Township of Stafford, NJ
Ocean County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Stafford 8-20-1985 by Ord. No. 85-68; amended in its entirety 6-28-1988 by Ord. No. 88-53. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Water and Sewer Utility — See Ch. 47.
Air safety and hazardous zoning — See Ch. 53.
Building construction — See Ch. 70.
Campgrounds — See Ch. 78.
Certificates of occupancy — See Ch. 81.
Flood hazard areas — See Ch. 114.
Land use and development — See Ch. 130.
Mobile home parks — See Ch. 140.
Permits — See Ch. 156.
Radioactive waste — See Ch. 161.
Satellite disc antennas — See Ch. 172.
Sexually oriented businesses — See Ch. 176.
Soil disturbance — See Ch. 178.
Soil removal/resource extraction — See Ch. 181.
Streets and sidewalks — See Ch. 187.
Storage tanks — See Ch. 197.
Abandoned or junked vehicles — See Ch. 199.
Zoning permits — See Ch. 213.
Table 1 Type of Signs, Permitted in the Nonresidential Zoning Districts Table 2 Number and Dimension of Signs Permitted in Nonresidential Zoning Districts Table 3 Bulk and Area Standards for Signs Zoning Map
Article I General Provisions

§ 211-1 Designation of zoning districts.

§ 211-2 Zoning Map.

§ 211-3 Boundaries.

§ 211-4 Prohibited uses.

§ 211-5 Existing lots of record.

§ 211-6 Nonconforming uses and structures of record.

§ 211-7 Definitions.

§ 211-8 Applicability of district regulations.

§ 211-9 Pinelands Area development requirements.

§ 211-10 Forest Area Zone (FA).

§ 211-11 Preservation Area Zone (PA).

§ 211-12 Pinelands Village Zone (PV).

§ 211-13 Riparian Buffer Conservation Zone (RBCZ).

§ 211-14 Neighborhood Commercial Zone (NC).

§ 211-14.1 Community Commercial Zone (CC).

§ 211-15 Marine Commercial Zone (MC).

§ 211-15.1 Recreational Marine Commercial Zone (RMC).

§ 211-16 Rural Residential Zone (RA).

§ 211-17 Low-Density Rural Residential Zone (RA-4).

§ 211-17.1 Environmentally Sensitive Rural Residential Zone (RA-5).

§ 211-17.2 Rural Residential/Recreation Open Space Zone (RA-5/ROS).

§ 211-18 Residential Zone (R-2).

§ 211-19 Residential Zone (R-3).

§ 211-20 Residential Zone (R-4).

§ 211-21 Residential Zone (R-90).

§ 211-22 Residential Zone (R-75).

§ 211-23 Residential Zone (RR-1).

§ 211-24 Residential Zone (RR-2).

§ 211-24.1 Residential Zone (RR-2A).

§ 211-25 Planned Retirement Community Zone (R-3/PRC).

§ 211-25.1 Wellhead Protection Overlay Zone (WPO).

§ 211-25.2 Mixed Use Zone (MU).

§ 211-25.3 Age Restricted, Multi-Family Affordable Housing Zone (ARMFAH).

§ 211-26 Local Business Zone (LB).

§ 211-26.1 Rural Business Zone (RB).

§ 211-27 Highway Commercial Zone (HC).

§ 211-28 Business Park Redevelopment Plan (BP).

§ 211-28.1 (Reserved)

§ 211-29 Neighborhood Medical Commercial Zone (NMC).

§ 211-30 Highway Medical Commercial Zone (HMC).

§ 211-31 (Reserved)

§ 211-31.1 Cemetery Zone (C).

§ 211-31.2 Public Utility Zone (PU).

§ 211-32 Preservation Zone (P).

§ 211-33 Recreation Open Space Zone (ROS).

§ 211-34 Special District Zones.

§ 211-34.1 Multi-Family Affordable Housing-12 Zone (MFAH-12).

§ 211-34.2 Multi-Family Affordable Housing-10 Zone.

§ 211-34.3 Mobile Home Park Zone Affordable Housing.

§ 211-35 Supplementary zoning requirements.

§ 211-35.1 (Reserved)

§ 211-35.2 (Reserved)

§ 211-36 Violations and penalties.

Article II Tables

§ 211-37 Tables of sign regulations.

§ 211-1 Designation of zoning districts.

[Amended 12-20-1988 by Ord. No. 88-94; 2-21-1989 by Ord. No. 89-19; 8-1-1989 by Ord. No. 89-52; 7-3-1990 by Ord. No. 90-28; 5-8-1993 by Ord. No. 93-31; 5-3-1994 by Ord. No. 94-43; 5-3-1994 by Ord. No. 94-45; 3-21-1995 by Ord. No. 95-34]
For the purpose of this chapter, the Township of Stafford is divided into the following zoning districts:
PA
Preservation Area Zone
FA
Forest Area Zone
PV
Pinelands Village Zone
MC
Marine Commercial Zone
RA
Rural Residential Zone
RA-3
Low-Density Rural Residential Zone[1]
RA-4
Rural Residential Zone
[Added 11-5-2007 by Ord. No. 2007-98]
RA-5
Rural Residential Zone
[Added 11-5-2007 by Ord. No. 2007-98]
R-2
Residential Zone
R-3
Residential Zone
R-4
Residential Zone
R-90
Residential Zone
R-75
Residential Zone
RR-1
Residential Zone
RR-2
Residential Zone
RR-2A
Residential Zone
R-3/PRC
Planned Retirement Community Zone
MU
Mixed Use Zone
NC
Neighborhood Commercial Zone
C
Cemetery
[Added 11-5-2007 by Ord. No. 2007-98]
LB
Local Business Zone
CC
Community Commercial Zone[2]
HC
Highway Commercial Zone
BP
Business Park Zone[3]
[Added 10-1-1996 by Ord. No. 96-59[4]]
BPRP
Business Park Redevelopment Plan
[Added 11-5-2007 by Ord. No. 2007-98]
NMC
Neighborhood Medical Commercial Zone
HMC
Highway Medical Commercial Zone[5]
P
Preservation Zone
ROS
Recreation Open Space Zone
W
National Wildlife Refuge Zone
ML
Municipal Land Use Zone
ML-SCH or RGL-SCH
School Zone
ML-P
Park Zone[6]
CO
County Land Zone
C-P
County Park Zone
S
State Land Zone
RMC
Recreational Marine Commercial Zone
RB
Rural Business Zone
WPO
Wellhead Protection Overlay Zone
[Added 10-15-1996 by Ord. No. 96-55]
PU
Public Utility
[Added 11-5-2007 by Ord. No. 2007-98]
ARMFAH
Age Restricted, Multi-Family Affordable Housing Zone
[Added 12-19-2000 by Ord. No. 2000-71]
MFAH-12
Multi-Family Affordable Housing Zone
[Added 8-6-2002 by Ord. No. 2002-52]
MFAH-10
Multi-Family Affordable Housing - 10 Zone
[Added 6-15-2004 by Ord. No. 2004-48]
MHP-AH
Mobile Home Park Zone Affordable Housing
[Added 6-15-2004 by Ord. No. 2004-48]
RBCZ
Riparian Buffer Conservation Zone
[Added 7-1-2008 by Ord. No. 2008-57]
[1]
Editor's Note: The former RA-3/ROS Low-Density Rural Residential/Recreation Open Space Zone, added 8-19-2003 by Ord. No. 2003-106, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.
[2]
Editor's Note: The SB Special Business Zone, which immediately followed this entry, was repealed 3-4-1997 by Ord. No. 97-15.
[3]
Editor's Note: The former BPO Business Park - Office Zone, added 10-1-1996 by Ord. No. 96-59, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.
[4]
Editor's Note: This ordinance also provided for the deletion of the I Industrial Zone and the I-O Industrial-Office Zone.
[5]
Editor's Note: The former C Conservation Zone, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.
[6]
Editor's Note: The former ML-OFF Office Complex Zone, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.

§ 211-2 Zoning Map. [1]

[Amended 5-29-2001 by Ord. No. 2001-33; 11-12-2002 by Ord. No. 2002-92; 4-15-2003 by Ord. No. 2003-39; 8-19-2003 by Ord. No. 2003-105; 11-3-2003 by Ord. No. 2003-128; 6-15-2004 by Ord. No. 2004-47; 10-17-2006 by Ord. No. 2006-78; 12-18-2007 by Ord. No. 2007-107; 4-14-2008 by Ord. No. 2008-50; 8-5-2008 by Ord. No. 2008-89; 6-4-2012 by Ord. No. 2012-13]
The boundaries of all zoning districts set forth in this chapter are shown on a map entitled "Zoning Map, Township of Stafford, Ocean County, New Jersey, dated June 4, 2012," and said map is hereby made a part of this section and is on file in the Township Clerk's office.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.

§ 211-3 Boundaries.

A. 
Zone boundaries are intended to follow streets, lot lines, hypothetical extensions of lot lines, property lines or other natural lines, such as center lines of watercourses, ditches or lagoons, unless such district or zone boundary is fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.
B. 
Where a zone boundary fixed by dimension on the Zoning Map approximately follows and is not more than 20 feet from a lot line, such lot line shall be construed to be the zone boundary.
C. 
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.
D. 
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
E. 
Where a zoning lot is located in part in one zoning district and in part in another zoning district, the entire zoning lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon the determination by the Planning Board that the following standards and conditions are met:
(1) 
The use contemplated can be best established by utilizing the portion of the zoning lot in the neighboring zone district without materially affecting the adjoining areas.
(2) 
The site plan shall be appropriate to the adjoining area.
(3) 
A set of plans, specifications and plot plans shall be filed with the Planning Board, showing overall dimensions, existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.
F. 
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by the subsections above, the Board of Adjustment shall interpret the district boundaries.

§ 211-4 Prohibited uses.

[Amended 8-16-1988 by Ord. No. 88-65]
All uses not expressly permitted in this chapter are prohibited. Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.

§ 211-5 Existing lots of record.

Any existing lot of record which has been rendered nonconforming by the adoption of this chapter may have a building permit issued for a permitted use without an appeal for a variance, provided that building coverage is not exceeded and parking requirements are met, and provided further that the lot abuts lots on either side that are developed and the lot is the largest possible assemblage of contiguous land. Where the lot abuts either a vacant lot or an oversized developed lot, the issuance of a building permit shall be delayed until the approving authority determines the reasonableness of requiring the applicant to acquire additional land to reduce or eliminate the nonconformity. Where the resulting lot is still nonconforming, the yard and height provisions may be reduced to the same percentage the area of the undersized lot bears to the zoning district requirements, except that no side yard shall be less than half that required by this chapter or five feet, whichever is greater, and no building shall be required to have a height less than 12 feet. In those areas in which sanitary sewage disposal must be by means of septic systems, no building permit shall be issued for any existing lot of record having an area of less than the minimum allowable lot area required for septic system use by all current applicable state and local requirements. This section does not apply to any property within the Preservation Area Zone or Forest Area Zone. Upon submission of the necessary proofs to show compliance with this section, the Zoning Officer can issue a zoning permit for the subject property.

§ 211-6 Nonconforming uses and structures of record.

The lawful use of land, buildings or structures existing when this chapter was adopted may be continued on the lot or in the structure although it may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered except in conformance with this chapter. Land on which a nonconforming use or structure is located, or a nonconforming lot, shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.

§ 211-7 Definitions.

A. 
The definitions set forth in Chapter 130, Land Use and Development, of the Stafford Township Code are hereby adopted by reference and incorporated herein.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, which defined certain terms, added 1-21-1992 by Ord. No. 92-06, as amended, was repealed 10-21-1997 by Ord. No. 97-85.

§ 211-8 Applicability of district regulations.

The following zoning district regulations shall apply in accordance with the zoning districts established by the Zoning Map:
A. 
The following zoning districts shall apply to those areas of land in Stafford Township located west of the Garden State Parkway:
[Amended 12-20-1988 by Ord. No. 88-94; 2-21-1989 by Ord. No. 89-19]
(1) 
Preservation Area Zone (PA).
(2) 
Forest Area Zone (FA).
(3) 
Pinelands Village Zone (PV).
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(4), Special Business Zone (SB), was repealed 3-4-1997 pursuant to Ord. No. 97-15.
(5) 
Neighborhood Commercial Zone (NC).
(6) 
Residential Zone (R-3).
(7) 
Residential Zone (R-4).
(8) 
Residential Zone (R-90).
(9) 
Business Park Redevelopment Plan (BP).
[Added 10-1-1996 by Ord. No. 96-59[2]; amended 11-5-2007 by Ord. No. 2007-98]
[2]
Editor's Note: This ordinance also provided for the repeal of former Subsection A(9), Industrial Zone (I).
(10) 
Community Commercial Zone (CC).
[Added 5-3-1994 by Ord. No. 94-45[3]]
[3]
Editor's Note: This ordinance also provided that Subsection A(10) through (14) be renumbered as A(11) through (15), respectively.
(11) 
Neighborhood Medical Commercial Zone (NMC).
(12) 
Highway Medical Commercial Zone (HMC).
(13) 
Recreation Open Space Zone (ROS).
(14) 
Preservation Zone (P).
(15) 
Special district zones:
(a) 
County Land Zone (CO).
(b) 
State Land Zone (S).
(16) 
(Reserved)[4]
[4]
Former Subsection A(16), Business Park - Office Zone (BPO), added 10-1-1996 by Ord. No. 96-59, was removed pursuant to Ord. No. 2007-98, adopted 11-5-2007.
(17) 
Wellhead Protection Overlay Zone (WPO).
[Added 10-15-1996 by Ord. No. 96-55]
B. 
The following zoning districts shall apply to those areas of land in Stafford Township located east of the Garden State Parkway:
[Amended 12-20-1988 by Ord. No. 88-94; 12-20-1988 by Ord. No. 88-96; 8-1-1989 by Ord. No. 89-52; 7-3-1990 by Ord. No. 90-28; 5-3-1994 by Ord. No. 94-43; 10-15-1996 by Ord. No. 96-55; 8-19-2003 by Ord. No. 2003-106; 11-5-2007 by Ord. No. 2007-98]
(1) 
Marine Commercial Zone (MC).
(2) 
Rural Residential Zone (RA).
(3) 
Rural Residential Zone (RA-4).
(4) 
Rural Residential Zone (RA-5).
(5) 
Residential Zone (R-2).
(6) 
Residential Zone (R-3).
(7) 
Residential Zone (R-75).
(8) 
Residential Zone (RR-1).
(9) 
Residential Zone (RR-2).
(10) 
Planned Retirement Community Zone (R-3/PRC).
(11) 
Mixed Use Zone (MU).
(12) 
Local Business Zone (LB).
(13) 
Highway Commercial Zone (HC).
(14) 
Neighborhood Commercial Zone (NC).
(15) 
Cemetery (CM).
(16) 
Residential Zone (R-90).
(17) 
Preservation Zone (P).
(18) 
Special District Zone (publicly owned land):
(a) 
National Wildlife Refuge Zone (W).
(b) 
Municipal Land Use Zone (ML).
(c) 
School Zone (ML-SCH or RGL-SCH).
(d) 
Park Zone (ML-P).
(e) 
County Land Zone (CO).
(f) 
County Park Zone (C-P).
(19) 
Recreation Open Space Zone (ROS).
(20) 
Recreational Marine Commercial Zone (RMC).
(21) 
Rural Business Zone (RB).
(22) 
Residential Zone (RR-2A).
(23) 
Wellhead Protection Overlay Zone (WPO).
(24) 
Public Utility (PU).

§ 211-9 Pinelands Area development requirements.

