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Land Use Ordinance - June 2008 - City of Vineland

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TABLE OF CONTENTS<br />

A. ZONING<br />

B. ZONING SCHEDULES<br />

C. ZONING MAP<br />

D. DESIGN STANDARDS<br />

E. SUBDIVISION AND<br />

SITE PLAN DETAILS


A. ZONING


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

ZONING REGULATIONS<br />

New text is underlined. Text to be deleted is struck through.<br />

ARTICLE XVI, Zoning, is hereby amended and supplemented in accordance with the changes set<br />

forth below.<br />

SECTION ONE<br />

ARTICLE XVI, Zoning, Section 300-297, Word usage; definitions, Subsection B., is amended to<br />

include the following definitions.<br />

Affordable Housing - Housing with a sales price or rent within the means <strong>of</strong> a low and moderate<br />

income household as defined in N.J.A.C. 5:94-7.<br />

Age Restricted Housing - Housing designed to meet the needs <strong>of</strong>, and exclusively for, the<br />

residents <strong>of</strong> an age-restricted segment <strong>of</strong> the population where the head <strong>of</strong> the household is a<br />

minimum age <strong>of</strong> either sixty-two (62) years or fifty-five (55) years and meets the provisions <strong>of</strong> 42<br />

USC §§ 3601 et seq.<br />

Assisted Living or Assisted Living Facility - Residences for the frail elderly that provide rooms,<br />

meals, personal care, and supervision <strong>of</strong> self-administered medication. They may provide other<br />

services such as recreational activities, financial services and transportation.<br />

Convalescent Center - A facility that provides short-term, primarily in-patient care, treatment,<br />

and/or rehabilitation services for persons recovering from illness or injury who do not require<br />

continued hospitalization.<br />

Developable <strong>Land</strong> or Developable <strong>Land</strong> Area - <strong>Land</strong> that is free <strong>of</strong> constraints to development<br />

and that has access to an improved roadway. Constraints to development include, but are not<br />

necessarily limited to, the following: wetlands and wetland transition areas; stream corridors;<br />

flood hazard areas; steep slopes <strong>of</strong> 15% or greater; easements; and legal impediments.<br />

A-1


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

Major appliance store – Any establishment engaged primarily in selling large scale goods or<br />

merchandise to the general public for personal or household consumption and rendering services<br />

incidental to the sale <strong>of</strong> such goods. For purposes <strong>of</strong> this chapter, large scale goods shall include,<br />

but not be limited to, washers, dryers, stoves, refrigerators and air conditioners.<br />

Medical <strong>of</strong>fice – Any <strong>of</strong>fice <strong>of</strong> a recognized medical pr<strong>of</strong>ession maintained for the conduct <strong>of</strong> that<br />

pr<strong>of</strong>ession. For purposes <strong>of</strong> this chapter, a dentist’s or chiropractor’s <strong>of</strong>fice shall be considered a<br />

medical <strong>of</strong>fice, while a veterinarian’s <strong>of</strong>fice shall not be considered a medical <strong>of</strong>fice.<br />

Medical Research or Medical Research Facility - A facility for investigation into the medical or<br />

health sciences.<br />

Senior Day Care - A facility which provides social and recreational activities, meals, and<br />

entertainment for the elderly or other persons in need <strong>of</strong> similar services on a daily basis without<br />

overnight accommodations. No medical services, other than the supervision <strong>of</strong> self administered<br />

medication, are provided.<br />

SECTION TWO<br />

ARTICLE XVI, Zoning, Section 300-298, Zoning Map, Subsection A. and Subsection B., are<br />

amended to list the following additional zone districts and to be renumbered as follows:<br />

A. The following zones are established in the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>:<br />

(1) R-1 Residential<br />

(2) R-B-1 Residential-Business<br />

(3) R-B-2 Residential-Business<br />

(3 4) R-2 Residential<br />

(4 5) R-P Residential Pr<strong>of</strong>essional<br />

(5 6) R-3 Residential<br />

(6 7) R-4 Residential<br />

(7 8) R-5 Residential<br />

(9) R-6 Residential<br />

A-2


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(7 10) A-5 Agricultural<br />

(8 11) A-6 Agricultural<br />

(9 12) W-5 Woodlands<br />

(10 13) W-6 Woodlands<br />

(11 14) P-A Pinelands Agricultural Production<br />

(12 15) P-F Pinelands Forest<br />

(13 16) P-R Pinelands Rural Development<br />

(14 17) I-1 Industrial Park<br />

(15 18) I-B Industrial Business<br />

(16 19) I-2 Industrial<br />

(17 20) I-3 Industrial<br />

(18 21) I-4 Industrial<br />

(19 22) B-1 Business<br />

(20 23) B-2 Business<br />

(21 24) B-3 Business<br />

(22 25) B-4 Business<br />

(23 26) MHP Mobile Home Park Zone<br />

(24 27) IN-1 Institutional<br />

(28) IN-2 Institutional Campus<br />

(29) MF Multi Family<br />

(30) P Public<br />

(31) CO Conservation<br />

B. The following overlay areas are established in the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>:<br />

(1) Airport Hazard Area<br />

(2) Downtown Improvement District Area<br />

(3) River Conservation Area<br />

(4) Flood Hazard Area<br />

(5) Regional Mall<br />

A-3


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

SECTION THREE<br />

ARTICLE XVI, Zoning, Section 300-299, R-1 Residential Zone Standards, Subsection B,<br />

Permitted <strong>Use</strong>s, is hereby amended as follows to eliminate garden apartment buildings and midrise<br />

apartment buildings as principal permitted uses <strong>of</strong> the zone:<br />

(4) Garden apartment building Reserved<br />

(6) Mid-rise apartment building Reserved<br />

SECTION FOUR<br />

ARTICLE XVI, Zoning, Section 300-301, R-2 Residential Zone Standards, Subsection B,<br />

Permitted <strong>Use</strong>s, is hereby amended to preserve the zone character <strong>of</strong> the area as a district <strong>of</strong> single<br />

family dwellings and two family dwellings by eliminating triplexes and quadruplexes as principal<br />

permitted uses.<br />

(3) Triplex Reserved<br />

(4) Quadruplex Reserved<br />

SECTION FIVE<br />

ARTICLE XVI, Zoning, Section 300-313, I-B Industrial Business Zone standards, Subsection B,<br />

permitted uses, is hereby amended as follows to eliminate single family dwellings as a permitted<br />

use <strong>of</strong> the zone:<br />

(1) Single family dwelling Reserved<br />

SECTION SIX<br />

ARTICLE XVI, Zoning, Section 300-302, R-P Residential-Pr<strong>of</strong>essional standards, is hereby<br />

amended as follows to include Subsection F with the following special requirements for<br />

development in the zone:<br />

F. Special Zone Requirements. The following requirements apply to development in the R-P<br />

zone:<br />

A-4


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(1) No parking (except for parking in a driveway to a single-family dwelling, or a two-family<br />

dwelling) shall be located in the front yard.<br />

(2) No outdoor storage, or solid waste or recycling areas shall be located in the required front<br />

yard nor between any part <strong>of</strong> the front building façade and the street right-<strong>of</strong>-way line.<br />

(3) No fire escapes shall be located on the front façade <strong>of</strong> any building facing the street right<strong>of</strong>-way<br />

line.<br />

(4) Front porches facing the street right-<strong>of</strong>-way line shall be maintained as open porches.<br />

(5) For any development application for subdivision, or variance, or conditional use, or site<br />

plan approval, the building and site shall be designed to be suitable to the architectural<br />

character <strong>of</strong> a residential neighborhood. Buildings shall provide a front entrance facing<br />

the street right <strong>of</strong> way line. Parking lots shall be screened from public view. <strong>Land</strong>scaping<br />

shall be provided as required by the design standards set forth in Article VII <strong>of</strong> the <strong>City</strong><br />

<strong>of</strong> <strong>Vineland</strong> <strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong>.<br />

SECTION SEVEN<br />

ARTICLE XVI, Zoning, Section 300-300, R-B Residential Business Zone, is hereby amended as<br />

follows to rename the R-B Residential Business Zone as the R-B-1 Residential Business Zone to<br />

eliminate mid-rise apartments as a permitted use <strong>of</strong> the zone, and to revise Section 300-300 to<br />

read as follows:<br />

300-300. R-B-1 Residential Business Zone standards.<br />

A. No change.<br />

B. Permitted uses. Permitted uses in the R-B-1 Residential Business Zone shall be as follows:<br />

(1) All uses permitted in the R-1 zone, except that mid-rise apartment buildings shall not be<br />

permitted.<br />

(2) through (9) No change<br />

C. Accessory uses. Accessory uses in the R-B-1 Residential Business shall be as follows:<br />

(1) and (2) No change<br />

D. Conditional uses. Conditional uses in the R-B-1 Residential Business Zone shall be as<br />

follows:<br />

(1) through (3) No change<br />

A-5


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

D. Prohibited uses. Prohibited uses in the R-B-1 Residential Business Zone shall be as follows:<br />

(1) through (5) No change<br />

F. (Reserved)<br />

G. Special Zone Requirements<br />

The following requirements apply to development in the R-B-1 zone:<br />

(1) No parking (except for parking in an approved driveway to a single-family dwelling, or a<br />

two-family dwelling, or a townhouse) shall be located in the front yard.<br />

(2) No outdoor storage, or solid waste or recycling areas shall be located in the required front<br />

yard nor between any part <strong>of</strong> the front building façade and the street right-<strong>of</strong>-way line.<br />

(3) No fire escapes shall be located on the front façade <strong>of</strong> any building facing the street right<strong>of</strong>-way<br />

line.<br />

(4) Front porches facing the street right-<strong>of</strong>-way line shall be maintained as open porches.<br />

(5) For any development application for subdivision, or variance, or conditional use, or site<br />

plan approval, the building design shall be suitable to the architectural character <strong>of</strong> a<br />

residential neighborhood. Buildings shall provide a front entrance facing the street right<br />

<strong>of</strong> way line. Parking lots shall be screened from public view. <strong>Land</strong>scaping shall be<br />

provided as required by the <strong>City</strong> design standards set forth in Article VII <strong>of</strong> the <strong>City</strong> <strong>of</strong><br />

<strong>Vineland</strong> <strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong>.<br />

SECTION EIGHT<br />

ARTICLE XVI, Zoning, is hereby amended as follows to include the following new section 300-<br />

300.1 for the R-B-2 zone:<br />

A. Purpose. The R-B-2 zone on Chestnut Avenue provides for the adaptive reuse <strong>of</strong> lands and<br />

buildings formerly occupied and used as the Newcomb Hospital.<br />

B. Permitted uses. Permitted uses in the R-B-2 Residential Business Zone shall be as follows:<br />

(1) Senior day care.<br />

(2) Assisted living.<br />

(3) Convalescent home.<br />

(4) Corporate <strong>of</strong>fices.<br />

(5) Medical research facility.<br />

(6) Pr<strong>of</strong>essional <strong>of</strong>fices.<br />

A-6


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(7) Public purpose uses.<br />

(a) School.<br />

(b) Child-care center.<br />

(c) Governmental or public utility facility.<br />

(d) Governmental or public utility <strong>of</strong>fice.<br />

(e) Affordable age-restricted housing (Maximum <strong>of</strong> eighty (80) dwelling units).<br />

(f) Public parks and playgrounds.<br />

(8) Community residence, community shelter.<br />

C. Accessory uses. Accessory uses in the R-B-2 Residential Business Zone shall be as follows:<br />

(1) Parking.<br />

(2) Public bus shelter.<br />

(3) Trash enclosure.<br />

(4) Fencing.<br />

(5) Signage.<br />

D. Conditional uses. Conditional uses in the R-B-2 Residential Business Zone shall be as<br />

follows:<br />

(1) Church, congregation.<br />

(2) Funeral home.<br />

(3) Recreational facility.<br />

E. Prohibited uses. Prohibited uses in the R-B-2 Residential Business Zone shall be as follows:<br />

(1) Adult book store.<br />

(2) Establishment which does tattooing, massage, body piercing.<br />

(3) Steam bath.<br />

(4) Astrologers, cardreaders, psychics.<br />

(5) Substance abuse counseling or treatment center.<br />

A-7


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

F. Reserved.<br />

SECTION NINE<br />

ARTICLE XVI, Zoning, Section 300-303, R-3 Residential Zone Standards, Subsection B,<br />

Permitted <strong>Use</strong>s, is hereby amended to maintain the character <strong>of</strong> the zone as a single-family<br />

district by eliminating two-family dwellings as a principal permitted use and to recognize the<br />

public uses within the district by including governmental or public utility yards as a permitted use<br />

<strong>of</strong> the district .<br />

C. Permitted uses. Permitted uses within the R-3 Residential Zone shall be as follows;<br />

(1) No change<br />

(2) Two-family dwelling Reserved.<br />

(3) No change<br />

(4) No change<br />

(5) Public purpose uses:<br />

(a) No change<br />

(b) No change<br />

(c) No change<br />

(d) Governmental or public utility yard.<br />

SECTION TEN<br />

ARTICLE XVI, Zoning, is hereby amended as follows to include a new section which shall set<br />

forth standards for the R-5 Residential Zone and which shall read as follows:<br />

300-304.1 R-5 Residential Zone standards.<br />

A. Purpose. The purpose <strong>of</strong> the R-5 zone is to implement the Master Plan recommendation for<br />

a low-density suburban/rural transition area from the <strong>City</strong> center suburbs to the <strong>City</strong><br />

greenbelt. The R-5 zone provides an area for development <strong>of</strong> low-density single-family<br />

detached housing. Farms will continue to be permitted and farmland preservation as part <strong>of</strong><br />

the low-density residential area is encouraged and supported by the <strong>City</strong>. Residential cluster<br />

A-8


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

development and lot size averaging will be permitted at the <strong>City</strong>'s option provided that the<br />

total number <strong>of</strong> dwellings is equivalent to the number <strong>of</strong> dwellings allowed by a<br />

conventional layout. Cluster development and lot size averaging will only be allowed where<br />

the lots are served by sewer and public water and the reduction in lot size is <strong>of</strong>fset by open<br />

space preservation and protection <strong>of</strong> the environment.<br />

B. Permitted uses.<br />

(1) Single-family dwelling.<br />

(2) Residential cluster.<br />

(3) Farm, except for those enumerated as prohibited uses.<br />

(4) Home occupation.<br />

(5) Public purpose uses:<br />

(a) School.<br />

(b) Child-care center.<br />

(c) Governmental or public utility facility.<br />

(6) Community residence, community shelter.<br />

C. Accessory uses. Accessory uses within the R-5 Residential Zone shall be as follows:<br />

(1) All accessory uses permitted in the R-1 Zone.<br />

(2) Farm building for livestock, equipment, storage <strong>of</strong> supplies or harvested crops, or for<br />

preparation <strong>of</strong> crops for market for a farm.<br />

(3) Commercial production greenhouse for a farm.<br />

(4) Roadside stand, 300 square feet maximum, for a single family dwelling or a farm.<br />

D. Conditional uses in the R-5 Residential Zone shall be as follows:<br />

(1) Church, congregation.<br />

(2) Recreational facility.<br />

E. Prohibited uses. Prohibited uses in the R-5 Residential Zone shall be as follows:<br />

A-9


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(1) Piggery.<br />

(2) Animal or poultry processing (slaughtering).<br />

F. Residential Cluster in the R-5 Zone.<br />

Residential cluster design within the R-5 zone may better advance the intent and purpose <strong>of</strong> the<br />

<strong>City</strong> Master Plan for the protection <strong>of</strong> the environment and the conservation <strong>of</strong> open space.<br />

provided that the overall intensity <strong>of</strong> the cluster does not exceed the intensity <strong>of</strong> a permitted<br />

conventional development. Accordingly, a residential cluster <strong>of</strong> single family dwellings may be<br />

permitted as an alternative form <strong>of</strong> development in the R-5 zone on a contiguous land area that is<br />

to be developed as a single entity according to a plan that preserves a significant area <strong>of</strong> open<br />

space. The Planning Board may approve a residential cluster where it determines that the intent<br />

and purpose <strong>of</strong> the <strong>City</strong> Master Plan is better served by the cluster design and that the<br />

development meets the requisite standards and criteria for the residential cluster option.<br />

(1) Cluster Option. Cluster development may be permitted at the option <strong>of</strong> the <strong>City</strong> Planning<br />

Board as an alternative to conventional development. The Planning Board may permit the<br />

cluster option where the applicant demonstrates that, compared to a conventional layout,<br />

the cluster design will benefit the community in the following ways: by conserving natural<br />

resources; by preserving open spaces; by better protecting areas that are particularly<br />

susceptible to erosion and sediment loss; by reducing impervious surfaces; by better<br />

protecting natural drainage features and vegetation; by minimizing land disturbance from<br />

clearing and grading; by minimizing soil compaction; by reducing the use <strong>of</strong> stormwater<br />

management basins; by promoting the use <strong>of</strong> vegetated open-channel drainage systems that<br />

discharge into and through stable vegetated areas; and by reducing the need for additional<br />

infrastructure. For purposes <strong>of</strong> evaluating the cluster option, the applicant shall submit a lot<br />

yield map <strong>of</strong> a conforming conventional subdivision layout. The Planning Board shall<br />

compare the benefit <strong>of</strong> the cluster subdivision plan to the conventional subdivision plan by<br />

considering the following factors: reduction in the total area <strong>of</strong> land disturbance; reduction<br />

in the total area <strong>of</strong> impervious coverage; reduction in the total length <strong>of</strong> new streets;<br />

reduction in the construction <strong>of</strong> new structural drainage facilities; and the preservation <strong>of</strong><br />

trees and woodland.<br />

A-10


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(a) Required Location. A residential cluster <strong>of</strong> single family dwellings shall be located<br />

on contiguous land in the R-5 zone, with the single family dwellings located to enable the<br />

preservation <strong>of</strong> common or public open space.<br />

(b) Minimum Total <strong>Land</strong> Area Required. The minimum total land area required for<br />

development as a residential cluster is fifty (50) acres. At least sixty-five percent (65%) <strong>of</strong><br />

the total minimum land area requirement for a residential cluster shall be unencumbered by<br />

any <strong>of</strong> the following: wetlands or wetlands transition areas; areas <strong>of</strong> special flood hazard;<br />

existing easements for utilities or drainage; rights-<strong>of</strong>-way; surface waters. <strong>Land</strong> that is<br />

already permanently protected from development as open space or as farmland through a<br />

conservation easement or other means cannot be used to satisfy the minimum area<br />

requirement.<br />

(c) Maximum Permitted Number <strong>of</strong> Dwelling Units. The residential cluster shall not<br />

yield a greater number <strong>of</strong> dwelling units than would result from the development <strong>of</strong> the<br />

land as a fully conforming conventional subdivision <strong>of</strong> single family lots. For purposes <strong>of</strong><br />

determining the maximum number <strong>of</strong> dwellings permitted under the residential cluster<br />

alternative, the applicant shall submit a lot yield map <strong>of</strong> a conforming conventional<br />

subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the<br />

Planning Board to make an informed decision that the subdivision satisfies all ordinance<br />

requirements in every respect and would be approvable as a conventional subdivision<br />

without the need for any variances, waivers, or exceptions from the <strong>City</strong> development<br />

regulations. The number <strong>of</strong> dwellings shown on an accepted lot yield map <strong>of</strong> a conforming<br />

subdivision shall be the maximum number <strong>of</strong> lots permitted in the residential cluster.<br />

(d)<br />

Public Sewer and Public Water Required. The dwelling units <strong>of</strong> a residential cluster<br />

must be served by public sewer and public water.<br />

(e) Minimum Area and Bulk Standards for Residential Lots. The number <strong>of</strong> dwellings<br />

shown on the accepted lot yield map <strong>of</strong> a conforming subdivision shall be the maximum<br />

number <strong>of</strong> residential lots permitted in the residential cluster. The residential cluster lots<br />

shall otherwise conform to the area, yard, and bulk standards as set forth in the Zoning<br />

A-11


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

Schedule, Sheet 1 (Part 1) for conventional 1-family development in the R-4 Residential<br />

zone.<br />

(f) Open Space Design Requirements. The cluster design for open space shall be<br />

arranged to preserve land as public or common open space in accordance with the<br />

following criteria.<br />

[1] A minimum <strong>of</strong> fifty percent (50%) <strong>of</strong> the gross land area <strong>of</strong> the cluster<br />

shall be preserved as common or public open space. If the residential cluster<br />

includes an existing farm, the continued use <strong>of</strong> preserved open space as a farm<br />

may be permitted, subject to Planning Board acceptance <strong>of</strong> a continued farm<br />

operation as part <strong>of</strong> the overall cluster design.<br />

[2] All areas to be preserved as public or as common open space shall be<br />

clearly identified and reserved on the plans submitted for approval. The existing<br />

and planned use <strong>of</strong> the open space shall be indicated on the plans.<br />

