[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.
[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:
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PA
|
Preservation Area Zone
|
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FA
|
Forest Area Zone
|
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PV
|
Pinelands Village Zone
|
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MC
|
Marine Commercial Zone
|
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RA
|
Rural Residential Zone
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RA-3
|
Low-Density Rural Residential Zone[1]
|
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RA-4
|
Rural Residential Zone
[Added 11-5-2007 by Ord. No. 2007-98] |
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RA-5
|
Rural Residential Zone
[Added 11-5-2007 by Ord. No. 2007-98] |
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R-2
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Residential Zone
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R-3
|
Residential Zone
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R-4
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Residential Zone
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R-90
|
Residential Zone
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R-75
|
Residential Zone
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RR-1
|
Residential Zone
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RR-2
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Residential Zone
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RR-2A
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Residential Zone
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R-3/PRC
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Planned Retirement Community Zone
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MU
|
Mixed Use Zone
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NC
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Neighborhood Commercial Zone
|
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C
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Cemetery
[Added 11-5-2007 by Ord. No. 2007-98] |
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LB
|
Local Business Zone
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CC
|
Community Commercial Zone[2]
|
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HC
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Highway Commercial Zone
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BP
| |
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BPRP
|
Business Park Redevelopment Plan
[Added 11-5-2007 by Ord. No. 2007-98] |
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NMC
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Neighborhood Medical Commercial Zone
|
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HMC
|
Highway Medical Commercial Zone[5]
|
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P
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Preservation Zone
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ROS
|
Recreation Open Space Zone
|
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W
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National Wildlife Refuge Zone
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ML
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Municipal Land Use Zone
|
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ML-SCH or RGL-SCH
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School Zone
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ML-P
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Park Zone[6]
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CO
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County Land Zone
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C-P
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County Park Zone
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S
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State Land Zone
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RMC
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Recreational Marine Commercial Zone
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RB
|
Rural Business Zone
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WPO
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Wellhead Protection Overlay Zone
[Added 10-15-1996 by Ord. No. 96-55] |
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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
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Multi-Family Affordable Housing Zone
[Added 8-6-2002 by Ord. No. 2002-52] |
|
MFAH-10
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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.
[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; 11-24-2020 by Ord. No.
2020-35]
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 November 24, 2020," 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.
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.
[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.
[Added 5-11-2021 by Ord. No. 2021-10]
A.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P. L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); "marijuana," as defined in N.J.S.A. 2C:35-2, and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or "marihuana," as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
B.
Prohibition of cannabis uses. All cannabis cultivators, cannabis
delivery services, cannabis distributors, cannabis manufacturers,
cannabis retailers, and cannabis wholesalers are hereby prohibited
from operating anywhere in the Township of Stafford, except for the
delivery of cannabis items and related supplies by a licensed cannabis
delivery service based and initiated from a cannabis delivery service
licensed location outside of the Township of Stafford.
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.
A.
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.
B.
The Mayor and Council of Stafford Township maintain the prohibition
against new residential duplexes and permit the reconstruction of
preexisting nonconforming duplexes and multifamily residential properties
in residential zones that have been totally destroyed provided that
they are not enlarged, extended, relocated or converted to any other
use or altered except in conformance with this chapter.
[Added 4-24-2018 by Ord.
No. 2018-05]
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).
(5)
Neighborhood Commercial Zone (NC).
(6)
Residential Zone (R-3).
(7)
Residential Zone (R-4).
(8)
Residential Zone (R-90).
(11)
Neighborhood Medical Commercial Zone (NMC).
(12)
Highway Medical Commercial Zone (HMC).
(13)
Recreation Open Space Zone (ROS).
(14)
Preservation Zone (P).
(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).
(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).
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)
ABANDONMENT
AFFORDABLE HOUSING
ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM
ANIMALS, THREATENED OR ENDANGERED
APPROVAL AGENCY
APPROVING AUTHORITY
ASSISTED LIVING FACILITY
CERTIFICATE OF FILING
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
DENSITY
DEVELOPMENT
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
DWELLING
INSTITUTIONAL USE
LOW-INCOME HOUSEHOLD
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
NOTICE OF FILING
PINELANDS ADMINISTRATIVE OFFICER
PINELANDS AREA
PLANTS, THREATENED OR ENDANGERED
PRESERVATION AREA or PINELANDS PRESERVATION AREA
PROTECTION AREA or PINELANDS PROTECTION AREA
SOLAR ENERGY FACILITY
SUBDIVISION
WETLANDS
WETLANDS, COASTAL
WETLANDS, INLAND
As used in this section, the following terms
shall have the meanings indicated:
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]
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.
An individual or community on-site wastewater 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
and that has been approved by the Pinelands Commission for participation
in the alternate design wastewater treatment systems pilot program
pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications
for each authorized technology are available at the principal office
of the Pinelands Commission.
[Added 3-4-2003 by Ord.
No. 2003-25; amended 12-11-2018 by Ord. No. 2018-28]
Those animals specified in N.J.A.C. 7:50-6.32.
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.
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."
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]
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]
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]
The average number of housing units per unit of land.
[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:
A change in the type of use of a structure or
land.
A reconstruction, alteration of the size or
material change in the external appearance of a structure or land.
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.
Commencement of resource extraction or drilling
or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Commencement of forestry activities
Deposit of refuse, solid or liquid waste or
fill on a parcel of land.
In connection with the use of land, the making
of any material change in noise levels, thermal conditions or emissions
of waste material.
Alteration, either physically or chemically,
of a shore, bank or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
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.
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.
Any development other than a major development, except those items listed in Subsection C(2).
Any structure or portion thereof which is designed or used
for residential purposes.
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]
A household earning less than 50% of 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.
A household earning no less than 50% and no more than 80%
of median income.
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]
The Zoning Officer for purposes of the application procedures set forth in § 211-9E(2).
[Added 7-6-1993 by Ord. No. 93-46]
The area designated in Subsection A of Section 10 of the Pinelands Protection Act.
[1]A Pinelands plant species whose survival, worldwide, nationwide
or in the state, is in jeopardy.
[Amended 8-16-1988 by Ord. No. 88-65]
All lands located in the Pinelands Area which are not within
the Preservation Area.
[Amended 12-20-1988 by Ord. No. 88-96]
A solar energy system and all associated components, including,
but not limited to, panels, arrays, footings, supports, mounting and
stabilization devices, inverters, electrical distribution wires and
other on-site or off-site infrastructure necessary for the facility,
which converts solar energy into usable electrical energy, heats water
or produces hot air or other similar function.
[Added 12-11-2018 by Ord.
No. 2018-28]
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]
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]
The meaning ascribed to the word in N.J.A.C. 7:50-6.4.
The meaning ascribed to the word in N.J.A.C. 7:50-6.5.
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.
(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.
(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:
[Amended 10-18-1988 by Ord. No. 88-78; 12-11-2018 by Ord. No. 2018-28]
[a]
If the addition or structure will be located on
or below an existing impervious surface, either the existing use is
served by public sewers or the addition or structure will generate
no wastewater flows, and said addition or structure will cover an
area of no more than 4,999 square feet; and
[b]
If the addition or structure will not be located
on or below an impervious surface, said addition or structure will
generate no wastewater flows and will cover an area of no more than
1,000 square feet.
[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 and other
paved surfaces, provided no increase in the paved width or area of
said roads and surfaces will occur.
[Added 3-4-1997 by Ord. No. 97-17; amended 12-11-2018 by Ord. No. 2018-28]
[12]
The clearing of land solely for agricultural
or horticultural purposes.
[Added 3-4-1997 by Ord. No. 97-17; amended 12-11-2018 by Ord. No. 2018-28]
[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]
[19]
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 12-11-2018 by Ord.
No. 2018-28]
[20]
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 12-11-2018 by Ord.
No. 2018-28]
[21]
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 12-11-2018 by Ord.
No. 2018-28]
[22]
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 12-11-2018 by Ord.
No. 2018-28]
(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
shall be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the approval agency that
the application has been modified. Said notice shall contain:
[Amended 8-16-1988 by Ord. No. 88-65; 7-6-1993 by Ord. No. 93-46; 12-11-2018 by Ord. No. 2018-28]
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(e)
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 approval agency.
(f)
The approval agency with which the application or change there
to was filed.
(g)
The content of any change made to the application since it was
filed with the Commission, including a copy of any revised plans or
reports.
(h)
The nature of the municipal approval or approvals being sought.
(3)
Notice of hearings or meetings.
[Amended 7-6-1993 by Ord.
No. 93-46; 12-11-2018 by Ord. No. 2018-28]
(a)
Where a meeting, hearing or other formal proceeding 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 email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
[1]
The name and address of the applicant.
[2]
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
[3]
The date, time and location of the meeting, hearing or other
formal proceeding.
[4]
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding.
[5]
Any written reports or comments received by the approval agency
on the application for development that 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 approval agency.
(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 approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
[Amended 8-16-1988 by Ord. No. 88-65; 7-6-1993 by Ord. No. 93-46; 12-11-2018 by Ord. No. 2018-28]
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval
agency.
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission.
(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. If the application was approved, a copy of any
preliminary or final plan, plot or similar document that was approved
shall also be submitted.
(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]
(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]
(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.
(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.
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:
[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:
(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
(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:
[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.
[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.
(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.
[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.
[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; and
[Amended 12-11-2018 by Ord. No. 2018-28]
[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.
[Amended 12-11-2018 by Ord. No. 2018-28[7]]
[7]
Editor's Note: This ordinance also repealed former Subsection
G(8)(b)[7][l], which prohibited the installation of a system after
8-5-2007, which immediately followed this subsection.
(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.[8]
[8]
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[9]]
[9]
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.
[Amended 10-18-1988 by Ord. No. 88-78; 3-4-1997 by Ord. No. 97-17; 6-6-13-2000 by Ord. No. 2000-45; 6-21-2022 by Ord. No. 2022-21]
(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:
[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.
[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)
(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)
(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.
(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.
(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]
In the Forest Area Zone (FA), the following
are permitted uses:
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]
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]
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.
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.
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:
(3)
The residential cluster shall be located on the parcel such that
the development area:
(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.
The following shall apply to the Preservation
Area Zone (PA):
A.
Permitted uses shall be as follows:
(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 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; 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; and accessory uses.
[Amended 12-6-2011 by Ord. No. 2011-36; 12-11-2018 by Ord. No. 2018-28]
(i)
Pinelands development credits shall be used
in the following manner:
[Added 11-24-1992 by Ord. No. 92-77]
[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]
The following shall apply on the Pinelands Village
Zone (PV):
A.
Permitted uses shall be as follows:
(2)
All uses permitted in the Forest Area Zone, subject
to the standards and requirements contained therein, provided that:
(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.
[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.
ACTIVITY
CATEGORY ONE (C1) WATERS
CATEGORY TWO WATERS
FLOODWAY
HYDROLOGIC UNIT CODE (HUC 14)
INTERMITTENT STREAM
LAKE, POND, OR RESERVOIR
LAND-DISTURBING ACTIVITY
PERENNIAL STREAM
RIPARIAN BUFFER CONSERVATION ZONE (RBCZ)
STREAM (WATERWAY)
SURFACE WATER BODY
TOP OF BANK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any land disturbance, including any development for which
an application for development is necessary.
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.
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).
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.
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.
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.
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.
Any grading, scraping, excavating or filling of land, clearing
of vegetation, and any other construction or addition to the footprint
of a structure.
A stream that flows continuously throughout the year in most
years.
An area of land or water within or adjacent to a surface
water body within the municipality.
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.
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.
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:
(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:
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.
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]
(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.
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]
(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]
[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.
[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:
[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.
[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.
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]
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]
(2)
Marinas, boat sales and repair businesses.
(3)
Retail stores.
(4)
Outside boat storages.
(6)
Restaurants, bars and taverns.
[Amended 5-18-1993 by Ord. No. 93-32; 9-11-2018 by Ord. No.
2018-17]
(7)
Hotels/motels with a minimum of 100 guest sleeping
rooms and associated banquet facilities, swimming pools and outdoor
seating. [NOTE: It is understood that under this code both hotels
and boatels are permitted uses but only one use is approvable for
any site. The applicant must select between a hotel or a boatel.]
[Amended 5-18-1993 by Ord. No. 93-32; 6-24-1997 by Ord. No. 97-48; 9-11-2018 by Ord. No. 2018-17]
(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 100 guests suites.
[NOTE: It is understood that under this code both hotels and boatels
are permitted uses but only one use is approvable for any site. The
applicant must select between a hotel or a boatel.]