A. 
Applicability. The provisions of this section shall apply only to the Pinelands Area of Stafford Township and shall be considered supplemental to the requirements of the balance of this chapter. No land within the Pinelands Area of Stafford Township, as defined herein, shall be disturbed unless all provisions of this chapter shall have been complied with. The requirements of this section shall not apply in those portions of the Township outside of the Pinelands Area.
B. 
Definitions.
(1) 
As used in this chapter, the following definitions shall apply throughout the Pinelands Area of the Township; provided, however, that, in the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.
(2) 
Pinelands Area definitions.
(a) 
The following definitions shall apply only to those portions of the Township of Stafford that are located within the Pinelands Area: accessory use or structure; agricultural commercial establishment; agricultural employee housing; agricultural or horticultural purpose or use; agricultural service establishment; application for development; artificial regeneration; bedding; broadcast scarification; camper; campsite; certificate of filing; clear cutting; Commission; Comprehensive Management Plan; contiguous lands; coppicing; disking; drum chopping; electric distribution lines; electric transmission lines; fish and wildlife management; forestry; forestry management plan; forest stand; group selection; habitat; height; historic resource; hydrophytes; immediate family; impermeable surface; impervious surface; individual selection; institutional use; interim rules and regulations; land; local communications facility; mobile home; natural regeneration; navigable waters; off-site commercial advertising sign; parcel; permeability; person; Pinelands; Pinelands Development Review Board; Pinelands native forest type; Pinelands Protection Act; Pinelands resource-related use; public service infrastructure; recommended management practice; recreational facility, intensive; recreational facility, low-intensive; Resource Management System Plan; resource extraction; root raking; seasonal high-water table; seed tree cut; shelterwood cut; sign; specimen tree; submerged land; structural alteration; thinning; utility distribution lines; vegetation; wetlands management; and wetland soils, which definitions shall have the meanings ascribed to them in the N.J.A.C. 7:50-2.11.
[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-78; 3-4-1997 by Ord. No. 97-17; 12-6-2011 by Ord. No. 2011-36]
(b) 
As used in this section, the following terms shall have the meanings indicated:
ABANDONMENT
The voluntary cessation or discontinuation of a use, not including temporary or short-term interruptions to a use during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Cessation or discontinuation of a use for two or more years shall constitute prima facie evidence of abandonment. An applicant may rebut this presumption of abandonment by demonstrating, by a preponderance of the evidence, objective proof of intent to continue a use such that a reasonable person would believe that there was no intent to abandon said use.
[Added 9-2-2008 by Ord. No. 2008-88]
AFFORDABLE HOUSING
Housing which falls within the financial means of a household, guidelines being that a household will not have to spend more than 30% of its annual income for shelter or expend more than two times the amount of its annual income for the purpose of a home.
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
An individual or community on-site waste water treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, limited to the following systems authorized for use for residential development by the pilot program established in N.J.A.C. 7:50-10, Part IV:
[Added 3-4-2003 by Ord. No. 2003-25]
[1] 
Ashco RFS III;
[2] 
FAST;
[3] 
Cromaglass;
[4] 
Bioclere; and
[5] 
Amphidrome.
ANIMALS, THREATENED OR ENDANGERED
Those animals specified in N.J.A.C. 7:50-6.32.
APPROVAL AGENCY
Any board, body or other authority within the Township of Stafford with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
APPROVING AUTHORITY
Any board, body or other authority within the Township of Stafford with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval. The term "approving authority" shall also include the term "approving agency."
ASSISTED LIVING FACILITY
A facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36-1 et seq. which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
[Added 7-3-2001 by Ord. No. 2001-45]
CERTIFICATE OF FILING
A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
[Added 7-6-1993 by Ord. No. 93-46]
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A development regulated in accordance with the rules of the Department of Community Affairs pursuant to N.J.A.C. 5:19-1.1 et seq. which provides a continuum of accommodations and care, from independent living to assisted living to long-term bed care in a nursing facility, at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year.
[Added 7-3-2001 by Ord. No. 2001-45]
DENSITY
The average number of housing units per unit of land.
DEVELOPMENT
[Added 8-16-1988 by Ord. No. 88-65]
The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
[1] 
A change in the type of use of a structure or land.
[2] 
A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
[3] 
A material increase in the intensity of the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
[4] 
Commencement of resource extraction or drilling or excavation on a parcel of land.
[5] 
Demolition of a structure or removal of trees.
[6] 
Commencement of forestry activities
[7] 
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
[8] 
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
[9] 
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
DEVELOPMENT APPROVAL
Any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include the issuance of a construction permit or subdivision or site plan approval.
DEVELOPMENT, MAJOR
Any division or subdivision of land into five or more parcels; any construction or expansion of any housing development of five or more units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of any area in excess of 5,000 square feet for other than agricultural or horticultural purposes.
DEVELOPMENT, MINOR
Any development other than a major development, except those items listed in Subsection C(2).
DWELLING
Any structure or portion thereof which is designed or used for residential purposes.
INSTITUTIONAL USE
Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities nor shall it include assisted living facilities.
[Added 7-3-2001 by Ord. No. 2001-45]
LOW-INCOME HOUSEHOLD
A household earning less than 50% of median income.
MEDIAN INCOME
The median household income, adjusted for the number of persons in the household, as determined from time to time by the United States Department of Housing and Urban Development to be the median.
MODERATE-INCOME HOUSEHOLD
A household earning no less than 50% and no more than 80% of median income.
NOTICE OF FILING
A notice issued by the Pinelands Commission that a duplicate copy of an application for development has been submitted to the Commission, pursuant to the application procedures set forth in § 211-9E(2) through (4). Said notice shall identify inconsistencies of the proposed development, if any, with the standards of the Pinelands Comprehensive Management Plan.
[Added 7-6-1993 by Ord. No. 93-46; amended 4-2-1996 by Ord. No. 96-33]
PINELANDS ADMINISTRATIVE OFFICER
The Zoning Officer for purposes of the application procedures set forth in § 211-9E(2).
[Added 7-6-1993 by Ord. No. 93-46]
PINELANDS AREA
The area designated in Subsection A of Section 10 of the Pinelands Protection Act.
[1]
PLANTS, THREATENED OR ENDANGERED
A Pinelands plant species whose survival, worldwide, nationwide or in the state, is in jeopardy.
[Amended 8-16-1988 by Ord. No. 88-65]
PRESERVATION AREA or PINELANDS PRESERVATION AREA
The area designated in Subsection B of Section 10 of the Pinelands Protection Act[2] and shown on the Pinelands Area Master Plan Map of Stafford Township.
PROTECTION AREA or PINELANDS PROTECTION AREA
All lands located in the Pinelands Area which are not within the Preservation Area.
[Amended 12-20-1988 by Ord. No. 88-96]
SUBDIVISION
— The division of a parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this plan, if no development occurs or is proposed in connection therewith: 1) Divisions of property by testamentary or intestate provisions; 2) Divisions of property upon court order; and 3) Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
[Added 9-2-2008 by Ord. No. 2008-88]
WETLANDS
The meaning ascribed to the word in N.J.A.C. 7:50-6.3 through 7:50-6.5.
[Amended 8-16-1988 by Ord. No. 88-65]
WETLANDS, COASTAL
The meaning ascribed to the word in N.J.A.C. 7:50-6.4.
WETLANDS, INLAND
The meaning ascribed to the word in N.J.A.C. 7:50-6.5.
[1]
Editor's Note: See N.J.S.A. 13:18A-11a.
[2]
Editor's Note: See N.J.S.A. 13:18A-11b.
C. 
General provisions and requirements for development in the Stafford Township Pinelands Area. All development in the Township of Stafford located in the Pinelands Area shall comply with the goals, objectives and policies of the Pinelands Comprehensive Management Plan and the provisions of this section.
(1) 
Existing uses and nonconforming uses. Notwithstanding the use restrictions contained in §§ 211-10 through 211-34, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Subsection G, may be expanded or altered, provided that:
[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-1997 by Ord. No. 97-17]
(a) 
The use was not abandoned or terminated subsequent to January 14, 1981.
(b) 
The expansion or alteration of the use is in accordance with all of the minimum standards of Subsection G.
(c) 
The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
(2) 
Cultural housing. Residential dwellings on lots of 3.2 acres may be permitted in the PA and FA Zones, provided that:
[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-17]
(a) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(b) 
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.
(c) 
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(d) 
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years, and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
(3) 
Substandard lots. Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in the Forest Area Zone or Pinelands Village Zone shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
[Amended 12-20-1988 by Ord. No. 88-96; 11-24-1992 by Ord. No. 92-77; 3-4-1997 by Ord. No. 97-17]
(a) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(b) 
The parcel has been in the continuous ownership of the applicant, a member of his immediate family or a partnership or corporation made up of members of a qualifying immediate family who collectively own more than a majority interest in such partnership or corporation since February 7, 1979.
(c) 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains any substantial improvements.
(d) 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
(4) 
Height limitations.
[Amended 8-16-1988 by Ord. No. 88-65[3]; 12-20-1988 by Ord. No. 88-96; 3-4-1997 by Ord. No. 97-17]
(a) 
No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in the following subsection.
(b) 
The height limitation in Subsection C(4)(a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conforming with the standards of Subsection G(9): antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use; silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures; windmills, smokestacks, derricks, conveyors, flag poles and masts; or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
(c) 
The height limitation in Subsection C(4)(a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[3]
Editor's Note: This ordinance also provided for the deletion of former Subsection C(5), which immediately followed Subsection C(4)(b), and provided for the renumbering of the remaining subsections in Subsection C.
(5) 
Environmental Commission review. Where an Environmental Commission exists, the Planning Board or Board of Adjustment, as the case may be, must transmit for the Environmental Commission's review and comment any application for development in the Pinelands Area.
(6) 
Variance applications.
[Amended 2-21-1989 by Ord. No. 89-19; 10-2-1990 by Ord. No. 90-55; 9-6-1994 by Ord. No. 94-86; 3-4-1997 by Ord. No. 97-17; 7-3-2001 by Ord. No. 2001-45]
(a) 
In the case of variance applications in the Pinelands Area of the Township, variances granted, which constitute a waiver of requirements, standards or criteria contained in the Pinelands Comprehensive Management Plan, shall be conditioned upon the review and, where appropriate, action by the Pinelands Commission.
(b) 
Any residential development in the R-3, R-4, R-90, P, NC, NMC or BP Zones which is approved by variance at a density which exceeds the maximum permitted in that zone shall require that Pinelands development credits be used for all dwelling units which exceed the maximum otherwise permitted.
(c) 
Any municipal variance or other approval for the development of a residential use in the BP, CC, HMC, S, CO or ROS Zones shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
(d) 
Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the R-3, R-4, P or R-90 Zones shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 9-2-2008 by Ord. No. 2008-88]
(e) 
Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 211-12B for a residential or principal nonresidential use in the PV Zones shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
(f) 
In the case of a "d" variance application before the Board of Adjustment under N.J.S.A. 40:55D-70, the Board of Adjustment shall require that the applicant produce a certificate of filing prior to deeming the application complete for purposes of a hearing before the Board of Adjustment on the "d" variance application.
(7) 
Development approval required. No person shall carry out any development, as defined in this section, within the Pinelands Area, and no building permit shall be issued without first obtaining all development approvals in accordance with the procedures set forth in this chapter.
D. 
Procedure requirements for development approval in the Stafford Township Pinelands Area.
(1) 
Applicability of Pinelands review procedures.
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
Except as provided in Subsection D(1)(b) below, the following shall not be subject to the procedures set forth in this section:
[1] 
The improvement, expansion or reconstruction, within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto.
[2] 
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.
[3] 
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.
[4] 
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.
[5] 
The repair of existing utility distribution lines.
[Amended 3-4-1997 by Ord. No. 97-17]
[6] 
The clearing of less than 1,500 square feet of land.
[7] 
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that said addition or structure will be located on or below an existing impermeable surface and the existing use is served by public sewers and said addition or structure will cover an area of no more than 1,000 square feet.
[Amended 10-18-1988 by Ord. No. 88-78]
[8] 
The demolition of any structure that is less than 50 years old.
[9] 
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits.
[Added 3-4-1997 by Ord. No. 97-17]
[10] 
The repair or replacement of any existing on-site wastewater disposal system.
[Added 3-4-1997 by Ord. No. 97-17]
[11] 
The repaving of existing paved roads, provided that no increase in the paved width of said roads will occur.
[Added 3-4-1997 by Ord. No. 97-17]
[12] 
The clearing of land solely for agricultural purposes.
[Added 3-4-1997 by Ord. No. 97-17]
[13] 
Fences, provided that no more than 1,500 square feet of land is to be cleared.
[Added 3-4-1997 by Ord. No. 97-17]
[14] 
Aboveground telephone equipment cabinets.
[Added 3-4-1997 by Ord. No. 97-17]
[15] 
Tree pruning.
[Added 3-4-1997 by Ord. No. 97-17]
[16] 
The following forestry activities:
[Added 3-4-1997 by Ord. No. 97-17]
[a] 
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
[b] 
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of food are harvested from the entire parcel in any one year.
[c] 
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
[d] 
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
[17] 
Prescribed burning and the clearing and maintaining of firebreaks.
[Added 3-4-1997 by Ord. No. 97-17]
[18] 
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 211-9G(3)(c) or Article X of Chapter 130, Land Use and Development.
[Added 3-4-1997 by Ord. No. 97-17]
(b) 
The exceptions contained in Subsection D(1)(a) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(c) 
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
(2) 
Notice of application submission and modifications. Written notification will be given by the Township to the Pinelands Commission within seven days after a determination is made by the Township that an application for development is complete or if a determination is made by the approving authority that the application has been modified. Said notice shall contain:
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
The name and address of the applicant.
(b) 
The application number on the certificate of filing or notice of filing issued by the Pinelands Commission and the date on which it was issued.
[Amended 7-6-1993 by Ord. No. 93-46]
(c) 
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approving authority.
(d) 
Any written reports or comments received by the approving authority on the application for development which have not been previously submitted to the Commission.
(e) 
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plan or reports.
(f) 
The nature of the municipal approval being sought.
(3) 
Notice of hearings or meetings.
(a) 
Where a hearing on an application for development approval in the Pinelands Area is required, the applicant, in addition to the requirements set forth in Chapter 130, Land Use and Development, shall provide notice to the Pinelands Commission by regular mail or delivery of the same to the principal office of the Commission at least five days prior to such hearing. Such notice shall contain at least the following information:
[1] 
The name and address of the applicant.
[2] 
The docket number on the certificate of filing or notice of filing, if any, issued by the Pinelands Commission and the date on which it was issued.
[Amended 7-6-1993 by Ord. No. 93-46]
[3] 
The date, time and location of the meeting, hearing or other formal proceeding.
[4] 
The name of the approving authority or representative thereof which will be conducting the meeting, hearing or other formal proceeding.
[5] 
Any written reports or comments received by the approving authority on the application for development which have not been previously submitted to the Commission.
[6] 
The purpose for which the meeting, hearing or other formal proceeding is to be held.
(b) 
Proof of provision of said notice shall be submitted to the local approving authority.
(4) 
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approving authority. The applicant shall, within five days of the approval, give notice by certified mail to the Pinelands Commission. Such notice shall contain the following information:
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
The name and address of the applicant.
(b) 
The legal description and street address, if any, of the property which the applicant proposes to develop.
(c) 
The application number of the certificate of filing or notice of filing issued by the Pinelands Commission and the date on which it was issued.
[Amended 7-6-1993 by Ord. No. 93-46]
(d) 
The date on which the approving authority's approval was issued.
(e) 
Any written reports or comments received concerning the application for development approval not previously submitted.
(f) 
Any revisions to the application not previously submitted to the Commission.
(g) 
A copy of the resolution, permit or other documentation of the approval or denial.
(h) 
The names and addresses of all persons who actively participated in the proceedings.
(5) 
Appeal of decision.
(a) 
The Township Council or Board of Adjustment, as the case may be, shall notify the Pinelands Commission by certified mail at least 10 days prior to the hearing of an appeal involving a development application in the Pinelands Area.
(b) 
Where an appeal of a decision is made to the Board of Adjustment or Township Council, the applicant shall notify the Pinelands Commission by certified mail of the decision of the Zoning Board of Adjustment or Township Council within five days following the decision of such an appeal. Such notification shall contain the information set forth in Subsection D(4) above.
(6) 
Review by Commission. Upon receipt of the notice of approval by the Pinelands Commission pursuant to Subsection D(4) above, the Executive Director shall determine whether the application for development approval shall be reviewed by the Commission in accordance with N.J.A.C. 7:50-4.37 through 7:50-4.43. The approval of the Township shall not be effective and no development shall be carried out prior to the Executive Director's determining whether the development approval will be reviewed by the Commission. If the Executive Director notifies the applicant of the decision to have the Commission review the application for development, no development shall be carried out until such review has been completed. Pursuant to N.J.A.C. 7:50-1(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of local approvals under this section. Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
[Amended 8-16-1988 by Ord. No. 88-65]
(7) 
Condition on approvals of development applications by Township approving authority.
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
Condition on prior approval of development application by Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
[1] 
Notification is received from the Pinelands Commission that review of the Township's approval is not required.
[2] 
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.
(8) 
Effect of Pinelands Commission's decision on Township's approval.
(a) 
If the Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked within 30 days of the Commission's action by the approving authority, and the agency shall thereafter deny approval of the application.
[Amended 8-16-1988 by Ord. No. 88-65]
(b) 
If the Commission approves the decision of an approving authority subject to conditions, the approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required. shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
(9) 
Waivers. If any application for development approval conflicts with a provision of this section, adopted pursuant to the Pinelands Protection Act,[4] the Planning Board may disapprove the application, approve the application subject to the applicant's obtaining a waiver from the Pinelands Commission pursuant to N.J.A.C. 7:50-4.66 or suspend further review of the application, with the consent of the applicant, until a waiver is obtained. In no event is the Planning Board or any other approving authority authorized to waive the applicability of any provision of this section adopted pursuant to the Pinelands Protection Act.
[4]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
(10) 
Participation of Commission in public hearings. The Pinelands Commission may participate in a hearing held in Stafford Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
(11) 
Public development. All development proposed by Stafford Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq.
(12) 
Conflicting provisions. The standards and regulations in this section applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the purposes and objectives of this section and the Pinelands Protection Act.[5] In the event of a conflict between any provisions, the stricter provision shall apply.
[5]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
(13) 
Amendments. In amending this chapter, the Township's Master Plan or any other ordinance regulating the use of land, the Township shall comply with the requirements of N.J.A.C. 7:50-3.55.
E. 
Application requirements for minor development.
[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-77]
(1) 
Any application for approval of minor development shall include the following information, in addition to the information required by Chapter 130, § 130-91A(2)(b), and the fees required pursuant to Chapter 130, § 130-95:
(a) 
The applicant's name and address and his interest in the subject property.
(b) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c) 
The legal description, including block and lot designation and street address, if any, of the subject property.
(d) 
A description of all existing uses of the subject property.
(e) 
A brief written statement generally describing the proposed development.
(f) 
A United States Geological Survey quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands Management Area designation and the zoning designation are shown.
(g) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
[1] 
On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities.
[2] 
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection G(8).
(h) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.
(i) 
A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.
(j) 
A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.
(k) 
Unless the application is for minor site plan approval or the development of an individual single-family dwelling in accordance with Subsection E(2) below, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34.
[Amended 7-6-1993 by Ord. No. 93-46; 4-2-1996 by Ord. No. 96-33]
(l) 
When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.
(2) 
The following applications for development shall be submitted directly to the Pinelands Administrative Officer rather than to the Pinelands Commission:
[Added 7-6-1993 by Ord. No. 93-46; amended 4-2-1996 by Ord. No. 96-33]
(a) 
Applications for the development of an individual single-family dwelling on an existing lot.
(b) 
Applications for minor site plan approval involving development in the R-3, R-4, R-90, NC, CC, NMC, HMC, ROS, P, I or I-O Districts that will be served by sanitary sewers.
(3) 
After determining any application submitted pursuant to Subsection E(2)(a) above, or any modification thereof, to be complete, the Pinelands Administrative Officer shall submit a duplicate copy of the application to the Pinelands Commission, together with a statement that the application has been deemed complete. Upon receiving a notice of filing from the Pinelands Commission, the Pinelands Administrative Officer shall determine whether the proposed development complies with the standards set forth in § 211-9G and the relevant requirements set forth in §§ 211-10 through 211-34, and shall thereafter act on the application accordingly.
[Added 4-2-1996 by Ord. No. 96-33]
(4) 
For minor site plan applications that are to be submitted pursuant to Subsection E(2)(b) above, a preapplication conference shall be held in accordance with § 130-30A. Upon completion of said preapplication conference and the receipt of a complete application for minor site plan approval, the Pinelands Administrative Officer shall submit a duplicate copy of the application to the Pinelands Commission, together with a statement that the application has been deemed complete. Upon receiving a notice of filing from the Pinelands Commission, the Pinelands Administrative Officer shall forward a copy of the application, together with a copy of the notice of filing and a recommendation as to whether the proposed development complies with the standards set forth in § 211-9G and the relevant requirements set forth in §§ 211-10 through 211-34, to the Planning Board for action in accordance with § 130-47.
[Added 4-2-1996 by Ord. No. 96-33]
(5) 
Any permits or approvals issued by any approval agency shall be submitted to the Pinelands Commission for review pursuant to the provisions of § 211-9D.
[Added 4-2-1996 by Ord. No. 96-33]
(6) 
Should the position of the Pinelands Administrative Officer become vacant for any reason, the application procedures set forth in this subsection shall be of no force or effect and the procedures set forth in Subsection E(1) above shall apply until the position has been filled.
[Added 4-2-1996 by Ord. No. 96-33]
F. 
Application requirements for other development.
[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-77]
(1) 
Any application for approval of major development, except for forestry resource-extraction operations, shall contain the following information in addition to that required by Chapter 130, §§ 130-91 and 130-93, and the fees required by Chapter 130, § 130-95:
[Amended 12-10-1988 by Ord. No. 88-96]
(a) 
The applicant's name and address and his interest in the subject property.
(b) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c) 
The legal description, including block and lot designation and street address, if any, of the subject property.
(d) 
A description of all existing uses of the subject property.
(e) 
A brief written statement generally describing the proposed development, the number of total units and the floor area of all units to be included in the proposed development.
[Amended 3-4-1997 by Ord. No. 97-17]
(f) 
A written statement addressing each of the standards or guidelines set forth in § 211-9G and stating specifically how the proposed development meets each such standard or guideline.
[Amended 2-21-1989 by Ord. No. 89-19]
(g) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed wastewater treatment facilities:
[1] 
Sanitary sewer distribution: the location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities.
[2] 
On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal.
[3] 
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered and estimating the seasonal high-water table.
[4] 
The proposed hours and days of operation and number of employees of any nonresidential facility.
(h) 
A project site base map, at a scale of no less than one inch to 200 feet, and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.
(i) 
A soils map, including a county soils survey in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map.
(j) 
A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals.
(k) 
A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in the plan. This map should be prepared prior to any engineering, site layout or design work.
(l) 
A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution: the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development and the tree line before and after development.
(m) 
A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high-water table.
(n) 
Legal instruments evidencing the applicant's right, title or interest in any Pinelands development credits and any existing or proposed deed restrictions or easements relating to the subject parcel.
(o) 
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils.
(p) 
All public service infrastructure agreements or other documentation evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure.
(q) 
The cultural resources survey described in Subsection G(14).
(r) 
A list of all permits required for the proposed development from county, municipal, state and federal agencies.
(s) 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:5-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.
(t) 
When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.
(2) 
Any application for approval of forestry operations shall be subject to the requirements of Subsection G(5)(a).
(3) 
Any application for approval of resource-extraction operations shall be subject to the requirements of Subsection G(7)(a).
[Amended 2-21-1989 by Ord. No. 89-19]
G. 
Supplemental Pinelands Area design and development standards and management programs.
(1) 
No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this section. These standards shall be deemed supplemental to the normal standards and requirements of this chapter applicable to all development. In the case of conflict with other standards of this chapter, the design and development standards and management programs contained in this section shall supersede all other requirements and standards.
(2) 
Wetlands.
(a) 
Uses. No development shall be permitted in a wetland or wetlands transition area except for the following uses:
[Amended 11-24-1992 by Ord. No. 92-77]
[1] 
Horticulture of native Pinelands species.
[2] 
Berry agriculture.
[3] 
Beekeeping.
[4] 
Forestry.
[5] 
Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 12-6-2011 by Ord. No. 2011-36]
[6] 
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection G(2)(b) hereof.
[Amended 8-16-1988 by Ord. No. 88-65]
[7] 
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection G(2)(b) hereof.
[8] 
Commercial or public docks, piers, moorings and boat launches, provided that:
[a] 
There is a demonstrated need for the facility that cannot be met by existing facilities.
[b] 
The development conforms to all state and federal regulations.
[c] 
The development will not result in a significant adverse impact as set forth in Subsection G(2)(b) hereof.
[9] 
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77]
[a] 
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
[b] 
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
[c] 
The use represents a need which overrides the importance of protecting the wetland;
[d] 
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
[e] 
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(b) 
