TOWNSHIP OF UPPER Minutes Jul 23, 2007

Also present were Municipal Clerk Wanda Gaglione, Finance Officer Patricia Garbutt, Municipal Attorney Daniel Young and Municipal Engineer Paul Dietrich.

Motion to approve the Minutes by Barbara Camp, second by Curtis Corson. During roll call vote four Committee members voted in the affirmative, Jay Newman abstained.

Frank Conrad, reported that the Greater Tuckahoe Area Merchants Association Canoe Race will be held Sunday August 5, 2007. The canoe race is one of the fundraisers for the GTAMA scholarship program. The Merchants recently awarded $8,000 in Scholarships to 8 recipients in the Tuckahoe area. He also reported that the Tri City Bi-athlon is scheduled to take place on Saturday August 4, 2007.

Barbara Camp, reported the Township road crews continue to collect trash, recycling, and compost 5 days a week. The solid waste reduction rate was 44.2% during this reporting period. Mrs. Camp reported the Sanitation Inspector issued 452 trash recycling and compost collection violations. She also reported 317 miles of Township roads have been swept and cleaned and she complimented the crews on the good condition of the township roads. She also reported the drain cleaning crews have cleaned 144 drains since early spring and 85 tons of brush have been collected.

Curtis Corson, Deputy Mayor, reported on the Municipal Audit. He complimented the Township employees in all the offices on the fact that there were no findings or recommendations for improvement in the report.

Jay Newman, reported on a request received from the Upper Township Board of Education to provide additional help with lawn and ground maintenance at the Middle School. Mr. Newman reviewed what the request would entail and concluded that we regretfully will not be able to honor the request at this time. Due to staffing limitations experienced presently the Recreation Department cannot take on any additional duties and still continue the level of service required to maintain the Township’s many parks, playgrounds, and fields. Mayor Palombo commented that perhaps this could be revisited at a later time as conditions change. He directed the Township Clerk to send a letter notifying the Board of Education.

Mr. Newman reported on the tragic fire that occurred over the weekend at a home on Route 9 in Upper Township, claiming the life of a 16-year-old Upper Township resident. Mr. Newman thanked the Volunteers of the Upper Township Fire and Rescue for the phenomenal job they did. He reported that over 100 Volunteer Fire and Rescue members were on scene on Friday evening and all day Saturday assisting with the investigation of this fire. He reported that the cause of the fire remains under investigation with State Police. In addition, he reported that the State’s Critical Incident Stress Team was on scene to offer assistance, and that seven members of the team are from Upper Township. The Township Construction Office and the Office of Emergency Management assisted in securing the facility. Mayor Palombo expressed his appreciation to the members of the Upper Township Chiefs Association and the volunteer members of the Fire and Rescue for their tireless efforts.

Richard Palombo, Mayor reported on the public safety issue the ongoing closure of the Beesley’s Point Bridge presents and the need to have the bridge opened as soon as possible. He made a motion to draft a resolution in support of the Cape May County Bridge Commission taking over the Beesley’s Point Bridge. Barbara Camp seconded with all five Committee members voting in the affirmative. Mayor Palombo introduced Senator Nicholas Asselta and his colleagues Michael Donohue and Norris Clark, candidates for 1^st District Assembly. Senator Asselta addressed the Committee urging the passage of a resolution opposing the Governor’s plan to sell or lease New Jersey roadways. Michael Donahue discussed the Governor’s plan. Mayor Palombo reported that he supported the Senators resolution opposing the Governors plan to privatize existing state roads, although he would consider the option of a private entity constructing new roads in the future. Senator Asselta commented that he is concerned with the Committee’s support of a plan to have the County Bridge Commission take over the Beesley’s Point Bridge and the burden it may pose to the County taxpayers. Senator Asselta reported he would be more supportive of State funding for the repairs. Curtis Corson commented that it has been three years since the closure of the bridge with no action by the state. Mayor Palombo stated that his first hand view of Hurricane Katrina has made him keenly aware of the importance to this community as well as Cape May County of getting the Beesley’s Point Bridge re-opened. In addition to the resolution in support of the CMC Bridge Commission taking over the Beesley’s Point Bridge, Mayor Palombo also made a motion to draft a resolution to oppose the sale or lease of State roads. Motion was seconded by Frank Conrad. During roll call vote all five Committee members voted in the affirmative.

OTHER REPORTS

Wanda Gaglione, Municipal Clerk, requested the addition of a resolution to the agenda that was omitted, appointing a seasonal part-time employee to the Department of Public Works.

