. The allegations of the preamble are incorporated herein by this reference.
SEQ ì_0 \* Arabic \n2. The Township Committee hereby authorizes the appropriate representatives to enter into the aforesaid Release and Settlement Agreement which will resolve all issues in the subject litigation.
SEQ ì_0 \* Arabic \n3. All Township officials and officers are hereby authorized and empowered to take all action deemed necessary or advisable to carry into effect the intent and purpose of this Resolution and the Release and Settlement Agreement attached hereto.
Resolution No. 201 -2007
Offered by: Camp Seconded by: Newman
Adopted: October 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp x ___
Conrad x ___
Corson x ___
Newman x ___
Palombo _x_
6. Setting fees for Maintenance Stormwater Facilities in accordance with Revised General Ordinance No. 19-7.7z.2.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
R E S O L U T I O N
RESOLUTION NO. 202 -2007
RE: SETTING FEES FOR MAINTENANCE OF STORMWATER FACILITIES IN ACCORDANCE WITH REVISED GENERAL ORDINANCE SECTION No. 19-7.7Z.2
__________________________________________________________________________
WHEREAS, the State of New Jersey has required implementation of Stormwater Management Regulation to insure proper design, construction and maintenance of stormwater facilities; and
WHEREAS, the Township of Upper has adopted a Stormwater Management Plan and Stormwater Control Ordinance, Revised General Ordinance Section 19-7.7, in accordance with N.J.A.C. 7.8; and
WHEREAS, the Revised General Ordinance Section 19-7.7z.2 allows for the collection of an up-front fee from a developer of a residential development or commercial site plan in the amount Township of Upper determines is needed to provide maintenance in perpetuity of all stormwater management measures. This up-front fee shall be expended by Upper Township for the sole purpose of conducting maintenance activities (including repair and renovation, if needed) for all stormwater management measures required under the proposed development.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of Upper, in the County of Cape May and State of New Jersey, as follows:
1. The allegations of the preamble are incorporated herein by this reference.
2. The Township has determined that the cost for the Township to perform maintenance in perpetuity shall be as follows:
Lot Size Amount
< 5 acres $25,200.00 (See Exhibit A)
> 5 acres Developer’s Engineer shall
submit estimate of costs for
review and approval.
Resolution No.202-2007
Offered by: Camp Seconded by:Conrad
Adopted: October 9, 2007
Roll Call Vote:
NAME YES NO ABSTAINED ABSENT
Camp ____x_______ __________ __________ __________
Conrad ____x_______ __________ __________ __________
Corson ____x_______ __________ __________ __________
Newman ____x______ __________ __________ __________
Palombo ____________ __________ __________ ____x_____
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Engineer's Estimate |
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Stormwater Management System |
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for Lot Size less than 5 acres |
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September 7, 2007 |
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Unit |
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Description |
Unit |
Quantity |
Price |
Price |
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Annual Inspection (twice a year) |
LS |
20 |
50.00 |
$1,000.00 |
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Clean-up of Debris (quarterly) |
LS |
40 |
300.00 |
$12,000.00 |
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Aerate bottom of basin (once a year) |
LS |
10 |
300.00 |
$3,000.00 |
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Maintain basin bottom (every 5 years) |
LS |
2 |
2,500.00 |
$5,000.00 |
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Subtotal |
$21,000.00 |
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20% Contingency |
$4,200.00 |
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Total |
$25,200.00 |
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Prepared By: |
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Paul E. Dietrich, Sr. |
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Professional Engineer |
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N.J.P.E. License No. 41738
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7. Public Hearing and Final Adoption of Ordinance No. 009-2007, as amended, Re: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XIX and XX (LAND SUBDIVISION AND SITE PLAN AND ZONING) OF THE CODE OF UPPER TOWNSHIP.
Deputy Mayor Corson asked for comments from the dais prior to opening the floor for public comment. Mr. Young gave a brief summary of the amendments included in the Ordinance. During the public comment portion of the hearing there were no speakers. Motion was made by Jay Newman, second by Barbara Camp to adopt Ordinance No. 009-2007. During roll call vote four Committee members voted in the affirmative.