[Added 6-20-2006 by Ord. No. 2006-42; amended 9-11-2018 by Ord. No.
2018-17]
(16)
Outdoor commercial recreational activities including swimming
pools, miniature golf, golf driving ranges and batting cages.
[Added 9-11-2018 by Ord.
No. 2018-17]
(17)
Microbreweries.
[Added 9-11-2018 by Ord.
No. 2018-17]
(18)
Water excursion vesicles for private parties or other similar
uses.
[Added 9-11-2018 by Ord.
No. 2018-17]
(19)
Water-related activities such as boat, recreational watercraft
and other similar items for rent or use.
[Added 9-11-2018 by Ord.
No. 2018-17]
E.
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)
Maximum building high shall be 50 feet. The building height may be increased by 10% for architectural features. The maximum building height shall be increased to four stories/60 feet from base flood elevation for uses permitted under § 211-15A(1) and (7).
[Added 9-11-2018 by Ord.
No. 2018-17]
(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]
[Added 6-13-1989 by Ord. No. 89-40]
A.
Permitted uses.
(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]
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.
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]
D.
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]
(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]
(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.
[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.
D.
Permitted signs shall be as follows:
(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:
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 yard setback shall
be 15 feet, and the minimum accessory rear yard setback shall be 40
feet, except as otherwise specified in this chapter.
[Amended 11-20-2018 by Ord. No. 2018-26]
(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.
[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.
D.
Conditional uses shall be as follows:
(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:
(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:
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.
[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:
(3)
Essential services.
C.
Permitted accessory uses shall be as follows:
(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:
[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).
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:
(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.[2]
[2]
Editor's Note: Former Subsection D(11), regarding special
event signs, which immediately followed, was repealed 6-21-2022 by Ord. No. 2022-21.
E.
Conditional uses. The following uses shall be permitted
as conditional uses in the RA-5/ROS Zone:
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:
(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.
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]
(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]
D.
E.
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.
(a)
There shall be a rear yard setback of five feet and a side yard setback
of two feet for sheds and other similar structures only that are not
greater than 12 feet in height and not greater than 150 square feet
in area.
[Added 9-26-2017 by Ord.
No. 2017-24]
(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]
(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.
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]
(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]
D.
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.
(a)
There shall be a side yard setback of two feet and a rear yard
setback of five feet for sheds and other similar structures only that
are not greater than 12 feet in height and not greater than 150 square
feet in area.
[Added 9-26-2017 by Ord.
No. 2017-25]
(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]
(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.
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]
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]
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.
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]
(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]
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.
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:
(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:
(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]
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:
(d)
Building height shall be as follows:
(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.
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]
D.
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]
(a)
There shall be a rear yard setback of five feet and a side yard setback
of two feet for sheds and other similar structures only that are not
greater than 12 feet in height and not greater than 150 square feet
in area.
[Added 9-26-2017 by Ord.
No. 2017-26]
(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]
(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.
(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]
The following shall apply in the Residential
Zone (R-75):
A.
Permitted uses shall be as follows:
(1)
Detached single-family dwellings.
(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]
D.
E.
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(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.
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]
(a)
There shall be a rear yard setback of five feet and a side yard setback
of two feet for sheds and other similar structures only that are not
greater than 12 feet in height and not greater than 150 square feet
in area.
[Added 9-26-2017 by Ord.
No. 2017-27]
(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]
(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]
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]
(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]
C.
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
D.
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]
(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.
The following shall apply in the Residential
Zone (RR-2):
A.
Permitted uses shall be as follows:
(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]
C.
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
D.
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]
(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.
[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:
(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]
C.
Permitted accessory uses shall be as follows:
D.
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]
(12)
Minimum rear yard setback for lagoonfront properties,
meaning setback from opened structures, such as decks, whether on
first or second floor: 10 feet.
[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]
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:
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]
(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:
(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:
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.
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:
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:
(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:
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]
(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 between the Township and developer of the planned mobile
home park retirement community shall be shown.
S.
The following shall also apply to a planned mobile
home retirement community:
[Added 9-5-1995 by Ord. No. 95-84]
(2)
Permitted accessory uses may include the following:
(a)
Recreational and cultural facilities for the
use of the residents and their guests, including but not limited to
the following: clubhouses/community buildings; swimming pools; tennis
courts; shuffleboard and bocce courts; picnic grounds; walkways; and
such other amenities as may be required pursuant to the Fair Housing
Act.[8]
[8]
Editor's Note: See N.J.S.A. 52:27D-301 et
seq.
(b)
Building and structures for the maintenance
and/or administration of the planned mobile home park retirement community.
(c)
Attached or detached garages or carports.
(d)
Fences and walls.
(e)
Gatehouses.
(f)
Sheds (garden, tool or storage).
(g)
Telecommunications center (cable television),
subject to applicable state and federal law.
(3)
Required accessory uses shall include off-street parking
as follows:
(4)
Permitted signs shall be as follows: One freestanding
sign or identification structure not to exceed 30 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 mobile home park retirement community, an additional
identifying sign may be placed at each such location, up to a total
of three identification signs, provided that no such identification
sign shall exceed 30 square feet in area or exceed eight feet in height
as measured from the adjoining top of curb or edge of pavement, in
the event there is no adjoining curb.
(5)
Minimum area, yard and building requirements for a
planned mobile home park retirement community shall be as follows:
(a)
No building or structure, other than walls or
fences, shall be located within 50 feet of any exterior boundary line
of the tract, except where such boundary adjoins commercially zoned
property in which case no building or structure shall be located within
35 feet of any exterior boundary.
(b)
No building or structure, other than walls or
fences, shall be located within 35 feet of any existing or planned
public road.
(c)
Minimum mobile home space area, yard and building
requirements shall be as follows:
[1]
The minimum mobile home space area shall be
6,000 square feet.
[2]
The minimum mobile home space width shall be
50 feet as measured at the required front yard setback line.
[3]
The minimum mobile home space frontage shall
be 25 feet.
[4]
The minimum mobile home space depth shall be
65 feet.
[5]
The minimum of any mobile home setback from
a private roadway shall be 25 feet.
[6]
The minimum distance between units (end to end)
shall be 30 feet.
[7]
The minimum distance between units (side to
end) shall be 15 feet.
[8]
The minimum distance between units (side to
side) shall be 12 feet.
[9]
The maximum height of any structure used for
residential purposes shall be 20 feet.
(d)
No accessory building or structure shall be
located in any front yard area of a mobile home space and no accessory
structure shall be located within 12 feet of a mobile home unit on
an adjoining mobile home space or exceed 12 feet in height.
(6)
Active recreation facilities specifically designed
to meet the physical and social needs of persons 55 years old or older
shall be required. Such recreational facilities shall include as a
minimum: a clubhouse/community building of a minimum size of 3,000
square feet; passive recreational (open space) areas; and active recreational
facilities, including swimming pool and bocce ball courts (or similar-type
sport facility). Passive recreational areas (open space) shall be
a minimum of 5% of the total tract area and shall include all buffer
areas and stormwater detention and retention areas where resident
access is not restricted. Site amenities including but not limited
to walkways, benches and tables are encouraged but not required within
passive recreational (open space) areas. Bodies of water located within
the tract may be counted as open space.
(7)
No mobile home space shall have direct vehicular access
to a public street.
(8)
All utilities are to be constructed underground.
(9)
If a planned mobile home retirement community is to
be developed in phases (sectionalized) the developer shall submit
a phasing (sectionalization) plan. Such phasing (sectionalization)
plan shall require the approval of the Planning Board and all final
approvals of a phase(s) or section(s) shall be in accordance with
the approved phasing (sectionalization) plan. The phasing (sectionalization)
of development shall be such that if development of the site were
discontinued after completion of any phase (section) of the site,
the developed portion of the site would comply with the standards
prescribed for a planned mobile home community pursuant to this chapter
and adequate circulation, drainage and utility systems provided.
T.
Planned mobile home retirement communities are privately owned and operated facilities intended to improve the Township's overall housing mix and to provide housing to a substantial number of low- and moderate-income senior citizens. This subsection is intended to eliminate, modify or supplement provisions of the Township's development regulations that may generate costs in the development of such housing facilities not essential to protect the public welfare and to facilitate developing and maintaining housing for low- and moderate-income senior citizens. All public and private improvements related to the development of a planned mobile home retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Township Code of the Township of Stafford, except as specifically waived, modified or supplemented by the following. Provisions of this subsection shall supersede any conflicting section of this chapter or Chapter 130, Land Use and Development, of the Township Code of the Township of Stafford.
[Added 9-5-1995 by Ord. No. 95-84]
(1)
Buffers. A fifty-foot wide buffer area shall be provided
between all existing residential development and any development within
the planned mobile home retirement community. A thirty-foot wide buffer
area shall be provided in all other areas along the perimeter of the
planned mobile home retirement community, except where said perimeter
shall be adjacent to commercially zoned property or mobile home development,
in which case a fifteen-foot wide buffer shall be provided. A fifteen-foot
wide buffer area shall be provided along the entire frontage of any
public roadway within or adjoining the planned mobile home park retirement
community. No portion of any buffer area shall be utilized for any
other purpose or use, except as otherwise specifically provided in
this chapter, nor shall any portion of a buffer area be utilized as
part of a mobile home space. All buffer areas shall be deed restricted
for such purpose.
(2)
Landscaping. Landscaping and clearing shall be in accordance with the provisions of §§ 130-50, 130-51 and 130-52, except as follows:
(a)
The size (height and/or caliper) of any required
plant material may be reduced to no less than 75% of the required
standard.
(b)
The number of required plantings may be reduced
to no less than 60% of the required standard.
(c)
The developer of a planned mobile home park
retirement community shall develop and follow a typical planting plan(s)
approved by the Planning Board for individual mobile home spaces,
which at a minimum shall provide a minimum of two shade trees and/or
evergreen trees and 10 shrubs per mobile home space. Shade trees shall
be a minimum 1 1/2 inches to two inches caliper, and evergreen
trees shall be a minimum of six to eight feet in height. The shade
tree/evergreen tree requirement may be waived for individual mobile
home spaces where existing trees of equivalent size and location have
been preserved as determined and certified by an engineer licensed
in the State of New Jersey. Specie selection shall be approved by
the Planning Board or its designee.
(d)
All disturbed or unvegetated areas within the
planned mobile home retirement community shall be graded with a minimum
of four inches of topsoil and stabilized with grass, or in lieu of
topsoil and grass, three inches of decorative stone over filter fabric.
(e)
The streetscape provisions of § 130-51B shall not apply to the private streets within a planned mobile home retirement community.
(f)
The developer of a planned mobile home retirement
community shall be permitted to transplant plant material on site
in lieu of the provision of nursery stock material, provided that
said plantings are otherwise in accordance with this subsection.
(g)
Section 130-51D(2) shall not be applicable to a planned mobile home retirement community.
(h)
The provisions of § 130-51H(3) and (4) shall not be applicable to a planned mobile home retirement community.
(3)
Private streets and roads. All private roads within
the planned mobile home park, including all stormwater management
facilities related thereto, shall be constructed, owned, operated
and maintained by the developer and be constructed in accordance with
the following minimum standards:
(a)
Pavement width shall be 28 feet with no required
shoulder to accommodate two ten-foot wide travel lanes and an eight-foot
wide area on one side to permit parking. Parking shall be limited
to one side on all private streets.
(b)
Pavement cross section shall be a minimum of
six inches of Class A or B road gravel and two inches of FABC-1 surface
course.
(c)
No curbing shall be required except at key locations,
such as street intersections or where required for drainage purposes,
to be approved by the Planning Board. No sidewalks shall be required
except related to the clubhouse/community building.
(d)
In lieu of the conventional streetlighting requirements set forth in § 130-66B, the developer may elect to utilize an alternative streetlighting system, such as residential lamp posts on individual properties; provided, however, that such alternative system shall provide adequate and safe lighting of all private streets within the planned mobile home retirement community. The developer shall provide an acceptable plan for the continuous operation and maintenance of such alternative streetlighting system.
(4)
Public roads. All roadways within and adjacent to the planned mobile home retirement community designated pursuant to the Circulation Plan Element of the Master Plan shall be public roads and constructed in accordance with the standards of this chapter and Chapter 130 of the Township Code of the Township of Stafford except as follows:
(a)
The pavement width of the Master Plan roads shall be a minimum of 24 feet with two eight-foot wide grassed-over gravel shoulders. The gravel shoulders shall be a minimum of six inches of Type 2, Class B gravel. The pavement cross section for the public roadways shall be in accordance with the requirements for collector streets of § 130-66A(15)(b).