Paul Dietrich, Municipal Engineer, reported on an email he received from a resident on White Oak Drive regarding the relocation of a stop sign. The stop sign was originally installed at an improper location on Black Oak Drive. It has been relocated to the White Oak Drive intersection. In addition, he discussed the installation of speed humps in that area; Mr. Dietrich will prepare a map for the general location of speed humps in that area.

RESOLUTIONS

1. Confirming the appointments of Daniel Opperman, Mark Barham, John Hemby, Matthew Steinthal and Kassey Argenbright as part-time employees of the Upper Township Division Of Emergency Medical Services.

TOWNSHIP OF UPPER

RE: CONFIRMING THE APPOINTMENTS OF DANIEL OPPERMAN, MARK BARHAM, JOHN HEMBY, MATTHEW STEINTHAL AND KASSEY ARGENBRIGHT

WHEREAS, a need exists to appoint qualified personnel as part-time employees to the Upper Township Division of Emergency Medical Services to insure optimal operation; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of July 9, 2007; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken; 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:

2. Daniel Opperman, Mark Barham, John Hemby, Matthew Steinthal and Kassey Argenbright are hereby appointed as members of the Division of Emergency Medical Services in a part-time position effective immediately at a salary of $12.00 per hour.

3. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of July 9, 2007.

2. Authorizing Bill Handley to use an Upper Township vehicle, trailer and lifeboat for participation in the “O Liberty Row” from Strathmere, New Jersey to the Statue of Liberty in the New York Harbor to be held between September 8 and September 23, 2007.

Mayor Palombo stated that the resolution was revised to reflect that Mr. Handley will be using his own vehicle and Wayne MacMurray will be driving that vehicle. Mr. Young stated that the resolution explains Mr. Handley and Mr. MacMurray’s participation in this event will not be as employees or representatives of the Township.

RE: AUTHORIZING BILL HANDLEY, RODNEY TICE AND WAYNE R. MacMURRAY TO USE AN UPPER TOWNSHIP TRAILER AND LIFEBOAT FOR PARTICIPATION IN THE O LIBERTY ROW FROM STRATHMERE, UPPER TOWNSHIP, NEW JERSEY TO THE STATUE OF LIBERTY IN THE NEW YORK HARBOR TO BE HELD BETWEEN

WHEREAS, Bill Handley, Rodney Tice and Wayne R. MacMurray submitted a request to the Upper Township Committee to use an Upper Township trailer and lifeboat for participation in the O Liberty Row from Strathmere, Upper Township, New Jersey to the Statue of Liberty in the New York Harbor to be held between September 8 and 23, 2007, as more particularly specified in his statement, a copy of which is attached hereto as Exhibit A; and

WHEREAS, the mission of the O Liberty Row is to raise awareness and financial assistance for three worthwhile causes: The Ocean Foundation, The Ovarian Cancer Research Fund and organ and tissue donor awareness.

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:

2. The Township Committee does hereby grant approval to Bill Handley, Rodney Tice and Wayne R. MacMurray to use an Upper Township trailer and lifeboat for participation in the O Liberty Row from Strathmere, Upper Township, New Jersey to the Statue of Liberty in the New York Harbor to be held between September 8 and 23, 2007, as specified in this Resolution and in the accompanying Exhibit A subject to and conditioned upon the following:

(A) The event described in this Resolution is carried out by Bill Handley, Rodney Tice and Wayne R. MacMurray, individually and trading as O Liberty Row. These sponsors have no connection, direct or indirect, with the Township of Upper or any of its officials or employees. These sponsors shall not, in any way, directly or indirectly, represent that the event is, in any way, associated with or affiliated with the Township of Upper and shall make clear that the event is carried out with all appropriate governmental and other approvals. Although the Township of Upper has given permission, subject to the terms of this Resolution, to these event sponsors to use Township equipment, it must be made clear that the event is not and shall not be considered a Township of Upper sponsored or sanctioned event.

(B) Bill Handley, Rodney Tice and Wayne R. MacMurray, individually and trading as O Liberty Row, must provide liability insurance, including physical damage to Township property, with a $1 million limit in form and substance satisfactory to the Township of Uppers Risk Management Consultant. A Certificate of Insurance shall be provided to the Township Clerk no later than August 15, 2007, which Certificate of Insurance must be approved by the Risk Management Consultant of the Township of Upper. Said Certificate of Insurance shall name the Township of Upper as an additional insured.

(C) Bill Handley, Rodney Tice and Wayne R. MacMurray individually and trading as O Liberty Row must execute an Indemnification and Hold Harmless Agreement in favor of the Township of Upper, its officials, officers and employees in the form attached hereto as Exhibit B.