TOWNSHIP OF UPPER
CAPE MAY COUNTY
O R D I N A N C E
ORDINANCE NO. 009-2007
RE: AN ORDINANCE AMENDING REVISED GENERAL ORDINANCE CHAPTER XIX and XX (LAND SUBDIVISION AND SITE PLAN AND ZONING) OF THE CODE OF UPPER TOWNSHIP
WHEREAS, the Township Planning Board prepared and adopted a Natural Resource Inventory Report, Master Plan Reexamination Report and Land Use Element Plan Amendment on November 16, 2006 in accordance with N.J.A.C. 40:55D-98 as part of the Township’s Plan Endorsement Petition; and
WHEREAS, the Township Committee approved the revised Plan Endorsement Petition on November 20, 2006 and submitted it to the State; and
WHEREAS, the State Planning Commission approved the Township’s Plan Endorsement Petition on February 21, 2007 finding that the Township’s goals and objectives are consistent with the State Development and Redevelopment Plan; and
WHEREAS, the Township Committee referred the zoning ordinance amendment to the Upper Township Planning Board pursuant to N.J.S.A. 40:55D-64 and N.J.S.A. 40:55D-26; and
WHEREAS, the Township Planning Board amended said Master Plan Reexamination Report and Land Use Element Plan Amendment on July 19, 2007; and
WHEREAS, the Township Planning Board prepared land use ordinance recommendations consistent with the Master Plan Reexamination Report and Land Use Element Plan Amendment, as amended, and discussed and approved them at Township Planning Board meetings on May 31, 2007 and July 19, 2007 and issued a report approving this proposed zoning ordinance amendment finding said amendment is consistent with the Upper Township Master Plan Reexamination, as amended; and
WHEREAS, the zoning ordinance revisions and amendment herein are part of those recommended in connection with the periodic general reexamination of the Upper Township Master Plan as evidenced by the Master Plan Reexamination Report and Land Use Plan Amendment of November 16, 2006, as amended; and
WHEREAS, the Township Committee understands that the Township Planning Board is still engaged in the periodic general reexamination of the Master Plan Housing Element and Fair Share Plan and that further zoning ordinance revisions as a result of the Master Plan Reexamination will be required when this reexamination is complete and the Housing Element and Fair Share Plan is adopted in final form; and
WHEREAS, the Township Committee finds that the zoning ordinance revisions herein are substantially consistent with the Land Use Plan Element and Master Plan Reexamination to date;
BE IT ORDAINED by the Township Committee, in the Township of Upper, County of Cape May and State of New Jersey, as follows:
SECTION 1. Chapter 19 of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:
Amend Section 19-7.1 Street and Highways as follows:
t. Street and driveway. In order to maintain adequate level of service along the Township’s roadways all new streets, residential development and non-residential development.
1. Any development that generates a two-way traffic volume of
500 or more vehicle trips per day and a peak-hour volume of 200 or more vehicle trips shall prepare a traffic impact study in accordance with N.J.A.C. 16:47-4.30.
2. Any lot that is nonconforming in accordance with the standards of N.J.A.C. 16:47-3.5 shall have vehicular use limitation in accordance with N.J.A.C. 16:37-3.5(b).
3. Any development proposed to access the state highway (Rt-US 9, Rt-50 and Rt-49) shall submit the appropriate access permit application to the New Jersey Department of Transportation and be designed and located in accordance with State Highway Access Management Code, N.J.A.C. 16:47.
Replace the following Subsections in 19-7.7 Stormwater Control as follows:
n.1 There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area or surface waterbody. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and/or rate of discharge into any surface water body from that which existed prior to development of the site. To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields so as to protect farm crops from damage due to flooding, erosion and long-term saturation of cultivated crops and cropland.
G.q.1 There shall be no direct
discharge of stormwater runoff from any point or nonpoint source to any
wetland, wetland transition area or surface waterbody.
8.s. Threatened and
Endangered Species and Associated Habitat Standards. Stormwater management
measures shall address the impacts of the development on habitat for
threatened and endangered species, in accordance with N.J.A.C. 7:8-5.2(c),
N.J.A.C. 7:50-6.27, and 7:50-6.33 and 34.