[3] The minimum land area required to be preserved as common or public<br />

open space shall be land that is not already preserved as open space or preserved<br />

as farmland.<br />

[4] The area proposed as common or public open space shall be suitable for<br />

enjoyment and use as open space. The Planning Board may require that the<br />

applicant submit a Phase I and, if deemed necessary, a Phase II environmental<br />

report. The Planning Board may withhold approval <strong>of</strong> any area that it deems<br />

unsuitable as open space.<br />

[5] At least sixty five percent (65%) <strong>of</strong> the minimum land area required to be<br />

preserved as common or public open space shall be land unencumbered by any <strong>of</strong><br />

the following: wetlands or wetlands transition areas; areas <strong>of</strong> special flood<br />

hazard; existing easement areas for utilities or drainage; rights <strong>of</strong> way; surface<br />

waters.<br />

A-12


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

[6] Stormwater management basins are structures and do not qualify as open<br />

space for the purpose <strong>of</strong> meeting the open space requirements. In its sole<br />

discretion, the Planning Board may permit retention basins for the permanent<br />

storage <strong>of</strong> water run<strong>of</strong>f within the open space areas, provided such basins are<br />

integrated into the site as an aesthetic feature <strong>of</strong> the open space landscape to<br />

enhance the visual enviroment. In its sole discretion, the Planning Board may<br />

also permit the integration <strong>of</strong> nonstructural stormwater management strategies,<br />

such as vegetated open-channel drainage systems, into the open space landscape<br />

design. Not more than ten percent (10%) <strong>of</strong> the minimum required open space<br />

area may be features such as wet ponds, retention basins, and vegetated open<br />

channel drainage systems.<br />

[7] Any common or public open space area shall be at least ten (10) acres in<br />

area and have a minimum width <strong>of</strong> two hundred feet (200') and a minimum depth<br />

<strong>of</strong> two hundred feet (200'), unless the Planning Board determines that the<br />

proposed open space area is contiguous with and/or expands or extends an<br />

existing common open space or a public open space; or that the proposed open<br />

space is contiguous with a land area in other ownership that has been<br />

permanently preserved as open space or as farmland pursuant to a Federal, State,<br />

County, or <strong>City</strong> open space acquisition or farmland preservation program. In<br />

such cases, or for other reasons that would advance the public interest, the<br />

Planning Board may approve a smaller area where it determines that such action<br />

would be beneficial to the open space design <strong>of</strong> the cluster.<br />

[8] An open space lot shall have a minimum road frontage <strong>of</strong> at least 200'.<br />

(g) Common Open Space Ownership. The developer shall provide a plan for the use,<br />

ownership, and maintenance <strong>of</strong> any common open space in a residential cluster. The plan is<br />

subject to Planning Board review and approval. The ownership plan shall be submitted<br />

with the preliminary application for development and shall identify the existing and<br />

proposed ownership <strong>of</strong> all proposed open space areas. The <strong>City</strong>, at its option and in its sole<br />

discretion, or other governmental agency approved by the <strong>City</strong>, at any time and from time<br />

A-13


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

to time, may accept the dedication <strong>of</strong> land or any interest therein for public use and<br />

maintenance, but the <strong>City</strong> shall not require, as a condition <strong>of</strong> the approval <strong>of</strong> a residential<br />

cluster, that land proposed to be set aside for common open space be dedicated or made<br />

available to public use. The developer shall provide for an organization for the ownership<br />

and maintenance <strong>of</strong> any open space for the benefit <strong>of</strong> owners or residents <strong>of</strong> a residential<br />

cluster, if the open space is not dedicated to the municipality or other governmental agency.<br />

The type <strong>of</strong> ownership <strong>of</strong> land dedicated for common open space purposes shall be selected<br />

by the applicant subject to the approval <strong>of</strong> the Planning Board. Type <strong>of</strong> ownership may<br />

include, but is not necessarily limited to, the following:<br />

(h)<br />

[1] The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>, subject to acceptance by the <strong>City</strong> Council.<br />

[2] Homeowner, condominium, or cooperative associations or organizations.<br />

[3] Shared, undivided interest by all property owners in the subdivision.<br />

[4] Any organization provided for by the developer to own or maintain open space<br />

shall not be dissolved and shall not dispose <strong>of</strong> any <strong>of</strong> its open space without first <strong>of</strong>fering to<br />

dedicate such property, without cost, to the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>.<br />

Homeowners’ association. If the common open space is owned and maintained by a<br />

homeowner or condominium association, the developer shall file a declaration <strong>of</strong> covenants and<br />

restrictions that will govern the association, to be submitted with the application for the<br />

preliminary approval. The provisions shall include, but are not necessarily limited to, the<br />

following:<br />

[1] The homeowners’ association must be established before the sale <strong>of</strong> any<br />

residential unit.<br />

[2] Membership shall be mandatory for each buyer and any successive buyer.<br />

[3] The open space restrictions shall be permanent.<br />

[4] The association shall be responsible for liability insurance, local taxes, and the<br />

maintenance and replacement <strong>of</strong> recreational and other facilities.<br />

[5] Homeowners shall pay their pro rata share <strong>of</strong> the cost; the assessment levied by<br />

the association can become a lien on the property if allowed in the master deed establishing<br />

the homeowners’ association.<br />

[6] The association must be able to adjust the assessment to meet changed needs.<br />

A-14


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(i) Maintenance <strong>of</strong> open space areas. In the event that a nonmunicipal organization with the<br />

responsibility for the common open space fails to maintain it in reasonable order and condition,<br />

then the <strong>City</strong> Council, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and<br />

assess the cost <strong>of</strong> maintenance against the properties within the development.<br />

(j) <strong>Use</strong> and improvement <strong>of</strong> common open space for active recreation. The Planning Board<br />

may approve the installation <strong>of</strong> recreational facilities suitable to the development, such as<br />

playgrounds, playfields, parks or similar outdoor recreation facilities, on the common open<br />

space,. Such facilities shall be conveniently located and accessible to all dwelling units and<br />

should follow the following guidelines:<br />

(k)<br />

[1] One active recreation area should be provided for each 300 persons or 75<br />

children <strong>of</strong> projected population. Such areas should not be less than four acres.<br />

[2] For developments <strong>of</strong> more than 300 persons, active recreation or park space<br />

should be provided at the rate <strong>of</strong> 10.25 acres per 1,000 population.<br />

Undeveloped common open space. Undeveloped common open space should be left in its<br />

natural state. A developer may, however, make limited improvements for the installation <strong>of</strong><br />

utilities, necessary grading, and the provision <strong>of</strong> paths and trails. In addition, the Planning Board<br />

may require a developer to make other improvements, such as removal <strong>of</strong> dead or diseased trees;<br />

thinning <strong>of</strong> trees or other vegetation to encourage more desirable growth; reforestation <strong>of</strong><br />

disturbed areas; and grading and seeding, subject to approval by all regulatory agencies.<br />

[1] Deed restrictions. Any lands dedicated for common open space purposes shall<br />

contain covenants and deed restrictions approved by the <strong>City</strong> attorney that ensure that:<br />

[2] The open space area will not be further subdivided in the future.<br />

[3] The use <strong>of</strong> the open space will continue in perpetuity for the purpose specified.<br />

[4] Appropriate provisions are made for the maintenance <strong>of</strong> the open space.<br />

[5] The open space shall not be utilized for any commercial purpose. The Planning<br />

Board may, however, approve the use <strong>of</strong> open space as farmland or pastureland as part <strong>of</strong><br />

the residential cluster design.<br />

A-15


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(l)<br />

Prior to the approval <strong>of</strong> the residential cluster, the Planning Board shall make a finding <strong>of</strong><br />

facts and conclusions as required by N.J.S.A. 40:55D-45.<br />

(2) The residential cluster in the R-5 zone may be developed as age restricted housing at the<br />

<strong>City</strong>’s option. An age restricted residential cluster shall meet the requirements for a residential<br />

cluster in the R-5 zone subject to the following requirements and modifications.<br />

(a) The frontage for the age restricted residential cluster and the access to the development shall<br />

be provided from a road classified as an arterial road by the <strong>City</strong> Master Plan.<br />

(b) The maximum permitted number <strong>of</strong> dwelling units in the age restricted residential cluster<br />

shall not exceed the number <strong>of</strong> dwelling units permitted for a residential cluster, unless the agerestricted<br />

residential cluster provides for the on-site construction <strong>of</strong> affordable housing.<br />

(c) If the age-restricted development provides affordable housing, then one additional market rate<br />

age restricted unit will be permitted for every affordable unit provided. At the <strong>City</strong>’s option, the<br />

<strong>City</strong> may accept a payment in lieu <strong>of</strong> construction <strong>of</strong> the affordable housing on-site. The payment<br />

in lieu shall be in an amount as provided by the <strong>City</strong>’s affordable housing regulations.<br />

(d) The density <strong>of</strong> the development, including the additional units permitted to provide the<br />

affordable housing, shall not exceed a maximum <strong>of</strong> three dwelling units per acre.<br />

(e) The age restricted residential cluster may be constructed as single family dwelling units or as<br />

townhouse units, or as a combination <strong>of</strong> such unit types, in accordance with the standards <strong>of</strong> the<br />

R-1 zone district.<br />

(f) The Planning Board may reduce the minimum common or public open space requirement <strong>of</strong><br />

the cluster to twenty-five per cent (25%) <strong>of</strong> the gross land area <strong>of</strong> the cluster in order to<br />

accommodate the increased number <strong>of</strong> dwelling units permitted to be developed on-site.<br />

A-16


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(g) If the zoning on a site has changed subsequent to December 17, 2007, the number <strong>of</strong> units<br />

permitted for the purpose <strong>of</strong> calculating the additional number <strong>of</strong> units shall be the higher <strong>of</strong> the<br />

current number <strong>of</strong> units permitted or the number <strong>of</strong> units permitted on December 17, 2007.<br />

G. Lot Size Averaging in the R-5 Zone. In its sole discretion and at its option, the Planning<br />

Board may permit lot size averaging in the R-5 Zone. The purpose <strong>of</strong> this subsection is to<br />

provide an alternative design technique for conventional development to promote the goals <strong>of</strong><br />

the Master Plan. The overall planning for a tract may better advance the intent and purpose <strong>of</strong><br />

the Master Plan to protect the environment and conserve open space if flexibility in the<br />

design <strong>of</strong> a major subdivision is permitted. The goals and objectives included in the Master<br />

Plan for maintaining large, contiguous open areas, may be better addressed if some<br />

modification <strong>of</strong> the minimum lot size requirement in conventional development is allowed,<br />

provided the maximum number <strong>of</strong> lots that would result from a conforming conventional<br />

development is not exceeded.<br />

(1) Lot size averaging is permitted in the R-5 zone district in a major subdivision <strong>of</strong> a<br />

contiguous tract <strong>of</strong> land that is fifteen (15) acres or greater in area.<br />

(2) Any development proposed for lot size averaging shall be served by public sewer and<br />

public water.<br />

(3) Building Area Requirements.<br />

(a)<br />

Lots shall conform to the requirements <strong>of</strong> the R-5 zone as established in the area,<br />

yard, and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for the<br />

R-5 Residential zone, except that the minimum lot area required may be reduced as<br />

indicated below.<br />

R-5 Zone District Requirements for Lot Size Averaging<br />

Minimum Permissible Lot Size (square feet)<br />

Inside<br />

Corner<br />

Average Lot Size (square feet)<br />

16,500 18,000 40,000<br />

A-17


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(b) Within the R-5 zone, the Planning Board may approve the varying <strong>of</strong> lot areas and<br />

dimensions, and yards and setbacks otherwise required by the development regulations <strong>of</strong><br />

the zone district in such a way that the average lot areas and dimensions, yards and setbacks<br />

within the subdivision conform to the conventional norms <strong>of</strong> the R-5 zone district as<br />

established in the Schedule <strong>of</strong> Area, Yard and Building Requirements, except that the<br />

minimum lot area required shall be in accordance with the minimum permissible lot size<br />

for lot size averaging and further provided that no dimension, yard, setback, or other<br />

dimensional requirement shall be less than the minimum requirements <strong>of</strong> the R-4 zone.<br />

(4) Maximum Permitted Number <strong>of</strong> Lots. The use <strong>of</strong> lot size averaging in a subdivision plan<br />

shall not result in a greater number <strong>of</strong> lots than would result if a parcel were developed as a fully<br />

conforming conventional subdivision <strong>of</strong> lots. For purposes <strong>of</strong> determining the maximum number<br />

<strong>of</strong> lots permitted under lot size averaging, the applicant shall submit a lot yield map <strong>of</strong> a<br />

conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient<br />

detail to permit the Planning Board to make an informed decision that the subdivision satisfies all<br />

ordinance requirements and would be approvable by the Planning Board as a conventional<br />

subdivision without the need for any lot area or lot dimension variances or exceptions to<br />

subdivision design standards. The number <strong>of</strong> lots shown on an accepted lot yield map shall be the<br />

maximum number <strong>of</strong> lots permitted for subdivision under lot size averaging.<br />

(5) Design Criteria. Lot size averaging may be permitted where the Planning Board<br />

determines that the resource conservation and/or farmland preservation goals and objectives <strong>of</strong><br />

the Master Plan are better served by the lot size averaging plan than by the conventional plan for<br />

development. The applicant shall demonstrate to the Planning Board that the lot size averaging<br />

plan is clearly preferable to the conventional plan with respect to one or more <strong>of</strong> the following<br />

factors: stream corridor protection, agricultural retention, preservation <strong>of</strong> forests and woodlands,<br />

preservation <strong>of</strong> habitat for native flora and fauna, protection <strong>of</strong> scenic views, protection <strong>of</strong><br />

landmarks, reduction in site disturbance from clearing and grading, reduction in impervious<br />

surface, conservation <strong>of</strong> the site's natural features and topography, and relationship to open spaces<br />

on neighboring parcels.<br />

A-18


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(6) Minimum Lot Area. The minimum lot area may be reduced to the minimum permissible<br />

lot size for lot size averaging, provided that the average lot area in the development shall be at<br />

least the conventional lot size required for the R-5 zone, and, further provided, that the total<br />

number <strong>of</strong> lots than shall be no greater than the maximum permitted number <strong>of</strong> lots established in<br />

accordance with the approved lot yield map.<br />

(7) Deed Restrictions. Each lot that is part <strong>of</strong> a lot averaging plan shall be permanently deed<br />

restricted from any future subdivision <strong>of</strong> that lot. When only a portion <strong>of</strong> a tract is to be<br />

developed in a lot averaging plan, deed restrictions against further subdivision shall be required<br />

for the portion <strong>of</strong> the tract devoted to the lot averaging plan.<br />

SECTION ELEVEN<br />

ARTICLE XVI, Zoning, is hereby amended as follows to include a new section which shall set<br />

forth standards for the R-6 Residential Zone and which shall read as follows:<br />

300-304.2 R-6 Residential Zone standards.<br />

A. Purpose. The purpose <strong>of</strong> the R-6 zones is to implement the Master Plan recommendation<br />

for a low-density suburban/rural transition area from the center suburbs to the beginning <strong>of</strong> the<br />

<strong>City</strong>'s greenbelt. The zones provide an area for development <strong>of</strong> low-density single-family<br />

detached housing. Farms would continue to be permitted and farmland preservation within the<br />

zone is encouraged and supported by the <strong>City</strong>.<br />

Residential cluster development and lot size averaging will be permitted at the <strong>City</strong>'s option<br />

provided that the total number <strong>of</strong> dwellings is the equivalent to the number <strong>of</strong> dwellings allowed<br />

by a conventional layout. Cluster development and lot size averaging would only be allowed<br />

where the lots are served by sewer and public water and the reduction in lot size is <strong>of</strong>fset by open<br />

space preservation and protection <strong>of</strong> the environment.<br />

B. Permitted uses.<br />

(1) Single-family dwelling.<br />

(2) Residential cluster.<br />

A-19


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(3) Farm, except for those enumerated as prohibited uses.<br />

(4) Home occupation.<br />

(5) Public purpose uses:<br />

(d) School.<br />

(e) Child-care center.<br />

(f) Governmental or public utility facility.<br />

(6) Community residence, community shelter.<br />

C. Accessory uses. Accessory uses within the R-6 Residential Zone shall be as follows:<br />

(1) All accessory uses permitted in the R-1 Zone.<br />

(2) Farm building for livestock, equipment, storage <strong>of</strong> supplies or harvested crops, or for<br />

preparation <strong>of</strong> crops for market for a farm.<br />

(3) Commercial production greenhouse for a farm.<br />

(4) Roadside stand, 300 square feet maximum, for a single family dwelling or a farm.<br />

D. Conditional uses in the R-6 Residential Zone shall be as follows:<br />

(1) Church, congregation.<br />

(2) Recreational facility.<br />

E. Prohibited uses. Prohibited uses in the R-6 Residential Zone shall be as follows:<br />

(1) Piggery.<br />

(2) Animal or poultry processing (slaughtering).<br />

F. Residential Cluster in the R-6 Zone.<br />

Residential cluster design within the R-6 zone may better advance the intent and purpose <strong>of</strong> the<br />

<strong>City</strong> Master Plan for the protection <strong>of</strong> the environment and the conservation <strong>of</strong> open space,<br />

provided that the overall intensity <strong>of</strong> the cluster does not exceed the intensity <strong>of</strong> a permitted<br />

conventional development. Accordingly, a residential cluster <strong>of</strong> single family dwellings may be<br />

permitted as an alternative form <strong>of</strong> development in the R-6 zone on a contiguous land area that is<br />

A-20


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

to be developed as a single entity according to a plan that preserves a significant area <strong>of</strong> open<br />

space. The Planning Board may approve a residential cluster where it determines that the intent<br />

and purpose <strong>of</strong> the <strong>City</strong> Master Plan is better served by the cluster design and that the<br />

development meets the requisite standards and criteria for the residential cluster option.<br />

(1) Cluster Option. Cluster development may be permitted at the option <strong>of</strong> the <strong>City</strong> Planning<br />

Board as an alternative to conventional development. The Planning Board may permit the cluster<br />

option where the applicant demonstrates that, compared to a conventional layout, the cluster<br />

design will benefit the community in the following ways: by conserving natural resources; by<br />

preserving open spaces; by better protecting areas that are particularly susceptible to erosion and<br />

sediment loss; by reducing impervious surfaces; by better protecting natural drainage features and<br />

vegetation; by minimizing land disturbance from clearing and grading; by minimizing soil<br />

compaction; by reducing the use <strong>of</strong> stormwater management basins; by promoting the use <strong>of</strong><br />

vegetated open-channel drainage systems that discharge into and through stable vegetated areas;<br />

and by reducing the need for additional infrastructure. For purposes <strong>of</strong> evaluating the cluster<br />

option, the applicant shall submit a lot yield map <strong>of</strong> a conforming conventional subdivision layout<br />

for single family dwelling. The Planning Board shall compare the benefit <strong>of</strong> the cluster<br />

subdivision plan to the conventional subdivision plan by considering the following factors:<br />

reduction in the total area <strong>of</strong> land disturbance; reduction in the total area <strong>of</strong> impervious coverage;<br />

reduction in the total length <strong>of</strong> new streets; reduction in the construction <strong>of</strong> new structural<br />

drainage facilities; and the preservation <strong>of</strong> trees and woodland.<br />

(a) Required Location. A residential cluster <strong>of</strong> single family dwellings shall be located<br />

on contiguous land in the R-6 zone, with the single family dwellings located to enable the<br />

preservation <strong>of</strong> common or public open space.<br />

(b) Minimum Total <strong>Land</strong> Area Required. The minimum total land area required for<br />

development as a residential cluster is fifty (50) acres. At least sixty-five percent (65%) <strong>of</strong><br />

the total minimum land area requirement for a residential cluster shall be unencumbered by<br />

any <strong>of</strong> the following: wetlands or wetlands transition areas; areas <strong>of</strong> special flood hazard;<br />

existing easements for utilities, or drainage; rights-<strong>of</strong>-way; surface waters. <strong>Land</strong> that is<br />

already permanently protected from development as open space or as farmland through a<br />

A-21


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

conservation easement or other means cannot be used to satisfy the minimum area<br />

requirement.<br />

(c) Maximum Permitted Number <strong>of</strong> Dwelling Units. The residential cluster shall not<br />

yield a greater number <strong>of</strong> dwelling units than would result from the development <strong>of</strong> the<br />

land as a fully conforming conventional subdivision <strong>of</strong> single family lots. For purposes <strong>of</strong><br />

determining the maximum number <strong>of</strong> dwellings permitted under the residential cluster<br />

alternative, the applicant shall submit a lot yield map <strong>of</strong> a conforming conventional<br />

subdivision layout. The conforming lot yield map shall be in a sufficient detail to permit the<br />

Planning Board to make an informed decision that the subdivision satisfies all ordinance<br />

requirements in every respect and would be approvable as a conventional subdivision<br />

without the need for any variances, waivers, or exceptions from the <strong>City</strong> development<br />

regulations. The number <strong>of</strong> dwellings shown on an accepted lot yield map <strong>of</strong> a conforming<br />

subdivision shall be the maximum number <strong>of</strong> lots permitted in the residential cluster.<br />