(D) The approval granted herein is subject to all conditions and stipulations as may be recommended or imposed by the Townships Risk Management Consultant or insurance representatives. The Township may revoke this approval if the event sponsors fail to comply with any said condition or recommendation or any other condition of this Resolution.

(E) It has been represented to the Township that Wayne R. MacMurray shall utilize an appropriate private vehicle, adequately insured to transport the Township trailer, specifically to drive the equipment to the event destination at New York Harbor, retrieve the lifeboat, and return it to Upper Township.

3. 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.

3. Reimbursement of property taxes to a totally disabled Veteran from the effective date of disability for Lot 337.11, Block 453.10 on the Municipal Tax Map.

R E S O L U T I O N

RE: REIMBURSEMENT OF PROPERTY TAXES TO A TOTALLY DISABLED VETERAN FROM THE EFFECTIVE DATE OF DISABILITY

WHEREAS, Robert McClung is a 100% disabled American veteran residing at 6 Winchester Court, Lot 337.11, Block 453.10, on the municipal tax map of Upper Township, New Jersey; and

WHEREAS, the Department of Veteran Affairs determined that Mr. McClung’s 100% permanent wartime service-connected disability was effective March 4, 1999; and

WHEREAS, Mr. McClung became a New Jersey resident in 2006, and pursuant to N.J.S.A. 54:4-3.30 real estate taxes on Mr. McClung’s Upper Township dwelling were eligible for tax exemption as of the 2007 tax year; and

WHEREAS, the Township Committee of the Township of Upper has determined that it is just and appropriate in this instance to reimburse Robert McClung for real estate taxes from the date of his residency eligibility in Upper Township; 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:

1. The allegations of the preamble are incorporated herein by this reference.

2. The Township of Upper shall hereby cancel the real estate taxes for 2007 in the amount of $4,872.72 on real property known as Lot 337.11, Block 453.10 on the municipal tax map.

3. The Township of Upper shall hereby reimburse Robert McClung for real estate taxes effective from the date of his eligibility, specifically from January 1, 2007 in the amount of $2,336.31.

4. 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.

4. Resolution and Certification with respect to the 2006 Annual Audit and in

Mr. Corson reported that there were no findings for corrections or improvements in the Audit Report. Mayor Palombo congratulated the Township employees on the fine report.

Re: RESOLUTION AND CERTIFICATION WITH RESPECT TO THE 2006 ANNUAL AUDIT AND IN COMPLIANCE WITH THE LOCAL FINANCE BOARD OF THE STATE OF NEW JERSEY

WHEREAS, The Annual Report of Audit for the year 2006 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body, and

WHEREAS, the Local Finance Board of the State of New Jersey is authorized to prescribe reports pertaining to the local fiscal affairs, as per R.S. 52:27BB-34, and

WHEREAS, the Local Finance Board has promulgated a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled:

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled:

WHEREAS, such resolution of certification shall be adopted by the governing body no later than forty-five days after the receipt of the annual audit, as per the regulations of the Local Finance Board, and

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52 - to wit:

R.S.52:27BB-52 -"A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the Director of Local Government Services, under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office."

Township of Upper, hereby states that it has complied with the promulgation of the Local

Finance Board of the State of New Jersey dated July 30, 1968 and does hereby submit a

certified copy of this resolution and the required affidavit to said Board to show evidence

Adopted: July 23, 2007

5. Authorizing the use of Upper Township facilities by the County of Cape May.

Mr. Young, Municipal Attorney explained that the resolution is general authorization and consent of the Township Committee to enter into discussions with the County to allow them to use our facilities in times of public need.

WHEREAS, the County of Cape May has requested authority to utilize Township facilities in times of public need; and

WHEREAS, the Township Committee has reviewed this proposal and has determined that it is in the best interest of the residents of the Township and the residents of Cape May County; 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 of the Township of Upper hereby authorizes the Department Head of each department to implement the appropriate guidelines, subject to the advice and consent of the Township Committee, to enable the County of Cape May to utilize Township facilities for the benefit of the citizens of the Township and the County of Cape May.

TO THE UPPER TOWNSHIP PUBLIC WORKS DEPARTMENT

WHEREAS, a need exists to appoint qualified personnel as seasonal employees to the Upper Township Public Works Department to insure optimal operation; and

WHEREAS, a recommendation has been made to the Township Committee and duly considered at the meeting of July 23, 2007; and

WHEREAS, this Resolution is intended to ratify the action heretofore taken; 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:

2. Matthew Taylor is hereby appointed in a seasonal position effective immediately at a salary of $10.25 per hour in accordance with the Salary Ordinance.