v.8 The design engineer shall conduct a groundwater mounding analysis of all stormwater infiltration BMPs. A groundwater mounding analysis shall be provided for each stormwater infiltration BMP. The groundwater mounding analysis shall calculate the maximum height of the groundwater mound based upon the volume of the maximum design storm. The Professional Engineer conducting the analysis shall provide the municipal engineer with the methodology and supporting documentation for the mounding analysis used and shall certify to Upper Township, based upon the analysis, that the groundwater mound will not cause stormwater or groundwater to breakout to the land surface or cause adverse impact to adjacent surface water bodies, wetlands or subsurface structures including but not limited to basements and septic systems. If there is more than one infiltration BMP proposed, the model shall indicate if and how the mounds will interact. The mounding analysis shall be calculated using the most restrictive soil horizon that will remain in place within the explored aquifer thickness unless alternative analyses are authorized by the municipal engineer. The mounding analysis shall be accompanied by a cross section of the infiltration BMP and surrounding topography and the mound analysis shall extend out to the point(s) at which the mound intersects with the preexisting maximum water table elevation. Where the mounding analysis identifies adverse impacts, the stormwater infiltration BMP shall be redesigned or relocated, as appropriate.
z.2 Upper Township may collect an up-front fee from the applicant in the amount Upper Township determines is needed to provide maintenance in perpetuity of all stormwater management measures. This up-front fee shall be expended by Upper Township for the sole purpose of conducting maintenance activities (including repair and renovation, if needed) for all stormwater management measures required under the applicant's major development application approval. The Township Committee shall adopt by resolution a schedule of fees.
Amend Section 19-9.2 Requirements to add the following checklist requirements:
64. Traffic impact study if required by Section 19-7.1. Required for Major
Subdivision – Preliminary and Final; Site Plan – Preliminary.
SECTION 2. Chapter 20 of the Revised General Ordinances of the Township of Upper, also known as the Code of Upper Township, shall be amended and supplemented as hereinafter provided:
Revise Section 20-1.5 Prohibited Uses to the following:
a. no change
b. The following uses are expressly prohibited in all zones and zoning
districts in the Township.
1. no change
2. no change
3. Junk yards and automobile salvage.
c. Home Occupations are expressly prohibited in the “R”, “R2”, “”MH” and “RC” zoning districts in the Township.
d. Private Residential Pools are expressly prohibited in the “RR” and “RC” zoning districts in the Township.
Add or replace the following to Section 20-2.1 Definitions
Adult retirement community shall mean a comprehensively designed residential development containing residential dwellings to be occupied by persons fifty-five (55) years or age or older, as further defined under the U.S. Fair Housing Act, as amended, with passive and active recreation facilities to be provided by the developer for the sole use by the residents and their guests.
Affordable housing unit shall mean a housing unit that provides a sales price or rent within the means of a low or moderate income household as defined in N.J.A.C. 5:94-7. Low income means households with a gross household income equal to 50 percent or less of the median gross household income and moderate income means more than 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the household is located,
Assisted living residence shall mean a facility which is licensed by the Department of Health to provide apartment-style housing and congregate dining and to assure that assisted living services are available when needed by its residents. Apartment units must include, at a minimum, an unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living residence shall also include facilities that provide skilled care and nursing home care.
Assisted living services shall mean a coordinated array of supportive personal care services and health care services available 24 hours per day to residents who have been assessed to need these services, to promote resident self-direction and participation in decisions that emphasize independence, individuality, privacy, dignity and homelike surroundings.
Community residences for the developmentally disabled shall mean a community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et. seq., providing food, shelter and personal guidance, under such supervision as required. to house not more than fifteen (15) developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to group homes, intermediate-care facilities, and supervised apartment living arrangements.
Conservation residential cluster shall mean a development technique based on a gross dwelling unit density for the entire tract in the zoning district in which it is located, and allowing the lot sizes for detached dwellings to be reduced or individual segments to have higher densities so long as the gross density is not exceeded and the remaining lands shall be maintained as open space.
Health care services shall mean any service provided to a resident of an assisted living residence that is ordered by a physician and required to be provided or delegated by a licensed, registered or certified health care professional. Certified health care professional shall not include a certified homemaker/home health aide or certified nurse aide.