Performance standards.
[1] 
No development, except for those uses which are specifically authorized in Subsection G(2)(a)[1] through [4], shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
[2] 
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals.
[Amended 10-18-1988 by Ord. No. 88-78]
[3] 
Determinations under Subsection G(2)(b)[2] above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
[Added 8-16-1988 by Ord. No. 88-65]
(3) 
Vegetation, clearing and landscaping.
[Amended 8-16-1988 by Ord. No. 88-65; 9-20-1994 by Ord. No. 94-88; 3-4-1997 by Ord. No. 97-17]
(a) 
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
(b) 
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
[1] 
Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.
[2] 
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
(c) 
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection G(3)(d) below.
(d) 
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection G(3)(c) above or required pursuant to Article X of Chapter 130 shall incorporate the following elements:
[1] 
The limits of clearing shall be identified;
[2] 
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
[3] 
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
[4] 
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
[a] 
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[b] 
For limited ornamental purposes around buildings and other structures; or
[c] 
When limited use of other shrubs or tree species is required for proper screening or buffering.
(e) 
In all instances, no development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
(4) 
Fish and wildlife.
(a) 
No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 8-16-1988 by Ord. No. 88-65]
(b) 
All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
(5) 
Forestry.
[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-1997 by Ord. No. 97-17]
(a) 
Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
[1] 
Normal and customary-forestry practices on residentially improved parcels of land that are five acres or less in size.
[2] 
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
[3] 
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
[4] 
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
[5] 
Prescribed burning and the clearing and maintaining of firebreaks.
(b) 
Forestry application requirements. The information in Subsection G(5)(b)[1] or [2] below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[1] 
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey forest stewardship plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
[2] 
For all other forestry applications:
[a] 
The applicant's name and address and his interest in the subject parcel;
[b] 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
[c] 
The description, including block and lot designation and street address, if any, of the subject parcel;
[d] 
A description of all existing uses of the subject parcel;
[e] 
A brief written statement generally describing the proposed forestry operation;
[f] 
A USGS quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
[g] 
A forestry management plan that includes, as appropriate:
[i] 
A cover page for the plan containing:
[A] 
The name, mailing address and telephone number of the owner of the subject parcel;
[B] 
The municipality and county in which the subject parcel is located;
[C] 
The block and lot designation and street address, if any, of the subject parcel;
[D] 
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[E] 
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
[ii] 
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
[iii] 
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[A] 
The number of acres;
[B] 
The general condition and quality of each stand;
[C] 
The overall site quality, relative to the management goals and objectives identified in Subsection G(5)(b)[2][g][ii] above;
[D] 
An inventory and map of Pinelands native forest types with native forest types broken into "stands," including information on type, size and volume by species;
[E] 
The age of representative trees;
[F] 
The species composition, including overstory, understory, ground layer structure and composition;
[G] 
The stand cohort composition;
[H] 
The percent cover;
[I] 
The basal area;
[J] 
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[K] 
The condition and species composition of advanced regeneration when applicable;
[L] 
A stocking table showing the stocking levels, growth rates and volume;
[M] 
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;
[N] 
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:
{1}
Stand improvement practices;
{2}
Site preparation practices;
{3}
Harvesting practices;
{4}
Regeneration and reforestation practices;
{5}
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
{6}
Herbicide treatments;
{7}
Silvicultural treatment alternatives;
{8}
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
{9}
Implementation instructions; and
{10}
Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and
[O] 
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
[iv] 
A map of the entire parcel which includes the following:
[A] 
The owner's name, address and the date the map was prepared;
[B] 
An arrow designating the north direction;
[C] 
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[D] 
The location of all property lines;
[E] 
A delineation of the physical features such as roads, streams and structures;
[F] 
The identification of soil types (a separate map may be used for this purpose);
[G] 
A map inset showing the location of the parcel in relation to the local area;
[H] 
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[I] 
A legend defining the symbols appearing on the map.
[h] 
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel, and a detailed description by the applicant of the measures proposed to meet the standards set forth in § 211-9G(3)(e) and (4)(a);
[i] 
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur, and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 211-9G(14);
[j] 
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection G(5)(c)[9][b] below;
[k] 
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
[l] 
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection G(5)(c) below;
[m] 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
[n] 
When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Subsection D(6) above.
(c) 
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[1] 
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;
[2] 
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;
[3] 
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:
[a] 
Clear-cutting cedar and managing slash;
[b] 
Controlling competition by other plant species;
[c] 
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
[d] 
Utilizing existing streams as cutting boundaries, where practical;
[e] 
Harvesting during dry periods or when the ground is frozen; and
[f] 
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
[4] 
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 211-9G(3)(e) and (4)(a). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
[5] 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;
[6] 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 211-9G(14);
[7] 
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;
[8] 
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
[a] 
Minimize changes to surface water and groundwater hydrology;
[b] 
Minimize changes to temperature and other existing surface water quality and conditions;
[c] 
Prevent unnecessary soil erosion, siltation and sedimentation; and
[d] 
Minimize unnecessary disturbances to aquatic and forest habitats.
[9] 
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
[a] 
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
[b] 
Herbicide treatments shall be permitted, provided that:
[i] 
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection G(b)[2][j] above;
[ii] 
Control of competitive plant species is clearly necessary;
[iii] 
Control of competitive plant species by other, nonchemical means is not practical;
[iv] 
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
[v] 
In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;
[c] 
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
[d] 
Disking shall be permitted, provided that:
[i] 
It shall not be permitted in pine plains native forest types;
[ii] 
Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:
[A] 
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[B] 
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[iii] 
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[iv] 
It shall follow land contours when slopes are discernible;
[e] 
Root raking shall be permitted, provided that:
[i] 
It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;
[ii] 
When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[iii] 
Root raking debris shall not be piled in wetlands;
[f] 
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
[g] 
Drum chopping shall be permitted, provided that:
[i] 
It shall not be permitted in pine plains native forest types except to create road shoulder fuel breaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
[ii] 
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[iii] 
It shall adhere to the following procedures:
[A] 
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[B] 
Drums shall remain unfilled when used during the dormant season;
[C] 
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[D] 
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[E] 
Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.
[10] 
The following standards shall apply to silvicultural practices for harvesting:
[a] 
Clear-cutting shall be permitted, provided that:
[i] 
It shall not be permitted in pine plains native forest types;
[ii] 
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[iii] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;
[iv] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[v] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
[vi] 
The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;
[b] 
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[i] 
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[ii] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[iii] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[iv] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and
[v] 
The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used;
[c] 
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[i] 
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[ii] 
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[iii] 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[iv] 
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;
[v] 
The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used;
[vi] 
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[vii] 
Residual seed trees shall be distributed evenly throughout the parcel; and
[d] 
Shelter wood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
[11] 
The following standards shall apply to silvicultural practices for forest regeneration:
[a] 
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection G(5)(c)[11][b] below; and
[b] 
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[i] 
The use of non-native cuttings, seedlings or seeds shall not be permitted;
[ii] 
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
[iii] 
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[iv] 
When used in Pine Plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
[12] 
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.
[13] 
Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
[14] 
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
(d) 
Forestry permit procedures.
[1] 
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
[2] 
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
[3] 
Within 45 days of determining an application to be complete pursuant to Subsection G(5)(d)[2] above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection G(5)(c) above or disapprove any application which does not meet the requirements of Subsection G(5)(c) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
[4] 
Upon receipt of a notice of disapproval pursuant to Subsection G(5)(d)[3] above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection G(5)(c) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection G(5)(d)[3] above.
[5] 
Failure of the Zoning Officer to act within the time period prescribed in Subsections G(5)(d)[3] and [4] above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
[6] 
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 211-9D(3) through D(8).
[7] 
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
(e) 
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
(f) 
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.
(6) 
Management practices for agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
(7) 
Resource extraction. Resource extraction in the Preservation Area and Forest Area Zones is limited pursuant to N.J.A.C. 7:50-6, Part VI.
[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-17]
(a) 
Any application filed for approval of resource-extraction operations in the Pinelands shall include at least the following information:
[1] 
The applicant's name and address and his interest in the subject property.
[2] 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
[3] 
The legal description, including block and lot designation and street address, if any, of the subject property.
[4] 
A description of all existing uses of the subject property.
[5] 
A brief written statement generally describing the proposed development.
[6] 
A United States Geological Survey quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown.
[7] 
A topographic map, at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
[8] 
The location, size and intended use of all buildings.
[9] 
The location of all points of ingress and egress.
[10] 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
[11] 
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
[12] 
A soils map.
[13] 
A reclamation plan which includes:
[a] 
The method of stockpiling topsoil and overburden.
[b] 
The proposed grading and final elevations.
[c] 
The topsoil material application and preparation.
[d] 
The type, quantity and age of vegetation to be used.
[e] 
The fertilizer application, including method and rates.
[f] 
The planting method and schedules.
[g] 
The maintenance requirements schedule.
[14] 
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource-extraction activities which are contrary to any provision of this chapter or of the approved resource-extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
[15] 
A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 7:50-6.69, in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.
[16] 
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.
[17] 
When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.
(b) 
Resource-extraction operations shall be approved only if the applicant can demonstrate that the proposed operation complies with N.J.A.C. 7:50-6.68.
(c) 
All parcels of land which are used for resource extraction operations shall be restored in accordance with N.J.A.C. 7:50-6.69.
(d) 
Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this subsection shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.
(8) 
Water quality. All development within the Pinelands Area shall conform to the following water quality standards:
(a) 
All development permitted under this section shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for the purposes of this subsection.
[1] 
Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.
[Amended 8-16-1988 by Ord. No. 88-65]
[2] 
No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.
(b) 
The following point and nonpoint sources may be developed and operated in the Pinelands:
[Amended 8-16-1988 by Ord. No. 88-65]
[1] 
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection G(8)(b)[2] through [6] below, provided that:
[Amended 3-4-1997 by Ord. No. 97-17]
[a] 
There will be no direct discharge into any surface water body.
[b] 
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.
[c] 
All public wastewater treatment facilities are designed to accept and treat septage.
[d] 
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
[2] 
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection G(8)(b)[1][b] above, provided that:
[Amended 10-18-1988 by Ord. No. 88-78]
[a] 
There will be no direct discharge into any surface water body.
[b] 
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.
[c] 
Adherence to Subsection G(8)(b)[1][b] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
[Amended 3-4-1997 by Ord. No. 97-17]
[d] 
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
[Amended 3-4-1997 by Ord. No. 97-17]
[3] 
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
[a] 
There is no practical alternative available that would adhere to the standards of Subsection G(8)(b)[1][a] above.
[Amended 3-4-1997 by Ord. No. 97-17]
[b] 
There is no increase in the existing approved capacity of the facility.
[c] 
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
[4] 
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 10-18-1988 by Ord. No. 88-78; 3-4-1997 by Ord. No. 97-15; 3-4-1997 by Ord. No. 97-17]
[a] 
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.
[b] 
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection G(8)(b)[4][c] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to § 211-10M or 211-11A(12)(h).
[c] 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.
[d] 
The depth to seasonal high water table is at least five feet.
[e] 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.
[f] 
The system will be maintained and inspected in accordance with the requirements of Subsection G(8)(c)[1] below.
[g] 
The technology has been approved for use by the New Jersey Department of Environmental Protection.
[h] 
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses.
[5] 
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Added 3-4-1997 by Ord. No. 97-17[6]]
[a] 
The standards set forth in Subsection G(8)(b)[4][a] and [c] through [h] above are met.
[b] 
If the proposed development is nonresidential, it is located outside the Preservation Area and Forest Area Zones.
[c] 
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection G(8)(b)[4][c] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 211-10M or 211-11A(12)(h).
[6]
Editor's Note: This ordinance also provided for the renumbering of former Subsection G(8)(b)[5] as G(8)(b)[6].
[6] 
Surface water runoff, provided that:
[Amended 10-17-1995 by Ord. No. 95-96]
[a] 
The total runoff generated from any net increase in impervious surfaces by a ten-year storm of a twenty-four-hour duration shall be retained and infiltrated on-site. Runoff volume shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55, including the definitions, methodologies and guidance contained therein, or the Soil Conservation Service National Engineering Handbook, Section 4.
[b] 
The rates of runoff generated from the parcel by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55, including the definitions, methodologies and guidance contained therein, or the Soil Conservation Service National Engineering Handbook, Section 4.
[c] 
Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel.
[d] 
When moderately and well-drained soils are contained on a site which also contains excessively and somewhat-excessively drained soils, as defined by the Soil Conservation Service, every effort should be made to utilize the moderately or well-drained soils for recharge of runoff wherever practical.
[e] 
A minimum separation of at least two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high water table is met, or a lesser separation, when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality. For projects requiring CAFRA approval, the depth to the seasonal high water table shall be three feet.
[f] 
The stormwater maintenance requirements set forth in § 130-79 of this Code are met.
[7] 
Alternate design pilot program treatment systems, provided that:
[Added 3-4-2003 by Ord. No. 2003-25]
[a] 
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;
[b] 
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater existing from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection G(8)(b)[7][c] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 211-10M or 211-11A(12)(h);
[c] 
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
[d] 
The depth to seasonal high water table is at least five feet;
[e] 
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be eased to at least 50 feet;
[f] 
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single family dwelling;
[g] 
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
[h] 
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
[i] 
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
[j] 
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time;
[k] 
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner’s responsibility to operate and maintain it in accordance with the manual required in Subsection G(8)(b)[7][i] above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system; and
[l] 
No system shall be installed after August 5, 2007.
(c) 
Individual wastewater treatment facility and petroleum tank maintenance.
[Amended 8-16-1988 by Ord. No. 88-65]
[1] 
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Laws of 1975, the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
[a] 
Have the facility inspected by a technician at least once every three years.
[b] 
Have the facility cleaned at least once every three years.
[c] 
Once every three years, submit to the Township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
[Amended 3-4-2003 by Ord. No. 2003-31]
[2] 
The owners of commercial petroleum storage tanks shall comply with the requirements of P.L. 1986, c. 102 (N.J.S.A. 58:10A-29).
[Amended 3-4-1997 by Ord. No. 97-17]
(d) 
Prohibited chemicals and materials.
[Amended 8-16-1988 by Ord. No. 88-65]
[1] 
The use of septic tank cleaners and waste oil is prohibited in the Pinelands Area to the extent that such use will result in the direct or indirect introduction of such substances to any surface or ground water or any land.
[2] 
All storage facilities for deicing chemicals shall be lined to prevent their leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
[3] 
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless it is necessary to protect an adjacent agricultural activity.[7]
[7]
Editor's Note: Former Subsection G(8)(d)[4], concerning hazardous waste, which immediately followed this subsection, was repealed 3-4-1997 by Ord. No. 97-17.
(e) 
Water management. Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. In areas served by center sewers, water-saving devices such as water-saving toilets, showers and sink faucets shall be installed in all new development. Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.
[Amended 8-16-1988 by Ord. No. 88-65[8]]
[8]
Editor's Note: This ordinance also provided for the deletion of former Subsection G(8)(f), (g) and (h).
(9) 
Scenic. All new development in the Pinelands Area Preservation Area Zone and Forest Area Zone shall conform to the requirements of this subsection to ensure that development will take advantage of and enhance the visual character of the Pinelands.
[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-15]
(a) 
Scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the Preservation Area Zone and Forest Area Zone shall be considered scenic corridors.
(b) 
Special requirements for scenic corridors.
[1] 
Except as otherwise provided in this subsection, no permit shall be issued for development on a scenic corridor other than for agricultural product sales establishments, unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.
[2] 
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands or active agricultural operations, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection G(3) herein so as to provide screening from the corridor.
[3] 
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Subsection G(3) so as to provide screening between the building and the corridor.
[4] 
The requirements of Subsection G(9)(b)[1] through [3] above shall not apply to residential cluster developments in the FA District which comply with the standards of § 211-10S.
[Added 12-6-2011 by Ord. No. 2011-36]
(c) 
Motor screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
(10) 
Signs and billboards.
(a) 
Signs in the Pinelands Area.
[1] 
No sign, other than a warning or safety sign, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or by physical or lighting changes shall be permitted in the Pinelands Area.
[2] 
No sign, other than a warning or safety sign, which change physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Pinelands Area.
[3] 
No outdoor, off-site commercial advertising sign shall be permitted in the Pinelands Area, except that:
[Amended 10-18-1988 by Ord. No. 88-78; 3-4-1997 by Ord. No. 97-17]
[a] 
Existing lawful off-site commercial advertising signs in existence as of January 14, 1981, shall be permitted in the R-3, R-90, R-4, P, ROS, BP, BP, CC, NC, NMC and HMC Zones.
[b] 
Signs advertising agricultural commercial establishments shall be permitted, provided that:
[i] 
No more than two signs shall be placed in any one direction along each road directly approaching the establishment.
[ii] 
No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.
[4] 
Any existing sign which does not conform to Subsection G(10)(a)[1], [2] and [3] above shall not be permitted to continue beyond December 5, 1996, unless the Pinelands Commission has approved a waiver of strict compliance authorizing an extension of this date for any particular sign.
[Amended 3-4-1997 by Ord. No. 97-17]
[5] 
To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.
(b) 
Signs in the Preservation Area Zone.
[1] 
No sign shall be constructed, repaired or maintained except in accordance with the provisions of Subsection G(10)(a) and this subsection.
[2] 
The following signs are permitted in the Preservation Area Zone:
[a] 
Official public safety and information signs displaying road names and numbers and safety directions.
[b] 
On-site signs advertising the sale or rental of the premises, provided that the area on one side of any such sign shall not exceed 12 square feet and that no more than one sign is located on any parcel of land in common ownership.
[c] 
On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that the size of any such sign shall not exceed 12 square feet and that no more than one sign is placed on any single property.
[d] 
Trespassing signs or signs indicating the private nature of a road, driveway or premises and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.
[e] 
On-site business or advertising signs, provided that no more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment and that the total of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.
[f] 
(Reserved)[9]
[9]
Editor's Note: Former § 211-9G(10)(b)[2][f], regarding on-site business and advertising signs, was repealed 6-13-2000 by Ord. No. 2000-45.
[g] 
Temporary signs advertising, political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
[h] 
Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.
(11) 
Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate-, high- or extreme-hazard under the Fire Hazard Classification set out in N.J.A.C. 7:50-6.123 unless such development complies with the following standards:
[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-78]
(a) 
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.
(b) 
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
(c) 
The right-of-way of all roads will be maintained so that it provides an effective firebreak.
(d) 
A fire-hazard fuel break will be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
[1] 
In moderate-fire-hazard areas, a fuel break of 30 feet, measured outward from the structure, in which:
[a] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
All dead plant material is removed.
[2] 
In high-fire-hazard areas, a fuel break of 75 feet, measured outward from the structure, in which:
[a] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
All dead plant material is removed.
[3] 
In extreme-high-hazard areas, a fuel break of 100 feet, measured outward from the structure, in which:
[a] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] 
No pine tree (Pinus genus) is closer than 25 feet to another pine tree.
[c] 
All dead plant material is removed.
(e) 
All structures will meet the following specifications:
[1] 
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos-cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated weed shingles or shake-type roofs are prohibited in high- or extreme-fire-hazard areas.
[2] 
All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.
[3] 
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.
[4] 
Flat roofs are prohibited in areas where vegetation is higher than the roof.
[5] 
Any openings in the roof, attic and floor shall be screened.
(f) 
All residential development of 100 dwelling units or more in high- or extreme-high-hazard areas will have a two-hundred-foot-perimeter fuel break between all structures and the forest, in which:
[1] 
Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.
[2] 
All dead plant material is removed.
[3] 
Roads, rights-of-way, wetlands and waste disposal sites shall be used as firebreaks to the maximum extent practical.
[4] 
There is a specific program for maintenance.
(12) 
Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1-3 and with the New Jersey Department of Environmental Protection's publication Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities.
[Amended 8-16-1988 by Ord. No. 88-65]
(13) 
Location of utilities. New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except that those lines which are located on or adjacent to active agricultural operations, aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation in accordance with Subsection G(3). All electric transmission lines shall be located on existing towers and underground to the maximum extent practical.
[Amended 8-16-1988 by Ord. No. 88-65; 12-20-1988 by Ord. No. 88-96]
(14) 
Historic resource preservation.
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection G(14)(e)[2] below.
(b) 
Authority to issue certificates of appropriateness.
[1] 
The Planning Board shall issue all certificates of appropriateness except as specified in Subsection C(14)(b)[2] below.
[2] 
The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.
(c) 
Certificates of appropriateness shall be required for the following:
[1] 
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.
[2] 
Development not otherwise exempted from review pursuant to Subsection D(1) of this chapter where a significant resource has been identified pursuant to Subsection G(14)(e) below.
(d) 
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
(e) 
A cultural resource survey shall accompany all applications for development in the PV Zone and all applications for major development within the Pinelands Area in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing, as necessary, to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 3-4-1997 by Ord. No. 97-17]
[1] 
This requirement for a survey may be waived by the local approval agency if:
[a] 
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
[b] 
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more-comprehensive understanding of Pinelands culture; or
[c] 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection G(14)(e)[2] below.
[2] 
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
[a] 
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
[b] 
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
[c] 
The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction.
[d] 
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
(f) 
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
(g) 
The effect of the issuance of a certificate of appropriateness is as follows:
[1] 
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in Subsection G(14)(g)[2] below.
[2] 
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection G(14)(e) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this N.J.A.C. 7:50-6.154 through 7:50-6.157 shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 3-4-1997 by Ord. No. 97-17]
(h) 
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
[1] 
A narrative description of the resource and its cultural environment.
[2] 
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.
[3] 
A site plan depicting, in correct scale, the location of all buildings, structures and engineering resources.
[4] 
A New Jersey state inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
(i) 
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).
(15) 
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
[Amended 3-4-1997 by Ord. No. 97-17]
(16) 
Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include the southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
(17) 
Air quality.
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
[Amended 3-4-1997 by Ord. No. 97-17]
(b) 
Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:
[1] 
Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the NC, NMC, HMC, P, R-4, R-90 and CC Zones.
[Amended 2-21-1989 by Ord. No. 89-19; 7-20-1993 by Ord. No. 93-52; 9-20-1994 by Ord. No. 94-88; 9-2-2008 by Ord. No. 2008-88]
[2] 
Residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PA, FA and PV Zones.
[Amended 3-4-1997 by Ord. No. 97-15]