(b)
No curbing shall be required except at key locations,
such as street intersections or required for drainage purposes, as
approved by the Planning Board. No sidewalks shall be required along
public roadways.
(c)
Streetlighting along all public streets constructed as part of a planned mobile home community shall be in accordance with § 130-66B; provided, however, that the locations of required streetlights shall be limited to all new street intersections.
(d)
No parking shall be permitted on any public
street constructed as part of a planned mobile home retirement community.
(5)
Stormwater management. The stormwater management system for a planned mobile home retirement community shall be designed and constructed in accordance with the standards and requirements of § 130-74 through 130-78 of the Township Code of the Township of Stafford except as follows:
(a)
Subsurface infiltration systems shall not be
mandated. The responsibility for the operation and maintenance of
the stormwater management system shall lie with the owner of the planned
mobile home retirement community.
(b)
The provisions of § 130-75E(1), (2) and
(3) shall not be applicable to a planned mobile home retirement community
in lieu of the following requirements:
[1]
Soil borings and the accompanying boring logs
and soil analysis in support of construction plans and the stormwater
management plan design shall be provided in accordance with the following
requirements:
[a]
Borings shall be spaced evenly
throughout the tract.
[b]
One boring not less than 10 feet
below existing grade shall be made for every 10 acres, or portion
thereof, of land within a tract where the seasonal high water table
is found to be six feet or more below the existing grade at all boring
locations.
[c]
In addition to the above, in those
areas where the seasonal high water table is found to be six feet
or less below the existing grade, one additional boring per two acres
shall be required.
[d]
Boring logs shall show soil types
and characteristics encountered, groundwater depths, the methods and
equipment used, the name of the firm, if any, making the borings and
the name of the person in charge of the boring operation. The boring
logs shall also show surface elevations to the nearest zero and one-tenth
(0.1) foot and shall indicate the estimated seasonal high water table
depth, taking soil mottling into consideration.
[2]
Where detention and retention facilities are
proposed to be utilized, a minimum of one test pit and one percolation
test shall be performed at each such location. For large detention
and/or retention facilities, test pits and percolation tests shall
be required at a rate of one test pit and one percolation test per
three acres of basin size. The test pit and percolation test requirements
shall not be applicable to proposed wet basins. The Board Engineer
may require additional test pits, not to exceed one per acre, in retention
basin areas where soil testing indicates varying soil conditions and/or
a seasonal high water table within three feet of the proposed bottom
of such basin.
[3]
All test pit reporting and percolation tests
shall be prepared under the supervision of a licensed New Jersey professional
engineer.
(6)
Performance and maintenance guaranties. The developer
of a planned mobile home retirement community shall not be required
to post performance or maintenance guaranties for improvements to
be owned, operated or maintained by the owner of the planned mobile
home retirement community; provided, however, that prior to the issuance
of a certificate of occupancy for each and every mobile home unit,
the developer shall submit written documentation signed and sealed
by a licensed engineer in the State of New Jersey certifying the satisfactory
completion of all improvements to the mobile home space and the adjoining
street upon which it is located, in accordance with the approved design
plans and construction details as part thereof. Required improvements
to the mobile home space to be certified as completed shall include
but not be limited to all required grading, driveway construction,
landscaping and lighting. Improvements to the adjoining street to
be certified as satisfactorily completed shall include but not be
limited to lighting, utilities, drainage improvements, curbing and
final paving from the mobile home space for which a certificate of
occupancy is sought, continuously to a section of the roadway previously
certified as satisfactorily completed in accordance with approved
development plans to an approved and accepted public street. A certification
shall also be required as to consistency with the schedule of occupancy
of low- and moderate-income households set forth in § 211-25T(11)(c)[2].
Performance guaranties for improvements to be owned by the Township
shall not be required; provided, however, that no certificate of occupancy
for any mobile home unit shall be issued until the following have
been completed:
(a)
A written certification shall have been issued
by the Township Engineer that all public improvements within the phase
(section) of the planned mobile home retirement community within which
the mobile home unit is located have been completed in accordance
with the approved development plans and Township standards. The phasing
(sectionalization) of the planned mobile home retirement community
shall be in accordance with the approved Phasing (sectionalization)
Plan.
(b)
The Township Council shall have accepted, or
adopted a resolution of intent to accept, said public improvements.
(c)
A maintenance guaranty in accordance with the requirements of § 130-102 shall be required for all public improvements constructed as a result of the development of the planned mobile home retirement community. The provisions of this subsection shall not be construed to require the posting of performance guaranties for any improvements.
(7)
Inspection fees. A developer of a planned mobile home retirement community shall not be required to post inspection fees for improvements to be constructed, owned, operated and maintained by the developer. Inspection fees for public improvements shall be required in accordance with the provisions of § 130-100 of the Township Code of the Township of Stafford, except that the amount and schedule of payment of said fees shall be in accordance with the stipulation of settlement agreement between the Township and developer.
(10)
Environmental impact. § 130-94 shall not be applicable to a planned mobile home retirement community; provided, however, that the developer shall provide the Planning Board with a copy of any environmental impact statement and supporting information required by other governmental agencies.
(11)
Affordable housing provisions. The developer/owner
of a planned mobile home retirement community shall meet the following
requirements related to affordable housing:
(a)
The developer shall set aside 20% of the total
number of mobile home units and mobile home spaces within the planned
mobile home retirement community for occupancy by low- and moderate-income
persons. A minimum 10% of the total units and spaces set aside shall
be occupied by low-income persons.
(b)
The low- and moderate-income units and spaces shall not be concentrated but rather shall be evenly placed throughout the mobile home community. The required phasing (sectionalization) plan shall include a designation of the number and location of proposed low- and moderate-income mobile home spaces and such plan shall meet the phasing requirements of the low- and moderate-income units and spaces set forth in Subsection T(11)(d)[2] below.
(c)
All mobile home spaces designated for occupancy
by low- and moderate-income persons shall be restricted for such use
by deed or other document, in a form approved by the Township's designated
legal counsel, for a period of not less than 30 years. Said deed restriction
or other document shall be recorded with the Clerk of Ocean County,
or appropriate recording agency, prior to the issuance of any building
permits for such units. All low- and moderate-income mobile home units
shall be subject to resale agreements in a form approved by the Township's
designated legal counsel, for a period of not less than 30 years.
(d)
The developer shall submit a plan to be approved
by the Township Council to ensure the initial and continuing occupancy
of the mobile home units and mobile home spaces set aside for low-
and moderate-income households. Such plan shall include as a minimum
the following:
[1]
An affirmative marketing plan for the initial
sale of the mobile home units and rental of mobile home spaces; continuing
marketing after initial sale/rent up; and monitoring reporting. Such
affirmative marketing plan shall be consistent with the requirements
of N.J.A.C. 5:93-12.
[2]
A plan for the phasing of occupancy of the low-
and moderate-income mobile home units and mobile home spaces as follows:
|
Minimum Percentage
of Low- and
Moderate-Income
Units Completed
|
Percentage of Market
Housing Units
Completed
| |
|---|---|---|
|
0
|
25
| |
|
10
|
25 + 1 unit
| |
|
50
|
50
| |
|
75
|
75
| |
|
100
|
90
| |
|
100
|
[3]
A plan that as a minimum meets the requirements
of N.J.A.C. 5:93-7.
[4]
A plan that as a minimum meets the requirements
of N.J.A.C. 5:93-9, particularly as to ensuring the affordability
of the mobile home units and mobile home spaces over time; income
qualification of low- and moderate-income households; placement of
low- and moderate-income households upon initial occupancy and as
they become available during the period of affordability controls;
and resale of mobile home spaces and re-rental of mobile home spaces.
[Added 10-15-1996 by Ord. No. 96-55]
A.
The WPO Zone is an overlay zone whereby, in addition
to the requirements of the underlying zoning district, the following
requirements shall apply. In the event of a conflict with the requirements
of the underlying zone, the provisions of the WPO Zone shall supersede.
B.
The following uses and activities shall be prohibited
in the WPO Zone:
(1)
Permanent storage or disposal of hazardous wastes,
industrial or municipal sludge or radioactive materials, including
solid waste landfills.
(2)
Collection and transfer facilities for hazardous
wastes, solid wastes that contain hazardous materials, and radioactive
materials.
(3)
Any use or activity requiring the underground
storage of hazardous material or waste in excess of an aggregate total
of 300 gallons.
C.
The following activities involved or conducted as part of an otherwise permitted or accessory use in the underlying zone shall be permitted only upon the finding of the Planning Board, as part of any required site plan or subdivision approval, that best management practices, or other procedures or measures, set forth in § 211-25.1E below, are in place such that a minimal threat is posed by the activity to groundwater quality in the wellhead protection area in which the activity is to be conducted:
(1)
On-site storage (above or below ground), use
or disposal of hazardous materials or wastes in excess of an aggregate
total of 50 gallons or 100 pounds.
(2)
Individual ground disposal systems.
(3)
Auto body and auto repair activities.
(4)
New and used truck and auto sales activities.
(5)
Contractor yards.
(6)
Commercial car washes.
D.
(1)
Retail sales establishments that store and handle
hazardous materials for resale in their original unopened containers.
(2)
Police, fire and emergency medical service facilities.
(3)
Municipal, county and state government facilities.
(4)
The use of any hazardous material solely as
fuel in a vehicle fuel tank or as a lubricant in a vehicle.
(5)
The transportation of a hazardous material through
the WPO Zone, provided that the transporting vehicle is in transit
and meets all state and federal requirements for the transportation
of such hazardous material.
E.
All activities regulated pursuant to § 211-25.1B and all site plan and major subdivision applications shall submit an environmental impact assessment addressing the requirements of § 130-94D and demonstrating to the satisfaction of the approving authority that the proposed use and/or activity employs, to the maximum extent practicable, best management practices, as set forth in § 130-83, to protect groundwater quality in the WPO Zone and minimize the risk of potential groundwater contamination. Nothing in this subsection shall relieve an applicant from the requirements of § 130-94A, B and C where applicable. Any waiver that may be granted by the approving authority from the requirements of § 130-94A, B and C shall not include waiver of the requirements of § 130-94D.
[1]
Editor's Note: Former § 211-25.1, Limited
Planned Residential Development Zone (PRD-3), added 8-16-1988 by Ord.
No. 88-64, as amended, was repealed 3-21-1995 by Ord. No. 95-34. The
PRD-3 Zone was also repealed 11-5-2007 by Ord. No. 2007-98.
The following shall apply in the Mixed Use Zone
(MU):
A.
Purpose:
(1)
Promote compact, mixed-use, pedestrian-oriented
development and greater employment opportunities.
(2)
Promote a diverse mixture of residential, commercial,
neighborhood, traditional downtown, educational, institutional, office,
and cultural and entertainment uses in close proximity to one another
in order to attract additional businesses employment opportunities,
places to live and destinations.
(3)
Emphasize pedestrian-oriented development within
walking distance of transit opportunities.
(4)
Emphasize appropriate pedestrian and bicycle
linkages between parks, civic uses, and government services.
(5)
Create a strong sense of place that represents
a unique, attractive, and memorable destination for visitors and residents.
(6)
Enhance the community's character through the
promotion of high-quality and coordinated design of building facades,
gateways, and streetscape, including textured sidewalks and crosswalks,
awnings, benches, landscaping, plazas, lighting, and signage.
(7)
Promote new development compatible with the
existing historic character of Manahawkin Village.
(8)
Encourage the use of energy-efficient design
as per LEED or Energy-Star Standards.
(9)
Encourage the provision of affordable housing through inclusionary
zoning.
[Added 1-19-2010 by Ord. No. 2010-03]
B.
Permitted uses shall be as follows:
(1)
Offices for members of a recognized profession
or business, including but not limited to a physician, dentist, chiropractor,
architect, engineer, planner, attorney, real estate broker, insurance
agent and 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,
restaurants, luncheonettes, barbershops, beauty shops, laundromats,
dry cleaners, appliance repair shops, and bookstores.
(3)
Antique shops.
(4)
Studios: art, dance, martial arts, music, photography,
etc.
(5)
Restaurants, diners, taverns, cafes, coffee
shops, and other eating and drinking establishments (excluding nightclubs
and fast-food restaurants, but including microbreweries).
(6)
Public and private schools.
(7)
Veterinary hospitals.
(8)
Child-care centers.
(9)
Financial institutions.
(10)
Long-term care facilities, assisted-living facilities,
residential health care facilities and continuing-care retirement
communities.