4. This Resolution ratifies, confirms and approves action taken by the Township Committee, by motion, at the meeting of July 16, 2007.

ORDINANCES

6. Introduction and First Reading of 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.

Motion by Curtis Corson, second by Barbara Camp to Introduce Ordinance with public hearing set for August 6, 2007 at 7:30 P.M. During roll call vote all five 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:

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.

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.

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:

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:

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.

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.

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.

(Ord. #7-1976, §301; Ord. #4-1982; Ord. #4-1987, §1; Ord. #14-1989, §1; Ord. #10-1995, §1)

The map prepared by the Township Engineer dated January 12, 2004, revised May 31, 2007 (modified) is hereby adopted as Zoning Map of the Township of Upper. (Ord. #7-1976, §302; Ord. #12-1978, §2; Ord. #4-1981, §3; Ord. #4-1982; Ord. #4-1987, §1; Ord. #8-1988, §§1-3; Ord. #2-1989, §1; Ord. #14-1989, §1; Ord. #17-1990, §1; Ord. #10-1995, §1; Ord. #006-2002, §2; Ord. #001-2004, §3)

a. No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced either wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this Chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this Chapter with respect to the existing building and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located, and so that all lots have frontage on a street.

b. All new construction, building additions, building alterations which expand the footprint of the existing building, garages or barns that have been issued a zoning permit under this Chapter shall have an as-built survey prepared by a licensed surveyor, to determine conformance with this Chapter in regards to yard setback and height. Said as-built surveys shall be performed prior to framing inspection and/or prior to issuance of a Certificate of Occupancy. (Ord. #006-2002, 2)

c. All development within the Township must comply with the regulations included in the following Schedules: Schedule A Residential Districts - Permitted, Conditional and Accessory Uses; Schedule B Commercial and Mixed Use Districts - Permitted Conditional and Accessory Uses; and Schedule C – Area and Yard Requirements for Zone Districts attached to this ordinance and are hereto made part of. If there is a conflict between the terms and conditions of the Zoning Regulations as set forth in Section 20-4 and the schedules than the Zoning Regulations shall supercede the schedules.

a. Purpose. The "AR" district is designed in response to existing agricultural uses and lands, and in recognition of soil suitability for on-site septic disposal systems. Single-family detached dwellings are principal permitted uses in this district, along with farm, public and quasi-public uses. The primary goal of the “AR” district to preserve farmland and open space by permitting and encouraging Conservation Residential Cluster Subdivisions and Density Transfer.

b. Permitted Uses. The permitted uses pertaining to the “AR” Agriculture and Rural Density Residential are provided on Schedule A Residential Districts – Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the “AR” District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.

d. Minimum Gross Floor Area. Single-family detached dwellings -1,000 sq. ft. unless provided as affordable housing units.

a. Purpose. The "R2" district recognizes the existing development patterns within the suburban planning area with on-site sewage disposal systems. Single-family detached dwellings are principal permitted uses in this district, along with farm, public and quasi-public uses.

b. Permitted Uses. The permitted uses pertaining to the “R2” Moderate Density Residential are provided on Schedule A Residential Districts – Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the R2 District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.

d. Minimum Gross Floor Area. Single-family detached dwellings -1,000 sq. ft. unless provided as affordable housing units.

e. Home Occupations Prohibited in the “R2” District. “Home Occupation” as defined in Chapter XX, subsection 20-2.1 of the Revised General Ordinances of the Township of Upper and as defined in Ordinance No. 7-1976, as amended and supplemented, shall henceforth be prohibited within the “R2” District, formally known as the “R” District within the Township of Upper. This prohibition shall extend to both principal permitted uses and accessory uses in said zoning district.

a. Purpose. The "R" district is recognize existing development patterns within the centers where with on-site sewage disposal systems are provided and to accommodate higher density residential uses including age-restricted housing developments where community package treatment plants are provided in accordance with the adopted Wastewater Management Plan. Single-family detached dwellings are principal permitted uses in this district, along with public and quasi-public uses.

b. Permitted Uses. The permitted uses pertaining to the “R” Center Residential District are provided on Schedule A Residential Districts – Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the R District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.

d. Minimum Gross Floor Area. Single-family detached dwellings -1,000 sq. ft. unless provided as affordable housing units.

e. Home Occupations Prohibited in the “R” District. “Home Occupation” as defined in Chapter XX, subsection 20-2.1 of the Revised General Ordinances of the Township of Upper and as defined in Ordinance No. 7-1976, as amended and supplemented, shall henceforth be prohibited within the “R” District within the Township of Upper. This prohibition shall extend to both principal permitted uses and accessory uses in said zoning district.