§ 211-10 Forest Area Zone (FA).

In the Forest Area Zone (FA), the following are permitted uses:
A. 
Residential dwellings on lots of 3.2 acres, in accordance with § 211-9C(2), or on lots of one acre in accordance with § 211-9C(4).
[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77]
B. 
Single-family residential dwelling units in accordance with the following, provided that clustering of the permitted dwellings shall be required in accordance with § 211-10S below whenever two or more units are proposed as part of a residential development:
[Amended 12-6-2011 by Ord. No. 2011-36]
(1) 
The minimum lot area shall be 17.0 acres.
(2) 
The minimum lot width shall be 200 feet.
(3) 
The minimum front yard setback shall be 200 feet.
(4) 
The minimum rear yard setback shall be 50 feet.
(5) 
The minimum side yard setback shall be 25 feet.
(6) 
The minimum accessory use setback shall be 25 feet.
C. 
Agriculture.
D. 
Agricultural employee housing as an element of and accessory to an active agricultural operation.
E. 
Forestry.
F. 
Low-intensity recreational uses, provided that:
(1) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
(2) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
(3) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
(4) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.
(5) 
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 12-6-2011 by Ord. No. 2011-36]
G. 
Institutional uses, including cemeteries, provided that:
(1) 
The use does not require or will not generate subsidiary or satellite development in the Forest Area.
(2) 
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.
(3) 
The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.
H. 
Pinelands resources-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
[Amended 3-4-1997 by Ord. No. 97-17]
(1) 
The parcel proposed for development has an area of at least five acres.
(2) 
The principal raw materials for the proposed use are found or produced in the Pinelands.
(3) 
The use does not require or will not generate subsidiary or satellite development in the Forest Area.
I. 
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
[Amended 3-4-1997 by Ord. No. 97-17]
J. 
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
[Amended 8-16-1988 by Ord. No. 88-65]
(1) 
The principal goods or products available for sale were produced in Pinelands.
(2) 
The sales area of the establishment does not exceed 5,000 square feet.
K. 
Roadside retail sales and service establishments, provided that:
(1) 
The parcel proposed for development has roadway frontage of at least 50 feet.
(2) 
No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979.
(3) 
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
L. 
Fish and wildlife management and wetlands management.
[Amended 12-6-2011 by Ord. No. 2011-36]
M. 
Detached single-family dwellings on lots of at least one acre in size existing as of January 14, 1981, provided that:
[Amended 11-24-1992 by Ord. No. 92-77; 12-6-2011 by Ord. No. 2011-36]
(1) 
The owner of the lot to be developed acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 17 acres.
(2) 
All lands acquired pursuant to Subsection M(1) above, which may or may not be developable, are located in the FA Zone.
(3) 
All noncontiguous lands acquired pursuant to Subsection M(1) above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 211. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
(4) 
The tax assessments for the acquired noncontiguous lands shall be combined and assigned to the land to be developed.
(5) 
The lot proposed for development otherwise meets the minimum standards of § 211-9 of this chapter.
N. 
Notwithstanding any other provision of this chapter, the owner of a parcel of land of an acre or more in the Forest Area District shall be exempt from the density limitations of this chapter, provided that:
[Amended 3-4-1997 by Ord. No. 97-17]
(1) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(2) 
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(3) 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
(4) 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
O. 
Signs.
P. 
Accessory uses.
Q. 
Minimum lot areas for nonresidential structure shall be determined by application of the standards contained in § 211-9G(8)(b)[4], whether or not the lot is to be served by a centralized sewer treatment or collection system. No nonresidential structure shall be located on a parcel of less than one acre in size.[1]
[Added 10-18-1988 by Ord. No. 88-78; amended 3-4-1997 by Ord. No. 97-17]
[1]
Editor's Note: Former Subsection R, which listed single-family in cluster developments and immediately followed this subsection, added 1-16-1990 by Ord. No. 90-06, as amended, was repealed 8-5-1997 by Ord. No. 97-59.
R. 
Single-family detached dwellings which are not clustered in accordance with § 211-10S below may be permitted as a conditional use, provided that:
[Added 12-6-2011 by Ord. No. 2011-36]
(1) 
The Planning Board finds that:
(a) 
Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or
(b) 
Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.
(2) 
Minimum lot size requirement: 17 acres.
S. 
Clustered single-family dwelling units in accordance with the following requirements:
[Added 12-6-2011 by Ord. No. 2011-36]
(1) 
Permitted density: one unit per 17 acres.
(2) 
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection S(1) above, with a bonus applied as follows:
(a) 
For parcels under 50 acres in size: zero bonus units.
(b) 
For parcels between 50 and 99.99 acres in size: 20% bonus.
(c) 
For parcels between 100 and 149.99 acres: 25% bonus.
(d) 
For parcels of 150 acres or more in size: 30% bonus.
(3) 
The residential cluster shall be located on the parcel such that the development area:
(a) 
Is located proximate to existing roads;
(b) 
Is located proximate to existing developed sites on adjacent or nearby parcels;
(c) 
Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and
(d) 
Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.
(4) 
Development within the residential cluster shall be designed as follows:
(a) 
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(b) 
The minimum yard and building requirements specified in § 211-12B for the Pinelands Village (PV) Zone shall apply;
(c) 
Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 211-9G(8)(b)[4] may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 211-9G(8)(b)[5] or [7] shall also be permitted;
(d) 
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(e) 
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
(5) 
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Stafford Township or incorporated as part of one of the lots within the cluster development area.
(a) 
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Stafford Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b) 
The deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 211.

§ 211-11 Preservation Area Zone (PA).

The following shall apply to the Preservation Area Zone (PA):
A. 
Permitted uses shall be as follows:
(1) 
Residential dwellings on lots of 3.2 acres, in accordance with § 211-9C(2), or on lots of one acre, in accordance with § 211-9C(4).
[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-77; 11-24-1992 by Ord. No. 92-77]
(2) 
Agricultural employee housing as an element of and accessory to an active agricultural operation.
(3) 
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(4) 
Forestry.
(5) 
Beekeeping.
(6) 
Fish and wildlife management and wetlands management.
[Amended 12-6-2011 by Ord. No. 2011-36]
(7) 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
(b) 
The recreational use does not involve the use of motorized vehicles, except for necessary transportation.
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
(d) 
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.
(e) 
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 12-6-2011 by Ord. No. 2011-36]
(8) 
Public service infrastructure which is necessary to serve only the needs of the Preservation Area Zone uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation Area Zone only in accordance with § 211-9G(8)(b)[2].
[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-17]
(9) 
Signs.
(10) 
Accessory uses.
(11) 
Continuation of resource-extraction operations which were registered with the Pinelands Commission on or before January 21 1981, and received all necessary development permits for resource extraction on or before December 31, 1985. In such cases, the area of extraction is limited to the value given under the category "acreage to be mined" on the mine registration application submitted to the Department of Labor and Industry as of February 7, 1979, or the area approved by a valid municipal permit as of February 7, 1979, in the case of an operation exempted from registration with the Department of Labor and Industry.
[Amended 8-16-1988 by Ord. No. 88-65]
(12) 
Allocation of Pinelands development credits.
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection A(12)(b) below, every parcel of land in the Preservation Area Zone shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 11-24-1992 by Ord. No. 92-77]
(b) 
Pinelands development credits are hereby established in the Preservation Area Zone at the following ratios:
[1] 
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.
[Amended 3-4-1997 by Ord. No. 97-17]
[2] 
Uplands which are mined as a result of a resource-extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.
[3] 
Other uplands: one Pinelands development credit per 39 acres.
[4] 
Wetlands: two-tenths (0.2) Pinelands development credit per 39 acres.
(c) 
The allocations established in Subsection A(12)(b) above shall be reduced as follows:
[Amended 10-2-1990 by Ord. No. 90-55]
[1] 
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
[2] 
The Pinelands development credit entitlement of a parcel of land shall be reduced by 1/4 Pinelands development credit for each existing dwelling unit on the property.
[3] 
The Pinelands development credit entitlement for a parcel of land shall be reduced by 1/4 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection A(12)(g) below or when a variance for cultural housing is approved by the Township pursuant to § 211-9C(4) of this chapter.
[Amended 11-24-1992 by Ord. No. 92-77]
[4] 
The Pinelands development credit entitlement for a parcel of land shall also be reduced by twenty-five hundredths (0.25) Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 11-24-1992 by Ord. No. 92-77]
(d) 
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection A(12)(b) above.
(e) 
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred, except to a member of the owner's immediate family. This section shall also apply to owners of record of less than 0.10 acres of land in the Preservation Area Zone as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(12)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 10-2-1990 by Ord. No. 90-55; 3-4-1997 by Ord. No. 97-17]
(f) 
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity to those uses set forth in Subsection A(12)(h) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 3-4-1997 by Ord. No. 97-17]
(g) 
Notwithstanding the provision of Subsection A(12)(f) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 1/4 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Amended 10-2-1990 by Ord. No. 90-55]
(h) 
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained. Such deed restriction shall specify the number of Pinelands development credits sold and that the property in the Preservation Area Zone may only be used in perpetuity for the following uses: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; and low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces.
[Amended 12-6-2011 by Ord. No. 2011-36]
(i) 
Pinelands development credits shall be used in the following manner:
[Added 11-24-1992 by Ord. No. 92-77]
[1] 
To permit development of parcels of land in the P, R-4 and R-90 Zones according to the density and lot area requirements set forth in §§ 211-19G, 211-20H and 211-21G of this chapter.
[Amended 9-2-2008 by Ord. No. 2008-88]
[2] 
When a variance of density or minimum lot area requirements for the P, NC, NMC, R-3, R-4 or R-90 Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Amended 3-4-1997 by Ord. No. 97-17]
[3] 
When a variance or other approval for a nonresidential use not otherwise permitted in the P, R-4 or R-90 Zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 7-3-2001 by Ord. No. 2001-45; 9-2-2008 by Ord. No. 2008-88]
[4] 
When a variance or other approval for a residential use in the BP, S, CO, CC, HMC or ROS Zones is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
[Amended 7-20-1993 by Ord. No. 93-52; 9-20-1994 by Ord. No. 94-88; 7-3-2001 by Ord. No. 2001-45]
[5] 
When a variance for cultural housing is granted by the Township in accordance with § 211-9C(4) of this chapter.
[6] 
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[7] 
When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV Zone is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 3-4-1997 by Ord. No. 97-17]
(j) 
In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.
[Added 11-24-1992 by Ord. No. 92-77]
(13) 
Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 211-9G(8)(b)[4], whether or not the lot is to be served by a centralized sewer treatment or collection system pursuant to Subsection A(8) above. No nonresidential structure shall be located on a parcel of less than one acre in size.
[Added 10-18-1988 by Ord. No. 88-78; amended 3-4-1997 by Ord. No. 97-17]
B. 
Area, yard and building requirements shall be as follows:
[Added 10-1-2002 by Ord. No. 2002-79]
(1) 
The minimum lot width shall be 200 feet.
(2) 
The minimum front yard setback shall be 200 feet.
(3) 
The minimum rear yard setback shall be 50 feet.
(4) 
The minimum side yard setback shall be 25 feet.
(5) 
The minimum accessory structure setback shall be 25 feet.

§ 211-12 Pinelands Village Zone (PV).

The following shall apply on the Pinelands Village Zone (PV):
A. 
Permitted uses shall be as follows:
(1) 
Residential dwellings if served by an on-site septic wastewater system.
[Amended 8-16-1988 by Ord. No. 88-65[1]]
[1]
Editor's Note: This ordinance also provided for the deletion of former Subsection A(2) and the renumbering of the remaining subsections of Subsection A.
(2) 
All uses permitted in the Forest Area Zone, subject to the standards and requirements contained therein, provided that:
(a) 
A public service infrastructure necessary to support the use is available or can be provided without any development in the Preservation Area Zone and Forest Area Zone.
(b) 
The character and magnitude of the use is compatible with existing structures and uses in the village.
(3) 
All other uses, provided that the applicant can demonstrate that said use is consistent with the character and magnitude of existing development in the Pinelands Village and that the use proposed can comply with the on-site wastewater system requirements contained in Subsection A(1) above, specifically as they relate to minimum lot size requirements for this zoning district.
(4) 
Signs.
(5) 
Accessory uses.
(6) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-45]
(7) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
B. 
Area, yard and building requirements. Development of residential dwellings and all other uses served by an on-site wastewater system shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-65]
(1) 
The minimum lot area shall be 1.0 acre (43,560 square feet).
(2) 
The minimum lot width shall be 150 feet.
(3) 
The minimum front yard setback shall be 50 feet.
(4) 
The minimum side yard setback shall be 20 feet.
(5) 
The minimum rear yard setback shall be 40 feet.
(6) 
The maximum building height shall be 35 feet.
(7) 
The minimum accessory use setback shall be 20 feet.
C. 
Permitted conditional uses.
[Added 5-3-1994 by Ord. No. 94-45]
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(1), Community residences for the developmentally disabled and community shelters for victims of domestic violence, was repealed 4-2-2002 by Ord. No. 2002-21.

§ 211-13 Riparian Buffer Conservation Zone (RBCZ). [1]

[Added 7-1-2008 by Ord. No. 2008-57]
A. 
Intent and purpose. The governing body of Stafford Township finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of Stafford, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate Riparian Buffer Conservation Zones and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of Stafford; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within Stafford; to protect the riparian and aquatic ecosystems of Stafford; to provide for the environmentally sound use of the land resources of Stafford, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives. The specific purposes and intent of this section are to:
(1) 
Restore and maintain the chemical, physical, and biological integrity of the water resources of Stafford;
(2) 
Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed sheet flow prior to reaching receiving waters;
(3) 
Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;
(4) 
Provide for the availability of natural organic matter (fallen leaves and twigs) and large woody debris (fallen trees and limbs) that provide food and habital for small bottom-dwelling organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;
(5) 
Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;
(6) 
Maintain base flows in streams and moisture in wetlands;
(7) 
Control downstream flooding; and
(8) 
Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.
B. 
Statutory authority. The municipality of Stafford is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACTIVITY
Any land disturbance, including any development for which an application for development is necessary.
CATEGORY ONE (C1) WATERS
The meaning ascribed to this term by the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15, which waters have been identified for protection from degradation in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
CATEGORY TWO WATERS
Those waters not designated as "outstanding natural resource waters" or Category One in the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15 for purposes of implementing the antidegradation policies set forth at N.J.A.C. 7:9B-1.5(d).
FLOODWAY
The meaning ascribed to this term by the Flood Hazard Area Control Act and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq. and any supplementary or successor legislation and regulations from time to time enacted or promulgated.
HYDROLOGIC UNIT CODE (HUC 14)
An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
INTERMITTENT STREAM
Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Streams shown as a dashed line on either the USGS Topographic Quadrangle Maps or the USDA County Soil Survey Maps of the most recent edition that includes hydrography are included as intermittent streams.
LAKE, POND, OR RESERVOIR
Any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
LAND-DISTURBING ACTIVITY
Any grading, scraping, excavating or filling of land, clearing of vegetation, and any other construction or addition to the footprint of a structure.
PERENNIAL STREAM
A stream that flows continuously throughout the year in most years.
RIPARIAN BUFFER CONSERVATION ZONE (RBCZ)
An area of land or water within or adjacent to a surface water body within the municipality.
STREAM (WATERWAY)
Any perennial stream or river that is portrayed as a solid line on a U.S. Department of Agriculture Soil Survey Map of the most recent edition, and any intermittent stream or river that is portrayed as a dashed line on a U.S. Department of Agriculture Soil Survey Map of the most recent edition; any lake or impoundment that does not lie entirely within a single parcel of land. For the purposes of this section, the buffer does not apply to man-made stormwater management facilities, farm ponds, foundations and/or ornamental ponds.
SURFACE WATER BODY
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any state open waters identified in a letter of interpretation issued by the New Jersey Department of Environmental Protection Land Use Regulation Program shall also be considered surface water bodies.
TOP OF BANK
The upper ridgeline of the confining channel.
D. 
Applicability.
(1) 
For all major subdivisions, minor subdivisions and site plans that are located within regulated water bodies and their associated riparian buffer conservation zones.
(2) 
The Flood Hazard Area Control Act, N.J.A.C. 7:13 et seq., requirements and provisions limit the type of disturbance and activities within all surface waters and their associated buffers.
(3) 
The provisions of this section shall not apply within any portion of the Township within the Pinelands Area. All development occurring within the Pinelands Area shall be governed by the provisions of the Pinelands Comprehensive Management Plan; the provisions of § 211-9; and such other sections of Code of the Township of Stafford as are applicable thereto.
[Amended 7-13-2010 by Ord. No. 2010-20]
E. 
Establishment of Riparian Buffer Conservation Zones.
(1) 
Riparian Buffer Conservation Zones (RBCZs) shall be delineated as follows:
(a) 
In the case of Category One (C1) waters and perennial or intermittent streams that drain into or upstream of the C1 waters within the associated HUC 14 drainage, the RBCZ shall extend 300 feet.
(b) 
For areas adjacent to surface water bodies designated Category Two Waters for Trout Production (FW2-TP), the RBCZ shall be measured from the defined edge of the intermittent or perennial stream, or center line if the bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 150 feet horizontally outward from the perpendicular. Where steep slopes (in excess of 10%) are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area.
(c) 
For areas with threatened and endangered species habitat, trout resources and acid soil waters and the land one mile upstream from such areas, the buffer shall extend 150 feet. For areas adjacent to other surface water bodies, the RBCZ shall be measured from the top of bank of an intermittent or perennial stream, or center line if bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 50 feet horizontally outward from the perpendicular. Where steep slopes (in excess of 15%) are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.
(d) 
For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in Subsection E(1)(a) or E(1)(b), whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site-specific information is available.
(2) 
An RBCZ is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the RBCZ differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:
(a) 
Building permit;
(b) 
Zoning variance and/or zoning permit;
(c) 
Special exception;
(d) 
Conditional use; or
(e) 
Subdivision/land development approval.
(3) 
The applicant or designated representative shall be responsible for the initial determination of the presence of an RBCZ on a site and for identifying the area on any plan submitted to Stafford in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, governing body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
F. 
Uses permitted and performance standards for Riparian Buffer Conservation Zones.
(1) 
Permitted uses are governed and shall comply with N.J.A.C. 7:8-5.5(h) and 7:13-10.2, unless otherwise exempt.
(2) 
All encroachments proposed within RBCZs and other waters shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and N.J.A.C. 7:13-10.2 and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.
G. 
Activities regulated by Flood Hazard Area Control Act.[2]
(1) 
Any action that includes or results in one or more of the following constitutes a regulated activity if undertaken in a regulated area, as described at N.J.A.C. 7:13-2.3:
(a) 
The alteration of topography through excavation, grading and/or placement of fill;
(b) 
The clearing, cutting and/or removal of vegetation in a riparian zone;
(c) 
The creation of impervious surface;
(d) 
The storage of unsecured material;
(e) 
The construction, reconstruction and/or enlargement of a structure; and
(f) 
The conversion of a building into a private residence or a public building.
(2) 
The landowner or applicant shall engage in a regulated activity in a regulated area without a flood hazard area permit as required by N.J.A.C. 7:13.
[2]
Editor's Note: See N.J.S.A. 58:16A-50 et seq.
H. 
Nonconforming structures and uses in Riparian Buffer Conservation Zones. Nonconforming structures and uses of land within the RBCZ are subject to the following requirements:
(1) 
Legally existing but nonconforming structures or uses may be continued.
(2) 
Any proposed enlargement or expansion of the building footprint within an RBCZ shall comply with the standards in N.J.A.C. 7:8-5.5(h) and 7:13-10.2.
I. 
Submission requirements. Any application subject to the requirements of this section must submit an environmental impact statement.
J. 
Boundary interpretation, appeals procedures, inspections. The Township of Stafford has no jurisdiction to dispute the boundaries of an RBCZ. Any boundary interpretation or appeal must be subject to approval by NJDEP.
K. 
Enforcement. A prompt investigation shall be made by Stafford of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of Stafford, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
[1]
Editor's Note: Former § 211-13, Special Business Zone (SB), as amended, was repealed 3-4-1997 by Ord. No. 97-15.

§ 211-14 Neighborhood Commercial Zone (NC).