(11)
Recreational facilities, including but not limited
to parks, open space, plazas, courtyards, and other indoor recreation
amenities such as bowling lanes, racquetball courts, skating rinks,
tennis courts and theaters.
(12)
Churches and other places of worship.
(13)
Club and activities of a quasi-public, social,
fraternal or recreational character.
(14)
Funeral homes.
(15)
Family day-care homes and adult day-care health
facilities.
(16)
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.
(17)
Bed-and-breakfasts, restricted to properties
with frontage on Route 9, Bay Avenue, or Stafford Avenue.
(18)
Government services (city, county, state or
federal).
(19)
Mixed-use building on properties with frontage
on Route 9 or Bay Avenue only, provided that:
(a)
Residential density shall not exceed 11 units
per acre, calculated based on the developable area of land devoted
exclusively to a mixed-used building and associated improvements.
In those circumstances where a developer seeks to develop a mixed-use
residential building where the residential component of the mixed-use
building contains five or more residential units, said developer shall
provide and develop on site one affordable housing unit for every
four market-rate residential units constructed. Said affordable unit(s)
shall be compliant with COAH and UHAC regulations.
[Amended 1-19-2010 by Ord. No. 2010-03]
(b)
All nonresidential floor space provided on the
ground floor must have a minimum floor-to-ceiling height of 11 feet.
(c)
All nonresidential floor space provided on the
ground floor must contain the following minimum floor area:
(d)
To the greatest extent possible, the development
shall divide proposed buildings into smaller, individualized groups,
utilizing such features as courtyards, quadrangles, plazas and common
areas that encourage pedestrian activity and incidental social interaction
among users.
(20)
Single-family residences pursuant to the requirements
of the R-2 District, with the exception of properties fronting on
Route 9 or Bay Avenue.
[Added 10-7-2008 by Ord. No. 2008-98]
C.
Conditional uses shall include the following:
D.
Prohibited uses. All uses not expressly permitted
in this zone are prohibited.
F.
Required off-street parking shall be as follows:
(2)
Off-street parking for residential uses shall
be in conformance with the Residential Site Improvement Standards
(RSIS).
(3)
Off-street parking required for nonresidential
uses less than 2,500 square feet may be waived at the discretion of
the Planning Board, provided that sufficient off-street parking is
available within 600 feet of the use during its normal hours of operation.
(4)
All off-street parking spaces must be located
to the rear of the principal building or otherwise screened so as
to not be visible from the public right-of-way of residential zoning
districts.
(5)
Shared parking intended to reduce impervious
surface coverage for properties containing mixed-use buildings is
permitted subject to the recommendations of the Board Traffic Engineer.
G.
Area, yard and building requirements shall be as specified
in the Local Business (LB) Zone, except as otherwise provided within
this subsection herein:
(1)
The minimum lot area shall be 20,000 square
feet.
(2)
The minimum lot width shall be 150 feet.
(3)
The minimum lot depth shall be 100 feet.
(4)
Setbacks are intended to promote an appropriate
building placement and orientation to the street and to adjacent buildings
so as to facilitate pedestrian movement within mixed-use districts.
Buildings shall be set back as follows:
(5)
The maximum building height shall be three stories
for lots along Bay Avenue and for lots of five acres or more located
on Route 9. The maximum building height shall be two stories for lots
located along Route 9 on sites of less than five acres.
(6)
The maximum percent of impervious lot coverage
shall be 65%.
(7)
The maximum allowable floor area ratio for nonresidential
uses: 1.0.
H.
The following conditions must be met for multifamily
dwellings and townhouses:
(1)
The minimum lot area shall be 40,000 square
feet.
(2)
The maximum density shall be six dwelling units
per gross acreage for townhouses. In those circumstances where a developer
seeks to develop a townhouse development of five or more housing units,
said developer shall provide and develop on site one affordable housing
unit for every four market-rate townhouse units constructed. Said
affordable unit(s) shall be compliant with COAH and UHAC regulations.
[Amended 1-19-2010 by Ord. No. 2010-03]
(3)
The maximum density shall be eight dwelling
units per gross acreage for multifamily dwellings. In those circumstances
where a developer seeks to develop a multifamily development of five
or more housing units, said developer shall provide and develop on
site one affordable housing unit for every four market-rate multifamily
units constructed. Said affordable unit(s) shall be compliant with
COAH and UHAC regulations.
[Amended 1-19-2010 by Ord. No. 2010-03]
(4)
All multifamily and townhouse developments must
be served by public sewer and water facilities.
(5)
All multifamily and townhouse developments must
fully address pedestrian and bicycle circulation on site and integrate
its system as a component of Township's overall circulation plan.
I.
In addition to the conditions set forth in Subsection H above, the following standards shall apply to all multifamily developments, including fee simple townhouse developments, except as otherwise provided within Subsection I(14) herein. Where conflicts exist with other requirements of this zone, the provisions of this subsection shall supersede.
(1)
Setback from public streets. All buildings,
parking areas and other aboveground improvements, with the exception
of access drives, landscaping and screening areas, shall be set back
a minimum of 10 feet from the right-of-way of all public streets.
Prevailing setbacks shall apply. For properties to which the Highway
Access Management Code, Desired Typical Section (DTS) for Route 9,
applies, the Planning Board may require a larger setback along Route
9 if deemed required by the New Jersey Department of Transportation.
(2)
Setback from other 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 15 feet from all side and rear lot lines.
(3)
Building length. No principal building, when
viewed from any elevation, shall be greater than 100 feet in length.
(4)
Distance between principal buildings and internal
drives. No multifamily dwellings shall be located closer than 30 feet
to any access drive or internal roadway where access to a garage/driveway
is proposed, and no closer than 20 feet where no garage/driveway access
is proposed.
(5)
Distance between principal buildings and parking
areas. No principal building shall be located closer than 15 feet
to any parking area, except for access aisles or driveways to garages
and/or carports which are attached to principal buildings.
(6)
Building design standards and aesthetics. Building design standards and aesthetics shall be in conformance with Subsection J of this section.
(7)
The minimum percentage of open 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. Open space requirements
may be satisfied through the provision of public plaza, village streetscape
(i.e., creation of wider sidewalks or alleyways).
(8)
Maximum units per building: eight for townhouse
buildings; 12 for all other buildings.
(9)
Refuse and recycling storage. There shall be
provided at least one outdoor refuse and recycling storage area of
at least 100 square feet for each 20 dwelling units. 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.
(10)
Buildings shall have no more than two dwelling
units in a line without setbacks and/or breaks in building elevation
of at least five feet.
(11)
Maximum height. The maximum building height
shall be 32 feet or three stories, except that the third story shall
be under a pitched roof and contain dormers or other architectural
features to give the appearance of having only 2.5 stories. Buildings
shall be designed with a Victorian style turret or other architectural
treatments to serve as a focal point.
(12)
Minimum unoccupied open space. The minimum unoccupied
open space shall be 30%.
(13)
Maximum impervious tract cover shall be 55%.
(14)
Standards applicable exclusively to fee simple
townhouse developments:
(a)
If private roadways are proposed, such roadways
shall be located on a separate lot, owned by a homeowners' association,
and shall include a minimum of 10 feet along both sides of the cartway
to accommodate sidewalks, utilities, shade trees, and other such facilities
as may be approved by the Planning Board.
J.
Design standards.
(1)
General. Development projects shall be designed
and constructed to:
(2)
Consistent use of architectural details and
materials.
(3)
Features.
(a)
Street-level features. Long expanses of blank
walls shall be prohibited. Building wall offsets, including projections,
recesses, and changes in floor level, shall be used in order to add
architectural interest and variety; relieve the visual effect of a
single, long wall; and subdivide the wall into human-scale proportions.
Similarly, roofline offsets shall be provided to lend architectural
interest, add variety to the massing of a building and eliminate the
effect of a single, long roof.
(b)
Facade treatments.
[1]
A minimum of 60% to 75% of the
street-facing building facade (between two feet and eight feet tall)
must be comprised of clear windows that allow views of indoor nonresidential
space or product display areas.
[2]
The bottom edge of any window or
product display window may not be more than three feet to 3.5 feet
above the adjacent sidewalk.
[3]
Product display windows shall be
internally lit.
(c)
Doors and entrances.
[1]
Buildings must have a primary entrance
door facing a public sidewalk. Entrances at building corners may be
used to satisfy this requirement.
[2]
Building entrances may include
doors to individual shops or businesses, lobby entrances, entrances
to pedestrian-oriented plazas, or courtyard entrances to a cluster
of shops or businesses.
[3]
When nonresidential and residential
uses are located in the same structure, separate pedestrian entrances
shall be provided for each use. The entrances for nonresidential uses
shall be designed to be visually distinct from the entrances for residential
uses.
(e)
Walls and fences: reference existing standards.
(f)
Building types.
[1]
Frontage street commercial.
[a]
New construction. To fill in existing
vacant lots with high-quality commercial properties capable of contribution
to the general upgrading of the quality of Bay Avenue and Route 9,
new construction should be contemporary but based on traditional commercial
patterns that include a pedestrian orientation and large amounts of
glass fronts.
[b]
Infill construction. Encourage
preservation and sensitive refurbishment of buildings of historic
character and value. Encourage the upgrading and renovation of existing
buildings to improve their relationship to the street as well as their
general image (width-to-height proportion, materiality, facade articulation,
etc.)
[2]
Gateways. Create gateway developments
that anchor the ends/edges of the Bay Avenue and Route 9 corridors
that provide a substantial presence on available corner sites.
[3]
Mixed-use buildings. Encourage
high-quality mixed-use properties capable of simultaneously contributing
to the general upgrading of the quality of the corridors and providing
live-work opportunities. New construction should be contemporary,
favoring appealing building elements such as balconies, large windows,
high ceilings, and large glass surfaces at the first-floor level.
[4]
Multifamily. Create alternative,
residential types within the existing fabric of the community, encouraging
a greater diversity of inhabitants and densities of occupation. Permit
a larger number of inhabitants to be within walking distance of area
retail and commercial sites, thus improving street life and neighborhood
growth.
(g)
Roof form and pitch. Roofs shall be simple forms
such as hip, flat, shed, gable to front, or gable to side and shall
avoid excessive articulation.
(h)
Facade articulation and detailing. Architectural
elements, like openings, sills, bulkheads, columns, and other architectural
features, shall be used to establish human scale at the street level.
(i)
Upper-level features. Upper floor balconies,
bays, and windows that overlook the street shall be provided whenever
opportunities exist for such features.
(4)
Landscaping standards. The following landscape
standards establish the minimum criteria for the development of roadways,
parking areas, and other features to ensure continuity in aesthetic
values throughout the corridor:
(a)
Parking lots.
[1]
All new or expanded impervious
surfaces in existing parking lots with five or more spaces shall comply
with this section. This shall also apply to all new parking lots for
storefront, workplace, civic, and attached housing building types.
[2]
Parking lots are to be treated
as enclosed rooms for cars. For small lots (36 spaces or less), landscaping
shall be required at the perimeter; for large lots (more than 36 spaces),
landscaping shall be at the perimeter and the interior. In large lots,
the landscaping shall be placed to break the lot into parking modules
of not more than 36 spaces.
(b)
Landscaped buffers are required between parking,
commercial uses and residential uses.
(c)
At least 10% of each tract must be planted with
native species of trees.
(d)
Paving, grass block paving, open-faced pavers,
gravel, shells or stabilized stone dust are encouraged in parking
lots to minimize impervious surfaces.
(e)
Service and utility rooms, including transformers,
meter and junction boxes, and dumpsters, must be located away from
public rights-of-way and must be appropriately shielded by landscaping
to avoid visual/physical intrusion.
(f)
All streetscape elements such as light fixtures,
benches, etc., shall conform to the Township's specifications and
be subject to Township approval.
(5)
Operational standards.
(a)
Outdoor nonresidential uses in mixed-use buildings
shall be prohibited from operating between the hours of 10:00 p.m.
and 7:00 a.m., except that outdoor dining in designated "sidewalk
cafe" areas is permitted as an accessory use to a restaurant during
its normal hours of operation.
(b)
Joint tenants' and owners' association. A joint
tenants' and owner's association shall be formed to ensure the well-being
of each tenant and owner in a mixed-use project.
(c)
Loading and unloading. Where applicable, the
covenants, conditions, and restrictions of a mixed-use project shall
indicate the times when loading and unloading of goods may occur on
the street, provided that in no event shall loading or unloading take
place after 10:00 p.m. or before 7:00 a.m. on any day of the week.
(6)
Screening and buffering standards.