(d)<br />

Public Sewer and Public Water. The dwelling units <strong>of</strong> a residential cluster must be<br />

served by public sewer and water.<br />

(e) Minimum Area and Bulk Standards for Residential Lots. The number <strong>of</strong> dwellings<br />

shown on the accepted lot yield map <strong>of</strong> a conforming subdivision shall be the maximum<br />

number <strong>of</strong> residential lots permitted in the residential cluster. The residential cluster lots<br />

shall otherwise conform to the area, yard, and bulk standards as set forth in the Zoning<br />

Schedule, Sheet 1 (Part 1) 1-family for the R-5 Residential zone.<br />

(f) Open Space Design Requirements. The cluster design for open space shall be<br />

arranged to preserve land as public or common open space in accordance with the<br />

following criteria.<br />

[1] A minimum <strong>of</strong> fifty percent (50%) <strong>of</strong> the gross land area <strong>of</strong> the cluster<br />

shall be preserved as common or public open space. If the residential cluster<br />

includes an existing farm, the continued use <strong>of</strong> preserved open space as a farm<br />

A-22


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

may be permitted, subject to Planning Board acceptance <strong>of</strong> a continued farm<br />

operation as part <strong>of</strong> the overall cluster design.<br />

[2] All areas to be preserved as public or as common open space shall be<br />

clearly identified and reserved on the plans submitted for approval. The existing<br />

and planned use <strong>of</strong> the open space shall be indicated on the plans.<br />

[3] The minimum land area required to be preserved as common or public<br />

open space shall be land that is not already preserved as open space or preserved<br />

as farmland.<br />

[4] The area proposed as common or public open space shall be suitable for<br />

enjoyment and use as open space. The Planning Board may require that the<br />

applicant submit a Phase I and, if deemed necessary, a Phase II environmental<br />

report. The Planning Board may withhold approval <strong>of</strong> any area that it deems<br />

unsuitable as open space.<br />

[5] At least sixty five percent (65%) <strong>of</strong> the minimum land area required to be<br />

preserved as common or public open space shall be land unencumbered by any <strong>of</strong><br />

the following: wetlands or wetlands transition areas; areas <strong>of</strong> special flood<br />

hazard; existing easement areas for utilities or drainage; rights <strong>of</strong> way; surface<br />

waters.<br />

[6] Stormwater management basins are structures and do not qualify as open<br />

space for the purpose <strong>of</strong> meeting the open space requirements. In its sole<br />

discretion, the Planning Board may permit wet ponds and retention basins for the<br />

permanent storage <strong>of</strong> water run<strong>of</strong>f within the open space areas, provided such<br />

basins are integrated into site as an aesthetic feature <strong>of</strong> the open space landscape<br />

design to enhance the visual environment. In its sole discretion, the Planning<br />

Board may also permit the integration <strong>of</strong> nonstructural stormwater management<br />

strategies, such as vegetated open-channel drainage systems, into the open space<br />

landscape design. Not more than ten percent (10%) <strong>of</strong> the minimum required<br />

A-23


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

open space area may be features such as wet ponds, retention basins, and<br />

vegetated open channel drainage systems.<br />

[7] Any common or public open space area shall be at least ten (10) acres in<br />

area and have a minimum width <strong>of</strong> two hundred feet (200') and a minimum depth<br />

<strong>of</strong> two hundred feet (200'), unless the Planning Board determines that the<br />

proposed open space area is contiguous with and/or expands or extends an<br />

existing common open space or a public open space; or that the proposed open<br />

space is contiguous with a land area in other ownership that has been<br />

permanently preserved as open space or as farmland pursuant to a Federal, State,<br />

County, or <strong>City</strong> open space acquisition or farmland preservation program. In<br />

such cases, or for other reasons that would advance the public interest, the<br />

Planning Board may approve a smaller area where it determines that such action<br />

would be beneficial to the open space design <strong>of</strong> the cluster.<br />

[8] An open space lot shall have a minimum road frontage <strong>of</strong> at least 200'.<br />

(g) Common Open Space Ownership. The developer shall provide a plan for the use,<br />

ownership, and maintenance <strong>of</strong> any common open space in a residential cluster. The plan is<br />

subject to Planning Board review and approval. The ownership plan shall be submitted<br />

with the preliminary application for development and shall identify the existing and<br />

proposed ownership <strong>of</strong> all proposed open space areas. The <strong>City</strong>, at its option and in its sole<br />

discretion, or other governmental agency approved by the <strong>City</strong>, at any time and from time<br />

to time, may accept the dedication <strong>of</strong> land or any interest therein for public use and<br />

maintenance, but the <strong>City</strong> shall not require, as a condition <strong>of</strong> the approval <strong>of</strong> a residential<br />

cluster, that land proposed to be set aside for common open space be dedicated or made<br />

available to public use. The developer shall provide for an organization for the ownership<br />

and maintenance <strong>of</strong> any open space for the benefit <strong>of</strong> owners or residents <strong>of</strong> a residential<br />

cluster, if the open space is not dedicated to the municipality or other governmental agency.<br />

The type <strong>of</strong> ownership <strong>of</strong> land dedicated for common open space purposes shall be selected<br />

by the applicant subject to the approval <strong>of</strong> the Planning Board. Type <strong>of</strong> ownership may<br />

include, but is not necessarily limited to, the following:<br />

A-24


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

[1] The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>, subject to acceptance by the <strong>City</strong> Council.<br />

[2] Homeowner, condominium, or cooperative associations or organizations.<br />

[3] Shared, undivided interest by all property owners in the subdivision.<br />

[4] Any organization provided for by the developer to own or maintain open space<br />

shall not be dissolved and shall not dispose <strong>of</strong> any <strong>of</strong> its open space without first <strong>of</strong>fering to<br />

dedicate such property, without cost, to the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>.<br />

(h) Homeowners’ association. If the common open space is owned and maintained by a<br />

homeowner or condominium association, the developer shall file a declaration <strong>of</strong> covenants and<br />

restrictions that will govern the association, to be submitted with the application for the<br />

preliminary approval. The provisions shall include, but are not necessarily limited to, the<br />

following:<br />

[1] The homeowners’ association must be established before the sale <strong>of</strong> any<br />

residential unit.<br />

[2] Membership shall be mandatory for each buyer and any successive buyer.<br />

[3] The open space restrictions shall be permanent.<br />

[4] The association shall be responsible for liability insurance, local taxes, and the<br />

maintenance and replacement <strong>of</strong> recreational and other facilities.<br />

[5] Homeowners shall pay their pro rata share <strong>of</strong> the cost; the assessment levied by<br />

the association can become a lien on the property if allowed in the master deed<br />

establishing the homeowners’ association.<br />

[6] The association must be able to adjust the assessment to meet changed needs.<br />

(i) Maintenance <strong>of</strong> open space areas. In the event that a nonmunicipal organization with the<br />

responsibility for the common open space fails to maintain it in reasonable order and condition,<br />

then the <strong>City</strong> Council, in accordance with N.J.S.A. 40:55D-43, may correct such deficiencies and<br />

assess the cost <strong>of</strong> maintenance against the properties within the development.<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(j) <strong>Use</strong> and improvement <strong>of</strong> common open space for active recreation. The Planning Board<br />

may approve the installation <strong>of</strong> recreational facilities suitable to the development, such as<br />

playgrounds, playfields, parks or similar outdoor recreation facilities, on the common open space.<br />

Such facilities shall be conveniently located and accessible to all dwelling units and should follow<br />

the following guidelines:<br />

[1] One active recreation area should be provided for each 300 persons or 75<br />

children <strong>of</strong> projected population. Such areas should not be less than four acres.<br />

[2] For developments <strong>of</strong> more than 300 persons, active recreation or park space<br />

should be provided at the rate <strong>of</strong> 10.25 acres per 1,000 population.<br />

(k) Undeveloped common open space. Undeveloped common open space should be left in its<br />

natural state. A developer may, however, make limited improvements for the installation <strong>of</strong><br />

utilities, necessary grading, and the provision <strong>of</strong> paths and trails. In addition, the Planning Board<br />

may require a developer to make other improvements, such as removal <strong>of</strong> dead or diseased trees;<br />

thinning <strong>of</strong> trees or other vegetation to encourage more desirable growth; reforestation <strong>of</strong><br />

disturbed areas; and grading and seeding, subject to approval by all regulatory agencies.<br />

(l) Deed restrictions. Any lands dedicated for common open space purposes shall contain<br />

covenants and deed restrictions approved by the <strong>City</strong> attorney that ensure that:<br />

[1] The open space area will not be further subdivided in the future.<br />

[2] The use <strong>of</strong> the open space will continue in perpetuity for the purpose specified.<br />

[3] Appropriate provisions are made for the maintenance <strong>of</strong> the open space.<br />

[4] The open space shall not be utilized for any commercial purpose. The Planning<br />

Board, may however, approve the use <strong>of</strong> open space as farmland or pastureland as part <strong>of</strong><br />

the residential cluster design.<br />

(m) The residential cluster in the R-6 zone may be developed as age restricted housing at the<br />

<strong>City</strong>’s option. An age restricted residential cluster shall meet the requirements for a residential<br />

cluster in the R-6 zone, subject to the following requirements and modifications.<br />

A-26


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(1) The frontage for the age restricted residential cluster and the access to the development shall<br />

be provided from a road classified as an arterial road by the <strong>City</strong> Master Plan.<br />

(2) The maximum permitted number <strong>of</strong> dwelling units in the age restricted residential cluster<br />

shall not exceed the number <strong>of</strong> dwelling units permitted for a residential cluster, unless the agerestricted<br />

residential cluster provides for the on-site construction <strong>of</strong> affordable housing.<br />

(3) If the age-restricted development provides affordable housing, then one additional market rate<br />

age restricted unit will be permitted for every affordable unit provided. At the <strong>City</strong>’s option, the<br />

<strong>City</strong> may accept a payment in lieu <strong>of</strong> construction <strong>of</strong> the affordable housing on-site. The payment<br />

in lieu shall be in an amount as provided by the <strong>City</strong>’s affordable housing regulations.<br />

(4) The density <strong>of</strong> the development, including the additional units permitted to provide the<br />

affordable housing, shall not exceed a maximum <strong>of</strong> three dwelling units per acre.<br />

(5) The age restricted residential cluster may be constructed as single family dwelling units or as<br />

townhouse units, or as a combination <strong>of</strong> such unit types, in accordance with the standards <strong>of</strong> the<br />

R-1 zone district.<br />

(6) The Planning Board may reduce the minimum common or public open space requirement <strong>of</strong><br />

the cluster to twenty-five per cent (25%) <strong>of</strong> the gross land area <strong>of</strong> the cluster in order to<br />

accommodate the increased number <strong>of</strong> dwelling units permitted to be developed on-site.<br />

(7) If the zoning on a site has changed subsequent to December 17, 2007, the number <strong>of</strong> units<br />

permitted for the purpose <strong>of</strong> calculating the additional number <strong>of</strong> units shall be the higher <strong>of</strong> the<br />

current number <strong>of</strong> units permitted or the number <strong>of</strong> units permitted on December 17, 2007.<br />

(n)<br />

Prior to the approval <strong>of</strong> the residential cluster, the Planning Board shall make a finding <strong>of</strong><br />

facts and conclusions as required by N.J.S.A. 40:55D-45.<br />

G. Lot Size Averaging in the R-6 Zone. In its sole discretion and at its option, the Planning<br />

Board may permit lot size averaging in the R-6 Zone. The purpose <strong>of</strong> this subsection is to provide<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

an alternative design technique for conventional development to promote the goals <strong>of</strong> the Master<br />

Plan. The overall planning for a tract may better respond to the intent and purpose <strong>of</strong> the Master<br />

Plan to protect the environment and conserve open space if flexibility in the design <strong>of</strong> a major<br />

subdivision is permitted. The goals and objectives included in the Master Plan for maintaining<br />

large, contiguous open areas, may be better addressed if some modification <strong>of</strong> the minimum lot<br />

size requirement in conventional development is allowed, provided the maximum number <strong>of</strong> lots<br />

that would result from a conforming conventional development is not exceeded.<br />

(1) Lot size averaging is permitted in the R-6 zone district in a major subdivision <strong>of</strong> a<br />

contiguous tract <strong>of</strong> land that is fifteen (15) acres or greater in area.<br />

(2) Any development proposed for lot size averaging shall be served by public sewer and<br />

public water.<br />

(3) Building Area Requirements.<br />

(a) Lots shall conform to the requirements <strong>of</strong> the R-6 zone as established in the area,<br />

yard, and bulk standards as set forth in the Zoning Schedule, Sheet 1 (Part 1) for the R-6<br />

Residential zone, except that the minimum lot area required may be reduced as indicated<br />

below.<br />

R-6 Zone District Requirements for Lot Size Averaging<br />

Minimum Permissible Lot Size (square feet)<br />

Inside<br />

Corner<br />

Average Lot Size (square feet)<br />

30,000 30,000 80,000<br />

(b) Within the R-6 zone, the Planning Board may approve the varying <strong>of</strong> lot areas and<br />

dimensions, and yards and setbacks otherwise required by the development regulations <strong>of</strong><br />

the zone district in such a way that the average lot areas and dimensions, yards and setbacks<br />

within the subdivision conform to the conventional norms <strong>of</strong> the R-6 zone as established in<br />

the Schedule <strong>of</strong> Area, Yard and Building Requirements, except that the minimum lot area<br />

required shall be in accordance with the minimum permissible lot size for lot size averaging<br />

and further provided that no dimension, yard, setback, or other dimensional requirement<br />

shall be less than the minimum requirements <strong>of</strong> the R-5 zone.<br />

A-28


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(4) Maximum Permitted Number <strong>of</strong> Lots. The use <strong>of</strong> lot size averaging in a subdivision plan<br />

shall not result in a greater number <strong>of</strong> lots than would result if a parcel were developed as a fully<br />

conforming conventional subdivision <strong>of</strong> lots. For purposes <strong>of</strong> determining the maximum number<br />

<strong>of</strong> lots permitted under lot size averaging, the applicant shall submit a lot yield map <strong>of</strong> a<br />

conforming conventional subdivision layout. The conforming lot yield map shall be in a sufficient<br />

detail to permit the Planning Board to make an informed decision that the subdivision satisfies all<br />

ordinance requirements and would be approvable by the Planning Board as a conventional<br />

subdivision without the need for any lot area or lot dimension variances or exceptions to<br />

subdivision design standards. The number <strong>of</strong> lots shown on an accepted lot yield map shall be the<br />

maximum number <strong>of</strong> lots permitted for subdivision under lot size averaging.<br />

(5) Design Criteria. Lot size averaging may be permitted where the Planning Board<br />

determines that the resource conservation and/or farmland preservation goals and objectives <strong>of</strong><br />

the Master Plan are better served by the lot size averaging plan than by the conventional plan for<br />

development. The applicant shall demonstrate to the Planning Board that the lot size averaging<br />

plan is clearly preferable to the conventional plan with respect to one or more <strong>of</strong> the following<br />

factors: stream corridor protection, agricultural retention, preservation <strong>of</strong> forests and woodlands,<br />

preservation <strong>of</strong> habitat for native flora and fauna, protection <strong>of</strong> scenic views, protection <strong>of</strong><br />

landmarks, reduction in site disturbance from clearing and grading, reduction in impervious<br />

surface, conservation <strong>of</strong> the site's natural features and topography, and relationship to open spaces<br />

on neighboring parcels.<br />

(6) Minimum Lot Area. The minimum lot area may be reduced to the minimum permissible<br />

lot size for lot size averaging, provided that the average lot area in the development shall be at<br />

least the conventional lot size required for the R-6 zone, and, further provided, that the total<br />

number <strong>of</strong> lots than shall be no greater than the maximum permitted number <strong>of</strong> lots established in<br />

accordance with the approved lot yield map.<br />

(7) Deed Restrictions. Each lot that is part <strong>of</strong> a lot averaging plan shall be permanently deed<br />

restricted from any future subdivision <strong>of</strong> that lot. When only a portion <strong>of</strong> a tract is to be<br />

developed in a lot averaging plan, deed restrictions against further subdivision shall be required<br />

for the portion <strong>of</strong> the tract devoted to the lot averaging plan.<br />

A-29


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

SECTION TWELVE<br />

This section is intentionally blank.<br />

SECTION THIRTEEN<br />

ARTICLE XVI, Zoning, is hereby amended as follows to include the following new section for<br />

the CO Conservation zone.<br />

A. Purpose. The purpose <strong>of</strong> the CO Conservation zone is to provide for the conservation<br />

and use <strong>of</strong> the dedicated open spaces within the <strong>City</strong> that are owned and managed by the <strong>City</strong>, the<br />

County, the State, or the Federal government or that are privately owned and dedicated to open<br />

space and conservation uses.<br />

B. Permitted <strong>Use</strong>s in the CO Conservation zone shall be as follows:<br />

(1) Public parks or public outdoor recreation area.<br />

(2) Public or private open space.<br />

(3) Public or private conservation areas.<br />

(4) Water, forest, and wildlife conservation or management areas and related uses.<br />

(5) Public agricultural or environmental research centers.<br />

(6) Existing public utility installations.<br />

C. Accessory uses in the CO Conservation zone shall be as follows:<br />

(1) Parking.<br />

(2) Public bus shelter.<br />

(3) Trash enclosure.<br />

(4) Fencing.<br />

(5) Signage.<br />

SECTION FOURTEEN<br />

ARTICLE XVI, Zoning, is hereby amended as follows to include new section for the P Public<br />

zone.<br />

A-30


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

A. Purpose. The purpose <strong>of</strong> the P Public zone is to provide for the public use and<br />

development <strong>of</strong> areas owned by the <strong>City</strong>, the County, the State, the Federal government, or<br />

agencies there<strong>of</strong>, on a permanent basis, for public purposes.<br />

B. Permitted uses. The permitted uses in the P Public zone shall be public uses as located<br />

and approved by the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> including, but not necessarily limited to, the following:<br />

(1) Public <strong>of</strong>fice or administration buildings, maintenance yards, garages, and similar<br />

structures.<br />

(2) Public education and cultural institutions.<br />

(3) Public parks, playgrounds, playfields, and open space.<br />

(4) Public library.<br />

(5) Public recreation facilities.<br />

(6) Public water storage and treatment facilities.<br />

(7) Public wastewater treatment facilities.<br />

(8) Utility installations.<br />

(9) Communications installations.<br />

C. Accessory uses. Accessory uses in the P-Public zone shall be as follows:<br />

(1) Parking.<br />

(2) Public bus shelter.<br />

(3) Trash enclosure.<br />

(4) Fencing.<br />

(5) Signage.<br />

SECTION FIFTEEN<br />

The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> <strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong>, is hereby amended as follows to establish ARTICLE<br />

XVIC for the Flood Hazard Overlay.<br />

300-337.8 Purpose. The flood hazard areas <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> are subject to periodic<br />

inundation which threatens life and property, disrupts commerce, and requires expenditures for<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

flood protection and relief. The purpose <strong>of</strong> the Flood Hazard Overlay is to control the use <strong>of</strong> land<br />

to discourage construction and fill or regrading in flood hazard areas, to prevent encroachments<br />

which would obstruct or constrict the movement <strong>of</strong> flood waters, to prevent damage to property<br />

and loss <strong>of</strong> life, to prevent the endangerment <strong>of</strong> areas otherwise protected from flood damage, to<br />

prevent pollution <strong>of</strong> watercourses by preventing the placing or storing <strong>of</strong> unsanitary or dangerous<br />

substances in the flood hazard areas, and to support the conservation, protection, and maintenance<br />

<strong>of</strong> the stream corridors within the <strong>City</strong>.<br />

300-337.9 Delineation <strong>of</strong> Flood Hazard Overlay Area. Any and all lands within the <strong>City</strong> <strong>of</strong><br />

<strong>Vineland</strong> which are classified as a floodway, flood fringe, or one-hundred-year floodplain by the<br />

New Jersey Department <strong>of</strong> Environmental Protection, and/or by the Federal Emergency<br />

Management Administration, or as an area <strong>of</strong> special flood hazard or floodway pursuant to 300-<br />

71 Flood damage prevention, <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> <strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong>, is hereby designated<br />

as the Flood Hazard Overlay zone. The Flood Hazard Overlay zone shall operate in conjunction<br />

with the underlying zone such that the overlay provisions, where more restrictive or imposing a<br />

higher standard, shall govern.<br />

300-337.10 Permitted land use. <strong>Land</strong> use with the Flood Hazard Overlay zone shall be<br />

limited to the following:<br />

(1) Open space.<br />

(2) Wildlife sanctuaries, woodland preserves, and arboretums, but excluding enclosed<br />

structures.<br />

(3) Game farms, fish hatcheries, and fishing reserves, operated for the protection and<br />

propagation <strong>of</strong> wildlife, but excluding enclosed structures.<br />