The following shall apply in the Neighborhood Commercial Zone (NC):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Offices for members of a recognized profession or business, including but not limited to a physician, dentist, architect, engineer, planner, attorney, real estate broker, insurance agent or accountant and music, art or photography studios.
(2) 
Any retail shopping facility or service establishment which supplies commodities or performs a service primarily for residents of the surrounding neighborhood, such as food convenience stores, delicatessens, meat markets, drugstores, variety stores, bakery shops, beauty shops, and dry cleaners.
[Amended 11-5-2007 by Ord. No. 2007-98]
(3) 
Child-care centers.
[Amended 5-3-1994 by Ord. No. 94-45]
(4) 
(Reserved)[1]
[Amended 5-18-1993 by Ord. No. 93-31]
[1]
Editor's Note: Former Subsection A(4), Detached single-family dwelling, amended 5-18-1993 by Ord. No. 93-31, was repealed 11-5-2007 by Ord. No. 2007-98.
(5) 
Veterinaries.
[Amended 5-18-1993 by Ord. No. 93-31]
(6) 
Financial institutions.
[Amended 5-18-1993 by Ord. No. 93-31]
(7) 
Churches and other places of worship.
(8) 
Clubs and activities of a quasi-public, social, fraternal or recreational character.
[Amended 11-5-2007 by Ord. No. 2007-98]
(9) 
Restaurants, excluding fast-food and drive-through restaurants.
[Amended 11-5-2007 by Ord. No. 2007-98]
(10) 
Funeral homes.
[Added 2-16-1993 by Ord. No. 93-10]
B. 
Required accessory uses shall be as follows. When any two or more commercial uses and activities are combined in one building or group of attached buildings, each commercial activity shall be considered a separate use for the purposes of providing off-street parking and loading, except as provided elsewhere herein.
(1) 
Off-street parking.
(2) 
Off-street loading.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
D. 
Permitted signs shall be as follows:
(1) 
One lighted home occupation announcement sign not exceeding two square feet in area.
(2) 
One lighted sign, not to exceed 20 square feet in area, for each access drive to a hospital, church, school, college or similar use, plus additional signs, not to exceed four square feet in area, to provide direction to a specific building or buildings and to off-street parking areas.
(3) 
Illuminated business signs, provided that the total area of any sign shall not exceed 40 square feet.
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E(1), Home occupations, was repealed 11-1-1994 by Ord. No. 94-96.
(2) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.
(3) 
Combined residential and commercial uses in one structure, provided that the minimum floor area for the residential unit meets the requirements of this chapter, and further provided that only one residential unit shall be permitted in a building which has a square footage of up to 5,000 square feet. In regard to any building which has square footage in excess of 5,000 square feet, no residential unit shall be permitted.
F. 
Area, yard and building requirements. An attached group of stores shall be considered one building for application of the following area, yard and building requirements.
(1) 
The minimum lot area shall be 18,000 square feet. No nonresidential use in the Neighborhood Commercial Zone shall be located on a parcel of less than one acre unless served by a sanitary sewer system. No residential dwelling unit in the Neighborhood Commercial Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.
[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77; 6-11-2002 by Ord. No. 2002-38; 3-4-2003 by Ord. No. 2003-25]
(2) 
The minimum lot width shall be 100 feet.
(3) 
The minimum lot depth shall be 100 feet.
(4) 
The minimum front yard setback shall be 60 feet from any proposed right-of-way line shown on the Master Plan. Said setback may be decreased to the prevailing setback on Bay Avenue with appropriate adjustments made in the location of parking areas.
(5) 
The minimum side yard setback shall be 20 feet.
(6) 
The minimum rear yard setback shall be 20 feet.
(7) 
The maximum building height shall be 40 feet.
(8) 
The maximum percent of building and impervious cover shall be 65%.
(9) 
The minimum percentage of green space shall be 35% and no more than 40% of the required green space shall be provided in the rear yard or side yard behind buildings.
[Amended 11-26-1991 by Ord. No. 91-69]
G. 
Access restrictions. Access to all uses, with the exception of professional and medical offices, shall be prohibited from local residential streets.
[Added 5-3-1994 by Ord. No. 94-45]

§ 211-14.1 Community Commercial Zone (CC).

[Added 5-3-1994 by Ord. No. 94-45]
The following shall apply in the Community Commercial Zone (CC):
A. 
Permitted uses shall be as follows:
(1) 
Retail sale of goods which may include the following:
(a) 
Supermarkets, grocery stores and food markets.
(b) 
Drug stores.
(c) 
Dry goods stores.
(d) 
Meat and poultry stores.
(e) 
Baked goods stores.
(f) 
Packaged liquor stores.
(g) 
Flower shops.
(h) 
Confectionery stores.
(i) 
Household supplies stores.
(j) 
Stationary supplies, tobacco and periodical stores.
(k) 
Haberdashery, dress goods and notions.
(l) 
Hardware, plumbing supplies and electrical supplies.
(m) 
Boat supplies and automobile supplies.
(n) 
Shops of artisans and craftsmen.
(o) 
Furniture and appliance stores.
(p) 
Gift shops.
(2) 
Personal service establishments which may include the following:
(a) 
Barbershops and beauty shops.
(b) 
Tailoring and dressmaking shops.
(c) 
Dry-cleaning and laundry collection shops.
(d) 
Shoe repair shops.
(e) 
Appliance repair shops.
(f) 
Radio and television repair shops.
(g) 
Self-service laundries.
(h) 
Art, dancing, music, gymnastics and other similar instructional schools.
(3) 
Business and professional offices and banks and financial institutions.
(4) 
Restaurants, lunchrooms, deli and other eating and dining establishments.
(5) 
Child-care centers.
(6) 
Private and quasi-public club recreation areas.
(7) 
Federal, state, county and municipal buildings and grounds, but excluding schools.
(8) 
Funeral homes.
(9) 
Churches and other places of worship.
(10) 
Essential services.
(11) 
Mixed use, complying with planned unit development requirements, provided that the following conditions are met:
[Added 11-5-2007 by Ord. No. 2007-98; amended 9-2-2008 by Ord. No. 2008-88]
(a) 
Planned unit development shall be an area developed with the intent that all steps or phases and elements of development shall be combined into one plan for the entire zone, even if the development of the area may be accomplished in several steps or phases, and shall specifically intend to create a balanced development composed of integrated uses developed in accordance with an overall plan for the development.
(b) 
The minimum area of a planned unit development shall be 10 acres, which may be contiguous or noncontiguous so long as it is developed as a single entity according to a plan.
(c) 
The following shall be principally permitted in a planned unit development: mixed-use buildings.
(d) 
Accessory uses in a planned unit development shall be as follows: other accessory uses and buildings which are clearly incidental to the principal use and building.
(e) 
Conditional uses: none.
(f) 
Residential density standards and limitations in a planned unit development shall be as follows:
[1] 
The residential density shall not exceed 11 units per acre, calculated based on the developable area of land devoted exclusively to a mixed-use building and associated improvements.
[2] 
Pinelands development credits. Pinelands development credits shall be acquired and redeemed at the rate of one right for every 3.33 market rate residential units 30%.
[3] 
The minimum distance between structures shall be equal to 1/2 the total height of the adjacent structures.
[4] 
The maximum building height shall be three stories, not to exceed a maximum of 36 feet.
(g) 
Other standards and requirements for PUD development shall be as follows:
[1] 
The development shall be served by public sewer and water facilities.
[2] 
Setback from public streets. All buildings, parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas, shall be set back a minimum of 35 feet from Route 72 and 25 feet from any other public street.
[3] 
Setback from property lines. All buildings, parking areas and other aboveground improvements, including access drives, but excluding landscaping and screening areas, shall be set back a minimum of 20 feet from all side and rear lot lines.
[4] 
Building length. No principal building, when viewed from any elevation, shall be greater than 180 feet in length.
[5] 
Refuse and recycling storage. The refuse and recycling storage area shall be suitably located and arranged for access and ease of collection. Such storage area shall not be part of, restrict, or occupy any parking aisle and shall not be located farther than 300 feet from the entrance to any unit which it is intended to serve. All refuse and recycling storage areas shall be adequately screened.
[6] 
Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dawn to dusk. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.
[7] 
Concrete walkways at least four feet wide or of such other dimension and composition as may be approved by the Planning Board shall be provided where normal pedestrian traffic is likely to occur.
[8] 
Open storage of materials. No open display or storage of products, materials and equipment shall be permitted.
[9] 
Transition requirement. There shall be established along the line of any side or rear lot that is contiguous to any residential or conservation district, unless the side or rear lot line coincides with a state or federal highway or railroad, a buffer area of at least 35 feet in width. The buffer area shall be landscaped and fenced to provide appropriate screening.
[10] 
Off-street parking space may be located in the side and rear yards, and no parking space shall be located nearer than 15 feet to any street, nor closer than 10 feet to any building.
[11] 
Signs. Sign restrictions shall be as provided in accordance with § 211-35P.
[12] 
Parking. Parking requirements shall be as provided in accordance with § 130-81.
[13] 
Open space regulations.
[a] 
In reviewing applications for a PUD development, the Planning Board will require evidence that adequate open space in appropriate locations will be available.
[b] 
Open space must have safe and convenient pedestrian access.
[c] 
Open space shall consist of any combination of common space, public open space and public areas. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.
[14] 
Circulation.
[a] 
All existing roads and proposed roads to be dedicated shall be improved and/or constructed in accordance with the Township standards.
[b] 
The right-of-way and pavement widths for improvement of private ways, roads and alleys shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles. Internal private roads shall have a required pavement width as follows:
[i] 
Two-way traffic roads: 30 feet paved width with parallel parking on both sides; 28 feet with parking on one side. The right-of-way width of said streets shall be at least 50 feet.
[ii] 
Service ways for public service and emergency vehicles shall be no less than 15 feet in width.
[15] 
Affordable housing. All new planned unit development within the CC District shall include any affordable housing generated by the project pursuant to regulations of the Council on Affordable Housing (COAH), as adopted or amended.
(h) 
Application procedure.
[1] 
An applicant has the option of submitting a planned unit development application according to general development plan procedures, pursuant to N.J.S.A. 40:55D-45.1 through 40:55D-45.8.
[2] 
The applicant shall initially submit a sketch plan for the entire tract. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter 130 and, further, shall indicate the general location of buildings, parking areas and roadways as well as any other significant site development features planned by the applicant. The purposes of the sketch development plan are:
[a] 
To establish the land use plan for the site.
[b] 
To establish staging or phasing of site development.
[c] 
To determine at the earliest possible time any off-site improvements required as a result of the development.
[d] 
To determine design criteria for buffer areas, parking lot locations, open space areas, etc., as applicable.
[3] 
The applicant, after approval of the overall development plan, shall proceed with formal site plan applications for all phase(s) of the development.
[4] 
Preliminary application for development shall be made in accordance with all the regulations and procedures as set forth for a major subdivision and major site plan as set forth in the Land Use Ordinance.[1]
[1]
Editor's Note: See Ch. 130, Land Use and Development.
[5] 
In addition to the requirements for subdivision and site plan map submission and other requirements, a PUD development application shall include such information as is reasonably necessary to disclose the following:
[a] 
The location, district and size of the land, and the nature of the landowner's interest in the land to be developed.
[b] 
The type of land use to be allocated to parts of the site to be developed.
[c] 
The location and size of any open space.
[d] 
The use and the approximate height, bulk and location of buildings and other structures.
[e] 
A traffic improvement plan setting forth on- and off-site improvements, scheduling as a function of development and detailing of permit requirements necessary to complete.
[f] 
The feasibility of proposals for the disposition of sanitary waste and stormwater and for the provision of other utilities and services, such as water supply and solid waste disposal.
[g] 
The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.
[h] 
The provision for the parking of vehicles and the location and width of proposed streets and public ways.
[i] 
In the case of plans which call for development over a period of years, a schedule showing the proposed times within which the application for final approval of all sections of the development are intended to be filed and the developer's financial responsibility.
[j] 
Environmental assessment statement. A written assessment of the short- and long-term impacts of the proposed development shall be prepared and filed. The statement shall detail methods and procedures to be established to ameliorate any adverse impact upon the environment.
B. 
Required accessory uses shall be the same as for the Neighborhood Commercial Zone (NC).
C. 
Permitted accessory uses shall be the same as for the Neighborhood Commercial Zone (NC).
D. 
Permitted signs shall be the same as for the Highway Commercial (HC) Zone.
E. 
Conditional uses shall be as follows:
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E(1), Motor vehicle service stations, was repealed 11-5-2007 by Ord. No. 2007-98.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 43,560 square feet.
(2) 
The minimum lot width shall be 200 feet.
(3) 
The minimum lot depth shall be 200 feet.
(4) 
The minimum front yard setback shall be 90 feet from Route No. 72 paved road surface and 50 feet from rights-of-way on all other streets.
(5) 
The minimum side yard setback shall be 50 feet.
(6) 
The minimum rear yard setback shall be 40 feet.
(7) 
The maximum height shall be 50 feet.
(8) 
The maximum percent of lot coverage for buildings and all impervious surface areas shall be 55%.
[Amended 9-20-1994 by Ord. No. 94-88]
(9) 
The minimum unoccupied open space shall be 45%.
[Amended 9-20-1994 by Ord. No. 94-88]

§ 211-15 Marine Commercial Zone (MC).

The following shall apply in the Marine Commercial Zone (MC):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), Detached single-family dwellings, was repealed 11-5-2007 by Ord. No. 2007-98.
(2) 
Marinas, boat sales and repair businesses.
(3) 
Retail stores.
(4) 
Outside boat storages.
(5) 
Aquaculture.
[Amended 5-18-1993 by Ord. No. 93-32[2]]
[2]
Editor's Note: This ordinance also provided for the repeal of former subsections A(5), regarding government uses, and A(9), motels and the renumbering of former A(6) through (10) as A(5) through (8).
(6) 
Restaurants.
[Amended 5-18-1993 by Ord. No. 93-32]
(7) 
Hotels/motels with a minimum of 100 guest sleeping rooms.
[Amended 5-18-1993 by Ord. No. 93-32; 6-24-1997 by Ord. No. 97-48]
(8) 
Essential services.
[Amended 5-18-1993 by Ord. No. 93-32]
(9) 
Child-care centers.
[Added 5-3-1994 by Ord. No. 94-43]
(10) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(11) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
(12) 
Bed-and-breakfasts.
[Added 11-14-1995 by Ord. No. 95-104]
(13) 
Combined residential and commercial uses in one structure or on one lot, provided that the minimum floor area for the residential unit meets the requirements of this chapter, and further provided that only one residential unit shall be permitted in a building which has a square footage of up to 5,000 square feet. In regard to any building which has square footage in excess of 5,000 square feet, no residential unit shall be permitted.
[Added 7-21-1998 by Ord. No. 98-51]
(14) 
Inns.
[Added 1-18-2005 by Ord. No. 2005-5]
(15) 
Boatels with a maximum of 11 guests suites.
[Added 6-20-2006 by Ord. No. 2006-42]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
D. 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D, Permitted signs, as amended 5-16-1989 by Ord. No. 89-38, was repealed 9-7-1999 by Ord. No. 99-58.
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(1), which concerned home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.
(3) 
Helistops, subject to the provisions of § 211-35W.
[Added 7-21-1998 by Ord. No. 98-51[6]]
[6]
Editor's Note: This ordinance also repealed former Subsection E(3), regarding combined residential and commercial uses in one structure.
(4) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection E(4), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
(5) 
Home occupations subject to the provisions of § 211-135U.
[Added 6-24-1997 by Ord. No. 97-44]
F. 
Area, yard and building requirements for commercial uses shall be as follows:
(1) 
The minimum lot area shall be one acre (43,560 square feet).
(2) 
The minimum lot width shall be 150 feet.
(3) 
The minimum lot depth shall be 175 feet.
(4) 
The minimum front yard setback shall be 40 feet.
(5) 
The minimum side yard setback shall be 20 feet.
(6) 
The minimum combined side yard setback shall be 40 feet.
(7) 
The minimum rear yard setback shall be 30 feet.
(8) 
The minimum accessory building side and rear yard setback shall be 20 feet.
(9) 
The maximum building height shall be 50 feet.
(10) 
The minimum percentage of green space shall be 35%, and no more than 40% of the required green space shall be provided in the rear yard or side yard behind buildings.
[Amended 11-26-1991 by Ord. No. 91-69]
(11) 
The maximum percent of building and impervious cover shall be 65%.
(12) 
Exceptions to the maximum building height of 50 feet and bulk requirements for nonresidential structures shall be granted by the Zoning Officer in order to meet Federal Emergency Management Agency (FEMA) regulations, provided the following standards are met, as applicable:
[Added 6-20-2006 by Ord. No. 2006-42]
(a) 
An existing structure is to be raised or elevated above the base flood elevation (BFE) for the area within which the structure is located as established by FEMA.
(b) 
The height of the building shall not exceed 50 feet. The height of the building shall be the vertical distance measured from either the bottom of the lowest structural member in the VE Zone or the first floor elevation in the AE Zone to the highest point of the building, exclusive of exceptions provided for elsewhere in this chapter.
(c) 
Any voluntary reconstruction is within the same footprint of existing structures and complies with recommended construction techniques as provided for in FEMA’s Coastal Construction Manual.
G. 
Area, yard and building requirements for residential uses: All area, setback, lot depth, width and yard requirements will be the same as the RA Zone, and sanitary sewer facilities must be provided.
[Amended 8-16-1988 by Ord. No. 88-60]

§ 211-15.1 Recreational Marine Commercial Zone (RMC).

[Added 6-13-1989 by Ord. No. 89-40]
A. 
Permitted uses.
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(1), Detached single-family dwellings, was repealed 11-5-2007 by Ord. No. 2007-98.
(2) 
Essential services.
(3) 
Rental boat slips.
(4) 
Aquaculture.
(5) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(6) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
B. 
Required accessory uses.
(1) 
Off-street parking.
C. 
Permitted accessory uses.
(1) 
Detached residential garages and sheds.
(2) 
Private swimming pools.
(3) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D, Permitted signs, as amended 11-21-1989 by Ord. No. 89-68 and 4-7-1992 by Ord. No. 92-14, was repealed 9-7-1999 by Ord. No. 99-58.
E. 
Conditional uses.
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(1), which concerned home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements.
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot depth: 80 feet.
(4) 
Minimum front yard setback: 20 feet, provided that 15 feet shall be permitted at the end of a cul-de-sac or lagoon end lots.
(5) 
Minimum side yard setback: four feet.
(6) 
Minimum combined side yard setback: 10 feet.
(7) 
Minimum rear yard setback: 20 feet.
(8) 
Minimum accessory building side yard setback: six feet, and a rear yard of 10 feet, provided that lagoon end lots shall provide for a side yard setback of four feet and a rear yard setback of six feet from the bulkhead for aboveground pools and storage sheds under 100 square feet.
(9) 
Maximum building height: 35 feet.
(10) 
Maximum percent building lot coverage: 40%.
(11) 
Minimum rear yard setback for lagoon front properties, meaning setback from opened structures, such as decks, whether on first or second floor: 10 feet.
G. 
Requirements for boat slips.
(1) 
Off-street parking at one parking space per boat slip.
(2) 
Associated marine uses, such as but not limited to gas pumps, bait and tackle, commercial boat storage, boat sales or repair business, would be subject to the site plan requirements as provided in Chapter 130 of the Code of Stafford Township.

§ 211-16 Rural Residential Zone (RA).