(7)
Historic structures. The Secretary of Interior's
Standards for Historic Preservation shall govern in the event of a
conflict of the design standards of this chapter with the design or
character of the architecture of existing structures listed on the
National and State Registers of Historic Places or the Stafford Historic
Sites Inventory.
K.
Parcel consolidation incentive program. In order to
encourage the assemblage of smaller existing parcels into larger parcels
that can be more efficiently developed into a mixed-use project, the
following incentives are offered:
(1)
Allowable incentives for parcel consolidation:
(a)
Reduction in required parking for a mixed-use
project, subject to the approval of the Board Traffic Engineer.
(b)
Increase in maximum total sign area, up to a
maximum of 20%, at the discretion of the Planning Board.
(c)
Increase in maximum lot coverage, up to a maximum
of 10%.
(d)
Reduction in common and/or private open space
requirements, up to a maximum of 10%, at the discretion of the Planning
Board.
L.
Historic buildings incentive. Buildings that have been deemed by the Township as having historic value and that are identified as having significant historic or cultural value within the historic preservation element of the 2007 Stafford Master Plan are encouraged to be maintained and retained or upgraded in a way that is substantially in accordance with its original character, consistent with the Secretary of the Interior's Standards for Historic Preservation. In order to promote the retention of such buildings, the Planning Board will allow the adaptive reuse of such buildings for the permitted uses enumerated in this section and offer the incentives as listed in Subsection K(1) above.
M.
Affordable housing incentive. The Planning Board shall consider the incentives listed in Subsection K(1) above for proposed townhouse and multifamily development and mixed-use residential buildings that contain five or more residential units and that are required to provide a twenty-percent affordable housing set-aside. The Planning Board shall also consider the following incentives in connection with density for all townhouse and multifamily development and mixed-use residential buildings that contain five or more residential units that are required to provide a twenty-percent affordable housing set-aside:
[Amended 1-19-2010 by Ord. No. 2010-03]
(1)
The maximum residential density for mixed-use residential buildings
for properties with frontage on Route 9 and Bay Avenue shall not exceed
13 dwelling units per acre, calculated based on the developable area
of land devoted exclusively to a mixed-use building and associated
improvements.
(2)
The maximum density for townhouses shall not exceed eight dwelling
units per acre.
(3)
The maximum density for multifamily projects shall not exceed 10
dwelling units per acre.
N.
Sustainable development/"green" design/LEED. The Planning Board shall offer the incentives listed in Subsection K(1) above for proposed new development that commits, as a condition of site plan approval, to obtaining a minimum of silver-level certification under LEED (Leadership in Energy and Environmental Design).
[1]
Editor's Note: This ordinance also repealed
former § 211-25.2, Mixed Use Zone (MU), added 5-3-1994 by
Ord. No. 94-43, as amended.
[Added 12-19-2000 by Ord. No. 2000-71]
A.
Permitted uses shall be as follows:
(1)
Multifamily dwellings limited to age-restricted
units for residents who are persons 55 years of age or older, as contained
in the Fair Housing Act, as amended in 1988.
B.
Required accessory uses shall be as follows:
(1)
Off-street parking at a rate of .75 parking
spaces per dwelling unit.
C.
Permitted accessory uses shall be as follows:
(1)
Recreational facilities (indoor and outdoor)
specifically designed to meet the physical and social needs of the
residents of the development.
(2)
Common meeting, dining, health care and resident
service areas located within the principal building(s).
(3)
Administrative offices and services located
within the principal building(s).
(4)
A single non-age-restricted dwelling unit for
a resident manager.
F.
Area, yard and building requirements shall be as follows:
(1)
The minimum lot area shall be five acres.
(2)
The minimum lot width shall be 200 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 20 feet.
(6)
The minimum rear yard setback shall be 50 feet.
(7)
The maximum building height shall be 45 feet
and three stories.
(8)
The maximum impervious coverage shall be 75%.
(9)
The maximum building length, as viewed from
any elevation, shall be 380 feet.
(10)
The minimum distance between principal buildings
shall be 40 feet.
(11)
The maximum permitted density shall be 16 dwelling
units per acre.
(12)
The minimum distance between principal building(s)
and parking areas shall be six feet.
(13)
The minimum distance between principal building(s)
and driveways shall be 15 feet, excluding front entrance drop-off
areas and loading areas.
The following shall apply in the Local Business
Zone (LB):
A.
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(2)
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 and
accountant and music, art or photography studios.
(3)
Any retail shopping facility or service establishment
which supplies commodities or performs a service primarily for residents
of the surrounding neighborhood, such as a food convenience stores,
delicatessens, meat markets, drugstores, variety stores, bakery shops,
restaurants, luncheonettes, barbershops, beauty shops, laundromats,
appliance repair shops and banks.
(5)
Restaurants, diners, taverns and other eating and
drinking establishments.
[Amended 3-19-1991 by Ord. No. 91-20]
(6)
Public and private schools.
(7)
Veterinary hospitals.
(8)
Child-care centers.
[Amended 5-3-1994 by Ord. No. 94-43]
(9)
Financial institutions.
[Amended 5-18-1993 by Ord. No. 93-32]
(10)
Long-term care facilities, assisted living facilities,
residential health care facilities and continuing care retirement
communities.
[Amended 3-19-1991 by Ord. No. 91-20; 5-3-1994 by Ord. No. 94-43; 10-21-1997 by Ord. No.
97-85]
(11)
Recreational and amusement facilities operated
for profit, including but not limited to bowling lanes, racquetball
courts, skating rinks, tennis courts and theaters.
[Amended 3-19-1991 by Ord. No. 91-20; 9-15-1992 by Ord. No. 92-57]
(12)
Contractors' and builders' offices.
[Amended 3-19-1991 by Ord. No. 91-20; 11-5-2007 by Ord. No. 2007-98]
(14)
Churches and other places of worship.
(15)
Private recreational buildings, club and activities
of a quasi-public, social, fraternal or recreational character, but
not of a commercial character.
(16)
Car washes.
[Amended 11-1-1994 by Ord. No. 94-100]
(18)
Funeral homes.
[Added 2-16-1993 by Ord. No. 93-11]
(19)
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(20)
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]
(21)
Bed-and-breakfasts with frontage on Route 9,
Bay Avenue or Stafford Avenue.
[Added 11-14-1995 by Ord. No. 95-104; amended 10-6-1998 by Ord. No. 98-73]
(22)
Public buildings for local government services.
[Added 2-20-1996 by Ord. No. 96-26]
(23)
Adult day health care facilities.
[Added 10-21-1997 by Ord. No. 97-85]
(24)
Microbreweries.
[Added 12-16-1997 by Ord. No. 97-99]
(26)
Combined residential and commercial uses, provided
that:
[Added 7-20-2004 by Ord. No. 2004-55; amended 12-20-2005 by Ord. No. 2005-111]
(a)
Only one residential unit shall be allowed on
the ground floor.
(b)
On-site shared parking is in conformance with
the Residential Site Improvement Standards (RSIS).
(c)
The requirements of area and bulk regulations
set forth for the LB Zone as listed within the schedule and district
regulations are met.
(d)
For properties located along Route 9 from Bay
Avenue to Hilliard Boulevard only, combined residential and commercial
shall be at a residential density not to exceed 16 units per acre.
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.
E.
F.
Area, yard and building requirements shall be as follows.
An attached group of stores shall be considered one building for the
application of the following area, yard and building requirements.
(1)
The minimum lot area shall be 20,000 square feet.
(2)
The minimum lot width shall be 150 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 45 feet.
(8)
The maximum percent of building and impervious cover
shall be 65%.
(9)
Increase the minimum percentage of green space to
45% with at least 40% of the required green space be provided in the
rear yard or side yard behind the buildings.
[Amended 11-26-1991 by Ord. No. 91-69; 11-5-2007 by Ord. No. 2007-98]
(10)
Where sanitary sewers are not or cannot be made
available, all development other than residential shall comply with
the area, yard and building requirements of the Rural Business Zone
(RB).
[Added 7-11-1989 by Ord. No. 89-43]
(11)
Minimum requirements for permitted uses pursuant to § 211-26A(10) shall be as follows:
[Added 10-21-1997 by Ord. No. 97-85]
(a)
Minimum lot area shall be three acres.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum lot depth shall be 200 feet.
(d)
Minimum front yard setback shall be 50 feet.
(e)
Minimum side yard setback shall be 50 feet.
(f)
Minimum rear yard setback shall be 50 feet.
(g)
Maximum percent of building and impervious cover
shall be 55%.
[Amended 11-5-2007 by Ord. No. 2007-98]
[Added 6-13-1989 by Ord. No. 89-41]
A.
Permitted uses.
(2)
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 and
accountant.
(3)
Any retail shopping facility or service establishment
which supplies commodities or performs a service primarily for residents
of the local area, such as delicatessen, drugstore, bakery shop, theaters,
restaurant, barbershop, bank or similar uses.
(4)
[2]Churches and other places of worship.
[Amended 5-18-1993 by Ord. No. 93-32]
[2]
Editor's Note: Former Subsection A(4), Hotels/motels, as amended, was repealed 6-24-1997 by Ord. No. 97-48. Former Subsection A(4), Cemeteries, added 7-21-1998 by Ord. No. 98-51, was repealed 7-6-1999 by Ord. No. 99-34. This ordinance also provided for the renumbering of former Subsections A(5) through (15) as Subsections A(4) through (14), respectively.
(5)
Recreational and amusement facilities operated
for profit, including but not limited to bowling lanes, racquetball
courts, skating rinks, tennis courts, hatchet-throwing establishments
and theaters.
[Amended 9-15-1992 by Ord. No. 92-57; 10-13-2020 by Ord. No. 2020-31]
(6)
Funeral homes.
[Added 2-16-1993 by Ord. No. 93-11]
(7)
Restaurants.
[Added 5-18-1993 by Ord. No. 93-32]
(8)
Long-term care facilities, assisted living facilities,
residential health care facilities and continuing care retirement
communities.
[Added 5-18-1993 by Ord. No. 93-32; amended 5-3-1994 by Ord. No. 94-43; 10-21-1997 by Ord. No. 97-85]
(9)
Financial institutions.
[Added 5-18-1993 by Ord. No. 93-32]
(10)
Child-care centers.
[Added 5-18-1993 by Ord. No. 93-32; amended 5-3-1994 by Ord. No. 94-43]
(11)
Veterinaries.
[Added 5-18-1993 by Ord. No. 93-32]
(12)
Family day-care homes.
[Added 5-3-1994 by Ord. No. 94-43]
(13)
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]
(14)
Adult day health care facilities.
[Added 10-21-1997 by Ord. No. 97-85]
B.
Required accessory uses. 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 purpose of providing off-street parking and loading, except
as provided elsewhere herein.
E.
Conditional uses.
(1)
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 square footage in excess of 5,000 square feet, no residential
unit shall be permitted.
(3)
[5] Cemeteries for human interment, including accessory uses
on the same lot customarily incidental to the operation of a cemetery
such as a chapel, columbarium, crematorium, mausoleum, office building,
living quarters for a caretaker, storage facilities for maintenance
equipment, statuary, greenhouses, and fountains, subject to the requirements
of § 211-35.K.
[Added 7-6-1999 by Ord. No. 99-34]
[5]
Editor's Note: Former Subsection E(3), Home
professional offices, was repealed 11-1-1994 by Ord. No. 94-96.
F.
Area, yard and building requirements. An attached
group of stores shall be considered one building for the application
of the following area, yard and building requirements:
(1)
Minimum lot area: one acre (43,560 square feet).
(2)
Minimum lot width: 200 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Minimum front yard setback: 60 feet.
(5)
Minimum side yard setback: 50 feet.
(6)
Minimum rear yard: 40 feet.
(7)
Minimum building height: 40 feet.
[Amended 4-3-1990 by Ord. No. 90-29]
(8)
Maximum percent of building and impervious cover:
55%.
[Amended 4-3-1990 by Ord. No. 90-29; 7-6-1999 by Ord. No. 99-34]
(9)
Minimum percentage of green space shall be 45%,
and no more than 40% of the required green space shall be provided
in the rear yard or side yard behind buildings.
[Amended 4-3-1990 by Ord. No. 90-29; 11-26-1991 by Ord. No. 91-69]
(10)
Minimum requirements for permitted uses pursuant to § 211-26.1A(9) shall be as follows:
[Added 10-21-1997 by Ord. No. 97-85]
(a)
Minimum lot area shall be three acres.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum lot depth shall be 200 feet.
(d)
Minimum front yard setback shall be 50 feet.
(e)
Minimum side yard setback shall be 50 feet.
(f)
Minimum rear yard setback shall be 50 feet.