(4) Hiking, bicycle, and bridle trails, including bridges or other structures appurtenant thereto<br />

constructed.<br />

(5) Trails or pathways, including bridges or other structures appurtenant thereto constructed<br />

and/or maintained by or under the authority <strong>of</strong> the <strong>City</strong> for the purpose <strong>of</strong> providing access to<br />

public recreation areas.<br />

(6) Fishing areas.<br />

A-32


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(7) Cultivation <strong>of</strong> the soil for agricultural or horticultural production, pasture, and similar<br />

agricultural uses undertaken in accordance with agricultural best management practices to reduce<br />

or prevent nonpoint source pollution.<br />

(8) Forestry where a plan approved by the New Jersey Bureau <strong>of</strong> Forestry is on file with the<br />

<strong>City</strong> Engineer.<br />

(9) A use, structure, or activity that has been allowed as part <strong>of</strong> a development approved<br />

pursuant to the Stream Corridor design regulations, and the determination that there is no other<br />

reasonable or prudent alternative to placement <strong>of</strong> the use, structure, or activity in the Flood<br />

Hazard Overlay.<br />

300-337.11 Flood damage prevention. Any development within the Flood Hazard Overlay<br />

zone shall comply with 300-71, Flood damage prevention design standards.<br />

SECTION SIXTEEN<br />

ARTICLE XVI, Zoning, is hereby amended to include the following new Section for the MF<br />

Multi Family zone.<br />

MF Multi Family Zone standards.<br />

A. Purpose. The purpose <strong>of</strong> the MF Multifamily zone is to permit residential development<br />

that includes the multi-family development <strong>of</strong> townhouses as a residential cluster. The<br />

townhouse cluster is an alternative to single family development in the zone. The<br />

increased density for the townhouse development must be <strong>of</strong>f-set by open space<br />

preservation as part <strong>of</strong> the cluster.<br />

B. Permitted uses in the MF Multi Family Residential Zone shall be as follows.<br />

(1) Single-family dwelling.<br />

(2) Multi family residential cluster <strong>of</strong> townhouses.<br />

(3) Public purpose uses:<br />

(a) School<br />

(b) Child-care center<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(c) Governmental or public utility facility<br />

(4) Community residence, community shelter<br />

C. Accessory uses. Accessory uses within the MF Multi Family Residential Zone shall be as<br />

follows:<br />

(1) All accessory uses permitted in the R-1 Zone.<br />

(2) Farm building for livestock, equipment, storage <strong>of</strong> supplies or harvested crops, or for<br />

preparation <strong>of</strong> crops for market for a farm.<br />

(3) Commercial production greenhouse for a farm.<br />

(4) Roadside stand, 300 square feet maximum, for a single family dwelling or a farm.<br />

D. Conditional uses in the MF Multi Family Residential Zone shall be as follows:<br />

(1) Church, congregation.<br />

(2) Recreational facility.<br />

E. Prohibited uses. Prohibited uses in the MF Multi Family Residential Zone shall be as<br />

follows:<br />

(1) Piggery.<br />

(2) Animal or poultry processing (slaughtering).<br />

F. Multi Family Residential Cluster in the MF Zone. A residential cluster <strong>of</strong> town houses may<br />

be permitted in the MF zone on a contiguous area that is to be developed as a single entity<br />

according to a plan in accordance with the requirements below. The Planning Board may<br />

approve a residential cluster <strong>of</strong> townhouses where it determines that the intent and purpose <strong>of</strong> the<br />

<strong>City</strong> Master Plan is better served by the cluster design and that the development meets the<br />

requisite standards and criteria for the residential cluster option.<br />

(1) The maximum permitted number <strong>of</strong> townhouse dwelling units in the age restricted residential<br />

cluster shall not exceed the number <strong>of</strong> single family dwelling units permitted for a fully<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

conforming subdivision <strong>of</strong> residential lots in the zone. For purposes <strong>of</strong> determining the maximum<br />

number <strong>of</strong> dwellings permitted, the applicant shall submit a yield map <strong>of</strong> a conforming<br />

conventional subdivision layout. The conforming lot yield map shall be in sufficient detail to<br />

permit the Planning Board to make an informed decision the subdivision would satisfy the<br />

ordinance requirements in every respect and would be approvable as a conventional subdivision<br />

without the need for any variances, waivers, or design exceptions from the <strong>City</strong> development<br />

regulations.<br />

(2) If the residential cluster <strong>of</strong> townhouses provides affordable housing, then one additional<br />

market rate townhouse unit will be permitted for every affordable unit provided. At the <strong>City</strong>’s<br />

option, the <strong>City</strong> may accept a payment in lieu <strong>of</strong> construction <strong>of</strong> the affordable housing on-site.<br />

The payment in lieu shall be in an amount as provided by the <strong>City</strong>’s affordable housing<br />

regulations.<br />

(3) If the townhouse development provides affordable housing, then the density <strong>of</strong> the<br />

development, including the additional units permitted to provide the affordable housing, shall not<br />

exceed a maximum <strong>of</strong> six dwelling units per acre.<br />

(4) The affordable housing units may be constructed as townhouse units, or as dwelling units<br />

located one over another.<br />

(5) The Planning Board may reduce the minimum common or public open space requirement<br />

<strong>of</strong> the cluster to twenty-five per cent (25%) <strong>of</strong> the gross land area <strong>of</strong> the cluster in order to<br />

accommodate an increased number <strong>of</strong> dwellings to provide affordable housing.<br />

(6) If the zoning on a site has changed subsequent to December 17, 2007, the number <strong>of</strong> units<br />

permitted for the purpose <strong>of</strong> calculating the additional number <strong>of</strong> units shall be the higher <strong>of</strong> the<br />

current number <strong>of</strong> units permitted or the number <strong>of</strong> units permitted on December 17, 2007.<br />

(7) Minimum Total <strong>Land</strong> Area Required. The minimum total land area required for<br />

development <strong>of</strong> a multifamily residential cluster <strong>of</strong> townhouses is five (5) developable acres.<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(8) Sewer and Water. The dwelling units <strong>of</strong> a residential cluster must be served by public<br />

sewer and water.<br />

(9) Open Space Design Requirements. The cluster design for open space should be arranged<br />

to preserve land as public or common open space in accordance with the following criteria.<br />

(a)<br />

A minimum <strong>of</strong> forty percent (40%) <strong>of</strong> the gross land area <strong>of</strong> the cluster<br />

shall be preserved as common open space.<br />

(b) All areas to be preserved as common open space shall be clearly<br />

identified and reserved on the plans submitted for approval. The existing and<br />

planned use <strong>of</strong> the open space shall be indicated on the plans.<br />

(c) The minimum land area required to be preserved as common open space<br />

shall be land that is not already preserved as open space or preserved as<br />

farmland.<br />

(d) The area proposed as public or private open space shall be suitable for<br />

enjoyment and use as open space. The Planning Board may withhold approval <strong>of</strong><br />

any area that it deems unsuitable as open space.<br />

(e) At least sixty five percent (65%) <strong>of</strong> the minimum land area required to be<br />

preserved as common open space shall be land unencumbered by any <strong>of</strong> the<br />

following: wetlands or wetlands transition areas; areas <strong>of</strong> special flood hazard;<br />

existing easement areas for utilities or drainage; rights <strong>of</strong> way; and surface<br />

waters.<br />

(f) Stormwater management basins are structures and do not qualify as open<br />

space for the purpose <strong>of</strong> meeting the common open space requirements.<br />

(g) Any common open space area shall be at least two (2) acres in area and<br />

have a minimum width <strong>of</strong> two hundred feet (200') and a minimum depth <strong>of</strong> two<br />

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<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

hundred feet (200'). The Planning Board may approve a smaller area where it<br />

determines that such action would be beneficial to the open space design <strong>of</strong> the<br />

cluster.<br />

(h)<br />

An open space lot shall have a minimum road frontage <strong>of</strong> at least one<br />

hundred feet (100’).<br />

(10) Common Open Space Ownership. The developer shall provide a plan for the use,<br />

ownership, and maintenance <strong>of</strong> any common open space in a residential cluster. The plan is<br />

subject to Planning Board review and approval. The ownership plan shall be submitted<br />

with the preliminary application for development and shall identify the existing and<br />

proposed ownership <strong>of</strong> all proposed open space areas. The <strong>City</strong>, at its option and in its sole<br />

discretion, or other governmental agency approved by the <strong>City</strong>, at any time and from time<br />

to time, may accept the dedication <strong>of</strong> land or any interest therein for public use and<br />

maintenance, but the <strong>City</strong> shall not require, as a condition <strong>of</strong> the approval <strong>of</strong> a residential<br />

cluster, that land proposed to be set aside for common open space be dedicated or made<br />

available to public use. The developer shall provide for an organization for the ownership<br />

and maintenance <strong>of</strong> any open space for the benefit <strong>of</strong> owners or residents <strong>of</strong> a residential<br />

cluster, if the open space is not dedicated to the municipality or other governmental agency.<br />

The type <strong>of</strong> ownership <strong>of</strong> land dedicated for common open space purposes shall be selected<br />

by the applicant subject to the approval <strong>of</strong> the Planning Board. Type <strong>of</strong> ownership may<br />

include, but is not necessarily limited to, the following:<br />

(a) The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>, subject to acceptance by the <strong>City</strong> Council.<br />

(b) Homeowner, condominium, or cooperative associations or organizations.<br />

(c) Shared, undivided interest by all property owners in the subdivision.<br />

(d) Any organization provided for by the developer to own or maintain open space shall<br />

not be dissolved and shall not dispose <strong>of</strong> any <strong>of</strong> its open space without first <strong>of</strong>fering<br />

to dedicate such property, without cost, to the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>.<br />

(11) Homeowners’ association. If the common open space is owned and maintained by a<br />

homeowner or condominium association, the developer shall file a declaration <strong>of</strong> covenants and<br />

restrictions that will govern the association, to be submitted with the application for the<br />

A-37


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

preliminary approval. The provisions shall include, but are not necessarily limited to, the<br />

following:<br />

(a) The homeowners’ association must be established before the sale <strong>of</strong> any residential<br />

unit.<br />

(b) Membership shall be mandatory for each buyer and any successive buyer.<br />

(c) The open space restrictions shall be permanent.<br />

(d) The association shall be responsible for liability insurance, local taxes, and the<br />

maintenance and replacement <strong>of</strong> recreational and other facilities.<br />

(e) Homeowners shall pay their pro rata share <strong>of</strong> the cost; the assessment levied by the<br />

association can become a lien on the property if allowed in the master deed<br />

establishing the homeowners’ association.<br />

(f) The association must be able to adjust the assessment to meet changed needs.<br />

(12) Maintenance <strong>of</strong> open space areas. In the event that a non-municipal organization with<br />

the responsibility for the common open space fails to maintain it in reasonable order and<br />

condition, then the <strong>City</strong> Council, in accordance with N.J.S.A. 40:55D-43, may correct such<br />

deficiencies and assess the cost <strong>of</strong> maintenance against the properties within the development.<br />

(13) <strong>Use</strong> and improvement <strong>of</strong> common open space for active recreation. The Planning Board<br />

may require the installation <strong>of</strong> recreational facilities suitable to the development, such as<br />

playgrounds, playfields, parks or similar outdoor recreation facilities, on the common open<br />

space,. Such facilities shall be conveniently located and accessible to all dwelling units and<br />

should follow the following guidelines:<br />

(a) One active recreation area should be provided for each 300 persons or 75 children <strong>of</strong><br />

projected population. Such areas should not be less than four acres.<br />

(b) For developments <strong>of</strong> more than 300 persons, active recreation or park space should be<br />

provided at the rate <strong>of</strong> 10.25 acres per 1,000 population.<br />

A-38


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(c) Undeveloped common open space. Undeveloped common open space should be left in its<br />

natural state. A developer may, however, make limited improvements for the installation <strong>of</strong><br />

utilities, necessary grading, and the provision <strong>of</strong> paths and trails. In addition, the Planning<br />

Board may require a developer to make other improvements, such as removal <strong>of</strong> dead or<br />

diseased trees; thinning <strong>of</strong> trees or other vegetation to encourage more desirable growth;<br />

reforestation <strong>of</strong> disturbed areas; and grading and seeding, subject to approval by all<br />

regulatory agencies.<br />

(14) Deed restrictions. Any lands dedicated for common open space purposes shall contain<br />

covenants and deed restrictions approved by the <strong>City</strong> attorney that ensure that:<br />

(a) The open space area will not be further subdivided in the future.<br />

(b) The use <strong>of</strong> the open space will continue in perpetuity for the purpose specified.<br />

(c) Appropriate provisions are made for the maintenance <strong>of</strong> the open space.<br />

(d) The open space shall not be utilized for any commercial purpose. The Planning<br />

Board, may however, approve the use <strong>of</strong> open space as farmland or pastureland as<br />

part <strong>of</strong> the residential cluster design.<br />

(15) Prior to the approval <strong>of</strong> the residential cluster, the Planning Board shall make a finding <strong>of</strong><br />

facts and conclusions as required by N.J.S.A 40:55D-45.<br />

SECTION SEVENTEEN<br />

ARTICLE XVI, Zoning, is hereby amended and supplemented to include the following section<br />

establishing the requirements for the developable area <strong>of</strong> each lot.<br />

Developable Area Requirement.<br />

All lots must provide a contiguous minimum developable land area within the lot. The contiguous<br />

developable land area within the lot shall be equal to or greater than the applicable minimum lot<br />

area required for the zone district in which the lot is located. The contiguous developable land<br />

area must also meet the minimum lot dimensions required by the zone district, except that the<br />

minimum contiguous developable land area is not required to exceed forty thousand (40,000)<br />

A-39


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

square feet where the lot is served by public sewer and public water, nor is it required to have a<br />

minimum dimension greater than one hundred fifty (150) feet. Where the lot is not served by<br />

public sewer or by public water, the contiguous developable land area within the lot is not<br />

required to exceed eighty thousand (80,000) square feet nor is it required to have a minimum<br />

dimension greater than one hundred fifty (150) feet.<br />

SECTION EIGHTEEN<br />

This section is intentionally blank.<br />

SECTION NINETEEN<br />

The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> Zoning Schedule, Sheet 1, Area, Yard, Bulk and Parking Standards (Part 1<br />

and Part 2), is hereby amended and supplemented, as shown on the attached amended schedule.<br />

SECTION TWENTY<br />

The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> Zoning Schedule, Sheet 2, Conditional <strong>Use</strong> Specific Standards is amended<br />

and supplemented, as hereby amended and supplemented as shown on the attached amended<br />

schedule.<br />

SECTION TWENTY-ONE<br />

The <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> Zoning Schedule, Sheet 4, Signage Standards, is hereby amended and<br />

supplemented, as shown on the attached amended schedule.<br />

SECTION TWENTY-TWO<br />

The Zoning Map <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> is amended and supplemented as shown on the attached<br />

amended zoning map.<br />

Attachments<br />

• Amended Zoning Map<br />

• Amendments to Zoning Schedule, Sheet 1, Area , Yard, Bulk, and Parking Standards<br />

A-40


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

• Amendments to Zoning Schedule, Sheet 2, Conditional <strong>Use</strong>s<br />

• Amendments to Zoning Schedule, Sheet 3, Parking Standards<br />

• Amendments to Zoning Schedule, Sheet 4, Signs<br />

SECTION TWENTY-THREE<br />

ARTICLE XVI, Zoning, Section 300-313, I-B Industrial Business Zone standards, Subsection D,<br />

conditional uses, is hereby amended as follows to eliminate church, congregation as a conditional<br />

use <strong>of</strong> the zone:<br />

(1) Church, congregation Reserved<br />

SECTION TWENTY-FOUR<br />

ARTICLE XVI, Zoning, Section 300-314, I-2 Industrial Zone standards, Subsection E, prohibited<br />

uses, is hereby amended as follows to eliminate manufacture <strong>of</strong> oil cloth as a prohibited use <strong>of</strong> the<br />

zone:<br />

(16) Manufacture <strong>of</strong> linoleum or oil cloth<br />

SECTION TWENTY-FIVE<br />

ARTICLE XVI, Zoning, Section 300-315, I-3 Industrial Zone standards, Subsection B, permitted<br />

uses, is hereby amended as follows to eliminate stone crushing operation as a permitted use <strong>of</strong> the<br />

zone:<br />

(3) Stone crushing operation Reserved<br />

SECTION TWENTY-SIX<br />

ARTICLE XVI, Zoning, Section 300-315, I-3 Industrial Zone standards, Subsection E, prohibited<br />

uses, is hereby amended as follows to eliminate stone crushing operation from the exceptions to<br />

the prohibited uses <strong>of</strong> the zone:<br />

A-41


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

(1) All uses prohibited in the I-2 Zone, except for manufacture <strong>of</strong> brick, tile or terra cotta;<br />

stone crushing operation; recycling facility, if all operations are conducted indoors; and<br />

resource extraction.<br />

SECTION TWENTY-SEVEN<br />

ARTICLE XVI, Zoning, Section 300-317, B-1 Business Zone standards, Subsection B, permitted<br />

uses, is hereby amended as follows to explicitly allow a medical <strong>of</strong>fice as a permitted use <strong>of</strong> the<br />

zone:<br />

(3) Business or pr<strong>of</strong>essional <strong>of</strong>fice Business, pr<strong>of</strong>essional or medical <strong>of</strong>fice.<br />

SECTION TWENTY-EIGHT<br />

ARTICLE XVI, Zoning, Section 300-317, B-1 Business Zone standards, Subsection D,<br />

conditional uses, is hereby amended as follows to delete funeral home as a conditional use <strong>of</strong> the<br />

zone:<br />

(2) Funeral home Reserved.<br />

SECTION TWENTY-NINE<br />

ARTICLE XVI, Zoning, Section 300-317, B-1 Business Zone standards, Subsection E, prohibited<br />

uses, is hereby amended as follows to delete linen and/or diaper service and steam bath as<br />

prohibited uses <strong>of</strong> the zone:<br />

(5) Linen and/or diaper service. Reserved<br />

(7) Steam bath. Reserved<br />

SECTION THIRTY<br />

A-42


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

ARTICLE XVI, Zoning, Section 300-318, B-2 Business Zone standards, Subsection B, permitted<br />

uses, is hereby amended as follows to delete gasoline station and public garage (car wash) and to<br />

add senior day care facility as permitted uses <strong>of</strong> the zone:<br />

(4) Gasoline station Senior day care facility.<br />

(5) Public garage: Reserved<br />

(a) Car wash.<br />

SECTION THIRTY-ONE<br />

ARTICLE XVI, Zoning, Section 300-319, B-3 Business Zone standards, Subsection B, permitted<br />

uses, is hereby amended as follows to allow senior day care facility and assisted living residence<br />

as permitted uses <strong>of</strong> the zone:<br />

(24) Senior day care facility.<br />

(25) Assisted living residence.<br />

SECTION THIRTY-TWO<br />

ARTICLE XVI, Zoning, Section 300-319, B-3 Business Zone standards, Subsection D,<br />

conditional uses, is hereby amended as follows to eliminate church, congregation as a conditional<br />

use <strong>of</strong> the zone:<br />

(1) Church, congregation Reserved.<br />

SECTION THIRTY-THREE<br />

ARTICLE XVI, Zoning, Section 300-320, B-4 Business Zone standards, Subsection B, permitted<br />

uses, is herby amended as follows to eliminate public garage (car wash, auto body shop, towing<br />

facility), drive-in theater, flea market, self-storage business, sign business and new and used car<br />

sales as permitted uses <strong>of</strong> the zone:<br />

(1) All uses permitted in the B-3 Zone, except for public garage (car wash, auto body shop,<br />

towing facility), drive-in theater, flea market, self-storage business, sign business, new<br />

and used car sales, and billboard.<br />

A-43


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

SECTION THIRTY-FOUR<br />

ARTICLE XVI, Zoning, Section 300-320, B-4 Business Zone standards, Subsection D,<br />

conditional uses, is hereby amended as follows to eliminate church, congregation, cemetery,<br />

crematorium, heliport, helistop and helipad as conditional uses <strong>of</strong> the zone:<br />

(1) Church, congregation Reserved.<br />

(2) Cemetery, crematorium Reserved.<br />

(4) Heliport, helistop, helipad Reserved.<br />

SECTION THIRTY-FIVE<br />

ARTICLE XVI, Zoning, Section 300-320.2, IN-1 Institutional Zone standards, Subsection B,<br />

permitted uses, is hereby amended as follows to allow senior day care facility as a permitted use<br />

<strong>of</strong> the zone:<br />

(20) Senior day care facility.<br />

(21) Public purpose uses:<br />

(a) Child-care center.<br />

(b) Governmental or public utility facility, with the exception <strong>of</strong> an electrical generating<br />

facility.<br />

(c) Governmental or public utility <strong>of</strong>fice.<br />

SECTION THIRTY-SIX<br />

ARTICLE XVI, Zoning, is hereby amended and supplemented to include the following new<br />

section establishing the Regional Mall Overlay District.<br />

A. Purpose. The purpose <strong>of</strong> the Regional Mall Overlay District is to provide an opportunity<br />

for the development <strong>of</strong> a regional shopping mall and/or large scale shopping opportunities. The<br />

area <strong>of</strong> the Regional Mall Overlay District is accessible from the interchanges <strong>of</strong> Route 55 with<br />

Sherman Avenue and South Delsea Drive and overlays portions <strong>of</strong> the B-3, IN-1 and MHP Zone<br />

A-44


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Zoning<br />

districts. The intent <strong>of</strong> the Regional Mall Overlay District is to permit shopping center<br />

development as an additional permitted use within the underlying zone districts.<br />

B. Permitted <strong>Use</strong>. The development <strong>of</strong> a shopping center with a minimum gross floor area<br />

<strong>of</strong> 250,000 square feet on a tract <strong>of</strong> 100 acres or greater shall be permitted within the Regional<br />

Mall Overlay District. Shopping center development shall be in accordance with the standards <strong>of</strong><br />

the B-4 zone district for shopping centers.<br />

A-45


B. ZONING SCHEDULES


C. ZONING MAP<br />

Note: This proposed Zoning Map was included as<br />

part <strong>of</strong> the Master Plan Reexamination Report<br />

prepared for the <strong>City</strong> Planning Board in May<br />

<strong>2008</strong>.