The following shall apply in the Rural Residential Zone (RA):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Detached single-family dwellings.
(2) 
All farm and agricultural activities, provided that no building or area enclosing farm animals and livestock shall be permitted within 100 feet of any property line.
(3) 
Buildings used for private or commercial horticulture or agricultural, provided that no greenhouse heating plant or building shall be permitted within 50 feet of any lot line.
(4) 
Stables housing horses for private use, provided that a minimum of one acre of lot area shall be provided for each horse, and no building or enclosure shall be located within 100 feet of any lot line.[1]
[1]
Editor's Note: Former Subsections A(5) through (8), which immediately followed this subsection and which provided for further permitted uses, as amended, were repealed 5-18-1993 by Ord. No. 93-32.
(5) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(6) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.[2]
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
[2]
Editor's Note: Former Subsection A(7), which immediately followed this subsection and which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.
(7) 
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs shall be as follows:
[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses. The following uses shall be permitted in the RA Zone, subject to the issuance of a conditional use permit:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(2), concerning cluster developments, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-58.
(3) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
(4) 
Integrated commercial development subject to the requirements of § 211-35S.
[Added 5-3-1994 by Ord. No. 94-43]
(5) 
Churches and other places of worship, provided that the property fronts on and has direct access to Route 9.
[Added 5-3-1994 by Ord. No. 94-43]
(6) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection E(6), concerning various health care facilities, added 5-3-1994 by Ord. No. 94-43, was repealed 10-21-1997 by Ord. No. 97-85.
(7) 
Bed-and-breakfasts with frontage on Route 9 or Bay Avenue.
[Added 11-14-1995 by Ord. No. 95-104]
F. 
Area, yard and building requirements shall be as follows:
[Amended 1-21-1992 by Ord. No. 92-06; 8-5-1997 by Ord. No. 97-58; 3-20-2007 by Ord. No. 2007-34; 11-5-2007 by Ord. No. 2007-98]
(1) 
The minimum lot area shall be one acre (43,560 square feet) for properties with access to existing public sewer service.
(2) 
The minimum lot area shall be four acres (174,240 square feet) for properties without existing public infrastructure (on septic) and be governed by the area, yard and building requirements of § 211-17E herein.
[Amended 7-1-2008 by Ord. No. 2008-58]
(3) 
The minimum lot width shall be 150 feet.
(4) 
The minimum lot depth shall be 175 feet.
(5) 
The minimum front yard setback shall be 50 feet.
(6) 
The minimum side yard setback shall be 20 feet.
(7) 
The minimum combined side yard setback shall be 50 feet.
(8) 
The minimum rear yard setback shall be 40 feet.
(9) 
The minimum accessory building side and rear yard setback shall be 15 feet, except as otherwise specified in this chapter.
(10) 
The maximum building height shall be 35 feet.
(11) 
The maximum percent of building coverage shall be 10%.
(12) 
The maximum percent of impervious surface coverage on any lot shall be 25%. However, the maximum impervious surface coverage allowed shall increase to 30% upon the installation of dry wells for roof runoff, in accordance with the standards delineated with § 130-72E.
(13) 
Internal walkways and patios shall be set back at least three feet from the lot line.

§ 211-17 Low-Density Rural Residential Zone (RA-4).

[Added 11-5-2007 by Ord. No. 2007-98[1]]
A. 
Permitted uses shall be as follows:
(1) 
Detached single-family dwellings.
(2) 
Recreational facilities; clubs; activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs; or fraternal organizations.
(3) 
Cemeteries.
(4) 
Family day-care homes.
(5) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
(6) 
Commercial farms, farm markets and pick-your-own farms.
(7) 
Parks and playgrounds.
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
D. 
Permitted signs shall be as follows:
(1) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
(2) 
Exception for signs for commercial farms, farm markets and pick-your-own farms only. One identification sign shall be permitted for a permitted commercial farm, farm market or pick-your-own farm subject to the restrictions listed below. In addition, one or more directional signs may be permitted subject to the review and approval of the location and placement of such signage by the Township Traffic Engineer and submission of proof of easement and/or required permits or authorization from the New Jersey Department of Transportation or Ocean County, as applicable. The size of directional signage shall be pursuant to New Jersey Department of Transportation regulations for directional signage posted on state-regulated roadways. Size, height and setback requirements for said identification sign shall be as follows:
(a) 
Maximum area: 48 square feet.
(b) 
Maximum area per side: 24 square feet.
(c) 
Maximum height: eight feet.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be four acres (174,240 square feet) for properties without existing public infrastructure (on septic).
[Amended 12-18-2007 by Ord. No. 2007-120]
(2) 
The minimum lot area shall be one acre (43,560 square feet) for properties with access to existing public sewer service and be governed by the area, yard and building requirements of § 211-16F therein.
[Amended 7-1-2008 by Ord. No. 2008-58]
(3) 
The minimum lot width shall be 300 feet.
(4) 
The minimum lot depth shall be 350 feet.
(5) 
The minimum front yard setback shall be 75 feet.
(6) 
The minimum side yard setback shall be 50 feet.
(7) 
The minimum combined side yard setback shall be 100 feet.
(8) 
The minimum rear yard setback shall be 75 feet.
(9) 
The minimum accessory building side and rear yard setback shall be 40 feet, except as otherwise specified in this chapter.
(10) 
The maximum building height shall be 35 feet.
(11) 
The maximum percent of building coverage shall be 4%.
(12) 
The maximum percent of impervious surface coverage on any lot shall be 8%. However, the maximum impervious surface coverage allowed shall increase to 11% upon the installation of dry wells for roof runoff in accordance with the standards delineated with § 130-72E.
(13) 
Internal walkways and patios shall be set back at least three feet from the lot line.
[1]
Editor's Note: This ordinance also repealed former § 211-17, Low-Density Rural Residential Zone (RA-3), as amended, 11-5-2007 by Ord. No. 2007-98.

§ 211-17.1 Environmentally Sensitive Rural Residential Zone (RA-5).

[Added 11-5-2007 by Ord. No. 2007-98[1]]
A. 
Permitted uses shall be as follows:
(1) 
Detached single-family dwellings.
(2) 
Recreational facilities; clubs; activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs; or fraternal organizations.
(3) 
Cemeteries.
(4) 
Family day-care homes.
(5) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
(6) 
Commercial farms, farm markets and pick-your-own farms.
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
D. 
Conditional uses shall be as follows:
(1) 
Soil removal/resource extraction, subject to the requirements of § 211-35Q.
(2) 
Forestry activities.
(a) 
Forestry and tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year, and that no more than five cords of wood are harvested from the entire parcel in any one year.
(b) 
Tree planting, provided that the area to be planted does not exceed five acres in any one year and no soil disturbance occurs other than that caused by the planting activity.
(c) 
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(d) 
Prescribed burning and the clearing and maintaining of firebreaks.
(e) 
Vegetation, clearing and landscaping:
[1] 
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
[2] 
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested.
(f) 
All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters' Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey forest stewardship plan shall serve as evidence that this standard is met.
(g) 
Any newly developed access to lands proposed for harvesting shall avoid wetland areas, except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site.
(h) 
All agricultural activities, forestry and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
E. 
Permitted signs shall be as follows:
(1) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
(2) 
Exception for signs for commercial farms, farm markets and pick-your-own farm markets only. One identification sign shall be permitted for a permitted commercial farm, farm market or pick-your-own farm subject to the restrictions listed below. In addition, one or more directional signs may be permitted subject to the review and approval of the location and placement of such signage by the Township Traffic Engineer and submission of proof of easement and/or required permits or authorization from the New Jersey Department of Transportation or Ocean County, as applicable. The size of directional signage shall be pursuant to New Jersey Department of Transportation regulations for directional signage posted on state-regulated roadways. Size, height and setback requirements for said identification sign shall be as follows:
(a) 
Maximum area: 48 square feet.
(b) 
Maximum area per side: 24 square feet.
(c) 
Maximum height: eight feet.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
F. 
Area, yard and building requirements. The requirements shall be as follows:
(1) 
The minimum lot area shall be five acres (217,800 square feet).
(2) 
The minimum lot width shall be 400 feet.
(3) 
The minimum lot depth shall be 500 feet.
(4) 
The minimum front yard setback shall be 100 feet.
(5) 
The minimum side yard setback shall be 75 feet.
(6) 
The minimum combined side yard setback shall be 150 feet.
(7) 
The minimum rear yard setback shall be 100 feet.
(8) 
The minimum accessory building side and rear yard setback shall be 50 feet, except as otherwise specified in this chapter.
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building coverage shall be 3%.
(11) 
The maximum percent of impervious surface coverage on any lot shall be 6%. However, the maximum impervious surface coverage allowed shall increase to 9% upon the installation of dry wells for roof runoff in accordance with the standards delineated with § 130-72E.
(12) 
Internal walkways and patios shall be set back at least three feet from the lot line.
[1]
Editor's Note: This ordinance also repealed former § 211-17.1, Low-Density Rural Residential/Recreation Open Space Zone (RA-3/ROS), added 8-19-2003 by Ord. No. 2003-106, as amended.

§ 211-17.2 Rural Residential/Recreation Open Space Zone (RA-5/ROS).

[Added 12-18-2007 by Ord. No. 2007-120]
The following shall apply in the Rural Residential/Recreation Open Space Zone (RA-5/ROS):
A. 
Permitted uses shall be as follows:
(1) 
All principal uses permitted in the Rural Residential (RA-5) Zone, with the exception of uses permitted by § 211-17.1A(2).
(2) 
Open space/recreation open space tract.
(a) 
Recreation open space mixed principal uses for recreation open space tracts shall include, at a minimum:
[1] 
A golf course, which, for this use, shall mean a golf course consisting of a land area of 150 or more contiguous acres containing a full-sized professional course of at least 18 holes, together with the usual related golf course facilities and structures, including, at a minimum, clubhouse facilities;
[2] 
A recreation open space tract shall include a one-hundred-fifty-acre minimum land area, which shall include a golf course land area dedication ("golf course dedication"). The applicant is also required to review the feasibility of dedicating a portion of upland adjacent to the lake for passive use by Township residents as a public park. In the event the applicant determines that such use and dedication is feasible, the applicant shall complete said dedication within 90 days of completion of the full lake; and
[3] 
The golf course facilities and structures may also include, but need not be limited to, related golf course facilities, including offices; locker rooms; rest rooms; shower rooms; a pro shop; public, quasi-public and/or private dining areas; and meeting and conference rooms.
(b) 
Recreation open space mixed principal uses for recreation open space tracts. Buildings, structures and lands may also include:
[1] 
Retention or creation of ponds and lakes for aesthetic, active and passive recreational purposes, including, but not limited to:
[a] 
Aquaculture;
[b] 
Nonmotorized boating;
[c] 
Fishing;
[d] 
Swimming;
[e] 
Picnic grounds;
[f] 
Walks and trails; and
[g] 
Open space and recreational uses and facilities.
[2] 
Recreational structures and facilities, such as public, quasi-public and/or private and/or municipal parks, playgrounds and related recreational facilities, which may include, but not limited to:
[a] 
Playing fields;
[b] 
Courts: basketball, tennis, etc.;
[c] 
Swimming pools;
[d] 
Bathhouses;
[e] 
Clubhouses/community buildings;
[f] 
Garden plots;
[g] 
Picnic grounds;
[h] 
Walks and trails;
[i] 
Tot lots;
[j] 
Senior recreation facilities, shuffleboard courts; and
[k] 
Related essential services.
(3) 
Essential services.
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
(2) 
Off-street loading for recreation and open space tracts only.
C. 
Permitted accessory uses shall be as follows:
(1) 
All accessory uses permitted in the RA-5 Zone.[1]
[1]
Editor's Note: See § 211-17.1, Environmentally Sensitive Rural Residential Zone (RA-5).
(2) 
For golf courses and golf clubhouses, the permitted accessory uses shall be as follows:
(a) 
Golf course cart storage facilities.
(b) 
Buildings and structures for the maintenance or administration of the golf course and/or golf clubhouse.
(c) 
Snack bar/rest room facilities.
(d) 
Gatehouses.
(e) 
Fences and walls.
(f) 
Refreshment stands.
(g) 
Storage sheds.
(h) 
Swimming pools.
(i) 
Tennis courts.
(j) 
Practice greens, bunkers and driving ranges.
(k) 
Golf schools.
(l) 
A maximum of eight lodging units or residential villas, which shall be defined for purposes of this subsection to mean housing units, which have a separate private entrance for each unit and may be used, at the applicant's/owner's discretion, for the personal, private enjoyment use of the applicant/owner and/or for overnight occupancy of guests of the applicant/owner and/or patrons of any of the open space tract uses. No such lodging unit or residential villa shall be utilized for permanent occupancy or residence. No lodging unit or residential villa shall exceed 2,500 square feet in floor area or contain more than four bedrooms. Occupancy limits of lodging units and residential villas shall be determined by the Board. The maximum number of lodging units or residential villas permitted pursuant to this subsection shall be reduced proportionally if an owner of record, caretaker and/or golf professional unit is to be provided pursuant to Subsection C(2)(m) below.
(m) 
One dwelling unit each for the owners of record, caretaker of record and/or golf professional. The Board, with input from appropriate officials and agencies, shall determine the appropriateness of the dwelling's location and the safety and adequacy of access to same.
(n) 
Private helistops and heliports may be permitted as an accessory use subject to all of the following supplementary regulations:
[1] 
The facility shall be located on the golf course lot to be used for the private purpose of:
[a] 
The owner of the golf course;
[b] 
The owner(s) of the residential villas (referenced as an accessory use); and
[c] 
The occupants and/or persons conducting business with the owners/occupants of the golf course and/or residential villas.
[2] 
The minimum setbacks of landing pads for private helistops and heliports shall be a minimum of 500 feet from any adjoining lot not owned by the applicant/helistop owner, except that a minimum setback may be reduced to a distance of no less than 200 feet when adjacent to the Garden State Parkway right-of-way line.
[3] 
The area surrounding the helipad shall be secured with solid fencing to prevent entrance of unauthorized persons, with a minimum fence height of no less than four feet.
[4] 
Passenger shelters may be permitted and shall not exceed 16 feet in height.
[5] 
When appropriate, off-street parking may be required, with the amount of parking required to be determined during the site plan review process based upon the operations contemplated.
[6] 
A private helistop/heliport shall be permitted only upon site plan review and approval by the appropriate board of jurisdiction. A written report detailing the proposed scope of operations shall be submitted in addition to the submission items required for a site plan application in general. Any change in the scope of operations or site plan layout shall be subject to an amended site plan approval.
[7] 
The hours of operation shall be restricted to daylight hours (defined as the hours between sunrise and sunset), except that helicopter operations for medical or other emergencies are exempt from this restriction.
[8] 
The owner/operator shall be required, as a condition of approval, to consent that the helistop may be used as needed for federal, state, county or municipal emergency services.
[9] 
The facility shall meet all of the requirements of the New Jersey Division of Aeronautics Licensing of Aeronautical Facilities and shall be actively licensed by same.
[10] 
The facility shall meet all of the requirements of the Federal Aviation Administration (FAA) and the New Jersey Office of Aviation (NJOA).
(3) 
For uses permitted pursuant to § 211-17.2A(2)(a) and (b)[1] and [2], the permitted accessory uses shall be as follows:
(a) 
Fences and walls; and
(b) 
Storage sheds.
D. 
Permitted signs shall be as follows:
(1) 
All freestanding signs for uses permitted in accordance with § 211-17.2A(1) and (3) shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
(2) 
All commercial farms, farm markets and pick-your-own farm signage shall be in accordance with § 211-17.1E(2).
(3) 
All freestanding signs for recreation and open space tracts visible from public roads shall meet the following size, height, setback and related requirements:
(a) 
One identification sign for each permitted use being conducted on the premises.
(b) 
All uses other than single-family dwellings may be permitted one lighted sign, which shall be so arranged as to reflect the light and any glare away from adjoining residential premises and away from adjoining streets. Illuminated signs shall comply with the National Electric Code. All exterior lighted signs shall be interior-lighted from the bottom, with said lights a maximum distance of six feet from the sign and of such design as to minimize sky glare.
(c) 
Each golf course sign may have one double-sided to two-sided signs located at the entrance drive, with a maximum total sign area of 75 square feet, which shall be measured for area by using the face of only one side of the sign, with a maximum height of 20 feet and located a minimum of 25 feet from the side lot lines. Signs may be a part of an entranceway structure, having a maximum height of 10 feet.
(d) 
All other freestanding signs shall meet the following size, height and setback requirements:
[1] 
Maximum area: 75 square feet. Signs with two exposures shall be measured for area by using the face of only one side of the sign.
[2] 
Maximum area per side: 75 square feet.
[3] 
Maximum height: 10 feet.
[4] 
Minimum front yard setback: 10 feet, which may be reduced if required to give reasonable public sight distance if public safety is not unduly impaired as determined by the Planning Board.
[5] 
Minimum side yard setback: 25 feet.
(4) 
Construction/excavation signs. One nonilluminated construction sign and one nonilluminated excavation sign, each not exceeding 40 square feet in area and a minimum of eight feet in height, denoting the names of the construction/excavation entities and future occupants may be placed on the tract to identify an active area of construction and/or excavation.
(5) 
Direction signs.
(a) 
Directional signs shall not exceed four square feet in area, and lettering shall not exceed six inches in height.
(b) 
Such signs shall not be placed within five feet of the street right-of-way line or any property line but may be located within the minimum required sign setback of 20 feet.
(c) 
Where directional signs are placed within a sight triangle area, they shall not exceed 30 inches in height from the finished grade directly below the sign to the top of the sign.
(6) 
Ground signs.
(a) 
Ground signs shall not exceed six feet in height, measured from the finished grade directly below the sign to the top of the sign.
(b) 
The base of all ground signs shall be accented by landscaping.
(c) 
One ground sign for each tract use shall be permitted for each street frontage upon which the site is located.
(d) 
Each ground sign shall comply with the freestanding sign requirements of § 211-17.2D(1) above.
(7) 
Government flags and historic markers. Any flag of the United States of America, the State of New Jersey, the County of Ocean, the Township of Stafford, any other governmental entity or any other religious or fraternal organization, and memorial or historic tablets, information as the name of a building, date of erection, special description or other material of historic interest, when cut into a masonry surface or constructed of bronze or other similar material, shall be permitted.
(8) 
Holiday decoration signs. One holiday decoration sign, not exceeding 20 square feet in area, shall be permitted on a site where decorations customarily and commonly associated with any national, state, local or religious holiday are offered for sale.
(9) 
Miscellaneous signs. The erection of signs, such as "No Trespassing" or "No Hunting" signs, shall be permitted, provided that these signs do not exceed two square feet.
(10) 
Nameplate signs. One nameplate sign and one designated parking space sign may be located on the tract for each separate legal owner, occupant or tenant of each separate building area or use on the tract, which sign may provide the name and address, or both, and shall not exceed two square feet in area.
(11) 
Special event signs.
(a) 
One special event temporary sign, advertising special events, shall be permitted per lot and or use on the tract and shall not exceed four square feet in area, which sign shall be removed within seven days of the termination or closing of the event or occurrence advertised.
(b) 
Special event signs may be placed within 20 feet, but not less than five feet, of any street right-of-way or property line.
(c) 
No special event sign shall be affixed to any natural objects, trees, fences, fence posts, utility poles or towers or other signs.
E. 
Conditional uses. The following uses shall be permitted as conditional uses in the RA-5/ROS Zone:
(1) 
Soil removal/resource extraction, subject to the requirements of § 211-35Q.
(2) 
Soil removal/resource extraction processing, subject to the requirements of § 211-35Q.
(3) 
Forestry and tree harvesting, subject to the requirements of § 211-17.1D(2).
F. 
Area, yard and building requirements for uses permitted in accordance with § 211-17.2A(1) shall be in accordance with § 211-17.1F.
G. 
Area, yard and building requirements and procedural standards for open space/recreation open space tracts shall be as follows:
(1) 
The minimum lot area shall be 150 contiguous acres, which shall include a golf course dedication and land dedication as defined in § 211-17.2A(2)(a)[2].
(2) 
In accordance with N.J.S.A. 40:55D-52b, since a recreation open space tract site plan application includes a minimum of 150 or more acres, the Planning Board may grant the preliminary/final site plan/subdivision rights referred to in N.J.S.A. 40:55D-52 for a period of time longer than two years, and such longer time period may be proposed by the applicant and approved by the Planning Board in accordance with the standards set forth in N.J.S.A. 40:55D-52b.
(3) 
No building or structure, other than entrance gatehouses, signs, walls, fences, berms, landscaping buffers and water features, shall be located within 200 feet of an existing public road.
(4) 
All lands set aside and dedicated to the Township of Stafford for open space, as required in § 211-17.2A(2)(a)[2], shall be developed with active and passive recreation facilities, with the golf course dedication area being developed by the applicant/owner and/or its agents and the land dedication area being developed by the land dedication donee subject to approval by the land dedication donor to ensure no adverse impact on the golf course dedication area.
(5) 
Internal roadways utilized by the public shall be constructed in accordance with the standards for public streets.
(6) 
Outdoor lighting. All parking, loading and unloading areas and walkways thereto and appurtenant passageways and driveways serving commercial uses open to the public shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the areas to be illuminated, shall average a minimum of 0.5 footcandle over the entire area, and shall be provided by fixtures with a maximum mounting height of 25 feet measured from the ground level to the center line of the light source or the height of the building, if attached, whichever is lower, and spacing not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination and driveways with ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. No light shall shine directly into windows of off-site buildings or unto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.
(7) 
The required minimum setbacks of the golf course clubhouse and clubhouse parking from the perimeter of the recreation open space tract shall be:
(a) 
Golf course clubhouse:
[1] 
Front yard: 200 feet;
[2] 
Side yard: 200 feet; and
[3] 
Rear yard: 200 feet.
(b) 
Parking.
[1] 
Golf course parking:
[a] 
Front yard: 200 feet;
[b] 
Side yard: 200 feet; and
[c] 
Rear yard: 200 feet.
[2] 
The number and design of spaces for parking for the golf course shall be acceptable to the Planning Board and, in any and all events, be no less than two per hole.
(8) 
The height of the golf clubhouse building shall not exceed 35 feet exclusive of a cupola; provided, however, for every additional 10 feet of setback from residential properties not owned by the applicant/owner, the minimum height may be increased one foot up to a maximum height of 45 feet and three stories, which maximum height and story limitation shall not include the basement area.
(9) 
The height of any other proposed structure and recreational building shall not exceed 35 feet; provided, however, for every additional 10 feet of setback from residential properties not owned by the applicant/owner, the minimum height may be increased one foot up to a maximum height of 45 feet and three stories, which maximum height and story limitation shall not include the basement area.
(10) 
Setback from public streets. All buildings, parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas and golf course land and water features, shall be set back a minimum of 200 feet from the right-of-way of all existing public streets.
(11) 
Setback from other property lines. All buildings, parking areas and other aboveground improvements regulated under § 211-17.2A(2)(a)[1], [2] and [3] and (b)[1] and [2] above shall be set back a minimum of 200 feet from the perimeter of the recreation open space tract where adjacent to properties zoned for residential use which are not owned by the tract owner or related tract applicant/owner entity.
(12) 
No existing local public street shall be utilized to provide access to a recreation open space tract development or any permitted conditional use.