(g)
Maximum percent of building and impervious cover
shall be 65%.
The following shall apply in the Highway Commercial
Zone (HC).
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, including medical uses [as defined in Subsection A(2)], dentist, architect, engineer, planner, attorney, real estate broker, insurance agent and accountant.
[Amended 3-7-1989 by Ord. No. 89-23; 3-19-1991 by Ord. No. 91-20; 5-23-2017 by Ord. No. 2017-12]
(2)
Retail shopping centers, consisting of integrated development of
such uses as retail stores and shops, medical uses, personal service
establishments, department stores, professional and business offices,
banks, post offices, restaurants, theaters and auditoriums, housed
in an enclosed building or buildings and utilizing such common facilities
as customer parking areas, pedestrian walks, truck loading space,
utilities and sanitary facilities and other necessary and appropriate
accessory uses, subject to and in conformance with the regulations
cited herein. Medical uses are defined as including, but not limited
to, urgent care, ambulatory medical services with minimal overnight
stays, surgery centers, oncology service centers, and similar medical
uses and services, either as a single use or as an integrated facility.
[Amended 5-23-2017 by Ord. No. 2017-12]
(3)
Major retail establishments, including but not limited
to antique and gift shops, furniture stores, hardware stores and department
stores.
(4)
Indoor private recreational and amusement facilities
operated for profit, including but not limited to bowling lanes, racquetball
courts, skating rinks, tennis courts and theaters.
(5)
Restaurants, diners, taverns and other eating and
drinking establishments.
(6)
New car or new boat dealerships.
[Amended 3-19-1991 by Ord. No. 91-20]
(7)
Hotels and motels with a minimum of 100 guest sleeping
rooms including banquet facilities and restaurant facilities, as well
as support buildings and other similar activities with outdoor seating
and service areas at grade or as rooftop deck.
[Amended 6-24-1997 by Ord. No. 97-48; 9-26-2017 by Ord. No.
2017-23]
(8)
Private and semipublic clubs, lodges and association
buildings, meeting rooms and halls.
(9)
Financial institutions.
[Amended 5-18-1993 by Ord. No. 93-32]
(11)
Pharmacies.
[Amended 5-18-1993 by Ord. No. 93-32]
(12)
Veterinaries.
[Amended 5-18-1993 by Ord. No. 93-32]
(13)
Car washes and auto body shops.
[Amended 11-1-1994 by Ord. No. 94-100]
(15)
Outdoor commercial recreational activities including but not limited to: swimming pools, miniature golf, golf driving range, batting cages, rope courses, zip lines, electric nonmotorized go-carts and other like recreational activities. All permitted recreational activities must be fully compliant with the Stafford Township Noise Code, § 142-1 et seq., and the New Jersey Noise Control Act.[3]
[Amended 9-6-1994 by Ord. No. 94-80; 9-26-2017 by Ord. No.
2017-23]
[3]
Editor's Note: See N.J.S.A. 13:1G-1 et seq.
(16)
One off-premises sign structure for commercial
or noncommercial advertisement not exceeding 150 square feet in sign
area for one side and not exceeding 300 square feet in sign area for
both sides.
(17)
Funeral homes.
[Added 2-16-1993 by Ord. No. 93-11]
(18)
The same as specified in the Highway Medical
Commercial (HMC) Zone, except long-term care facilities, assisted
living facilities, residential health care facilities, continuing
care retirement communities and adult day health care facilities.
[Added 6-10-1997 by Ord. No. 97-46; amended 10-21-1997 by Ord. No. 97-85]
(19)
Lumber and building material dealers.
[Added 4-15-2003 by Ord. No. 2003-40]
C.
Permitted accessory uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
Private swimming pools.
(2)
Outside storage uses, provided that such storage is
clearly accessory to the principal use of the site, and further provided
that areas devoted to the outside storage of materials shall be fenced
and screened from adjacent residential zones or uses in accordance
with this chapter or, in the case of adjacent businesses, by a dense
evergreen screen or masonry wall not less than four nor more than
six feet in height.
(3)
Garages for the inside storage of vehicles and materials.
(4)
Private tennis courts.
(5)
Motor vehicle repair garages, as an accessory component
to a retail automotive parts, tires and accessory establishment.
[Added 1-18-2000 by Ord. No. 2000-19]
D.
Permitted signs.
[Amended 5-16-1989 by Ord. No. 89-38]
(3)
When two or more permitted uses are combined in one
building or group of attached buildings, one wall or window sign for
each use shall be permitted, conforming to the requirements herein.
(4)
Directional sign (ingress and egress). Two freestanding
signs may be erected on the premises for the purpose of providing
directions to traffic entering or exiting the premises. The total
area of both signs shall not exceed eight square feet and shall be
mounted as to not obstruct vision.
(5)
Traffic control signs may be erected to control and
regulate the movement of traffic on the interior roadways on the premises,
provided that the number and location of such signs are approved by
the Planning Board.
(6)
Parking lot signs shall be erected within parking
areas to identify particular areas or sections of the parking lot.
In addition, freestanding signs may be erected at each end of a parking
aisle for identification purposes. Each sign shall not exceed one
square foot and the number and location of all signs shall be approved
by the Planning Board.
E.
F.
Area, yard and building requirements shall be as follows.
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 43,560 square feet. Said minimum lot area shall be increased to 87,120 square feet for permitted uses delineated under § 211-27A(7).
[Amended 4-2-2002 by Ord. No. 2002-20]
(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; 60 feet from Route No. 9 paved road
surface; and 50 feet from future 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. Said minimum rear yard setback shall be increased to 50 feet for permitted uses delineated under § 211-27A(7).
[Amended 4-2-2002 by Ord. No. 2002-20]
(7)
The maximum height shall be 70 feet for primary and
accessory structures. No structure may exceed the maximum permitted
height for the Highway Commercial Zone.
[Amended 4-2-2002 by Ord. No. 2002-20; 9-26-2017 by Ord. No. 2017-23]
(8)
The maximum percent of lot coverage for buildings
and all impervious surface areas 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]
[Amended 8-16-1988 by Ord. No. 88-64; 11-21-1989 by Ord. No. 89-68; 3-6-1990 by Ord. No. 90-20; 2-19-1991 by Ord. No. 91-12; 10-20-1992 by Ord. No.
92-68; 5-18-1993 by Ord. No. 93-31; 1-17-1994 by Ord. No. 94-03; 5-3-1994 by Ord. No. 94-45; 10-1-1996 by Ord. No. 96-59[1]; 11-5-2007 by Ord. No. 2007-98]
The following shall apply in the Business Park
Redevelopment Plan (BP):
A.
Permitted uses shall be those sections of the 1987
Standard Industrial Development Classifications Manual adopted herein
by reference, including:
(2)
Food and related products (Code 20), excluding meat
packing plants (2011); sausage and other prepared meats (2013); poultry
slaughtering and processing (2015); animal and marine fats and oils
(2077).
(3)
Textiles (Code 22) - all sections.
(4)
Apparel and other textile products (Code 23) - all
sections.
(5)
Lumber and wood products (Code 24), excluding logging
camps and logging contractors (2411).
(6)
Furniture and fixtures (Code 25), with additional
subclassifications listed as conditional uses.
(7)
Paper and related products (Code 26), excluding pulp
mills (2611); paper mills (2621); paperboard mills (2631).
(8)
Rubber and miscellaneous plastics (Code 30) - all
sections.
(9)
Leather and leather products (Code 31), excluding
leather tanning and finishing (3111).
(10)
Electronic and electronic equipment (Code 36),
excluding commercial equipment (366); electronic components and accessories
(367).
(11)
Instruments and related products (Code 38) -
all sections.
(12)
Trucking and warehousing (Code 42), with additional
subclassifications listed as conditional uses.
(13)
Auto repair services and parking (Code 75),
with additional subclassifications listed as conditional uses.
C.
Permitted accessory uses shall be as follows:
(1)
Other customary accessory uses and buildings which
are clearly incidental to the principal use and building.
E.
Conditional uses shall be as follows:
(6)
Combined residential and commercial uses in only one
structure, provided that only one residential unit used solely in
conjunction with the primary use of a golf course shall be permitted
on the property, and further provided that the only residential unit
shall be used for the occupancy of a golf course employee.
[Added 7-21-1998 by Ord. No. 98-51; amended 9-8-1998 by Ord. No. 98-59]
F.
Area, yard and building requirements shall be as follows.
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 one acre.
(2)
The minimum lot width shall be 200 feet.
(3)
The minimum lot depth shall be 200 feet from any future
right-of-way.
(4)
The minimum front yard setback shall be 40 feet for
lots having a depth of 300 feet or less; provided, however, that in
no case shall the front yard setback be less than the height of the
building. For lots having a depth greater than 300 feet, the minimum
front yard setback shall be 50 feet; provided, however, that in no
case shall the front yard setback be less than the height of the building.
No parking is permitted between the front property line and the front
line of the building closest to the front property line.
(5)
The minimum side yard setback shall be 20 feet.
(6)
The minimum rear yard setback shall be 30 feet.
(7)
The maximum height shall be 80 feet, except that the
maximum height for antennas, public or private, shall not exceed the
maximum height permitted by the Pinelands Comprehensive Management
Plan and/or FAA regulations, whichever is more restrictive.
(8)
The maximum percentage of lot coverage for buildings
and all impervious surface areas shall be 80%.
(9)
The minimum percentage of green space shall be 20%.
(10)
The minimum building size for buildings constructed
in the industrial zone shall be 10% of buildable area of the lot.
A building can be constructed in phases, and the total building area
to be constructed in all phases shall meet the minimum of 10% of the
buildable area of the lot.
[1]
Editor's Note: This ordinance renamed the
former Industrial Zone (I) as the Business Park Zone (BP).
[1]
Editor's Note: Former § 211-28.1,
Business Park - Office Zone (BPO), added 5-18-1993 by Ord. No. 93-31,
as amended, was repealed 11-5-2007 by Ord. No. 2007-98.
The following shall apply in the Neighborhood
Medical Commercial Zone (NMC):
A.
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
Hospitals.
(2)
Physicians' and other professional offices.
(3)
Clinics and other therapeutic and rehabilitation facilities.
(4)
Medical diagnostic offices and laboratories.
(5)
Emergency medical services facilities.
(6)
Pharmacies and other retail establishments for the
sale of medical and surgical supplies, equipment and clothes or goods
and prescription eyeglasses.
(7)
Long-term care facilities, assisted living facilities,
residential health care facilities and continuing care retirement
communities.
[Amended 10-21-1997 by Ord. No. 97-85]
(8)
Public schools and institutions of higher learning
for the practice of medicine and nursing or similar related occupations.
(9)
Municipal parks, playgrounds and other municipal buildings
and uses as are deemed appropriate and necessary by the Township Council.
(10)
Retail commercial businesses selling goods or
services related to or associated with hospital or medical services.
(11)
Retail commercial businesses.
[Added 6-11-1991 by Ord. No. 91-28]
(12)
Restaurants.
[Added 6-11-1991 by Ord. No. 91-28]
(13)
Financial institutions.
[Added 6-11-1991 by Ord. No. 91-28]
(14)
Child-care centers.
[Added 5-3-1994 by Ord. No. 94-45]
(15)
Adult day health care facilities.
[Added 10-21-1997 by Ord. No. 97-85]
B.
Accessory buildings or uses. An "accessory building
or use," for the purposes of this section, is one which:
(1)
Is subordinate to and serves any principal building
or use.
(2)
Is subordinate in area, extent or purpose to the principal
building or principal use served.
(3)
Contributes to the comfort, convenience or needs of
occupants of the principal building or principal use served.
(4)
Is located on the same lot as the principal building
or principal use served.
(5)
Shall not be used as an extension of a permitted home
occupation.
C.
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.
D.
Permitted signs shall be as follows:
E.
Conditional uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
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 shall be as follows.
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 27,000 square feet.
No nonresidential use shall be located on a parcel of less than one
acre unless served by a sanitary sewer system.
[Amended 11-24-1992 by Ord. No. 92-77; 6-11-2002 by Ord. No. 2002-37]
(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 35 feet from
any proposed right-of-way line shown on the Master Plan. Said setback
shall be increased to 60 feet when the property fronts on a state
highway.
[Amended 10-6-1990 by Ord. No. 90-58]
(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 percent of green space shall be 35%.
(10)
Minimum requirements for permitted uses pursuant to § 211-29A(7) shall be as follows:
[Added 10-21-1997 by Ord. No. 97-85]
(a)
Minimum lot area shall be three acres.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum lot depth shall be 200 feet.