ALMOND RD<br />

AMOS AVE<br />

BORTLE AVE<br />

OSBORN AVE<br />

BORTLE AVE<br />

R-1<br />

FENIMORE ST<br />

NW BLVD<br />

NE BLVD<br />

DIVISION ST<br />

FOWLER AVE<br />

I-2<br />

NORTH ST<br />

Legend<br />

HENDEE RD<br />

GHEYSEN AVE<br />

Tax Parcels<br />

Downtown Improvement District<br />

DOWNS DR<br />

Flood Hazard Overlay<br />

ORCHARD RD<br />

ARR<br />

PC<br />

LUBINS LN<br />

PARK AVE<br />

NEW PEACH ST<br />

PC<br />

QUIGLEY AVE<br />

DELSEA DR<br />

B-4<br />

SUNNYSIDE DR<br />

LYNN AVE<br />

I-2<br />

B-2<br />

WW<br />

PEAR ST<br />

I-2<br />

R<br />

4TH ST<br />

ERIN ST<br />

PEACH ST<br />

LA FRANCE ST<br />

R-B-1<br />

PEAR ST<br />

P<br />

P/G<br />

PARK DR<br />

R-B-1<br />

7TH ST<br />

R<br />

CRYSTAL AVE<br />

HARVARD ST<br />

GILMORE ST<br />

EAST AVE<br />

Proposed Zone Changes<br />

HAMILTON DR<br />

CAMBRIDGE PL<br />

NEW PEAR ST<br />

VIRGINIA AVE<br />

BROADLAWN TER<br />

R-2<br />

BROAD LN<br />

PARK LN<br />

SAWYER AVE<br />

CARLTON PL<br />

LISA LN<br />

R-3<br />

BAYLOR AVE<br />

SAMUEL DR<br />

WOODLAWN AVE<br />

CHESTNUT TER<br />

LANDIS AVE<br />

B-4<br />

ZONE<br />

NAME<br />

A-5 Agricultural<br />

A-6 Agricultural<br />

ARR Age Restricted Residential Redevelopment District<br />

B-1 Business<br />

B-2 Business<br />

B-3 Business<br />

B-4 Business<br />

CO Conservation<br />

CPO Civic and Pr<strong>of</strong>essional Office Redevelopment District<br />

EG East Gate Mixed <strong>Use</strong> Redevelopment District<br />

I-1 Industrial<br />

I-2 Industrial<br />

I-3 Industrial<br />

I-4 Industrial<br />

I-B Industrial – Business<br />

IN-1 Institutional<br />

IN-2 Institutional Campus<br />

LC <strong>Land</strong>is Avenue Commercial Redevelopment District<br />

LMS <strong>Land</strong>is Avenue Main Street Redevelopment District<br />

MF Multi-Family<br />

MHP Mobile Home Park<br />

NC Neighborhood Commercial Redevelopment District<br />

P-A Pinelands Agricultural Production<br />

P-F Pinelands Forest<br />

P-R Pinelands Rural Development<br />

PC Plaza Commercial Redevelopment District<br />

P Public District<br />

P/G Park/Green Space Redevelopment District<br />

R Residential Redevelopment District - 9,500 sq. ft.<br />

R-1 Residential - 9,500 sq. ft.<br />

R-2 Residential - 11,250 sq.ft.<br />

R-3 Residential - 13,500 sq. ft.<br />

R-4 Residential - 16,500 sq. ft.<br />

R-5 Residential - 1 Acre<br />

R-6 Residential - 2 Acres<br />

R-B-1 Residential – Business<br />

R-B-2 Residential – Business<br />

R-P Residential – Pr<strong>of</strong>essional<br />

W-5 Woodlands<br />

W-6 Woodlands<br />

WW West <strong>Vineland</strong> Village Mixed-<strong>Use</strong> Redevelopment District<br />

CRESCENT DR<br />

CARLISLE DR<br />

CHIMES TER<br />

MOYER ST<br />

ELMER ST<br />

11 Tindall Road<br />

Middletown, NJ 07748-2792<br />

Phone: 732-671-6400<br />

Fax: 732-671-7365<br />

CONEY AVE<br />

B-3<br />

ALMOND ST<br />

HOLLY HILL TER<br />

EARL DR<br />

MONTROSE ST<br />

EARL DR<br />

R-2<br />

R<br />

R-2<br />

EARL DR<br />

MELROSE ST<br />

MARY CT<br />

DIANE CT<br />

EARL DR<br />

EARL DR<br />

THORVIEW CT<br />

R-B-1<br />

P/G<br />

B-1<br />

R-B-1<br />

WEST AVE<br />

WOOD ST<br />

2ND ST<br />

P<br />

LC<br />

Downtown Impr. District Area<br />

ALMOND ST<br />

CHERRY ST<br />

3RD ST<br />

THIRD STREET TER<br />

PLUM ST<br />

R-B-1<br />

I-3<br />

NC<br />

SW BLVD<br />

SE BLVD<br />

NC<br />

R<br />

PAUL ST<br />

ELMER ST<br />

GRAPE ST<br />

CPO<br />

6TH ST<br />

BELLAIR AVE<br />

CPO<br />

LMS<br />

CHESTNUT AVE<br />

P/G<br />

TULIP ST<br />

QUINCE ST<br />

R-B-1<br />

MONTROSE ST<br />

8TH ST<br />

CPO<br />

WASHINGTON AVE<br />

EG<br />

MICHIGAN AVE<br />

MYRTLE ST<br />

ALLEN AVE<br />

R-3<br />

R-P<br />

ARCADIA PL<br />

ALLEN AVE<br />

EWAN TER<br />

STATE ST<br />

STATE ST<br />

R-B-2<br />

HOWARD ST<br />

ALMOND ST<br />

YALE TER<br />

COLUMBIA AVE<br />

ALMOND ST<br />

<strong>City</strong> <strong>of</strong> <strong>Vineland</strong> Zone Map<br />

(Central Area)<br />

LOUISA LN<br />

EMBASSY TER<br />

TEMPLE RD<br />

D'SHIBE TER<br />

0 600 1,200<br />

Feet<br />

Notes:<br />

Flood Hazard Area boundaries are generalized and must be interpreted in accordance<br />

with the references cited in the <strong>City</strong> development regulations.<br />

Prepared by PNR, May 20, <strong>2008</strong><br />

Source: <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> GIS, NJDEP<br />

File Path: H:VINE\00013\GIS\Projects\ZONINGMAP-CENTERCITYMay<strong>2008</strong>.mxd<br />

Airport Hazard Area Boundaries are generalized and must be interpreted in accordance<br />

with the N.J.A.C. 16:62.1.1 et. seq. Air Safety and Hazardous Zoning.


D. DESIGN STANDARDS


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

STREAM CORRIDORS<br />

ARTICLE VII, Design Standards, is hereby amended to include the following design standards<br />

and regulations for development in the stream corridors <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>. (New text is<br />

underlined).<br />

Stream Corridors<br />

A. Statement <strong>of</strong> purpose. The stream corridors <strong>of</strong> the <strong>City</strong> consist <strong>of</strong> rivers, streams, ponds,<br />

lakes, together with adjacent upland areas, including the floodplain and areas that support<br />

protective bands <strong>of</strong> vegetation that line the waters edge. The maintenance <strong>of</strong> a stream buffer as<br />

part <strong>of</strong> the corridor <strong>of</strong> a surface water body is needed to maintain water quality and to protect the<br />

stream environment from adverse development impacts. The purpose <strong>of</strong> these stream corridor<br />

regulations is to provide design standards that will:<br />

(1) Improve the management, care, and conservation <strong>of</strong> the water resources <strong>of</strong> the <strong>City</strong> <strong>of</strong><br />

<strong>Vineland</strong>.<br />

(2) Protect significant ecological components <strong>of</strong> stream corridors such as floodplains,<br />

woodlands, steep slopes and wild life and plant life habitats within the stream corridors <strong>of</strong> the<br />

watershed; and prevent flood related damage to the communities <strong>of</strong> the watershed.<br />

(3) Complement existing State, regional, county and municipal stream corridor and flood<br />

hazard protection and management regulations and initiatives.<br />

(4) Coordinate the regulation <strong>of</strong> development within stream corridors in a manner<br />

complementary and consistent with the <strong>City</strong>’s other regulatory approaches regarding<br />

environmentally sensitive areas, including the <strong>City</strong> Flood Hazard Overlay zone.<br />

(5) Reduce the amount <strong>of</strong> nutrients, sediment, organic matter pesticides, and other harmful<br />

substances that reach watercourses, and subsurface and surface water bodies by using<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-1


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

scientifically proven processes including filtration, deposition, absorption, adsorption, plant<br />

uptake, biodegradation, denitrification and by improving infiltration, encouraging sheet flow, and<br />

stabilizing concentrated flows.<br />

(6) Regulate the land use, siting and engineering <strong>of</strong> all development to be consistent with the<br />

intent and objectives <strong>of</strong> this ordinance and accepted conservation practices.<br />

(7) Conserve natural, scenic, and recreation areas within and adjacent to streams and water<br />

bodies. Support the water resource policies <strong>of</strong> the New Jersey State Development and<br />

Redevelopment Plan.<br />

(8) Advance the purposes <strong>of</strong> the New Jersey Municipal <strong>Land</strong> <strong>Use</strong> Law with particular regard<br />

to those purposes set forth pursuant to N.J.S.A. 40:55D-2a,b,d,i, and j.<br />

B. Definitions.<br />

STREAM shall mean any pond or lake or perennial or intermittent waterway depicted on the most<br />

recent United States Geological Survey 7.5 minute topographic map quadrangles and/or the<br />

Cumberland County Soils Report prepared by the U.S. Soil Conservation Service.<br />

STREAM CORRIDOR shall mean the stream channel (the bed and banks <strong>of</strong> a stream that confine<br />

and conduct continuously or intermittently flowing water or the bed and banks <strong>of</strong> a pond or lake),<br />

the area within the one-hundred year flood line, and the stream corridor buffer. Where no 100-<br />

year flood line has been delineated, the stream corridor shall consist <strong>of</strong> the stream channel and<br />

stream corridor buffer area.<br />

STREAM CORRIDOR BUFFER shall mean an area extending a minimum <strong>of</strong> 75 feet and an<br />

average distance <strong>of</strong> 100 feet from the 100-year flood line or from the boundary <strong>of</strong> the Flood<br />

Hazard Overlay zone unless a greater distance is required for the specific stream by <strong>City</strong><br />

regulation. If there is no 100-year flood line delineated, the distance shall be measured outward<br />

from the bank <strong>of</strong> the stream channel, lake, or pond. If slopes greater than ten (10) percent, or<br />

wetlands, or wetland transition areas abut the outer boundary <strong>of</strong> the stream corridor, the area <strong>of</strong><br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-2


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

such slopes, wetlands and wetland transition areas shall also be included within the boundaries <strong>of</strong><br />

the stream corridor buffer area.<br />

C. Applicability.<br />

(1) All tracts that are the subject <strong>of</strong> an application for subdivision, site plan, conditional use,<br />

or variance approval that fall in whole or in part within a stream corridor or stream corridor buffer<br />

or the Flood Hazard Overlay District shall be subject to the standards set forth in this section.<br />

(2) Review <strong>of</strong> any land disturbance in a stream corridor or stream corridor buffer or the<br />

Flood Hazard Overlay zone shall be undertaken as part <strong>of</strong> the application review by the Planning<br />

Board.<br />

(3) The stream corridor buffer shall be increased to a minimum distance <strong>of</strong> 200 feet and an<br />

average distance <strong>of</strong> 250 feet for the following:<br />

(a) Blackwater Branch, from East Avenue eastward to the <strong>City</strong> limit.<br />

(b) Maurice River, main stem, from its confluence with the Blackwater Branch north<br />

to the <strong>City</strong> limit.<br />

(c) Menantico Creek, main stem.<br />

D. Stream corridor standards.<br />

(1) Permitted activities. Stream corridors and stream corridor buffers shall remain in their<br />

natural state, with no clearing or cutting <strong>of</strong> trees and brush (except for removal <strong>of</strong> dead vegetation<br />

and pruning for reasons <strong>of</strong> public safety), altering <strong>of</strong> watercourses, regrading or construction,<br />

except for the following activities:<br />

(a) Wildlife sanctuaries, woodland preserves, and arboretums, but excluding enclosed<br />

structures.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-3


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

(b) Game farms, fish hatcheries, and fishing reserves, operated for the protection and<br />

propagation <strong>of</strong> wildlife, but excluding enclosed structures.<br />

(c) Hiking, bicycle, and bridle trails, including bridges or other structures appurtenant<br />

thereto constructed.<br />

(d) Trails or pathways, including bridges or other structures appurtenant thereto<br />

constructed and/or maintained by or under the authority <strong>of</strong> the <strong>City</strong> for the purpose<br />

<strong>of</strong> providing access to public recreation areas.<br />

(e) Fishing areas.<br />

(f) Cultivation <strong>of</strong> the soil for agricultural or horticultural production, pasture, and<br />

similar agricultural uses undertaken in accordance with agricultural best<br />

management practices to reduce or prevent nonpoint source pollution.<br />

(2) Location <strong>of</strong> activities on tracts partially within stream corridors.<br />

(a) All new lots in major and minor subdivisions and site plans shall be designed to<br />

provide sufficient areas outside <strong>of</strong> stream corridors and stream corridor buffers for<br />

the placement <strong>of</strong> principal buildings and uses as well as any permitted accessory<br />

uses.<br />

(b) The Planning Board may allow an average stream corridor buffer width <strong>of</strong> 100 feet<br />

from the 100-year flood line, thus allowing reasonable flexibility to accommodate<br />

site planning when necessitated by the size and shape <strong>of</strong> the tract and physical<br />

conditions thereon. The stream corridor width may be reduced to a minimum <strong>of</strong> 75<br />

feet from the 100-year flood line provided there is an equivalent increase in the<br />

width elsewhere on site and that all relevant permits (e.g., Stream Encroachment,<br />

Freshwater Wetlands) are obtained.<br />

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D-4


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

(3) Activities in Stream Corridors and Stream Corridor Buffers when there is no Reasonable<br />

or Prudent Alternative. The Planning Board may permit the following in a stream corridor, if the<br />

Planning Board determines that there is no other reasonable or prudent alternative to placement in<br />

the stream corridor or stream corridor buffer.<br />

(a) Recreational use, whether open to the public or restricted to private membership,<br />

such as parks, camps, picnic areas, golf courses, sports, or boating clubs, not to<br />

include enclosed structures, but permitting piers, docks, floats, or shelters usually<br />

found in developed outdoor recreational areas.<br />

(b) Outlet installation for sewage treatment plants and sewage pumping stations and<br />

the expansion <strong>of</strong> existing sewage treatment facilities.<br />

(c) Private or public water supply wells that have a sanitary seal, flood-pro<strong>of</strong>ed water<br />

treatment facilities, or pumping facilities.<br />

(d) Dredging or grading when incidental to permitted structures or uses, including<br />

stream cleaning and stream rehabilitation work undertaken to improve hydraulics<br />

or to protect public health.<br />

(e) Dams, culverts, bridges, and roads provided that they cross the corridor directly as<br />

practical.<br />

(f) Sanitary or storm sewers.<br />

(g) Utility transmission lines installed during periods <strong>of</strong> low stream flow in accordance<br />

with soil erosion and sediment control practices and approved by the State Soil<br />

Conservation District in a manner that will not impede flows or cause ponding <strong>of</strong><br />

water.<br />

(h) Stormwater management facilities such as detention basins and outfall facilities.<br />

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D-5


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

(4) Provisions Governing Activities in Stream Corridors and Stream Corridor Buffers.<br />

(a) The applicant for development <strong>of</strong> any activity in a stream corridor or stream<br />

corridor buffer shall rehabilitate any degraded areas within the stream corridor, in a<br />

manner acceptable to the Planning Board, as the case may be, unless the applicant<br />

demonstrates that it is economically infeasible to do so.<br />

(b) The applicant shall also:<br />

(1) Rehabilitate or cure the effects <strong>of</strong> the disturbance caused during construction;<br />

(2) Maintain the integrity <strong>of</strong> the surrounding habitat; and<br />

(3) Maintain the existing ability <strong>of</strong> the stream corridor to buffer the stream.<br />

(c) The applicant shall provide whatever additional measures are necessary to ensure<br />

that areas designated as stream corridors and stream corridor buffers will be<br />

preserved and to prevent additional encroachments in the stream corridor likely to<br />

occur as a result <strong>of</strong> the approval granted.<br />

(d) The Planning Board may require conservation easements or deed restrictions<br />

ensuring that there will be no further intrusion on the stream corridor than that<br />

permitted by the activity approved.<br />

(5) Submission Requirements. An applicant for an activity in a stream corridor or stream<br />

corridor buffer shall submit a map at a scale <strong>of</strong> not less than 1" = 100' <strong>of</strong> the project site<br />

delineating the following, using the best available information:<br />

(a) 100-year flood line which shall be the line formed by the area inundated by a 100<br />

year flood which is the flood estimated to have a one percent chance <strong>of</strong> being<br />

equaled or exceeded in any one year; and<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-6


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Stream Corridors<br />

(b) State wetland boundary lines; and<br />

(c) The stream corridor and stream corridor buffer boundary; and<br />

(d) Any steep slopes located within the site; and<br />

(e) The location <strong>of</strong> all improvements and land disturbance proposed to be located<br />

within any <strong>of</strong> the above boundaries.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-7


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

WELLHEAD PROTECTION<br />

ARTICLE VII, Design Standards, is hereby amended to include the following design standards<br />

and regulations to protect the public community wells <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> from ground water<br />

contamination. (New text is underlined).<br />

Wellhead protection.<br />

A. Statement <strong>of</strong> purpose. The <strong>City</strong> public water supply is derived exclusively from ground<br />

water resources and public community wells. The Kirkwood-Cohansey formation is the main<br />

source <strong>of</strong> the <strong>City</strong> public water supply.<br />

The purpose <strong>of</strong> these design standards is to secure the public health, safety and welfare by<br />

protecting ground water resources to ensure a supply <strong>of</strong> safe and healthful drinking water for the<br />

general public in <strong>Vineland</strong>.<br />

The lands surrounding the wellhead <strong>of</strong> each public community well in <strong>Vineland</strong> are areas through<br />

which contaminants may move in the ground to be withdrawn in water taken from the well. To<br />

reduce the risk <strong>of</strong> contamination to the <strong>City</strong>’s water supply, the development <strong>of</strong> the lands around<br />

the wellhead must safeguard against accidental spills and discharges <strong>of</strong> toxic and hazardous<br />

materials that may threaten the quality <strong>of</strong> the <strong>City</strong>'s ground water supplies and related water<br />

sources. As a preventive measure, the proximity <strong>of</strong> such materials to sources <strong>of</strong> water supplies<br />

should be restricted and the potential for ground water contamination should be reduced to<br />

prevent the migration <strong>of</strong> potential pollutants into the ground water that is withdrawn from a<br />

public community well.<br />

B. Definitions.<br />

BEST MANAGEMENT PRACTICES (BMP) shall mean performance or design standards<br />

established to minimize the risk <strong>of</strong> contaminating ground water or surface waters while managing<br />

the use, manufacture, handling or storage <strong>of</strong> hazardous substances or hazardous wastes.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-8