§ 211-18 Residential Zone (R-2).

The following shall apply in the Residential Zone (R-2):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Detached single-family dwellings.[1]
[1]
Editor's Note: Former Subsections A(2) through (4), which immediately followed this subsection and which provided for further permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.
(2) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
(4) 
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs shall be as follows:
[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses. The following uses shall be permitted in the R-2 Zone, subject to the issuance of a conditional use permit:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(2), concerning cluster-type developments, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-58.
(3) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 20,000 square feet.
(2) 
The minimum lot width shall be 120 feet.
(3) 
The minimum lot depth shall be 150 feet.
(4) 
The minimum front yard setback shall be 40 feet.
(5) 
The minimum side yard setback shall be 20 feet.
(6) 
The minimum combined side yard setback shall be 40 feet.
(7) 
The minimum rear yard setback shall be 30 feet.
(8) 
The minimum accessory building side and rear yard setback shall be 15 feet, except as otherwise specified herein.
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 20%. The maximum percent of impervious surface coverage on any lot shall be 30%. However, the maximum impervious surface coverage allowed shall increase to 35% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[6]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[6]
Editor’s Note: Former Subsection F(11) was renumbered as Subsection F(12) to accommodate the addition of this new Subsection F(11).
(12) 
Where sanitary sewers are not or cannot be made available, all residential developments shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[7]
[7]
Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-58.

§ 211-19 Residential Zone (R-3).

The following shall apply in the Residential Zone (R-3):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Detached single-family dwellings.[1]
[1]
Editor's Note: Former Subsections A(2) through (4), which immediately followed this subsection and which provided for further permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.
(2) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(3) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
(4) 
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs shall be as follows:
[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(2), concerning cluster-type residential developments, as amended, was repealed 8-5-1997 by Ord. No. 97-59.
(3) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 15,000 square feet.
(2) 
The minimum lot width shall be 100 feet.
(3) 
The minimum lot depth shall be 125 feet.
(4) 
The minimum front yard setback shall be 40 feet.
(5) 
The minimum side yard setback shall be 20 feet.
(6) 
The minimum combined side yard setback shall be 40 feet.
(7) 
The minimum rear yard setback shall be 30 feet.
(8) 
The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified herein.
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 45%. However, the maximum impervious surface coverage allowed shall increase to 50% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[6]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[6]
Editor’s Note: Former Subsection F(11) was renumbered as Subsection F(12) to accommodate the addition of this new Subsection F(11).
(12) 
Where sanitary sewers are not or cannot be made available, all residential developments shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[7]
[7]
Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-59.
G. 
(Reserved)[8]
[8]
Editor's Note: Former Subsection G, concerning use of Pinelands development credits to increase density, added 2-20-1990 by Ord. No. 90-15, as amended, was repealed 11-5-2007 by Ord. No. 2007-98.

§ 211-20 Residential Zone (R-4).

The following shall apply in the Residential Zone (R-4):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Detached single-family dwellings.
(2) 
[1](Reserved)[2]
[1]
Editor's Note: Former Subsections A(3) and (4), which immediately followed this subsection and which provided for essential services and government uses as permitted uses, were repealed 5-18-1993 by Ord. No. 93-31.
[2]
Editor's Note: Former Subsection A(2), dealing with attached dwellings, was repealed 8-2-1994 by Ord. No. 94-57.
(3) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-45]
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
(5) 
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
(1) 
Private swimming pools.
(2) 
Private recreational buildings, clubs and activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs or fraternal organizations, provided that the same are clearly accessory or incidental to a permitted use and are not of a commercial character or nature.
D. 
Permitted signs shall be as follows:
(1) 
(Reserved)
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(1), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-45, was repealed 4-2-2002 by Ord. No. 2002-21.
(2) 
Planned retirement communities in accordance with the requirements of § 211-35I and Subsection G below.
[Added 8-2-1994 by Ord. No. 94-57]
F. 
Area, yard and building requirements for detached single-family dwellings shall be as follows:
(1) 
The minimum lot area shall be 10,000 square feet. No residential dwelling unit in the R-4 Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.
[Amended 6-18-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-2003 by Ord. No. 2003-25]
(2) 
The minimum lot width shall be 90 feet.
(3) 
The minimum lot depth shall be 100 feet.
(4) 
The minimum front yard setback shall be 25 feet.
(5) 
The minimum side yard setback shall be 15 feet.
(6) 
The minimum combined side yard setback shall be 30 feet.
(7) 
The minimum year yard setback shall be 30 feet.
(8) 
The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified elsewhere herein.
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 50%. However, the maximum impervious surface coverage allowed shall increase to 55% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
G. 
Planned retirement communities may be permitted in the R-4 Zone, provided that the following conditions are met:
[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 8-2-1994 by Ord. No. 94-57]
(1) 
A planned retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent residents who are persons 55 years of age or older as contained in the Fair Housing Act, as amended in 1988.[4]
[4]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2) 
The minimum area of a planned retirement community shall be 40 contiguous acres; provided, however, that an area of less than 40 acres may be added to an existing planned retirement community if contiguous thereto and otherwise in compliance with the provisions of this chapter.
(3) 
The planned retirement community will be serviced by public sewer and water facilities.
(4) 
There shall not be more than three dwelling units per gross acre of the planned retirement community.
H. 
The following uses shall be permitted principal uses of buildings and structures in a planned retirement community:
[Amended 8-2-1994 by Ord. No. 94-57]
(1) 
Detached single-family dwellings.
(2) 
Two- to four-unit dwellings.
(3) 
Clubhouse/community buildings
(4) 
Fire stations.
(5) 
First aid stations.
(6) 
Essential services.
I. 
Required accessory uses in a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
Off-street parking.
(2) 
On-site refuse disposal and recycling facilities.
J. 
Permitted accessory uses in a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
Recreational and cultural facilities, including but not limited to the following: clubhouses, swimming pools, tennis courts, shuffleboard courts and picnic grounds.
(2) 
Buildings and structures for the maintenance or administration of the Planned Residential Community.
(3) 
Attached or detached garages and carports.
(4) 
Fences and walls.
(5) 
Gatehouses.
K. 
Permitted signs in a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
One freestanding sign or identification structure not to exceed 40 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned retirement community, up to three identification signs may be permitted, provided that the collective square footage of all identification signs proposed do not exceed 40 square feet.
(2) 
One identification sign not to exceed the requirements herein for each approved permitted use shall be permitted.
(3) 
Only one freestanding sign per street frontage shall be permitted.
(4) 
All freestanding signs not specifically mentioned in Subsection K(1) shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 10 feet.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
L. 
Minimum area, yard and building requirements for a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.
(2) 
No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 75 feet of an existing public road.
(3) 
Minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:
(a) 
The minimum lot area shall be 6,000 square feet.
(b) 
The minimum lot width shall be 60 feet.
(c) 
The minimum lot frontage shall be 40 feet.
(d) 
The minimum lot depth shall be 85 feet.
(e) 
The minimum front yard setback shall be 25 feet.
(f) 
The minimum rear yard setback shall be 30 feet.
(g) 
The minimum side yard setback shall be eight feet.
(h) 
The minimum combined side yard setback shall be 20 feet.
(i) 
The maximum percent of building lot coverage shall be 50%. The maximum percent of impervious surface coverage on any lot shall be 60%. However, the maximum impervious surface coverage allowed shall increase to 65% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Added 3-20-2007 by Ord. No. 2007-34]
(j) 
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
(4) 
Minimum requirements for two-, three- and four-family dwellings shall be as follows:
(a) 
The minimum lot area shall be 5,500 square feet per dwelling unit.
(b) 
The minimum front yard setback shall be 25 feet.
(c) 
The minimum rear yard setback shall be 30 feet.
(d) 
The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.
(5) 
Building height shall be as follows:
(a) 
No building or structure utilized for residential use shall exceed 25 feet in height, except that in those eases where lot area is 7,000 square feet or greater, maximum building height shall be 35 feet. No building or structure utilized for residential use shall contain more than two usable floor levels measured vertically at any point in the building above grade.
[Amended 2-4-2003 by Ord. No. 2003-08]
(b) 
The maximum height of any nonresidential building or structure shall be 35 feet.
M. 
Open space and recreation in planned retirement communities shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
A minimum of 25% of the tract area of a planned retirement community shall be designated for open space and active and passive recreation for the residents of the PRC, provided that the Planning Board, in its sole discretion, may grant a reduction in the amount of required common open space based upon the following guidelines:
(a) 
The Planning Board may reduce the amount of required open space and recreation to 20% of the tract area of a PRC, provided that the developer of the PRC provides at least one clubhouse or community building for the PRC residents. Said clubhouse(s) shall provide a minimum of six square feet of clubhouse building area for each proposed dwelling unit within the PRC. The clubhouse or community building shall be constructed and operational prior to the issuance of the certificate of occupancy for the dwelling unit representing 50% of the total units in the approved PRC development plan. The developer shall post appropriate guaranties, prior to the issuance of any certificates of occupancy within the PRC, to ensure construction of the clubhouse facilities.
(2) 
In addition to Subsection M(1)(a) above, the Planning Board may grant reductions in the amount of total open space required. However, in no case shall such reduction result in the amount of open space and recreation being less than 15% of the tract area of the PRC, based upon the following criteria:
(a) 
The amount, quality and functionality of passive open space areas to be preserved and/or created are determined by the Board to be sufficient for the PRC residents.
(b) 
The amount, quality and types of active recreation to be provided are determined by the Board to be sufficient.
(3) 
Lands used or deeded to public agencies for roads, streets or utilities, including easements, shall not be defined as open space. However, bodies of water located within the tract may be counted as open space.
(4) 
All lands set aside for open space shall be developed with active and passive recreation facilities to service the needs of the residents of the PRC. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionality of the lands set aside for open space.
(5) 
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas shall be an integral part of the development and shall be located to best suit the purpose for which they are intended.
N. 
Off-street parking. Off-street parking requirements within a planned retirement community shall be as follows:
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
Off-street parking spaces for dwelling units shall be provided in accordance with § 130-81.
[Amended 6-24-1997 by Ord. No. 97-50]
(2) 
A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.
(3) 
All other uses, in accordance with § 130-81 of the Stafford Township Code.
O. 
Improvements. Unless otherwise specified in this section, all public and private on- and off-site improvements related to the development of a planned retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Stafford Township Code.
[Added 8-2-1994 by Ord. No. 94-57]
P. 
Streets.
[Added 8-2-1994 by Ord. No. 94-57]
(1) 
With the exception of streets and roadways designated as public roadways pursuant to the Circulation Plan Element of the Master Plan, streets and roadways within any planned retirement community may be accepted as public roadways, at the sole option of the Township Council, or privately owned, operated and maintained by a homeowners' association or analogous body. No residential lot or structure shall have direct access to any designated collector roadway contained in the Circulation Plan Element of the Master Plan. Residential lots may have frontage along such Master Plan designated collector roadways, provided that:
(a) 
Access to the lot is to be via a local street;
(b) 
The required lot depth and required setback from the Master Plan designated collector roadway are each increased by a minimum of 20 feet; and
(c) 
Direct access to the Master Plan roadway from said lots is precluded by appropriate enforceable legal instrument.
(2) 
The Planning Board may require landscaping or supplemental plantings within the additional setback area as required to buffer proposed residences.
Q. 
Maintenance and ownership of common property and improvements in a planned retirement community. The ownership and maintenance of the common areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The developer shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the association shall cease to function through lack of participation of its members or be dissolved, the Township of Stafford shall have the right by special assessment to assess the owners of property in the development, annually, a sum of money which would be sufficient to pay the taxes on said common properties and improvements and for the proper upkeep, maintenance and preservation of the same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Stafford by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the developer, association or any other party in interest and to all lot owners of property in the PRC. A statement containing the provisions of this section shall be filed with the Clerk of Ocean County as part of the Declaration of Covenants, Conditions and Restrictions. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.
[Added 8-2-1994 by Ord. No. 94-57]
R. 
Use of Pinelands development credits to increase density.
[Amended 8-2-1994 by Ord. No. 94-57]
(1) 
An owner or developer in the R-4 Zone may be permitted an increase in density within a planned retirement community, provided that application is made to the Stafford Township Planning Board for a conditional use permit and the following standards and criteria can be met:
(a) 
An increase in the density of residential development involving the use of Pinelands development credits shall only be authorized on final site plan or subdivision approval, provided that sanitary sewers are or will be made available to the subject property as part of the conditional use permit, subdivision and/or site plan application.
(b) 
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 211-9D(4) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 7-3-2001 by Ord. No. 2001-45]
(c) 
A density of one residential unit shall be yielded for each twenty-five hundredths (0.25) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed a gross density of six dwelling units per acre.
(d) 
Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land.
(e) 
Except as provided in Subsection R(1)(b) above, no development involving the use of Pinelands development credits shall be carried out until the developer has provided the Township with jurisdiction over the parcel of land from which the Pinelands development credits were obtained and has provided the Planning Board of Stafford Township and the Commission with evidence of recordation of a restriction on the deed to the land from which development credits were obtained.
(2) 
Area, yard, buildings and density requirements within a planned retirement community. For development in accordance with this section within a planned retirement community, the following requirements shall apply:
(a) 
The maximum gross density of the planned retirement community shall not exceed six dwelling units per acre.
(b) 
The minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:
[1] 
The minimum lot area shall be 5,500 square feet.
[2] 
The minimum lot width shall be 55 feet.
[3] 
The minimum lot frontage shall be 40 feet.
[4] 
The minimum lot depth shall be 85 feet.
[5] 
The minimum front yard setback shall be 25 feet.
[6] 
The minimum rear yard setback shall be 25 feet.
[7] 
The minimum side yard setback shall be seven feet.
[8] 
The minimum combined side yard setback shall be 15 feet.
(c) 
The minimum requirements for two- , three- and four-family dwellings shall be as follows:
[1] 
The minimum lot area shall be 4,500 square feet per dwelling unit.
[2] 
The minimum front yard setback shall be 25 feet.
[3] 
The minimum rear yard setback shall be 30 feet.
[4] 
The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.
(d) 
Building height shall be as follows:
[1] 
No building or structure utilized for residential use shall exceed 25 feet in height nor contain more than two usable floor levels measured vertically at any point in the building above grade.
[2] 
The maximum height of any nonresidential building or structure shall be 35 feet.
(3) 
Area, yard and bulk regulations shall be as currently specified in this section, except that, where an approved and functioning sanitary sewage collection system is not available, the minimum lot size shall be one acre, provided that the septic system meets the water quality standards set forth in § 211-9G(8). In the event that a property owner has secured a waiver from the Pinelands Commission which permits the use of a septic system on less than one acre, the same shall be accepted by the Township.

§ 211-21 Residential Zone (R-90).

The following shall apply in the Residential Zone (R-90):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Detached single-family dwellings.
(2) 
Parks and playgrounds.
(3) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(3), which provided for essential services as a permitted use, was repealed 2-7-1995 by Ord. No. 95-24. Former Subsections A(4) and (5), which immediately followed this subsection and which provided for government uses and churches and other places of worship as permitted uses, were repealed 5-18-1993 by Ord. No. 93-31.
(4) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(5) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
(6) 
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs shall be as follows:
[Amended 5-18-1993 by Ord. No. 93-31]
(1) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 9,000 square feet. No residential dwelling unit in the R-90 Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.
[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77; 3-4-2003 by Ord. No. 2003-25]
(2) 
The minimum lot width shall be 75 feet.
(3) 
The minimum lot depth shall be 110 feet.
[Amended 8-6-1991 by Ord. No. 91-43]
(4) 
The minimum front yard setback shall be 35 feet.
(5) 
The minimum side yard setback shall be 10 feet.
(6) 
The minimum combined side yard setback shall be 25 feet.
(7) 
The minimum rear yard setback shall be 30 feet.
(8) 
The minimum accessory building side yard setback shall be 10 feet and a rear yard of five feet.
[Amended 1-16-1996 by Ord. No. 96-12]
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 55%. However, the maximum impervious surface coverage allowed shall increase to 60% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[5]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[5]
Editor’s Note: Former Subsection F(11), (12) and (13) was renumbered as Subsection F(12), (13) and (14), respectively, to accommodate the addition of this new Subsection F(11).
(12) 
The minimum lot frontage shall be 50 feet, provided that all corner lots shall have a minimum of 90 feet along both street frontages.
[Amended 10-16-1990 by Ord. No. 90-58]
(13) 
[6]The minimum rear yard setback for opened structures such as decks or attached seasonal or screened enclosures, whether on the first or second floor, shall be 15 feet.
[Amended 1-16-1996 by Ord. No. 96-12]
[6]
Editor's Note: Former Subsection F(12), which provided for a minimum front yard setback along any existing or proposed collector street, was repealed 4-17-1990 by Ord. No. 90-32. Said ordinance also redesignated former Subsection F(13) as Subsection F(12).
(14) 
The Township of Stafford recognizes that there are a large number of lots of record which do not meet the lot width or depth requirements of § 211-21F(2) and (3) for the issuance of a building permit. In order to allow the development of these lots without the necessity of appearing before the Board of Adjustment for the issuance of a variance, the Township believes that an exception should be allowed for the development of these lots. Therefore, lots of record which existed prior to the adoption of this subsection shall be entitled to receive a building permit notwithstanding the failure of such a lot to meet the requirements of lot depth and width as set forth in § 211-21F(2) and (3), provided that such lot of record meets all other requirements of § 211-21F. The provisions of this Subsection F(14) shall not apply to any lot of record located within the Pinelands Preservation Area.
[Added 9-20-1994 by Ord. No. 94-89]
G. 
Use of Pinelands development credits to increase density.
(1) 
An owner or developer may construct single-family detached dwellings on lots of less than 9,000 square feet in a portion of the R-90 Zone, provided that application is made to the Stafford Township Planning Board for a conditional use permit and the following standards and criteria can be met:
(a) 
The property, properties, lot or lots which are the subject of the application for a conditional use permit shall be part and parcel of or situated in one or more of the following blocks: Block 44-173, Block 44-181, Block 44-182, Block 44-183, Block 44-184, Block 44-184.01, Block 44-185, Block 44-186, Block 44-187 and Block 44-188. Said blocks containing that property, land area and acreage as currently delineated on the Stafford Township Tax Map sheets and so designated and defined are shown on the map attached hereto and adopted as part of this chapter. Pinelands development credits shall only be transferred to those blocks and lots in the R-90 Zone designated in this subsection and shown on the map attached hereto. The transfer of Pinelands development credits to any other portion of the R-90 Zone or any other zoning district in the Township is strictly prohibited.
(b) 
An increase in the density of a residential development shall only be authorized, provided that sanitary sewers are or will be made available to the subject property as part of the conditional use permit, subdivision and/or site plan application.
(c) 
An increase in the density of residential development shall only be authorized to applicants or developers who show and provide proof of ownership of Pinelands development credits.
(d) 
A density of one residential unit shall be yielded for each twenty-five hundredths (0.25) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed one and one-half (1 1/2) times the number otherwise permitted or a gross density of six dwelling units per acre.
(e) 
Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in that portion of the R-90 Zone specified in Subsection G(1)(a) above.
(f) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection G(1)(f) regarding the developer providing evidence of ownership of the requisite Pinelands development credits, as amended 8-16-1988 by Ord. No. 88-65, was repealed 7-3-2001 by Ord. No. 2001-45.
(g) 
(Reserved)[8]
[8]
Editor's Note: Former Subsection G(1)(g) which dealt with the use of Pinelands development credits for developments which exceed the maximum density for the district and which was added 8-16-1988 by Ord. No. 88-65, was repealed 2-21-1989 by Ord. No. 89-19.
(2) 
Area, yard and building requirements. For development of single-family detached dwellings in accordance with this section, the following requirements shall apply:
(a) 
The minimum lot area shall be 6,000 square feet.
(b) 
The minimum lot width shall be 60 feet.
(c) 
The minimum lot frontage shall be 50 feet.
(d) 
The minimum lot depth shall be 90 feet.
(e) 
The minimum front yard setback shall be 25 feet.
(f) 
The minimum side yard setback shall be eight feet; combined, 20 feet.
(g) 
The minimum rear yard setback shall be 20 feet.
(h) 
The minimum accessory setback shall be 10 feet.
(i) 
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 60%. However, the maximum impervious surface coverage allowed shall increase to 65% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Added 3-20-2007 by Ord. No. 2007-34]
(j) 
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
(3) 
Area, yard and bulk regulations shall be as currently specified in this section, except that, where an approved and functioning sanitary sewage collection system is not available, the minimum lot size shall be one acre.
[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19]

§ 211-22 Residential Zone (R-75).