(d)
Minimum front yard setback shall be 50 feet.
(e)
Minimum side yard setback shall be 50 feet.
(f)
Minimum rear yard setback shall be 50 feet.
(g)
Maximum percent of building and impervious cover
shall be 65%.
G.
Access restrictions. Access to all existing and proposed
uses shall be prohibited from local residential streets.
[Added 5-3-1994 by Ord. No. 94-45; amended 11-5-2007 by Ord. No. 2007-98]
H.
Planned unit development. Planned unit development may be permitted in the NMC District or Zone under the provisions of § 211-30H, provided that the minimum tract of the planned unit development pursuant to § 211-30H(2) may include lands that lie within both the NMC Zone and the HMC Zone, which may be contiguous or noncontiguous so long as it is developed as a single entity according to a plan.
[Added 12-18-2007 by Ord. No. 2007-120]
The following shall apply in the Highway Medical
Commercial Zone (HMC):
A.
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
Hospitals.
(2)
Physicians' and other professional offices.
(3)
Clinics and other therapeutic and rehabilitation facilities.
(4)
Medical diagnostic offices and laboratories.
(5)
Emergency medical services facilities.
(6)
Pharmacies and other retail establishments for the
sale of medical and surgical supplies, equipment and clothes or goods
and prescription eyeglasses.
(7)
Long-term care facilities, assisted living facilities,
residential health care facilities and continuing care retirement
communities.
[Amended 10-21-1997 by Ord. No. 97-85]
(8)
Motor hotels with amenities permitted, such as restaurants,
banquet facilities and lounges. Said motor hotels must have a minimum
of 100 guest sleeping rooms.
[Amended 6-24-1997 by Ord. No. 97-48]
(9)
Public schools and institutions of higher learning
for the practice of medicine and nursing or similar related occupations.
(10)
[1]Retail commercial businesses selling goods or services
related to or associated with hospital or medical services.
[1]
Editor's Note: Former Subsections A(10) and (11) providing for municipal property and churches as permitted uses were repealed 5-18-1993 by Ord. No. 93-31. This ordinance also provided for the renumbering of former Subsections A(12), (13), (14) and (15) as Subsections A(10), (11), (12) and (13), respectively.
(11)
Retail commercial businesses.
[Added 6-11-1991 by Ord. No. 91-28]
(12)
Restaurants.
[Added 6-11-1991 by Ord. No. 91-28]
(13)
Financial institutions.
[Added 6-11-1991 by Ord. No. 91-28]
(14)
Child-care centers.
[Added 5-3-1994 by Ord. No. 94-45]
(15)
Adult day health care facilities.
[Added 10-21-1997 by Ord. No. 97-85]
B.
Accessory buildings or uses. An "accessory building
or use," for the purposes of this section, is one which:
(1)
Is subordinate to and serves any principal building
or use.
(2)
Is subordinate in area, extent or purpose to the principal
building or principal use served.
(3)
Contributes to the comfort, convenience or needs of
occupants of the principal building or principal use served.
(4)
Is located on the same lot as the principal building
or principal use served.
(5)
Shall not be used as an extension of a permitted home
occupation.
C.
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.
D.
Permitted signs shall be as follows:
(4)
Directional signs (ingress). One freestanding sign
may be erected at each driveway which provides a means of ingress
for off-street parking facilities on the premises, relating only the
name of the use of the facility and appropriate traffic instructions,
shall not exceed 10 square feet in area for each of two faces, shall
be mounted so as not to obstruct vision for a height of seven feet
above ground level and shall not exceed 10 feet in height.
(5)
Directional signs (egress). Freestanding signs may
be erected on the premises for the purpose of providing directions
to traffic leaving the premises, shall not exceed 10 square feet in
area on each of two sides, shall be mounted so as not to obstruct
vision for a height of seven feet above ground level and shall not
exceed 10 feet in height.
(6)
Traffic control signs. Freestanding signs may be erected
which are necessary to control and regulate the movement of traffic
on the interior roadways on the premises, provided that the number
and location of such signs are approved by the Planning Board. Such
signs shall not exceed four square feet in area and shall not exceed
a height of six feet.
(7)
Parking lot signs. Freestanding signs may be erected
within the parking areas to identify particular areas or sections
of the parking lot, provided that not more than one such sign shall
be permitted for each 40,000 square feet of parking area, and further
provided that signs shall not exceed an area of three square feet
on each of four faces nor exceed a height of 25 feet. In addition,
freestanding signs may be erected at each end of a parking aisle for
identification purposes, provided that such signs shall not exceed
one square foot in area nor exceed a height of 11 feet. All of the
above-described signs must be mounted not less than seven feet above
the ground.
F.
Area, yard and building requirements shall be as follows.
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 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; 60 feet from Route No. 9 paved road
surface; and 50 feet from future 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 65%.
(9)
The minimum percent of green space shall be 35%.
(10)
Minimum requirements for permitted uses pursuant to section 211-30A(7) shall be as follows:
[Added 10-21-1997 by Ord. No. 97-85]
(a)
Minimum lot area shall be three acres.
(b)
Minimum lot width shall be 200 feet.
(c)
Minimum lot depth shall be 200 feet.
(d)
Minimum front yard setback shall be 50 feet.
(e)
Minimum side yard setback shall be 50 feet.
(f)
Minimum rear yard setback shall be 50 feet.
(g)
Maximum percent of building and impervious cover
shall be 65%.
G.
Access restrictions. Access to all uses, with the
exception professional and medical offices, shall be prohibited from
local residential streets.
[Added 5-3-1994 by Ord. No. 94-45]
H.
Planned unit development. Planned unit development
may be permitted in the HMC District or Zone, provided that the following
conditions are met.
[Added 11-21-2006 by Ord. No. 2006-84]
(1)
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.
(2)
The minimum area of a planned unit development shall
be 25 acres, which may be contiguous or noncontiguous so long as it
is developed as a single entity according to a plan.
(3)
The following uses shall be permitted principal uses of buildings
and structures in a planned unit development:
[Amended 9-11-2018 by Ord. No. 2018-19]
(a)
Offices for members of a recognized profession or business,
including, but not limited to, physicians, dentists, architects, engineers,
planners, attorneys, real estate brokers, insurance agents and accounts,
so long as said office use is no greater than 350,500 square feet
in total size.
(b)
Retail stores, shops and establishments, so long as the retail
use portion is no greater than 50,000 square feet in total size, and
such retail use is planned, designed and constructed in such a fashion
as to function as an integrated part of the entire planned unit development.
(c)
Multifamily dwellings.
(d)
Long-term care facilities, assisted living facilities, residential
health care facilities, age-restricted independent living, and continuing
care retirement communities.
(4)
Accessory uses in a planned unit development shall be as follows:
[Amended 9-11-2018 by Ord. No. 2018-19]
(5)
Conditional uses: none.
(6)
Residential density standards and limitations in a
planned unit development shall be as follows:
(a)
The maximum overall residential density of a
PUD shall not exceed 13 dwellings per acre. The overall (gross) density
shall be calculated by the total number of proposed dwellings by the
total acreage of the PUD.
(b)
The permitted mix of the various residential uses shall be as
follows:
[Amended 9-11-2018 by Ord. No. 2018-19]
|
Housing Type
|
Maximum Number of Units
|
|---|---|
|
Age-restricted, market rate
|
125
|
|
Affordable non-age-restricted
|
44
|
|
Affordable non-age-restricted
|
30
|
|
Assisted living facilities, residential health care facilities,
continuing care retirement communities
|
110
|
(7)
Standards and requirements for multifamily development,
long-term care facilities, assisted living facilities, residential
health care facilities, age-restricted independent living, and continuing
care retirement communities, in a PUD development shall be as follows:
[Amended 9-11-2018 by Ord. No. 2018-19]
(a)
A maximum of 60 dwelling units shall be permitted in a single
structure. This standard does not apply to long-term care facilities,
assisted living facilities, residential health care facilities.
(b)
The minimum distance between structures shall
be equal to 1/2 the total height of the adjacent structures.
(c)
Distance between principal buildings and internal
drives. No multifamily dwellings shall be located closer than 25 feet
to any access drive or internal roadway.
(d)
The maximum building height shall be five stories,
not to exceed a maximum of 65 feet.
(8)
Standards and requirements for nonresidential in a
PUD development shall be as follows:
(9)
Other standards and requirements for PUD development
shall be as follows:
(a)
The development shall be served by public sewer
and water facilities.
(b)
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.
(c)
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.
(d)
Building length. No principal building, when
viewed from any elevation, shall be greater than 390 feet in length.
[Amended 9-11-2018 by Ord. No. 2018-19]
(e)
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.
(f)
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.
(g)
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.
(h)
Open storage of materials. No open display or
storage of products, materials and equipment shall be permitted.
(i)
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.
(j)
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.
(m)
Open space regulations.
[1]
In reviewing applications for a PUD development,
the Planning Board will require evidence that adequate open space
in appropriate locations will be available.
[2]
Open space must have safe and convenient pedestrian
access.
[3]
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.
(n)
Circulation.
[1]
All existing roads and proposed roads to be
dedicated shall be improved and/or constructed in accordance with
the Township standards.
[2]
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:
(10)
Application procedure.
(a)
An applicant has the option of submitting a
planned unit development application according to general development
plan procedures, pursuant to N.J.S.A. 40:50D-45.1 through 45.8.
(b)
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:
[1]
To establish the land use plan for the site;
[2]
To establish staging or phasing of site development;
[3]
To determine at the earliest possible time any
off-site improvements required as a result of the development;
[4]
To determine design criteria for buffer areas,
parking lot locations, open space areas, etc., as applicable.
(c)
The applicant, after approval of the overall
development plan, shall proceed with formal site plan applications
for all phase(s) of the development.
(d)
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.
(e)
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:
[1]
The location, district and size of the land
and the nature of the landowner's interest in the land to be developed;
[2]
The type of land use to be allocated to parts
of the site to be developed;
[3]
The location and size of any open space;
[4]
The use and the approximate height, bulk and
location of buildings and other structures;
[5]
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;
[6]
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;
[7]
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;
[8]
The provision for the parking of vehicles and
the location and width of proposed streets and public ways;
[9]
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;
[10]
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.
[1]
Editor's Note: Former § 211-31,
Conservation Zone (C), as amended, was repealed 11-5-2007 by Ord.
No. 2007-98.
[Added 11-5-2007 by Ord. No. 2007-98]
A.
Within any Cemetery Zone, no building, structure or
area or lot or land shall be used in whole or in part for other than
one or more of the permitted uses expressly set forth herein.
B.
All uses not expressly permitted by this section in
the Cemetery Zone are prohibited.
D.
Maximum building height. The maximum height within
the Cemetery Zone shall not be greater than 25 feet.
E.
Height exceptions; screening. Flagstaffs, chimney
flues, elevator shafts, radio and television antennas and screened
mechanical equipment designed to service the building may exceed the
height recommendations by no more than eight feet. All mechanical
equipment on the roof of the building must be architecturally screened.
F.
Yard and setback requirements.
(1)
Minimum front yard setback. The minimum front
yard open space setback shall not be less than 500 feet from the abutting
street right-of-way line on a municipal street or county road.
(2)
Minimum side yards. The minimum side yard open
space setback shall not be less than 500 feet on either side from
the property line.
(3)
Minimum rear yard. The minimum rear yard open
space setback shall not be less than 350 feet from the property line.
(4)
Minimum required distance of any building or
structure for any district zone for residential use. No portion of
any building or structure as defined by this chapter shall be located
nearer than 750 feet from the boundary line of any residentially zoned
district.
G.
No building permit shall be issued by the Building
Official for any new building, structure or addition, nor shall a
certificate of occupancy be issued, unless the applicant provides
the proper landscaping plan as required by the Building Official.
H.
No building permit shall be issued by the Building
Official for any new building, structure or addition, nor shall a
certificate of occupancy be issued, unless the applicant provides
the parking area required by this chapter.
I.
The Building Official may reduce the number of parking
spaces by 10% if, in his or her judgment, it will facilitate and improve
traffic safety and firesafety.
[Added 11-5-2007 by Ord. No. 2007-98]
A.
Purpose. The purpose of the Public Utility Zone is
to provide zoning to address tracts where major public utility installations
presently exist.
B.
Permitted uses: natural gas transmission facilities,
electric substations, and all other public utility facilities and
governmental uses.
[Amended 7-1-2008 by Ord. No. 2008-58]
C.
Accessory uses: Customary utility facilities that
may be required for the generation, transmission, and distribution
of electric energy or other utilities.
E.