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

CONTAMINATION shall mean the presence <strong>of</strong> any harmful or deleterious substances in the water<br />

supply.<br />

DISCHARGE shall mean any intentional or unintentional action or omission, unless pursuant to<br />

and in compliance with the conditions <strong>of</strong> a valid and effective Federal or State Permit, resulting in<br />

the releasing, spilling, pumping, pouring, emitting, emptying or dumping <strong>of</strong> a hazardous<br />

substance into the waters or lands <strong>of</strong> the State or into waters outside the jurisdiction <strong>of</strong> the State<br />

when damage may result to the lands, waters or natural resources within the jurisdiction <strong>of</strong> the<br />

State.<br />

HAZARDOUS SUBSTANCE shall mean a substance designated under 40 CFR 116 pursuant to<br />

Section 311 <strong>of</strong> the Federal Act, the Spill Compensation and Control Act, N.J.S.A. 58:10-23.ll et<br />

seq., or Section 4 <strong>of</strong> the State Act. Substances listed include petroleum, petroleum products,<br />

pesticides, solvents and other substances.<br />

HAZARDOUS WASTE shall mean any solid waste that is defined or identified as a hazardous<br />

waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or<br />

40 CFR Part 261.<br />

POLLUTED WATER shall mean in the content <strong>of</strong> drinking water, water is polluted when a<br />

pollutant is present in excess <strong>of</strong> a maximum contaminant level or bacteriological limit established<br />

by law or regulation.<br />

PUBLIC COMMUNITY WELL shall mean a public water supply well which serves at least 15<br />

service connections used by year-round residents or regularly serves at least 25 year-round<br />

residents.<br />

WELLHEAD shall mean the well borehole and its attendant equipment.<br />

WELLHEAD PROTECTION AREA shall mean the area within the corporate boundaries <strong>of</strong> the<br />

<strong>City</strong> <strong>of</strong> <strong>Vineland</strong> and described in plan view around a well, from which groundwater is<br />

reasonably likely to flow to the well and through which groundwater pollution, if it occurs, is<br />

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D-9


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

reasonably likely to pose a significant threat to the water quality <strong>of</strong> a public community well.<br />

Wellhead protection areas consist <strong>of</strong> three tiers, corresponding to areas on average, from which<br />

groundwater flows to a well in two years (Tier 1), five years (Tier 2), and 12 years (Tier 3).<br />

These areas are delineated by the New Jersey Geological Survey <strong>of</strong> the New Jersey Department<br />

<strong>of</strong> Environmental Protection (NJDEP). The location <strong>of</strong> the existing wellhead protection areas in<br />

the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> are mapped on Map CO-1, Conservation Plan, in the Conservation Plan<br />

Element <strong>of</strong> the <strong>City</strong> Master Plan adopted by the <strong>City</strong> Planning Board. For any planned location<br />

<strong>of</strong> a new public community well for which the NJDEP has not delineated the wellhead protection<br />

area, the wellhead protection area shall be the area within a radius <strong>of</strong> two thousand (2,000) feet<br />

from the location <strong>of</strong> the proposed wellhead.<br />

C. Applicability. Any <strong>of</strong> tract <strong>of</strong> land that is the subject <strong>of</strong> an application for subdivision,<br />

site plan, conditional use, or use variance approval, and which is located in a wellhead protection<br />

area, shall be subject to the standards and limitations set forth for wellhead protection.<br />

D. Prohibited activities. The following activities shall not be allowed within a wellhead<br />

protection area:<br />

(1) Permanent storage or disposal <strong>of</strong> hazardous wastes, industrial or municipal sludge or<br />

radioactive materials, including solid waste landfills.<br />

(2) Collection and transfer facilities for hazardous wastes, solid wastes that contain<br />

hazardous materials, and radioactive materials.<br />

(3) Any activity requiring the underground storage <strong>of</strong> hazardous substances or waste in<br />

excess <strong>of</strong> an aggregate <strong>of</strong> three-hundred (300) gallons.<br />

E. Permitted activities. The following activities involved, conducted, or proposed as part <strong>of</strong><br />

an otherwise permitted use or accessory use in the zone shall be allowed in a wellhead protection<br />

area only upon the finding as part <strong>of</strong> any required site plan, subdivision, conditional use, or<br />

variance approval, that best management practices, or other procedures or measures, as set forth<br />

below in subsection H, are in place such that a minimal threat is posed by the activity to<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-10


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

groundwater quality in the wellhead protection area in which the activity is to be conducted:<br />

(1) On-site storage (above or below ground), use or disposal <strong>of</strong> hazardous substances or waste in<br />

excess <strong>of</strong> an aggregate <strong>of</strong> fifty (50) gallons or one hundred (100) pounds.<br />

(2) Auto body and auto repair activities.<br />

(3) New and used truck and auto repair activities<br />

(4) Contractor yards.<br />

(5) Commercial car washes.<br />

F. Exempted activities. The following activities are exempted from the requirements <strong>of</strong><br />

subsection D., Prohibited activities, and Subsection E., permitted activities.<br />

(1) Retail sales establishments that store and handle hazardous substances in their original<br />

unopened containers.<br />

(2) Police, fire, and emergency medical service facilities.<br />

(3) Municipal, County, and Sate government facilities.<br />

(4) The use <strong>of</strong> any hazardous substance solely as fuel in a vehicle fuel tank or as a lubricant in a<br />

vehicle.<br />

(5) The transportation <strong>of</strong> a hazardous substance or waste through the wellhead protection area,<br />

provided that the transporting vehicle is in transit and meets all state and federal requirements<br />

for the transportation <strong>of</strong> such materials.<br />

(6) The use or presence <strong>of</strong> small quantities <strong>of</strong> hazardous substances on residential property that<br />

are appropriate to normal residential use.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-11


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

G. Environmental Impact Statement (EIS) requirement. All activities regulated pursuant to<br />

subsection D., Prohibited activities, and Subsection E., permitted activities, seeking development<br />

approval within a wellhead protection area, shall submit an environmental impact statement<br />

demonstrating to the satisfaction <strong>of</strong> the <strong>City</strong> Planning Board that the proposed use and or/activity<br />

employs, to the maximum extent practicable, best management practices, as set forth in<br />

subsection H., below, to protect ground water quality and minimize the risk <strong>of</strong> potential<br />

groundwater contamination.<br />

H. Best management practices requirement. All site plan and major subdivision applications shall<br />

demonstrate to the satisfaction <strong>of</strong> the Planning Board that the proposed development is planned<br />

and designed to the maximum extent practicable, for best management practices for the protection<br />

<strong>of</strong> groundwater quality and minimization <strong>of</strong> the risk <strong>of</strong> potential groundwater contamination.<br />

(1) All portions or areas <strong>of</strong> a facility in which hazardous substances or hazardous wastes are<br />

stored, processed, manufactured or transferred outdoors, shall be designed so that the discharges<br />

<strong>of</strong> hazardous substances will be prevented from overflowing, draining, or leaching into the<br />

ground water or surface waters.<br />

(2) Outdoor storage, dispensing, loading, manufacturing or processing areas <strong>of</strong> hazardous<br />

substances or hazardous wastes must be protected from precipitation, stormwater flows or<br />

flooding.<br />

(3) Wherever hazardous substances are stored, processed, manufactured or transferred<br />

outdoors, the design features shall include secondary containment and/or diversionary structures<br />

which may include but not be limited to:<br />

(a)<br />

Containers, dikes, berms or retaining walls sufficiently impermeable to contain<br />

spilled hazardous substances, for the duration <strong>of</strong> a spill event.<br />

(b)<br />

Curbing.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-12


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

(c)<br />

Gutter, culverts and other drainage systems.<br />

(d)<br />

Weirs, booms and other barriers.<br />

(e)<br />

Lined diversion ponds, lined lagoons and lined retention basins, holding tanks,<br />

sumps, slop tanks and other collecting systems.<br />

(f)<br />

Drip pans.<br />

(4) Secondary containment and/or diversionary systems, structure or equipment must meet<br />

the following standards:<br />

(a)<br />

The system must block all routes by which spilled hazardous substances could be<br />

expected to flow, migrate, or escape into the ground water or surface waters.<br />

(b)<br />

The system must have sufficient capacity to contain or divert the largest probable<br />

single discharge that could occur within the containment area, plus an additional<br />

capacity to compensate for any anticipated normal accumulation <strong>of</strong> rainwater.<br />

(c)<br />

In order to prevent the discharge <strong>of</strong> hazardous substances into ground water, all<br />

components <strong>of</strong> the system shall be made <strong>of</strong> or lined with impermeable materials<br />

sufficient to contain the substance for the duration <strong>of</strong> a spill event. Such material<br />

or liner must be maintained in an impermeable condition.<br />

(d)<br />

No manufacturing area, processing area, transfer area, dike storage area, or other<br />

storage area, or secondary containment/diversion system appurtenant thereto shall<br />

drain into a watercourse, or into a ditch, sewer, pipe or storm drain that leads<br />

directly or indirectly into a surface or subsurface disposal area, unless provision<br />

has been made to intercept and treat any spilled hazardous substances in an NJDEP<br />

approved industrial wastewater treatment or pre-treatment facility, or other NJDEP<br />

approved facility.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-13


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Wellhead Protection<br />

(e)<br />

Catchment basins, lagoons and other containment areas that may contain<br />

hazardous substances should not be located in a manner that would subject them to<br />

flooding by natural waterways.<br />

(5) Storage <strong>of</strong> hazardous materials shall, except as otherwise regulated by State or Federal<br />

regulation, allow access for physical inspection and monitoring and shall utilize the best available<br />

technology to provide for automatic and immediate alarm or detection <strong>of</strong> releases.<br />

(6) <strong>Use</strong>rs <strong>of</strong> hazardous materials shall have a plan to detect and control hazardous material<br />

leaks and spills, including but not limited to inspections, notification procedures, and emergency<br />

containment and cleanup procedure.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-14


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

CONSERVATION OF FORESTS AND TREES<br />

ARTICLE VII, Design Standards, is hereby amended to include the following design standards<br />

and regulations for the conservation <strong>of</strong> trees and forests in the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>. (New text is<br />

underlined.)<br />

Conservation <strong>of</strong> Forests and Trees.<br />

A. Statement <strong>of</strong> Purpose<br />

Forests and trees are important to the <strong>City</strong>’s identity and environmental health. <strong>Vineland</strong>’s forests<br />

are an important part <strong>of</strong> the <strong>City</strong>’s natural landscape and habitats and protect water and air<br />

quality, control flooding, and reduce stormwater run<strong>of</strong>f and erosion. Forests absorb carbon<br />

dioxide and release oxygen into the atmosphere. Forests reduce greenhouse gas emissions,<br />

especially carbon dioxide, and they help control global warming.<br />

The planting, maintenance, and protection <strong>of</strong> trees benefits the <strong>City</strong>’s environment. Planting or<br />

preserving trees can reduce energy demand in buildings and heating and cooling costs, and trees<br />

are beneficial for stormwater management, for controlling erosion, and for masking urban noise.<br />

Trees can mitigate the adverse impacts <strong>of</strong> the urban heat island effect. When planted in parking<br />

lots and streets, trees are effective in cooling and beautifying the urban and the suburban<br />

environment.<br />

The clear cutting <strong>of</strong> forests and the removal <strong>of</strong> trees to prepare a development site has<br />

substantially adverse environmental impacts including increased drainage control costs, increased<br />

soil erosion, increased buildup <strong>of</strong> atmospheric carbon, and increased dust.<br />

The purpose <strong>of</strong> these standards is to regulate and control indiscriminate and excessive cutting <strong>of</strong><br />

trees and forests and preserve the maximum possible number <strong>of</strong> trees and forest area in the course<br />

<strong>of</strong> development <strong>of</strong> a site; to protect larger, older specimens <strong>of</strong> trees; and to provide a plan for<br />

replacement <strong>of</strong> trees.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-15


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

B. Applicability.<br />

The standards set forth in this section shall apply to all applications for subdivision, site plan,<br />

conditional use, or use variance approval for sites greater than one acre in area and that have<br />

forest covering more than acre in area. An area or stand <strong>of</strong> trees shall be considered as forest or<br />

forest acreage where twenty percent (20%) or more <strong>of</strong> the trees covering an area greater than one<br />

quarter (1/4) acre have a diameter breast height (DBH) <strong>of</strong> six inches or greater or where there are<br />

one or more groves <strong>of</strong> mature trees, without regard to the minimum DBH, consisting <strong>of</strong> a<br />

substantial number <strong>of</strong> individual specimens. The DBH shall be measured from four (4) feet<br />

above grade.<br />

The goal <strong>of</strong> these requirements is to retain rather than replace forest acreage.<br />

In the following zone districts, developments that result in the removal <strong>of</strong> more than sixty-five<br />

percent (65%) <strong>of</strong> the forest acreage within the development shall mitigate for the loss <strong>of</strong> forest,<br />

and provide for the replacement <strong>of</strong> trees as set forth by these design standards: zones R-B-1, R-B-<br />

2, R-P, I-1, I-B, I-2, I-3, I-4, B-1, B-2, B-3, B-4, MHP, IN-1, IN-2, MF, and P. In all other zone<br />

districts, any development which results in the removal <strong>of</strong> more than thirty percent (30%) <strong>of</strong> the<br />

forest acreage within the development shall mitigate for the loss <strong>of</strong> forest and provide for the<br />

replacement <strong>of</strong> trees as set forth by these design standards.<br />

No development shall cut or remove, or cause to be cut or removed, any tree with a diameter<br />

breast height (DBH) <strong>of</strong> six (6) inches or greater, unless the cutting or removal is accomplished in<br />

accordance with a site plan or subdivision approved in accordance with the provisions <strong>of</strong> this<br />

section. No tree with a DBH <strong>of</strong> six (6) inches or greater shall be cut or otherwise removed from<br />

any lands that are subject to a tree replacement plan except in accordance with a tree replacement<br />

plan approved as part <strong>of</strong> the subdivision or site plan application.<br />

All development design shall be arranged with particular attention to conserve any significant<br />

trees, which are defined to be the largest known individual trees <strong>of</strong> each species in New Jersey<br />

listed by the New Jersey Department <strong>of</strong> Environmental Protection, Bureau <strong>of</strong> Forestry; and/or<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-16


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

large trees approaching the diameter <strong>of</strong> the known largest tree; and or species that are rare to the<br />

area and or have particular horticultural or landscape value.<br />

C. Replacement plan.<br />

An application for major subdivision or site plan approval shall include a forest retention and tree<br />

save and replacement plan. The plan shall be certified by a New Jersey Approved Forester, a<br />

New Jersey Certified <strong>Land</strong>scape Architect, or a New Jersey Certified Tree Expert. The forest<br />

retention and tree save and replacement plan shall include the following:<br />

(1) A tree save plan and inventory, on the scale otherwise set forth in this chapter, or <strong>of</strong> one<br />

inch equals 50 feet or less, showing the location <strong>of</strong> existing forest areas and clearly marked<br />

boundaries <strong>of</strong> the plots used to determine the average forest acreage for the site. For each plot<br />

there shall be a list identifying the number and species <strong>of</strong> trees inventoried. The site plan shall<br />

include the lot and block numbers, the street address, if assigned, and a certification <strong>of</strong><br />

compliance with the requirements <strong>of</strong> this section.<br />

(2) The location <strong>of</strong> any areas on the site that were previously forest but which were cleared<br />

within twenty-four months prior to the filing <strong>of</strong> the application for development shall be shown.<br />

Such areas may be included by the Planning Board for the purpose <strong>of</strong> determining the total<br />

number <strong>of</strong> forest acres on the tract and the number <strong>of</strong> trees that are subject to tree replacement.<br />

(3) The location <strong>of</strong> streams and watercourses.<br />

(4) The locations <strong>of</strong> slopes <strong>of</strong> greater than 10% where any tree removal is proposed.<br />

(5) The location(s) on the tract where tree removal is to take place.<br />

(6) The total acreage <strong>of</strong> the tract.<br />

(7) The total number <strong>of</strong> forest acres within the tract.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-17


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

(8) The total number <strong>of</strong> forest acres allowed to be removed, without subjecting the<br />

development to the requirements for tree replacement.<br />

(9) The total number <strong>of</strong> forest acres proposed to be removed.<br />

(10) The total number, by species, <strong>of</strong> existing trees with a DBH <strong>of</strong> six inches or greater on the<br />

tract. For tracts greater than two acres in size, the applicant may estimate the total number <strong>of</strong><br />

trees by multiplying the total number <strong>of</strong> forest acres permitted for development by the number <strong>of</strong><br />

trees on an average forest acre for the site.<br />

(11) The total number, by species, <strong>of</strong> trees with a DBH <strong>of</strong> six inches or greater which are to be<br />

removed. For tracts greater than two acres in size, the applicant may make an estimate <strong>of</strong> the<br />

total quantity <strong>of</strong> trees to be removed, by species, based upon the average forest acre for the site.<br />

(12) Notwithstanding permitted estimates <strong>of</strong> the quantity <strong>of</strong> trees to be removed, all trees with<br />

a DBH <strong>of</strong> sixteen (16) inches or greater shall be specifically identified by location, species and<br />

common name. All efforts shall be made to preserve such trees, including, if necessary,<br />

relocation <strong>of</strong> infrastructure, roadways and buildings. Removal <strong>of</strong> any tree within this category<br />

shall require specific approval and any such trees approved for removal shall be listed<br />

individually on the approved plan.<br />

(13) A specific plan for replacement <strong>of</strong> removed trees in accordance with the requirements <strong>of</strong><br />

this section.<br />

(14) A <strong>City</strong>-approved method <strong>of</strong> disposal <strong>of</strong> removing trees, topping and slash. No burning or<br />

burying <strong>of</strong> trees or parts <strong>of</strong> trees is permitted. All disposal methods must comply with the<br />

requirements <strong>of</strong> the <strong>City</strong> code.<br />

D. All specific plans for replacement <strong>of</strong> removed trees shall be based upon the following<br />

formulas:<br />

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D-18


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

(1) For trees with a DBH equal to or greater than six (6) inches and less than sixteen (16)<br />

inches, replacement shall be based upon the percentage <strong>of</strong> the trees removed as set forth in Table<br />

A below:<br />

Table A<br />

Replacement <strong>of</strong> trees equal to or greater than six (6) inches and less than<br />

sixteen (16) inches DBH:<br />

Percentage <strong>of</strong> Trees<br />

Removed From Forest<br />

Acres<br />

Percentage <strong>of</strong> Removed<br />

Trees to be Replaced<br />

(using trees with a minimum<br />

DBH <strong>of</strong> 2-1/2 inches<br />

60 to 100 50<br />

40 to 59 40<br />

20 to 39 20<br />

Less than 20 10<br />

(2) Any trees with a DBH equal to or greater than six (6) inches and less than sixteen (16)<br />

inches left standing in areas designated for removal or trees planted in compliance with other<br />

requirements <strong>of</strong> the development regulations shall be credited against the total replacement count<br />

on a one-for-one basis. For trees with a DBH <strong>of</strong> sixteen (16) inches or greater, replacement shall<br />

be in accordance with Table B below. The species or type <strong>of</strong> replacement trees shall be selected<br />

from a list to be provided by the Environmental Commission or shall be the same as the species<br />

removed from the tract under consideration.<br />

(3) For trees with a DBH equal to or greater than sixteen (16) inches, the removed tree shall<br />

be replaced according to Table B below:<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-19


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

Table B<br />

Replacement <strong>of</strong> trees equal to or greater than 16 inches DBH:<br />

Existing Tree<br />

To be Removed<br />

(inches)<br />

Number <strong>of</strong> Replacement Trees<br />

(minimum DBH<br />

<strong>of</strong> 2-1/2 inches)<br />

Less than 18 3<br />

Less than 21 4<br />

Less than 24 5<br />

Less than 27 6<br />

Less than 29 7<br />

Less than 31 8<br />

(4) The species or type <strong>of</strong> replacement trees shall be selected from a list maintained by the<br />

Environmental Commission, or shall be the same as the species removed from the tract under<br />

consideration.<br />

E. In lieu <strong>of</strong> planting <strong>of</strong> the replacement trees on site, the applicant may request or may be<br />

required to contribute an amount equal to twice the current value <strong>of</strong> each unplanted tree to a fund<br />

established by the <strong>City</strong> for environmental programs such as tree planting, tree maintenance, tree<br />

preservation, park development or landscaping and other comparable project as recommended by<br />

the Environmental Commission. The applicant may apply this option to up to 50% <strong>of</strong> the required<br />

number <strong>of</strong> replacement trees; all requests to make contributions in lieu <strong>of</strong> planting replacement<br />

trees in excess <strong>of</strong> 50% <strong>of</strong> the required number <strong>of</strong> replacement trees must be approved by the<br />

Board.<br />

F. Where an applicant claims that the cost <strong>of</strong> the required number <strong>of</strong> replacement trees, as<br />

determined by the formula in this section, would impose a development cost that exceeds 5% <strong>of</strong><br />

the total bonded improvement cost on development <strong>of</strong> the site, the Board may, at its discretion,<br />

reduce the required number <strong>of</strong> replacement trees. In support <strong>of</strong> such a claim, the applicant shall<br />

submit written cost estimates from three sources for Board review. Replacement trees required in<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-20