20-4.5 Resort Districts: "RR" Resort Residential and "RC" Resort Commercial.

a. Purpose. The purpose of the "RR" and "RC" Resort Districts are to provide for development specifically related to the barrier beach community of Strathmere. The purpose of the "RR" District is to provide for the continuance of single-family dwellings on Strathmere. The purpose of the "RC" District is to provide locations on Strathmere where relatively small retail and service establishments may be located. It is intended that any development will take place in accordance with the requirements specified under the FEMA Flood Hazard Regulations in recognition of the precarious environmental situation.

1. Permitted Uses. The permitted uses pertaining to the “RR” Resort Residential District is provided on Schedule A Residential Districts – Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

2. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the “RR” District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section:

1, 1995 which has a depth of 95' and a minimum frontage of 40' shall be deemed to meet the requirements of this section. (All lots located in Strathmere on the west side of Commonwealth Avenue generally have a depth of 95'.)

Commercial District are provided on Schedule B Commercial and Mixed Use Districts Permitted Principal Conditional and Accessory Uses except as modified or supplemented by this section.

2. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the “RC” District are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.

total building coverage of the combined uses does not exceed the maximum building coverage specified for the district and, further, that each use occupies a minimum gross floor area of five hundred (500) square feet.

(b) No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in-order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed thirty (30%) percent of the lot area and shall be located in the rear yard only.

(c) All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

(d) All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

(e) Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide for such an area at the side or rear of the building.

(f) There shall be at least one (1) trash or garbage pick-up location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pick-up location outside the building. The trash and/or garbage shall be stored in a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of three (3). If located within the building, the doorway may serve both the loading and trash/garbage functions. If a container is used for trash/garbage functions and is located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions. (Ord. #006-2002, 2)

20-4.6 "CM2" Commercial, “CM4” Rural Commercial and “CMP” Commercial District Pinelands.

a. Purpose. The intent of the "CM2" Commercial, “CM4” Rural Commercial and CMP Commercial District Pinelands Districts is to promote the development of commercial uses throughout the Township, recognizing the diversity of each commercial area and permitting flexible standards to achieve the optimal development plan to suit the specific commercial location, the environmental constraints and lack of public sewage. There are presently commercial areas in the Township which serve as small neighborhood market areas, commercial areas such as Tuckahoe which act as a village commercial center, as well as commercial areas that serve the region's vehicular traffic along the community's roadways. The area and yard requirements vary among the zones based upon the underlying State Planning Area to provide more open space and less impervious coverage in the “CM4” and “CMP” Districts.

b. Permitted Uses. The permitted uses pertaining to the “CM2”, “CM4” and “CMP” Districts are provided on Schedule B Commercial and Mixed Use Districts – Permitted Principal, Conditional and Accessory Uses except as modified or supplemented by this section.

c. Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses in the “CM2”, “CM4” and “CMP” Districts are provided on Schedule C Area and Yard Requirements for Zone Districts except as modified or supplemented by this section.

1. One (1) building may contain more than one (1) use provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for the district and, further, that each use occupies a minimum gross floor area of five hundred (500) square feet.

2. A shopping center may contain more than one (1) principal building provided that the total building coverage specified for the district is not exceeded and the following building separation requirements are met:

(a) All principal buildings shall be separated by a minimum of twenty-five (25') feet provided such separation is to be used solely for pedestrian circulation.

(b) All principal buildings shall be separated' by a minimum of fifty (50') feet when such separation is to be used for parking or vehicular circulation.

3. Off-street parking areas within a shopping center may reduce the stall size from 10’ x 20’ to 9’ x 18’ for fifty (50%) percent of the total spaces over one hundred (100) spaces.

4. No merchandise, products or similar material or objects shall be displayed or stored outside unless appropriately screened and maintained. Any use resulting in the storage of vehicles outside shall have such area entirely enclosed by a fence, wall, plant material or combination thereof in order to provide a visual barrier between the storage areas and any street, residential zoning district or existing residential use. Such outside storage area shall not exceed thirty (30%) percent of the lot area and shall be located in the rear yard only.

(1) time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

MINUTES FOR JULY 23, 2007

SUNSHINE ANNOUNCEMENT

SALUTE TO THE FLAG

OTHER REPORTS

RESOLUTIONS

TOWNSHIP OF UPPER

R E S O L U T I O N

Adopted: July 23, 2007

ORDINANCES