Home occupation shall mean an occupation conducted entirely within a detached dwelling unit or an accessory building, but not both, which occupation is clearly incidental and secondary to the use of the lot for residential purposes. Such occupations shall be conducted solely by the residents of the detached dwelling except that no more than one (1) person not a resident of the building may be employed and provided also that no more than four hundred fifty (450) square feet shall be used for such purpose; that the gross floor area for the residence shall remain at least as large as that required in Section 20-4 for a detached dwelling; that no display of products shall be visible from the street; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the home occupation does not reduce the parking or yard requirements of the detached dwelling; that there is no exterior evidence of the home occupation other than one (1) unlighted or interior white lighted name plate sign identifying the home occupation, not exceeding six (6) square feet in area, and either attached or free standing. (If free standing, the sign shall not exceed five (5') feet in height and shall be set back at least ten (10') feet from all street right-of-way and lot lines.) No more than one (1) commercial vehicle and trailer utilized as part of the said home occupation may be parked at the address of said home occupation; further no more than one (1) non-commercial vehicle not registered at the address of the home occupation may be parked at the address of the home occupation; no vehicles utilized as part of the home occupation shall be parked on the public street. Residents of the detached dwelling shall be permitted to work at home when working on such activities that are normally performed at a business location outside of the resident’s detached dwelling as long as such activities comply with the above restrictions.
Group home shall mean living arrangements operated in residences leased or owned by the licensee, which provide the opportunity for individuals with developmental disabilities to live together in a home, sharing in chores and the overall management of the residence. Staff in a group home provide supervision, training, and or assistance in a variety of forms and intensity as required to assist the individuals they move toward independence.
Lot frontage shall mean the horizontal distance between side lot lines, measured along the street line. The minimum lot frontage shall be the same as the lot width except that on curbed alignments with an outside radius of less than five hundred (500’) feet, the minimum distance between the side lots lines measured at the street line shall not be less than seventy-five (75%) percent of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage. Only improved public streets may have their street lot line counted as lot frontage. Any street not providing actual legal access may not be counted as lot frontage, e.g., Garden State Parkway.
Mixed use shall mean a parcel or structure that permits both residential uses and non-residential uses within the same structure.
Multifamily buildings shall mean freestanding buildings containing at least two units and not more than thirty dwelling units, with each sharing with another unit or units one or more vertical or horizontal common walls. If a multifamily structure also meets the definition of a townhouse structure it shall be considered a townhouse structure.
Private Licensed Facilities for the Developmentally Disabled shall mean a residential facilities licensed pursuant to N.J.S.A. 10:47 et. seq. providing food, shelter and personal guidance, under such supervision as required. to house more than fifteen (15) but not more than twenty-four (24) developmentally disabled or mentally ill persons who require assistance temporarily or permanently in order to live in the community, and shall include but not be limited to group homes, intermediate-care facilities, and supervised apartment living arrangements.
Residential agriculture shall mean the growing and harvesting of plant life and the keeping of farm animals for the enjoyment of the residents on the properties and not primarily for commercial purposes. Agricultural commercial structures and uses are permitted under this definition provided such structures and uses meet all applicable accessory building setback (side and rear) and coverage requirements and are set back from the front street line at least twenty (20') feet and be located on a lot with a minimum lot area of two (2) acres or the minimum lot area required for the zone district, whichever is greater. Agricultural commercial structures and uses may not extend ten (10') feet in height. (For permitted signs, see subsection 20-5.10.)
Specimen trees shall mean largest known individual trees of each species in the State of New Jersey. The New Jersey Department of Environmental Protection, Bureau of Forestry, maintains a list of such trees and such trees are listed and pictured in the book entitled "Magnificent Trees of Cape May County' by Lyman A. Hoffman. Any trees which are equal to or larger than said trees shall be considered specimen trees.
Tree Preservation shall mean an area of vegetation that must be maintained with natural vegetation on a parcel of land. Said area shall be restricted from clearing or removal of any vegetation, except dead trees greater than five inches in diameter may be removed to prevent a safety hazard. Vegetation shall mean trees, shrubs and natural un-maintained grass areas.
Townhouses shall mean dwelling units located beside and separated from other such dwelling units by use of common party walls, extending from the foundation to the roof and from the front to the rear exterior walls, with each dwelling unit having livable floor area on, but not limited to, the first floor. Each townhouse dwelling unit shall have direct access to the outdoors.
Replace Section 20-3 ZONING DISTRICTS AND ZONING MAP as follows:
20-3.1 Zoning Districts.
For the purpose of this Chapter the Township is hereby divided into various districts. Within the Pinelands Area, these districts are consistent with the Pinelands Management Areas set forth in N.J.A.C. 7:50, Subchapter 5.
Symbol Zoning District
AR Agriculture and Rural Density Residential
R Center Residential
R2 Moderate Density Residential
RR Resort Residential
RC Resort Commercial
TCC Town Center Core
TC Town Center
CM2 Commercial District
CM4 Rural Density Commercial District
CMP Co