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

accordance with this section are specifically excluded from such estimates. Each estimate shall<br />

include the species, size, number and price <strong>of</strong> the replacement trees. No reduction in the required<br />

number <strong>of</strong> replacements trees shall exceed ½ <strong>of</strong> the original number <strong>of</strong> replacement trees required<br />

by the formula in this section. No reductions will be granted as to the number <strong>of</strong> replacement<br />

trees required by Table B.<br />

G. Regulations pertaining to delineation <strong>of</strong> clearing limits.<br />

(1) The clearing limits shown on the replacement plan shall be fully established prior to the<br />

cutting <strong>of</strong> permitted forest acreage and shall be defined by snow fencing firmly secured along the<br />

dripline but not less than six (6) feet from the trunk <strong>of</strong> the remaining trees. In a like manner,<br />

specimen trees and isolated groupings <strong>of</strong> trees which are to remain on the site shall be clearly<br />

protected by snow fencing or an equally visible and protective device installed along the dripline<br />

<strong>of</strong> the tree(s) but not less than six feet from the tree trunk(s).<br />

(2) The grade <strong>of</strong> the land located along the dripline shall not be raised or lowered more than<br />

six inches, unless compensated by welling or retaining wall methods, and in no event shall the<br />

welling or retaining wall methods be less than six (6) feet from the trunk <strong>of</strong> the tree.<br />

(3) No soil stockpiling, storage <strong>of</strong> building materials or equipment operation shall be<br />

permitted within the dripline or within six (6) feet <strong>of</strong> any remaining trees, whichever is greater.<br />

(4) Any clearing within the dripline or within six (6) feet <strong>of</strong> the trunk <strong>of</strong> a remaining tree<br />

must be done by hand or with hand-operated equipment.<br />

(5) Where clearing and/or construction on the site results in accidental removal or severe<br />

damage which will eventually result in death and removal <strong>of</strong> any tree delineated in the<br />

replacement plan as remaining on the site, such removed or damaged tree shall be replaced on a<br />

one-for-one bases (using trees with a minimum DBH <strong>of</strong> 2-1/2 inches) for accidentally removed or<br />

damaged trees which have a DBH from six (6) inches to less than sixteen (16) inches. The<br />

species or type <strong>of</strong> replacement trees shall be selected from a list maintained by the Environmental<br />

Commission or shall be the same as the species removed from the tract under consideration.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-21


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Conservation <strong>of</strong> Forests and Trees<br />

H. Regulations pertaining to clear-cutting. No clear-cutting is permitted except in<br />

conjunction with subdivision or site plan approval in accordance with the provisions <strong>of</strong> this<br />

chapter.<br />

(1) The Board may refer the application to the Environmental Commission for its report and<br />

recommendations. The Board may rely on the report and recommendations <strong>of</strong> the Environmental<br />

Commission in reaching its decision to approve the replacement plan, disapprove the replacement<br />

plan or subject the replacement plan to such conditions as have been recommended by the<br />

Environmental Commission in accordance with the provisions <strong>of</strong> this section.<br />

(2) No approval shall be granted by the Board if the Board finds that the proposed removal or<br />

destruction is contrary to the best interest <strong>of</strong> the public health, safety or general welfare.<br />

I. Change in tree save and replacement plan. Any substantial change in a tree save and<br />

replacement plan shall necessitate the submission <strong>of</strong> a revised plan to the Board for review and<br />

approval.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-22


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

COMMUNITY DESIGN<br />

ARTICLE VII, Design Standards, is hereby amended to include the following community design<br />

standards for the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>. (New text is underlined)<br />

Community design.<br />

A. Purpose. Community design is the organization and coordination <strong>of</strong> the different<br />

elements <strong>of</strong> the <strong>City</strong>'s built and natural environment to achieve a unified, functional, efficient, and<br />

visually appealing physical setting. The design, orientation, form, and relationship <strong>of</strong> buildings,<br />

landscaping, signage, lighting, streets, open spaces, and parking to meet the public need for a well<br />

ordered community are basic considerations <strong>of</strong> community design. To direct community design,<br />

the <strong>City</strong>'s development regulations includes these design standards to maintain, establish, or<br />

improve the visual qualities and amenities <strong>of</strong> the <strong>City</strong> and provide for orderly, safe, efficient, and<br />

convenient design within the <strong>City</strong>. The purpose <strong>of</strong> the community design standards is to guide<br />

the appropriate use and development <strong>of</strong> lands in order to promote the public safety and general<br />

welfare; to encourage the location and design <strong>of</strong> transportation routes to promote the free flow <strong>of</strong><br />

traffic; and to promote a desirable visual environment through good civic design and<br />

arrangement. These provisions for community design shall supplement and be applied in<br />

conjunction with other design standards and provisions <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong> <strong>Land</strong> <strong>Use</strong><br />

<strong>Ordinance</strong> to guide the layout and design <strong>of</strong> development in the <strong>City</strong>.<br />

B. Applicability. All tracts that are the subject <strong>of</strong> an application for subdivision, site plan,<br />

conditional use, or use variance approval shall be subject to the standards set forth in this section.<br />

The illustrations included with the community design standards are intended to further the<br />

understanding <strong>of</strong> the application and the purpose <strong>of</strong> the design standards. The illustrations,<br />

however, do not supersede the written text <strong>of</strong> these regulations.<br />

C. Building design and placement. The following requirements are for non-residential and<br />

attached residential buildings.<br />

(1) Front Entrance. Buildings should orient towards the street with front entrances and<br />

windows facing the street. For commercial, industrial, mixed use, public and institutional<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-23


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

buildings, the “front entrance” is the main public entrance to the building. In the case where no<br />

public entrance exists, road connections shall be provided to the main employee entrance.<br />

For multifamily buildings in which each unit does not have its exterior entrance, the “front<br />

entrance” may be a lobby, courtyard or breezeway that serves as a common entrance for more<br />

than one dwelling. For detached residential buildings, the “front entrance” is the front door (i.e.,<br />

facing the road).<br />

Non-residential buildings shall have a front entrance for pedestrians from the street-side <strong>of</strong> the<br />

building to the building interior. This entrance shall be designed to be attractive and functionally<br />

be a distinctive and prominent element <strong>of</strong> the architectural design. For buildings that are open to<br />

the public, this entrance shall be open to the public during business hours. Buildings shall<br />

incorporate lighting and changes in mass, surface or finish to give emphasis to their front<br />

entrances.<br />

D. Drive-thru facilities. Drive-thru facilities shall only be located at the rear or side <strong>of</strong> a<br />

building and screened from view from any street or sidewalk. A drive-thru shall be located and<br />

designed to meet the following requirements:<br />

(1) The drive thru facility shall be screened to minimize visual and noise impacts to<br />

residences and to preclude visibility from any streets or sidewalks. The screen may be a masonry<br />

wall or landscape buffer or combination <strong>of</strong> wall and landscaping. The screen shall be at least one<br />

foot higher than the facilities being screened.<br />

(2) No portion <strong>of</strong> queuing or access lanes or driveways shall be located between the building<br />

elevation facing the street and the street or within forty (40) feet from the primary façade <strong>of</strong> the<br />

building.<br />

(3) For corner lots, the drive-thru shall be located on the side <strong>of</strong> the building that is furthest<br />

from the corner.<br />

E. Fences, service and loading areas, and mechanical equipment.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-24


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(1) Front yard fencing. Chain link fencing is discouraged in any yard facing a street.<br />

(2) Service and loading areas. Loading docks, truck parking, outdoor storage, utility meters,<br />

HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be<br />

incorporated into the overall design <strong>of</strong> the primary building using screening walls <strong>of</strong> compatible<br />

material, style, color, texture, pattern, trim, and details and landscaping. The wall shall be one (1)<br />

foot higher than the largest object being screened, but not more than ten (10) feet high, on all<br />

sides where access is not needed. An opaque gate, with the same height as the wall, shall be<br />

included where access is needed. Enclosures should not be visible from any street or sidewalk.<br />

The maximum height in the screening requirement takes into account the height <strong>of</strong> a semi tractortrailer.<br />

If such trucks will not be making deliveries or staging in this area, the recommendation<br />

for maximum height may be lowered to eight feet, at the discretion <strong>of</strong> the Planning Board.<br />

(3) Mechanical equipment. Mechanical equipment at ground level shall be placed on the<br />

parking lot side <strong>of</strong> the building away from view from any streets and sidewalks and shall be<br />

screened from view by fencing, vegetation, or by being incorporated into a building utilizing the<br />

same materials as the principal building, i.e., stone, brick or stucco. The screening shall be at least<br />

equal to the width and height <strong>of</strong> the equipment to be screened from view.<br />

F. Access. Adjacent shopping centers or <strong>of</strong>fice parks are <strong>of</strong>ten not directly connected. As a<br />

result, customers or clients who wish to shop in both centers or visit both sites, must exit the<br />

parking lot <strong>of</strong> one, travel a short distance on a major thoroughfare, and then access the next site.<br />

A cross access easement reduces traffic on the major thoroughfare and reduces safety hazards.<br />

This in turn, can have positive business benefits by providing easy access to one site from<br />

another. The purpose <strong>of</strong> these access regulations is to promote shared access and cross access<br />

arrangements for the convenient, orderly, and safe movement <strong>of</strong> pedestrians and vehicles.<br />

(1) Joint use driveways and cross access easements. A system <strong>of</strong> joint use driveways and<br />

cross access easements should be established wherever feasible and the building site should<br />

incorporate the following:<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-25


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(a) A continuous service drive or cross access extending the entire length <strong>of</strong> each<br />

parcel served to provide for driveway separation. Along a State highway, the driveway<br />

separation shall be consistent with the State access management classification system and<br />

standards.<br />

(b) Stub-outs and other design features to make it visually obvious that the abutting<br />

properties may be tied in to provide cross access via a service drive.<br />

(c) A unified access and circulation system plan that includes coordinated or shared<br />

parking areas is encouraged wherever feasible.<br />

(2) Access for out parcels and phased development plans. The design <strong>of</strong> good internal<br />

vehicle circulation in parking areas and on local streets reduces the number <strong>of</strong> driveways that<br />

businesses need for access to the major roadway. Requiring a unified access and circulation plan<br />

will ensure long term coordination regardless <strong>of</strong> a change in owners and tenants. In the interest <strong>of</strong><br />

promoting unified access and circulation systems, development sites under the same ownership or<br />

consolidated for the purposes <strong>of</strong> development and comprised <strong>of</strong> more than one building site<br />

should not be considered separate properties in relation to the access standards <strong>of</strong> this code. The<br />

number <strong>of</strong> connections permitted shall be the minimum number necessary to provide reasonable<br />

access to these properties, not the maximum permitted for that frontage. All necessary<br />

easements, agreements, and stipulations required for joint use driveways and cross access<br />

easements shall be met. This shall also apply to phased development plans.<br />

All access to out parcels must be internalized using the shared circulation system <strong>of</strong> the principal<br />

development. Access to out parcels shall be designed to avoid excessive movement across<br />

parking aisles and queuing across surrounding parking and driving aisles.<br />

G. Pedestrian access and circulation. To support multi-modal transportation options,<br />

pedestrian access and circulation is as important as vehicle access and circulation. The basic<br />

pedestrian network is the sidewalk system along public and private roads. This section expands<br />

that network by establishing connections to pedestrian pathways that are internal to development<br />

projects. The purpose and intent <strong>of</strong> this section is to provide opportunities for alternative modes<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-26


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

<strong>of</strong> transportation by connecting existing and future public transportation routes and pedestrian and<br />

bicycle pathways within the <strong>City</strong> to provide safe passage from residential areas and the public<br />

right-<strong>of</strong>-way to activity generators and destination buildings. This section is applicable to parcels<br />

within areas that generate or promote pedestrian activity and movement. Such areas include, but<br />

are not necessarily limited to, the central business district, park and recreational facilities,<br />

schools, public library, shopping centers, multimodal trails, and areas served by public<br />

transportation. The <strong>City</strong> should consider the existing and the planned development pattern, as<br />

prescribed by the <strong>City</strong> Master Plan, to identify areas that generate pedestrian or bicycle activity.<br />

(1) Pathways shall connect all primary building entrances to one another.<br />

(2) Pathways shall extend throughout the development site and connect all primary building<br />

entrances, surrounding streets, external sidewalks, adjacent trails, transit stops, parking areas,<br />

recreational facilities and common areas, out-parcels, future phases <strong>of</strong> development, and adjacent<br />

developments to the site, as applicable. Shared pedestrian walkways are encouraged between<br />

adjacent projects. An applicant may also be required to connect or stub pathway(s) to adjacent<br />

roads and private property.<br />

(3) Pathways within developments shall provide reasonably direct and safe connections.<br />

(4) Pathways shall comply with the New Jersey State Barrier-Free Access Code and the<br />

Americans with Disabilities Act, which requires accessible routes <strong>of</strong> travel. In addition, all<br />

pathways used to comply with these standards shall conform to all the following criteria:<br />

(a) Pathway surfaces and multi-use paths shall be concrete, colored concrete,<br />

stamped pattern concrete asphalt, brick/masonry pavers or other durable surfaces.<br />

(b) Pedestrian walkways shall be a minimum <strong>of</strong> five feet wide. Multi-use paths (i.e.,<br />

for bicycle and pedestrians) shall be a minimum <strong>of</strong> 10 feet wide within a 20-foot wide<br />

right-<strong>of</strong>-way or easement that allows access for emergency vehicles. Stairs or switchback<br />

paths using a narrower right-<strong>of</strong>-way/easement may be required in lieu <strong>of</strong> a multi-use<br />

pathway where grades are steep.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-27


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(c)<br />

If the roads within the subdivision or neighborhood are lighted, the pathways<br />

shall also be lighted.<br />

(d) Where pathways are parallel and adjacent to a driveway or road (public or<br />

private), they shall be raised six inches and curbed, or separated from the driveway/road<br />

by a five (5) foot minimum strip within bollards, a landscape berm or other physical<br />

barrier. If a raised path is used, the ends <strong>of</strong> raised portions must be equipped with curb<br />

ramps.<br />

(5) Pedestrian pathway shall be separated a minimum <strong>of</strong> five (5) feet from all residential<br />

living areas on the ground floor, except at building entrances. Separation is measured from the<br />

pathway edge to the closest dwelling unit. No pathway/building separation is required for<br />

commercial, industrial, public, or institutional uses.<br />

(6) Crosswalks shall be designed and coordinated to move people safely to and from<br />

buildings and parking areas. Where pathways cross a parking area, driveways or road, they shall<br />

be clearly marked with contrasting paving material, humps, raised crossing or painted striping. If<br />

painted striping is used, it shall consist <strong>of</strong> thermo-plastic striping or similar type <strong>of</strong> durable<br />

application.<br />

H. Shared parking. Two (2) or more owners or operators <strong>of</strong> adjacent parcels requiring <strong>of</strong>fstreet<br />

parking facilities may make collective provision for such facilities. The Planning Board<br />

may approve shared parking facilities for developments or uses with different operating hours or<br />

different peak business periods if the shared parking complies with the all <strong>of</strong> following standards.<br />

(1) Required parking spaces reserved for persons with disabilities shall not be located <strong>of</strong>fsite.<br />

(2) Shared parking spaces must be located within six-hundred (600) feet <strong>of</strong> the primary<br />

entrance <strong>of</strong> all uses served. Required parking spaces reserved for persons with disabilities shall<br />

meet all requirements <strong>of</strong> the New Jersey State Barrier-Free Access Code.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-28


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(3) Shared parking areas for uses located in a nonresidential district shall not be located in<br />

any residential district.<br />

(4) Those wishing to use shared parking as a means <strong>of</strong> satisfying <strong>of</strong>f-street parking<br />

requirements must submit a shared parking analysis to the Planning Board that clearly<br />

demonstrates to the satisfaction <strong>of</strong> Board the feasibility <strong>of</strong> the proposed shared parking<br />

arrangement. The study must address, at a minimum, the size and type <strong>of</strong> the proposed<br />

development, the composition <strong>of</strong> tenants, the anticipated rate <strong>of</strong> parking turnover and the<br />

anticipated peak parking and traffic loads for all uses that will be sharing <strong>of</strong>f-street parking<br />

spaces.<br />

(5) A shared parking plan shall be enforced through written agreement among all owners <strong>of</strong><br />

record. The owner <strong>of</strong> the shared parking area shall enter into a written agreement with the <strong>City</strong><br />

providing that the land comprising the parking area shall never be disposed <strong>of</strong> except in<br />

conjunction with the sale <strong>of</strong> the building which the parking area serves so long as the facilities are<br />

required; and that the owner agrees to bear the expense <strong>of</strong> recording the agreement and such<br />

agreement shall bind his or her heirs, successors, and assigns. An attested copy <strong>of</strong> the agreement<br />

between the owners <strong>of</strong> record shall be submitted to the <strong>City</strong> Clerk and to the <strong>City</strong> Planning Board.<br />

Recordation <strong>of</strong> the agreement must take place before issuance <strong>of</strong> a building permit or certificate<br />

<strong>of</strong> occupancy for any use to be served by the shared parking area. A shared parking agreement<br />

may be revoked only if all required <strong>of</strong>f-street parking spaces will be provided on-site in<br />

accordance with the <strong>of</strong>f-street parking schedules <strong>of</strong> the <strong>City</strong> land use ordinance. The written<br />

agreement shall be voided by the <strong>City</strong> if other <strong>of</strong>f-street facilities are provided in accord with<br />

these zoning regulations.<br />

(6) When the uses subject to a shared parking agreement change, it shall be considered a<br />

substantial change to the terms <strong>of</strong> development approval and the Planning Board shall have the<br />

authority to require submission <strong>of</strong> a revised shared parking study and a new shared parking<br />

agreement in the event the revised shared parking study indicates additional parking is required.<br />

I. Bicycle parking facilities. Inadequate facilities and fear <strong>of</strong> theft are major deterrents to<br />

bicycle transportation. Bicycle parking and storage are important ways to provide convenience<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-29


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

and security for bicyclists at important community destinations. In order to enhance multi-modal<br />

transportation opportunities, the following standards for bicycle parking shall be met with the<br />

exception <strong>of</strong> single-family, two-family, three-family and four-family housing (attached, detached<br />

or manufactured housing), home occupations, agriculture and livestock uses, or other<br />

developments with fewer than 10 vehicle parking spaces.<br />

(1) Number <strong>of</strong> Bicycle Parking Spaces. A minimum <strong>of</strong> two (2) bicycle parking spaces per<br />

use is required for all uses with greater than ten (10) vehicle parking spaces. The following<br />

additional standards apply to specific types <strong>of</strong> development:<br />

(a) Every residential use <strong>of</strong> four (4) or more dwelling units shall provide at least one<br />

sheltered bicycle parking space for each dwelling unit. Bicycle parking shall have a longterm<br />

design. Residential bicycle parking spaces may be located within a garage, storage<br />

shed, basement, utility room or similar area.<br />

(b) All public and commercial parking lots and parking structures shall provide a<br />

minimum <strong>of</strong> one bicycle parking space for every ten (10) motor vehicle parking spaces.<br />

All bicycle parking shall have a long-term design.<br />

(c) Elementary and middle schools, both private and public, shall provide one<br />

bicycle parking space for every ten (10) students and employees. High schools shall<br />

provide one bicycle parking space for every five (5) students and employees. All school<br />

bicycle parking shall have a long-term design.<br />

(d) Colleges and trade schools shall provide one bicycle parking space for every 10<br />

motor vehicle spaces plus one space for every dormitory unit. Fifty percent <strong>of</strong> bicycle<br />

parking shall have a long-term design; fifty percent short-term design.<br />

(e) For buildings with multiple uses (such as a commercial or mixed use center),<br />

bicycle parking standards shall be calculated by using the total number <strong>of</strong> motor vehicle<br />

parking spaces required for the entire development. A minimum <strong>of</strong> one bicycle parking<br />

space for every 10 motor vehicle parking spaces is required. Fifty percent <strong>of</strong> bicycle<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-30


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

parking shall have a long-term design; fifty percent short-term design as defined in the<br />

following Section.<br />

(2) Short term design <strong>of</strong> bicycle parking facility. Short-term design <strong>of</strong> bicycle parking<br />

facilities shall be high-quality, inverted “U”- type construction. The Planning Board may<br />

approve alternative high-quality bicycle parking facilities if they can be shown to:<br />

(a)<br />

Provide adequate theft protection and security; and<br />

(b) Support the bicycle at two points <strong>of</strong> contact to prevent damage to the bicycle<br />

wheels and frame.<br />

(3) Long-term design <strong>of</strong> bicycle parking facility. In addition to the requirements <strong>of</strong> shortterm<br />

design, the bicycle parking spaces for long term parking shall be sheltered from sun and<br />

precipitation under an eave, overhang, an independent structure or similar cover. Bicycle parking<br />

requirements for long-term and employee parking may be met by providing a bicycle storage<br />

room, bicycle lockers, racks, or other secure storage space inside or outside <strong>of</strong> the building. The<br />