The following shall apply in the Residential Zone (R-75):
A. 
Permitted uses shall be as follows:
(1) 
Detached single-family dwellings.
(2) 
[1]Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
[1]
Editor's Note: Former Subsection A(2), which provided for government buildings, including schools, libraries, museums parks and playgrounds, as permitted uses, was repealed 2-7-1995 by Ord. No. 95-24.
(3) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(3), which provided for essential services as permitted uses, was repealed 2-7-1995 by Ord. No. 95-24.
(4) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(5) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs.
[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
[5]Churches and other places of worship, subject to the provisions of § 211-35L. In addition, property must be situated in the Manahawkin area of the Township, north of Route 72 and east of Route 9.
[Added 4-15-2003 by Ord. No. 2003-40]
[5]
Editor's Note: Former Subsection E(2), which provided for churches and other places of worship as conditional uses, as amended 5-18-1993 by Ord. No. 93-32, was repealed 2-7-1995 by Ord. No. 95-24.
(3) 
(Reserved)[6]
[6]
Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 7,500 square feet.
(2) 
The minimum lot width shall be 75 feet.
(3) 
The minimum lot depth shall be 100 feet.
(4) 
The minimum front yard setback shall be 25 feet.
(5) 
The minimum side yard setback shall be 10 feet.
(6) 
The minimum combined side yard setback shall be 20 feet.
(7) 
The minimum rear yard setback shall be 20 feet.
(8) 
The minimum accessory building side yard setback shall be 10 feet and a rear yard setback of five feet.
[Amended 1-16-1996 by Ord. No. 96-12]
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 55%. However, the maximum impervious surface coverage allowed shall increase to 60% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[7]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[7]
Editor’s Note: Former Subsection F(11) and (12) was renumbered as Subsection F(12) and (13) to accommodate the addition of this new Subsection F(11).
(12) 
The minimum lot frontage shall be 50 feet, provide that all corner lots shall have a minimum of 100 feet along both street frontages.
(13) 
The minimum rear yard setback from opened structures such as decks or attached seasonal or screened enclosures, whether on the first or second floor, shall be 15 feet.
[Amended 1-16-1996 by Ord. No. 96-12]

§ 211-23 Residential Zone (RR-1).

The following shall apply in the Residential Zone (RR-1):
A. 
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Detached single-family dwellings.[1]
[1]
Editor's Note: Former Subsections A(2) and (3), which immediately followed this subsection and which provided for government uses and essential services as permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.
(2) 
[2]Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
[2]
Editor's Note: Former Subsection A(2), which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.
(3) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs.
[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 6,000 square feet.
(2) 
The minimum lot width shall be 75 feet.
(3) 
The minimum lot depth shall be 80 feet.
(4) 
The minimum front yard setback shall be 20 feet.
(5) 
The minimum side yard setback shall be eight feet.
(6) 
The minimum combined side yard setback shall be 20 feet.
(7) 
The minimum rear yard setback shall be 20 feet.
(8) 
The minimum accessory building side yard setback shall be four feet, and a rear yard of 10 feet, provided that lagoon-end lots shall provide for a side yard setback of four feet and a rear yard setback of six feet from the bulkhead for aboveground pools and storage sheds under 100 square feet.
[Amended 1-16-1996 by Ord. No. 96-12]
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 50%. The maximum percent of impervious surface coverage on any lot shall be 65%. However, the maximum impervious surface coverage allowed shall increase to 80% if all roof runoff is piped directly into a lagoon.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[6]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[6]
Editor’s Note: Former Subsection F(11), (12) and (13) was renumbered as Subsection F(12), (13) and (14), respectively, to accommodate the addition of this new Subsection F(11).
(12) 
The minimum lot frontage shall be 50 feet.
(13) 
The minimum front yard setback on culs-de-sac or lagoon-end lots shall be 15 feet.
(14) 
The minimum rear yard setback for lagoonfront properties, meaning setback from opened structures, such as decks, whether on the first or second floor, shall be 10 feet.

§ 211-24 Residential Zone (RR-2).

The following shall apply in the Residential Zone (RR-2):
A. 
Permitted uses shall be as follows:
(1) 
Detached single-family dwellings.[1]
[1]
Editor's Note: Former Subsections A(2) and (3), which immediately followed this subsection and which provided for government uses and essential services as permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.
(2) 
[2]Parks and playgounds.
[Added 11-5-2007 by Ord. No. 2007-98]
[2]
Editor's Note: Former Subsection A(2), which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.
(3) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs.
[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses, shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 4,000 square feet.
(2) 
The minimum lot width shall be 50 feet.
(3) 
The minimum lot depth shall be 80 feet.
(4) 
The minimum front yard setback shall be 20 feet, provided that 15 feet shall be permitted at the end of culs-de-sac or lagoon-end lots.
(5) 
The minimum side yard setback shall be four feet.
(6) 
The minimum combined side yard setback shall be 10 feet.
(7) 
The minimum rear yard setback shall be 20 feet.
(8) 
The minimum accessory building side yard setback shall be four feet, and a rear yard of 10 feet, provided that lagoon-end lots shall provide for a side yard setback of four feet and a rear yard setback of six feet from the bulkhead for aboveground pools and storage sheds under 100 square feet.
[Amended 1-16-1996 by Ord. No. 96-12]
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 65%. However, the maximum impervious surface coverage allowed shall increase to 80% if all roof runoff is piped directly into a lagoon.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[6]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[6]
Editor’s Note: Former Subsection F(11) was renumbered as Subsection F(12) to accommodate the addition of this new Subsection F(11).
(12) 
The minimum rear yard setback for lagoonfront properties, meaning setback from opened structures, such as decks, whether on the first or second floor, shall be 10 feet.

§ 211-24.1 Residential Zone (RR-2A).

[Added 7-3-1990 by Ord. No. 90-28]
The following shall apply in the Residential Zone (RR-2A):
A. 
Permitted uses shall be as follows:
(1) 
Detached single-family dwellings.[1]
[1]
Editor's Note: Former Subsections A(2) and (3) which provided for further permitted uses and which immediately followed this subsection were repealed 5-18-1993 by Ord. No. 93-32.
(2) 
[2]Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
[2]
Editor's Note: Former Subsection A(2), which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.
(3) 
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(4) 
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.
[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage shed.
(4) 
Detached garage.
(5) 
Home occupations subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs.
[Amended 5-18-1993 by Ord. No. 93-32]
(1) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional use shall be as follows:
(1) 
(Reserved)[4]
[4]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[5]
[5]
Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.
F. 
Area, yard and building requirements shall be as follows:
(1) 
Minimum lot area: 4,000 square feet.
(2) 
Minimum lot width: 50 feet.
(3) 
Minimum lot depth: 80 feet.
(4) 
Minimum front yard setback: 20 feet, provided that 15 feet shall be permitted at the end of a cul-de-sac or lagoon-end lots.
(5) 
Minimum side yard setback: four feet.
(6) 
Minimum combined side yard setback: 10 feet.
(7) 
Minimum rear yard setback: 20 feet.
(8) 
Minimum accessory building side yard setback: four feet and a rear yard of 10 feet, provided that lagoon end lots shall provide for a side yard setback of four feet and a rear yard setback of six feet from the bulkhead for aboveground pools and storage sheds under 100 square feet.
[Amended 1-16-1996 by Ord. No. 96-12]
(9) 
The maximum building height shall be 35 feet.
[Amended 5-4-2010 by Ord. No. 2010-15]
(10) 
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 65%. However, the maximum impervious surface coverage allowed shall increase to 80% if all roof runoff is piped directly into a lagoon.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[6]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[6]
Editor’s Note: Former Subsection F(11) and (12) was renumbered as Subsection F(12) and (13), respectively, to accommodate the addition of this new Subsection F(11).
(12) 
Minimum rear yard setback for lagoonfront properties, meaning setback from opened structures, such as decks, whether on first or second floor: 10 feet.
(13) 
(Reserved)[7]
[7]
Editor's Note: Former Subsection F(13), concerning exceptions to the maximum building height, was repealed 5-4-2010 by Ord. No. 2010-15.

§ 211-25 Planned Retirement Community Zone (R-3/PRC).

[Amended 8-16-1988 by Ord. No. 88-64; 5-16-1989 by Ord. No. 89-38; 9-15-1992 by Ord. No. 92-57; 5-18-1993 by Ord. No. 93-32; 5-3-1994 by Ord. No. 94-43]
A. 
Permitted uses shall be as follows:
[Amended 2-7-1995 by Ord. No. 95-20]
(1) 
Detached single-family dwellings.
(2) 
Parks and playgrounds.
[Added 11-5-2007 by Ord. No. 2007-98]
B. 
Required accessory uses shall be as follows:
(1) 
Off-street parking.
C. 
Permitted accessory uses shall be as follows:
(1) 
Private swimming pools.
(2) 
Private tennis courts.
(3) 
Storage sheds.
(4) 
Detached garages.
(5) 
Home occupation uses subject to the provisions of § 211-35U.
[Added 6-24-1997 by Ord. No. 97-44]
D. 
Permitted signs shall be as follows:
(1) 
One lighted home occupation or home professional office announcement sign conforming to the requirements herein shall be permitted.
(2) 
One identification sign for each permitted use conforming to the requirements herein shall be permitted.
(3) 
Only one freestanding sign per street frontage shall be permitted.
(4) 
All freestanding signs shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 30 inches.
[Amended 11-5-2007 by Ord. No. 2007-98]
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
E. 
Conditional uses shall be as follows:
(1) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.
(2) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.
(3) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection E(3), concerning cluster-type developments, was repealed 8-5-1997 by Ord. No. 97-58.
(4) 
Planned retirement community (PRC) in accordance with the requirements of § 211-25G and I herein.
(5) 
Planned mobile home park retirement community in accordance with requirements of § 211-25R, S and T herein.
[Added 9-5-1995 by Ord. No. 95-84]
F. 
Area, yard and building requirements shall be as follows:
(1) 
The minimum lot area shall be 15,000 square feet.
(2) 
The minimum lot width shall be 100 feet.
(3) 
The minimum lot depth shall be 125 feet.
(4) 
The minimum front yard setback shall be 40 feet.
(5) 
The minimum side yard setback shall be 20 feet.
(6) 
The minimum combined side yard setback shall be 40 feet.
(7) 
The minimum rear yard setback shall be 30 feet.
(8) 
The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified herein.
(9) 
The maximum building height shall be 35 feet.
(10) 
The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 45%. However, the maximum impervious surface coverage allowed shall increase to 50% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Amended 3-20-2007 by Ord. No. 2007-34]
(11) 
[4]Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
[4]
Editor’s Note: Former Subsection F(11) and (12) was renumbered as Subsection F(12) and (13), respectively, to accommodate the addition of this new Subsection F(11).
(12) 
Where public sanitary sewers are not provided, all residential development shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[5]
[5]
Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, was repealed 8-5-1997 by Ord. No. 97-58.
G. 
Planned retirement communities may be permitted in the R-3/PRC Zone, provided that the following conditions are met:
(1) 
A planned retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent residents who are persons 55 years of age or older; as contained in the Fair Housing Act, as amended in 1988.[6]
[6]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2) 
The minimum area of a planned retirement community shall be 50 contiguous acres; provided, however, that an area of less than 50 acres may be added to a planned retirement community if contiguous thereto and in compliance with the provisions of this chapter.
(3) 
The planned retirement community will be serviced by public sewer and water facilities.
(4) 
There shall not be more than 4 1/2 dwelling units per gross acre of the planned retirement community.
(5) 
The planned retirement community shall have direct access to a collector road designed and constructed in accordance with the Circulation Plan Element of the Master Plan, and said collector road shall have direct connection with Route 72 at a location consistent with the Circulation Plan Element of the Master Plan and approved by the Planning Board and New Jersey Department of Transportation (NJDOT).
H. 
The following uses shall be permitted principal uses of buildings and structures in a planned retirement community:
(1) 
Detached single-family dwellings.
(2) 
Two- to four-unit dwellings.
(3) 
Clubhouse/community buildings.
(4) 
Open space and recreational uses and facilities.
(5) 
Fire stations.
(6) 
First aid stations.
(7) 
Essential services.
(8) 
Golf courses.
I. 
Required accessory uses in a planned retirement community shall be as follows:
(1) 
Off-street parking.
(2) 
On-site refuse disposal and recycling facilities.
J. 
Permitted accessory uses in a planned retirement community shall be as follows:
(1) 
Recreational and cultural facilities, including but not limited to the following: clubhouses, swimming pools, tennis courts, golf courses, shuffleboard courts and picnic grounds.
(2) 
Buildings and structures for the maintenance or administration of the Planned Residential Community.
(3) 
Attached or detached garages and carports.
(4) 
Fences and walls.
(5) 
Gatehouses.
K. 
Permitted signs in a planned retirement community shall be as follows:
(1) 
One freestanding sign or identification structure not to exceed 40 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned retirement community, up to three identification signs may be permitted, provided that the collective square footage of all identification signs proposed do not exceed 40 square feet.
(2) 
One identification sign not to exceed the requirements herein for each approved permitted use shall be permitted.
(3) 
Only one freestanding sign per street frontage shall be permitted.
(4) 
All freestanding signs not specifically mentioned in Subsection K(1) shall meet the following size, height and setback requirements:
(a) 
Maximum area: four square feet.
(b) 
Maximum area per side: two square feet.
(c) 
Maximum height: 10 feet.
(d) 
Minimum front yard setback: 10 feet.
(e) 
Minimum side yard setback: six feet.
L. 
Minimum area, yard and building requirements for a planned retirement community shall be as follows:
(1) 
No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.
(2) 
No building or structure, other than an entrance guardhouses, gatehouses, walls or fences, shall be located within 75 feet of an existing public road.
(3) 
Minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:
(a) 
The minimum lot area shall be 6,000 square feet.
(b) 
The minimum lot width shall be 60 feet.
(c) 
The minimum lot frontage shall be 40 feet.
(d) 
The minimum lot depth shall be 85 feet.
(e) 
The minimum front yard setback shall be 25 feet.
(f) 
The minimum rear yard setback shall be 30 feet.
(g) 
The minimum side yard setback shall be eight feet.
(h) 
The minimum combined side yard setback shall be 20 feet.
(i) 
The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 55%. However, the maximum impervious surface coverage allowed shall increase to 60% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.
[Added 3-20-2007 by Ord. No. 2007-34]
(j) 
Internal walkways and patios shall be set back at least three feet from the lot line.
[Added 3-20-2007 by Ord. No. 2007-34]
(4) 
Minimum requirements for two-, three- and four-family dwellings shall be as follows:
(a) 
The minimum lot area shall be 5,500 square feet per dwelling unit.
[Amended 5-31-1994 by Ord. No. 94-48]
(b) 
The minimum front yard setback shall be 25 feet.
(c) 
The minimum rear yard setback shall be 30 feet.
(d) 
The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.
(5) 
Building height shall be as follows:
(a) 
No building or structure utilized for residential use shall exceed 25 feet in height nor contain more than two usable floor levels measured vertically at any point in the building above grade.
(b) 
The maximum height of any nonresidential building or structure shall be 35 feet.
M. 
Open space and recreation in planned retirement communities shall be as follows:
(1) 
A minimum of 25% of the tract area of a planned retirement community shall be designated for common open space and active and passive recreation for the residents of the PRC, provided that the Planning Board in its sole discretion may grant a reduction in the amount of required common open space based upon the following guidelines:
(a) 
The Planning Board may reduce the amount of required common open space and recreation to 20% of the tract area of a PRC, provided that the developer of the PRC provides at least one clubhouse or community building for the PRC residents. Said clubhouse(s) shall provide a minimum of six square feet of clubhouse building area for each proposed dwelling unit within the PRC. The clubhouse or community building shall be constructed and operational prior to the issuance of the certificate of occupancy for the dwelling unit representing 50% of the total units in the approved PRC development plan. The development shall post appropriate guaranties, prior to the issuance of any certificates of occupancy within the PRC, to ensure construction of the clubhouse facilities.
(2) 
In addition to Subsection M(1)(a) above, the Planning Board may grant reductions in the amount of total common open space required; however, in no case shall such reduction result in the amount of common open space and recreation to be less than 15% of the tract area of the PRC, based upon the following criteria:
(a) 
The amount, quality and functionality of passive open space areas to be preserved and/or created are determined by the Board to be sufficient for the PRC residents; and
(b) 
The amount, quality and types of active recreation to be provided are determined by the Board to be sufficient.
(3) 
Lands used or deeded to public agencies for roads, streets or utilities, including easements, shall not be defined as common open space. However, bodies of water located within the tract may be counted as common open space.
(4) 
All lands set aside for open space shall be developed with active and passive recreation facilities to service the needs of the residents of the PRC. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionality of the lands set aside for open space.
(5) 
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas shall be an integral part of the development and shall be located to best suit the purpose for which they are intended.
N. 
Off-street parking. Off-street parking requirements within a planned retirement community shall be as follows:
(1) 
Off-street parking requirements for dwelling units within a planned retirement community shall be provided in accordance with § 130-81.
[Amended 6-24-1997 by Ord. No. 97-50]
(2) 
A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.
(3) 
All other uses, in accordance with § 130-81 of the Stafford Township Code.
O. 
Improvements. Unless otherwise specified in this section, all public and private on-site and off-site improvements related to the development of a planned retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Stafford Township Code.
P. 
Streets. With the exception of streets and roadways designated pursuant to the Circulation Plan Element of the Master Plan, which shall be public roadways, streets and roadways within any planned retirement community may be either dedicated to the public use, at the sole option of the Township Council, or privately owned, operated and maintained by a homeowners' association or analogous body. No residential lot or structure shall have direct access to any designated collector roadway contained in the Circulation Plan Element of the Master Plan. Residential lots may have frontage along such Master Plan designated roadways, provided that access to the lot is to be via a local street; and further provided that the required lot depth and required setback from the Master Plan designated roadway are each increased by a minimum of 20 feet, and direct access to the Master Plan roadway from said lots is precluded by appropriate enforceable legal instrument. The Planning Board may require landscaping or supplemental plantings within the additional setback area as required to buffer proposed residences.
Q. 
Maintenance and ownership of common property and improvements in planned retirement community. The ownership and maintenance of the common areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The developer shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the association shall cease to function through lack of participation of its members or be dissolved, the Township of Stafford shall have the right by special assessment to assess the owners of property in the development, annually, a sum of money which would be sufficient to pay the taxes on said common properties and improvements and for the proper upkeep, maintenance and preservation of the same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Stafford by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the developer, association or any other party in interest and to all lot owners of property in the PRC. A statement containing the provisions of this section shall be filed with the Clerk of Ocean County as part of the Declaration of Covenants, Conditions and Restrictions. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.
R. 
Planned mobile home park retirement community. Planned mobile home park retirement communities may be permitted in those zones specified, subject to the issuances of a conditional use permit in accordance with the following conditions:
[Added 9-5-1995 by Ord. No. 95-84]
(1) 
A planned mobile home park retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent senior citizen residents as contained in the Fair Housing Act, as amended in 1988.[7]
[7]
Editor's Note: See N.J.S.A. 52:27D-301 et seq.
(2) 
The minimum area of a planned mobile home park retirement community shall be 100 contiguous acres.
(3) 
The planned mobile home park retirement community shall be serviced by public sewer and water facilities.
(4) 
There shall not be more than 4 1/2 dwelling units per gross acre of the planned mobile home park retirement community.
(5) 
The planned mobile home park retirement community shall have access to a collector road designed and constructed in accordance with the Circulation Plan Element of the Master Plan, and said collector road shall have connection with Route 72 at a location consistent with the Circulation Plan Element of the Master Plan and approved by the Township, the Planning Board and New Jersey Department of Transportation (NJDOT).
(6) 
Twenty percent of the units within a planned mobile home park retirement community shall be set aside for occupancy by low- and moderate-income residents. A minimum of 10% of the units within the mobile home park retirement community shall be set aside for occupancy by low-income persons and up to 10% of the units for moderate-income persons, however, additional low-income units may be provided at the developer's discretion.
(7) 
The existence of a valid stipulation of settlement agreement be