Planning Board may approve alternative measures if they meet the intents for visibility, security<br />

and weather protection.<br />

(4) Bicycle parking facilities shall be located with easy access, near main building entrances,<br />

in areas with natural surveillance. Bicycle parking facilities shall be conveniently located with<br />

respect to both the road right-<strong>of</strong>-way and at least one building entrance (e.g., No farther away<br />

than the closest vehicle parking space).<br />

(5) It is encouraged that bicycle parking facilities are incorporated whenever possible into<br />

building design and coordinated with the design <strong>of</strong> street furniture when it is provided.<br />

(6) Bicycle parking should be located in areas that are close to lighting fixtures on the parcel.<br />

(7) Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle<br />

parking only.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-31


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(8) Bicycle parking shall not interfere with pedestrian passage, and shall not create a hazard<br />

to pedestrians. Parking areas shall be located so as to not conflict with vehicle clear sight<br />

triangles.<br />

J. Reverse frontage requirement for residential lots. Subdivision and site plan design should<br />

be arranged so that residential lots abut and have direct driveway access from minor streets, local<br />

streets, or minor collector streets. Residential lots abutting higher volume streets should be<br />

designed as reverse frontage lots with a landscaped buffer at least twenty-five (25) feet in width<br />

along the property line along the higher volume street. The minimum yard requirement from the<br />

higher order street shall be increased twenty-five (25) feet and the lot shall be designed with<br />

greater depth or width, as applicable, to provided the space for the buffer. If the buffer is planned<br />

as a separate open space lot to be held in common ownership, then the minimum yard required for<br />

the residential lot shall be measured from the buffer strip lot line. A deed restriction shall be<br />

provided for the lot to preclude any future direct vehicular access from the higher volume street.<br />

Any driveway on a residential lot which is permitted to take access to a higher volume street shall<br />

be designed to permit a "K" turn movement to allow a vehicle to exit the lot without backing into<br />

the higher order street.<br />

K. Outdoor storage areas. Outdoor storage areas for the storage and sale <strong>of</strong> seasonal<br />

inventory should be permanently defined and screened with walls and/or fences. Materials,<br />

colors, trim, details and designs <strong>of</strong> screening walls and/or fences and the cover should conform to<br />

those used as predominant materials and colors <strong>of</strong> the building. If such areas are to be covered,<br />

then the covering should conform to those used as predominant materials and colors on the<br />

buildings.<br />

L. Stormwater Design Strategy. To the maximum extent possible, the design <strong>of</strong><br />

development shall rely upon a natural strategy for stormwater management that emphasizes the<br />

use <strong>of</strong> nonstructural measures. To that end, development design shall be arranged to preserve the<br />

significant natural features <strong>of</strong> the site, avoid areas <strong>of</strong> environmental sensitivity, and minimize<br />

negative impacts. Design shall be arranged to protect natural drainage features and vegetation;<br />

minimize land disturbance from clearing and grading; minimize soil compaction; reduce the use<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-32


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

<strong>of</strong> stormwater management basins; promote the use <strong>of</strong> vegetated open-channel drainage systems<br />

that discharge into and through stable vegetated areas; and minimize impervious surfaces. An<br />

application for development shall identify the nonstructural measures for stormwater management<br />

that have been incorporated into the design. If the applicant contends that it is not feasible to rely<br />

primarily upon a natural strategy and nonstructural measures for stormwater management, the<br />

applicant shall be required to substantiate that contention to the satisfaction <strong>of</strong> the Planning<br />

Board.<br />

(1) No stormwater management basin which requires a fence shall be located in a front yard.<br />

A stormwater management basin that is two (2) feet or less in depth shall not be required to be<br />

fenced.<br />

(2) Stormwater management ponds and/or depressions, where permitted, shall be designed<br />

and utilized as site amenities to enhance the visual environment. Subject to the requirements <strong>of</strong><br />

other governmental agencies, and a consideration <strong>of</strong> safety related issues, stormwater facilities<br />

that are located in the front <strong>of</strong> a property should be prohibited from having fencing. If fencing is<br />

required, a green or black vinyl/painted finish shall be provided. Any walls or railings for<br />

structured stormwater ‘boxes’ must be decorative. Fenced or walled ponds shall not count toward<br />

open space requirements within a project and shall only be located at the side or rear <strong>of</strong> a site.<br />

Maximum Fence Height shall be no more than four (4) feet.<br />

(3) Wet stormwater detention/retention facilities adjacent to public streets or open to public<br />

view shall include a water feature such as a fountain or spray jet, and shall be landscaped<br />

appropriately.<br />

(4) Detention/Retention if permitted along the front <strong>of</strong> a property shall be designed with<br />

curvilinear edges – not as a straight ‘box’ and shall be attractively landscaped.<br />

(5) Stormwater detention areas, where permitted, shall be planted with suitable ground cover,<br />

and unless maintained as an open lawn swale, shall be attractively landscaped to screen the view.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-33


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

M. External site lighting. Commercial buildings and projects, including their outparcels,<br />

shall be designed to provide safe, convenient and efficient lighting for pedestrians and vehicles.<br />

Lighting shall be designed in a consistent and coordinated manner for the entire project. Lighting<br />

shall be used to accent key architectural elements and/or to emphasize landscape features, and<br />

shall be designed and installed to avoid the creation <strong>of</strong> hot spots, glare or a nuisance.<br />

(1) Light fixtures shall be designed as an integral design element that complements the<br />

design <strong>of</strong> the project through style, material or color. All light poles and fixtures shall be black,<br />

dark green or some similarly dark color that is consistent with the architectural design scheme <strong>of</strong><br />

the property. Lighting <strong>of</strong> on-site buildings shall be limited to wall-washer type fixtures or uplights,<br />

which do not produce spillover lighting or glare. Site lighting shall not incorporate<br />

floodlight fixtures mounted on building walls, ro<strong>of</strong>s, or poles.<br />

(2) To provide cohesiveness and uniformity, a lighting plan shall be submitted as part <strong>of</strong> an<br />

application for site plan approval.<br />

(3) Lighting intensities for ATM machines shall comply with New Jersey Statutes.<br />

(4) Lighting intensities shall be designed as recommended by the most recent edition <strong>of</strong> the<br />

Illuminating Engineering Society (IES) <strong>of</strong> North America’s IES Lighting Handbook.<br />

(5) A light fixture (the pole and light source/luminary) shall be a maximum <strong>of</strong> thirty (30) feet<br />

in height within any parking lot, and a maximum <strong>of</strong> sixteen (16) feet in height within any nonvehicular<br />

pedestrian area (with height being measured from the finished grade to the top <strong>of</strong> the<br />

light fixture).<br />

(6) At service stations and convenience centers, lighting under awnings, canopies, portecocheres,<br />

etc., should be recessed. If not recessed, the box type or other lighting fixture shall be<br />

opaque on all sides (no light shall emanate from any side <strong>of</strong> the fixture). Additionally, the<br />

following lighting standards shall apply:<br />

(a)<br />

The light source shall be metal halide (a maximum <strong>of</strong> 250 watts) or fluorescent.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-34


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(b)<br />

The metal halide shall be phosphor coated when used with a clear flat glass lens,<br />

or may be clear when used with a diffused flat glass lens; and<br />

(c) The maximum foot-candle level shall be 30 fc (average maintained maximum) –<br />

see the IES Lighting Handbook, most recent edition.<br />

(7) Illumination levels at the property line shall range between a minimum <strong>of</strong> 0.0 fc and a<br />

maximum <strong>of</strong> 1.0 fc, with as close to 0.0 fc as reasonably feasible when lighting is located next to<br />

residential. To keep light rays and glare from encroaching onto adjacent properties, illumination<br />

shall be installed with house-side shields and reflectors, and shall be maintained in such a manner<br />

as to confine light rays to the premises.<br />

(8) All parking areas, pedestrian walkways, bikeways, loading/service and other areas shall,<br />

to the extent applicable, shall conform to the requirements stated above.<br />

(9) Parking area lighting.<br />

(a)<br />

Parking area lighting shall be shielded from adjacent properties by utilizing flat<br />

glass lenses, houseside shields, and “NEMA” Type II, III, and IV reflectors.<br />

(b) Decorative acorn-type fixtures shall not exceed eighteen feet (18’) in height and<br />

two hundred fifty (250) watts per bulb, and shall have a textured clear lens/globe,<br />

frosted/phosphor coated bulbs, and an internal optical system.<br />

(10) Lighting for pedestrian walkways and bikeways. Lighting along pedestrian walkways<br />

and bikeways shall be decorative in appearance, style and finish. Selected luminaries shall have<br />

the lamp source shielded from view. Translucent diffusers may be an acceptable substitute to<br />

avoid visual glare and brightness.<br />

Appended Illustrations<br />

Access Design Illustration<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-35


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

Access Design for Out Parcels<br />

Shared Parking Design<br />

Pedestrian Access and Circulation Design<br />

Pedestrian, Lighting, and Parking Lot <strong>Land</strong>scape Illustration<br />

LANDSCAPING<br />

ARTICLE VII, Design Standards, § 300-73, Buffers, shade trees, and landscaping, is hereby<br />

amended and supplemented as follows to include the following design standards for buffers,<br />

shade trees, and landscaping in the <strong>City</strong> <strong>of</strong> <strong>Vineland</strong>. (New text is underlined. Text to be deleted<br />

is struck through)<br />

§300-73. Buffers, screening, shade trees, and landscaping.<br />

A. through C. No change<br />

D. Buffers.<br />

(1) No change<br />

(2) Side and rear buffers which abut a residential use or residential zone shall be a minimum <strong>of</strong><br />

ten (10) twenty-five (25) feet in width for all developments which require site plan approval<br />

except as modified below in the R-1, R-P, B-1, and R-B-1 and R-B-2 Zones to screen<br />

commercial or industrial activities which abut a residential use or residential zone.<br />

(3) No change<br />

(4) Front buffer strips at least ten (10) feet wide shall be provided for all developments which<br />

require site plan approval and in residential development on street frontage designed as<br />

reverse frontage. No parking or paving shall be permitted within the front buffer strip.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-36


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

Sidewalks shall only be permitted within the front buffer strip in the B-1 zone only. Front<br />

buffer strips shall be provided in accordance with the following provisions:<br />

(a) A twenty-five (25) foot landscape buffer shall be required along all public streets<br />

classified as a major or minor arterial or a major or minor collector street. A fifteen (15)<br />

landscape buffer shall be required along all other public streets. The landscape buffer<br />

shall include canopy trees and groundcover and understory and shrubs and must follow<br />

the standards provided herein.<br />

(b) Not less than one canopy tree with a diameter breast height (DBH) at planting <strong>of</strong><br />

two and one half inches (2 1/2") shall be provided for every fifty feet (50') <strong>of</strong> street<br />

frontage.<br />

(c)<br />

All planted shrub and groundcover areas shall achieve a hundred (100) percent<br />

coverage <strong>of</strong> their planting area within one (1) year.<br />

(d) The twenty-five (25)-foot buffer along public streets may include a berm ranging<br />

in height from one (1) to two (2) feet, maintaining a two (2)-foot height for at least forty<br />

(40) percent <strong>of</strong> the overall length. The course and base <strong>of</strong> the berm shall meander where<br />

possible and have side slopes no greater than 4:1.<br />

(e)<br />

buffer.<br />

Loading, service, or dumpsters areas or similar items shall not be placed in any<br />

(f) Hedge, shrub and groundcover landscaped areas should be planted to achieve one<br />

hundred (100) percent coverage <strong>of</strong> the planting area within one year <strong>of</strong> installation. All<br />

continuous shrub hedges shall be installed at a minimum <strong>of</strong> twenty (24) inches in overall<br />

height and maintained at a height <strong>of</strong> thirty six (36) inches to forty two (42) inches and<br />

one hundred (100) percent opacity within one (1)year <strong>of</strong> planting. Determination <strong>of</strong><br />

spacing should be considered as follows.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-37


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

[i] Hedge/Shrubs: three gallon, container grown, planted 36” on center<br />

maximum spacing. Plant count at 36” triangular spacing equals Planting Area<br />

sq.ft. x .129 = total number <strong>of</strong> plants.<br />

[ii] Groundcovers: one gallon, container grown, planted 24” on center<br />

maximum spacing. Plant count at 24” triangular spacing equals Planting Area<br />

sq.ft. x .290 = total number <strong>of</strong> plants.<br />

(5) No change<br />

(6) Parking areas which provide two hundred (200) fifty (50) or more or more parking spaces<br />

shall use at least five percent (5%) <strong>of</strong> the land within said areas for divider strips or islands in<br />

order to alleviate an otherwise barren expanse <strong>of</strong> paved area open space and to provide locations<br />

for the required on-site shade trees. Parking lots shall be planted with trees at a rate <strong>of</strong> at least<br />

one (1) tree per twelve (12) spaces. Parking shall not extend more than twelve (12) spaces<br />

without a tree island break. At time <strong>of</strong> parking lot construction and planter installation, all planter<br />

islands shall be excavated to the full width <strong>of</strong> the parking planter island and through the full depth<br />

<strong>of</strong> compacted subgrade to remove all compacted material, limerock or other material harmful to<br />

plant health, and backfilled with clean planting fill.<br />

(7) Divider strips located between rows <strong>of</strong> parking spaces shall be at least seven and half (7 1/2)<br />

ten feet (10) feet wide in order to accommodate car overhang and allow for adequate planting<br />

space passage between bumpers.<br />

E. Screening.<br />

(1) through (5) No change<br />

F. Shade trees.<br />

(1) No change<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-38


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Design Standards for Community Design<br />

(2) Within the parking area <strong>of</strong> a commercial or industrial site, one (1) shade tree for each twentyfive<br />

(25) twelve (12) parking spaces shall be provided.<br />

(3) through (10) No change<br />

(11) Deciduous trees shall have a caliper at breast height <strong>of</strong> at least one and three fourths (1<br />

3/4) two and one half (2 1/2) inches at the time <strong>of</strong> planting.<br />

G. <strong>Land</strong>scaping.<br />

(1) through (5) No change<br />

(6) Pedestrian walkways shall be landscaped with additional shade or ornamental trees equal<br />

to an average <strong>of</strong> one (1) shade tree per fifty (50) linear feet <strong>of</strong> walkway, unless the walkway is<br />

adjacent or included within an existing compliant buffer. One (1) shade tree shall be planted for<br />

each two-hundred (200) square feet <strong>of</strong> separate additional landscaped area.<br />

(7) All landscaped areas shall be designed, installed and maintained at a high level <strong>of</strong> quality,<br />

following best management practices for landscaping. <strong>Land</strong>scaped areas shall include all areas <strong>of</strong><br />

the site that are to be planted with groundcover, shrubs, trees, or flowers, or any combination <strong>of</strong><br />

plant material. All landscaped areas to be planted pursuant to an approved landscape plan <strong>of</strong> a site<br />

plan for nonresidential development and for multifamily residential development, shall have<br />

100% irrigated coverage. All landscaped areas shall be irrigated with a timed, automatic<br />

underground system utilizing pop-up heads and/or tree bubblers and providing coverage <strong>of</strong> not<br />

more than one and one half (1½) inches <strong>of</strong> water per week. The automatic irrigation system shall<br />

include a rain gauge or other water saving features to minimize wasted water. Broken lines or<br />

damaged spray heads shall be repaired to minimize wasted water.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment Revised 05~28~08 ~ Design Standards.doc<br />

D-39


E. SUBDIVISION AND<br />

SITE PLAN DETAILS


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Subdivision and Site Plan Details<br />

SUBDIVISION AND SITE PLAN DETAILS<br />

ARTICLE VI, Subdivision and Site Plan Review and Approval, §300-60, Subdivision plat details<br />

and other required data, is hereby amended and supplemented as to the following requirements:<br />

New text is underlined. Text to be deleted is struck through.<br />

§300-60. Subdivision plat details and other required data.<br />

A. Minor subdivision or resubdivision plats shall:<br />

(1) through (16) No change.<br />

(17) Show any stream corridors.<br />

(18) Show any wellhead protection area and identify any best management practices for<br />

wellhead protection, if applicable.<br />

(19) Show any area <strong>of</strong> special flood hazard and any floodway.<br />

(20) Show any wetlands or wetland transition areas.<br />

(21) Show and identify the developable land area <strong>of</strong> each lot.<br />

(22) Show a schedule <strong>of</strong> zone district area, yard, and bulk requirements and identify any<br />

variance requested from the zone district requirements.<br />

(23) Provide copies <strong>of</strong> any existing or proposed deed restrictions or covenants.<br />

B. Major subdivision preliminary plats shall:<br />

(1) through (34) No change<br />

Add to (35)<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment ~ SubdivisionandSitePlanReview 05~28~08.doc<br />

E-1


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Subdivision and Site Plan Details<br />

(35) .....Identify the forest acreage to be removed and provide a forest retention and tree<br />

replacement plan, where applicable.<br />

(36) Provide a list <strong>of</strong> any design waivers or exceptions requested from <strong>City</strong> development<br />

regulations.<br />

(37) Provide a landscaping plan showing any proposed landscape areas, including buffer<br />

areas; show the number, size, species, and location <strong>of</strong> proposed plantings; planting details; and<br />

proposed means <strong>of</strong> irrigation.<br />

(38) For residential cluster development or residential development based on lot size<br />

averaging, provide a lot yield map showing the number <strong>of</strong> lots permitted under conventional<br />

zoning and the number <strong>of</strong> lots proposed, and identify any variances or design exceptions<br />

necessary to achieve the yield under conventional zoning standards.<br />

(39) For residential development subject to the New Jersey Residential Site Improvement<br />

Standards (RSIS) , provide a certification <strong>of</strong> the design engineer, architect, planner, surveyor, as<br />

applicable, <strong>of</strong> conformance <strong>of</strong> the plan and details to RSIS; identify any requested design waivers<br />

from RSIS; identify any requested deminimis exceptions from RSIS, and identify any<br />

improvements proposed to exceed RSIS.<br />

C. Major subdivision final plats shall:<br />

(1) through (6) No change<br />

§300-61. Site plan details and other required data.<br />

A. Minor site plans shall show the proposed improvements, alterations, or change <strong>of</strong> use on a<br />

site. The minor site plan shall:<br />

(1) through (11) No change<br />

Amend (12)<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment ~ SubdivisionandSitePlanReview 05~28~08.doc<br />

E-2


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Subdivision and Site Plan Details<br />

(12) “....all structures within 150 feet <strong>of</strong> the land to be developed.”<br />

(13) through (26) No change.<br />

Add to (27)<br />

(27) Provide a site lighting plan showing the location, height above grade, type <strong>of</strong> illumination,<br />

type <strong>of</strong> fixture, the source lumens, and the luminous area for each source <strong>of</strong> light proposed.<br />

(28 through (33) No change.<br />

(34) Show any stream corridors.<br />

(35) Show any wellhead protection area and provide an environmental impact statement to<br />

identify the best management practices proposed for wellhead protection, if applicable.<br />

(36) Show any area <strong>of</strong> special flood hazard and any floodway.<br />

(37) Show any wetlands or wetland transition areas.<br />

(38) Show the developable land area <strong>of</strong> each lot.<br />

(39) Provide copies <strong>of</strong> any existing or proposed deed restrictions or covenants.<br />

(40) Show such other details as may apply to the proposed improvements or change <strong>of</strong> use.<br />

B. Major site plans shall:<br />

(1) through (17) No change<br />

(18) Provide a landscaping plan showing any proposed landscape areas, including buffer areas;<br />

the number, location, size, species, and location <strong>of</strong> proposed plantings; planting details; and<br />

proposed means <strong>of</strong> irrigation.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment ~ SubdivisionandSitePlanReview 05~28~08.doc<br />

E-3


<strong>City</strong> <strong>of</strong> <strong>Vineland</strong><br />

<strong>Land</strong> <strong>Use</strong> <strong>Ordinance</strong> Amendment<br />

Subdivision and Site Plan Details<br />

(19) Provide preliminary architectural plans and elevations in designated redevelopment areas.<br />

(20) Provide a list <strong>of</strong> any design waivers or exceptions requested from <strong>City</strong> development<br />

regulations.<br />

(21) Identify the forest acreage to be removed and provide a forest retention and tree<br />

replacement plan, where applicable.<br />

(22) For residential development subject to the New Jersey Residential Site Improvement<br />

Standards (RSIS) , provide a certification <strong>of</strong> the design engineer, architect, planner, surveyor, as<br />

applicable, <strong>of</strong> conformance <strong>of</strong> plan and details to RSIS; identify any requested design waivers<br />

from RSIS; identify any requested deminimis exceptions from RSIS, and identify any<br />

improvements proposed to exceed RSIS.<br />

H:\VINE\00012\Plans\<strong>Ordinance</strong> Amendment ~ SubdivisionandSitePlanReview 05~28~08.doc<br />

E-4

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