Area and bulk standards. No minimum area or bulk standards
are included because of the unique character of these uses. A minimum
buffer of 25 feet shall be provided around the perimeter of all such
facilities. Site plan review by the Planning Board shall determine
any other relevant reasonable requirements to minimize the visual
or adverse impacts of these uses on the surrounding properties.
The following shall apply in the Preservation
Zone (P):
A.
C.
Area, yard and setback regulations shall be as follows:
(1)
The minimum lot area shall be eight acres, provided
that sanitary sewer facilities are available. In the event that sanitary
sewer facilities are not available, the minimum lot area will be 39
acres.
[Amended 9-6-1988 by Ord. No. 88-72]
(2)
The minimum lot width shall be 400 feet.
(3)
The minimum lot depth shall be 400 feet.
(4)
The minimum front yard setback shall be 50 feet.
(5)
The minimum side yard setback shall be 50 feet.
(6)
The minimum rear yard setback shall be 100 feet.
(7)
The maximum building height shall be 35 feet.
(8)
The maximum lot coverage shall be 5%.
(9)
The minimum accessory building side and rear yard
setback shall be 15 feet, except as otherwise specified in this chapter.
[Added 10-1-2002 by Ord. No. 2002-79]
D.
Because of the pristine and delicate and environmentally
sensitive area within the Preservation Zone, special care must be
taken to be certain that the freshwater or saltwater wetlands are
not unduly impacted upon or affected, and, therefore, any construction
must take appropriate steps to minimize such harm to the environmentally
sensitive areas. However, in the event of the construction of related
telecommunication transmission or support facilities, such as antennas
or equipment enclosures which will not require the installation of
sanitary sewer or septic systems, the minimum lot size shall be eight
acres, but all other dimensional requirements as set forth hereinabove
shall continue to be applicable.
F.
Requirements for cluster residential development.
[Added 9-2-2008 by Ord. No. 2008-88]
(1)
If sanitary sewers are or will be available:
(3)
The balance of the tract, including all lands not
assigned to individual residential lots, shall be permanently protected
through recordation of a deed of conservation restriction. Such deed
of conservation restriction shall permit the land to be managed for
low-intensity recreation, ecological management and forestry, provided
that no more than 5% of the land may be cleared, and no more than
1% of the land may be covered with impervious surfaces.
The following shall apply in the Recreation
Open Space Zone (ROS):
A.
Permitted uses shall be as follows:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
Recreational parks, playgrounds and related facilities.
(2)
Golf courses and accessory structures and uses to
include but not be limited to restaurants and banquet halls.
[Amended 11-26-1991 by Ord. No. 91-69]
(3)
Private recreational buildings, clubs, activities
of a quasi-public, social, fraternal or recreational character, such
as swim or tennis clubs, or fraternal organizations.
[Amended 5-18-1993 by Ord. No. 93-31[1]]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Subsections A(3) and (5), which dealt with
essential services and government uses, respectively, and which provided
for this subsection's renumbering.
D.
F.
Area, yard and bulk regulations shall be as follows:
(1)
The minimum lot area shall be three acres, provided
that sanitary sewer facilities are available. In the event that sanitary
sewer facilities are not available, the minimum lot area will be five
acres.
[Amended 8-16-1988 by Ord. No. 88-65]
(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 25 feet.
[Amended 10-1-2002 by Ord. No. 2002-79]
(5)
The minimum side yard setback shall be 25 feet.
(6)
The minimum rear yard setback shall be 50 feet.
(7)
The maximum building height shall be 35 feet.
(8)
The minimum percent of green space shall be 60%.
(9)
The maximum percent of building and impervious cover
shall be 40%.
[Amended 12-20-1988 by Ord. No. 88-94; 2-21-1989 by Ord. No. 89-19; 5-1-1990 by Ord. No. 90-36; 9-5-1995 by Ord. No. 95-84]
All properties within the Township of Stafford which are publicly owned, and certain quasi-public lands, have been classified as special district zones with the following designations on the Township Zoning Map:
|
National Wildlife Refuse Zone (W)
|
|
Municipal Land Zone (ML)
|
|
School Zone (ML-SCH or RGL-SCH)
|
|
Park Zone (ML-P)[1]
|
|
County Park Zone (C-P)
|
|
County Land Zone (CO)
|
|
State Land Zone (S)
|
|
Private School Zone (PS)
|
|
Private School/Church Zone (PS/C)
[Added 12-19-1995 by Ord. No. 95-113] |
A.
Permitted uses shall be federal, state, county and
municipal buildings and grounds, including schools, libraries, museums,
parks and playgrounds, offices and related facilities, private and
parochial schools and churches associated with private and parochial
schools. Where a Special District Zone is located within the Pinelands,
the designated permitted uses are authorized only to the extent that
the same are in conformance with the Comprehensive Management Plan.
[Amended 12-19-1995 by Ord. No. 95-113]
B.
Accessory uses. The following accessory uses are permitted
for all Special District Zones east of the Garden State Parkway and,
in regard to Special District Zones located west of the Garden State
Parkway, are authorized only to the extent that they are in conformance
with the requirements of the Comprehensive Management Plan:
C.
Area, yard and building requirements. Where feasible,
all governmental agencies should attempt to meet the area, yard and
building requirements for properties adjoining the government-owned
property so as to blend in and conform to the surrounding neighborhood.
[1]
Editor's Note: Former entry Office Complex
Zone (ML-OFF), which immediately followed this entry, was repealed
11-5-2007 by Ord. No. 2007-98.
[Added 7-2-2002 by Ord. No. 2002-47;
amended 8-6-2002 by Ord. No. 2002-51]
The following shall apply in the Multi-Family
Affordable Housing-12 Zone (MFAH-12):
A.
Permitted uses shall be as follows:
(1)
Multifamily dwellings at a density not to exceed 12 units per
acre, except 100% affordable sites where the maximum density shall
be 15 units per acre.
[Amended 3-28-2017 by Ord. No. 2017-07]
B.
Required accessory uses shall be as follows:
(1)
Off-street parking at a rate of .75 parking
spaces per dwelling unit.
C.
Permitted accessory uses shall be as follows:
(1)
Recreational facilities (indoor and outdoor)
specifically designed for residents of the development.
D.
Permitted signs shall be as follows:
(1)
One freestanding sign or identification structure
not to exceed 30 square feet in area.
F.
Area, yard and building requirements shall be as follows:
(1)
The minimum lot area shall be five acres.
(2)
The minimum lot width and lot depth shall be
150 feet.
(3)
The minimum front yard setback shall be 35 feet,
except that the minimum front yard setback shall be 50 feet for frontage
on Route 9.
(4)
The minimum side and rear yard setback shall
be 20 feet.
(5)
The minimum accessory building setback shall
be 20 feet.
(6)
The maximum building height shall be 42 feet
and no more than three usable floor levels counted vertically at any
point in the building above grade.
(7)
The minimum unoccupied open space shall be 30%.
G.
In addition to the requirements set forth in § 211-34.1A through F above, the following additional standards shall apply:
(1)
The multifamily development shall be subject to the applicable requirements for affordable housing sites set forth in Chapter 130, Land Use and Development, of the Township Code.
(2)
The multifamily development shall not be age-restricted.
(3)
The multifamily development shall be served
by public sewer and water facilities.
(4)
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 the right-of-way of all
public streets and 50 feet from Route 9.
(5)
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.
(6)
The minimum distance between one-hundred-percent-affordable
apartment buildings shall be 25 feet, excluding covered porches and
decks.
[Amended 12-13-2016 by Ord. No. 2016-23; 3-28-2017 by Ord. No. 2017-07]
(7)
Building length. No principal building, when
viewed from any elevation, shall be greater than 180 feet in length.
(8)
Distance between principal buildings and internal
drives. No multifamily dwellings shall be located closer than 25 feet
to any access drive or internal roadway.
(9)
Distance between principal buildings and parking
areas. No principal building shall be located closer than 15 feet
to any parking area, except for access aisles or driveways to garages
and/or carports which are attached to principal buildings.
(10)
Maximum units per building shall be 24 units.
(11)
Refuse and recycling storage. There shall be
at least one outdoor refuse and recycling storage area of at least
100 square feet for each 20 dwelling units. 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.
(12)
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 footcandles throughout such areas from dawn to dusk. Lighting
shall be so arranged as to reflect away from all adjoining residential
buildings.
(13)
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.
[Added 6-15-2004 by Ord. No. 2004-48]
The following shall apply in the Multi-Family
Affordable Housing-10 Zone (MFAH-10):
A.
Permitted uses shall be as follows:
(1)
Multifamily for-sale dwellings at a density
not to exceed 10 units per acre. Twenty percent of the total number
of units shall be affordable to low- and moderate-income households,
half of which shall be affordable to low-income households and half
to moderate-income households.
(2)
Multifamily rental units at a density not to
exceed 10 units per acre. Fifteen percent of the total number of units
shall be affordable to moderate-income households, half of which shall
be affordable to low-income households.
B.
Required accessory uses shall be as follows:
(1)
Off-street parking in accordance with the New
Jersey Residential Site Improvement Standards.
D.
Permitted signs shall be as follows:
(1)
One freestanding site identification sign or
identification structure not to exceed 30 square feet in area.
F.
Area, yard and building requirements shall be as follows:
(1)
The minimum lot area shall be five acres.
(2)
The minimum lot width and lot depth shall be
250 feet.
(3)
The minimum front yard setback shall be 50 feet.
(4)
The minimum side and rear yard setback shall
be 50 feet.
(5)
The minimum accessory building setback shall
be 50 feet.
(6)
The maximum building height shall be 42 feet
and no more than three usable floor levels counted vertically at any
point in the building above grade.
(7)
The minimum unoccupied open space shall be 30%.
G.
In addition to the requirements set forth in § 211-34.2A through F above, the following additional standards shall apply:
(1)
The multifamily development shall be subject to the applicable requirements for affordable housing sites set forth in Chapter 130, Land Use and Development, of the Township Code.
(2)
The multifamily development shall not be age-restricted.
(3)
The multifamily development shall be served
by public sewer and water facilities.
(4)
Parking areas and access drives shall be set
back 20 feet from all property lines. The area between parking areas
and the street shall be suitably landscaped to screen the parking
areas from the public right-of-way.
(5)
Pedestrian walkways shall be provided between
the housing development and any adjacent commercial or institutional
uses, particularly retail uses.
(6)
Where the rear of units face the public right-of-way,
the facades shall be designed to be as attractive as possible, and
landscaped screening shall be provided.
(7)
The personal outdoor spaces behind units shall
be screened from the public right-of-way via fencing and landscaping.
(8)
The minimum distance between principal buildings
shall be 40 feet.
(9)
No principal building, when viewed from any
elevation, shall be greater than 180 feet in length.
(10)
No multifamily dwellings shall be located closer
than 25 feet to any access drive or internal roadway.
(11)
No principal building shall be located closer
than 15 feet to any parking area, except for access aisles or driveways
to garages and/or carports which are attached to principal buildings.
(12)
Maximum number of units per building shall be
24 units.
(13)
Refuse and recycling storage. There shall be
at least one outdoor refuse and recycling storage area of at least
100 square feet for each 20 dwelling units. The refuse and recycling
storage area shall be suitably located and arranged for access and
ease of collection and shall be enclosed by a masonry, three-sided
structure. Such storage area shall not be part of, restrict or occupy
any parking aisle and shall not be located further 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 by landscaping.
(14)
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 footcandles throughout such areas from dawn to dusk. Where
necessary, lights shall be shielded to avoid glare disturbing to occupants
of the buildings. Lighting shall be so arranged as to reflect away
from all adjoining residential buildings.
(15)
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.
[Added 6-15-2004 by Ord. No. 2004-48]
The following shall apply in the Mobile Home
Park Zone Affordable Housing Zone (MHP-AH):
A.
Permitted uses shall be as follows:
(1)
Mobile home park at a density not to exceed
nine units per acre with 60% of the units set aside for low- and moderate-income
households, half of which shall be affordable to low-income households
and half to moderate-income households.
B.
Required accessory uses shall be as follows:
(1)
Off-street parking in accordance with the New
Jersey Residential Site Improvement Standards.
D.
Permitted signs shall be as follows:
(1)
One freestanding site identification sign or
identification structure not to exceed 30 square feet in area.
F.
Area, yard and building requirements shall be as follows:
(1)
The minimum lot area shall be 10 acres.
(2)
The minimum lot width and lot depth shall be
300 feet.
(3)
The minimum front yard setback shall be 50 feet
from Route 9 and shall be 35 feet from all other roadways.
(4)
The minimum side and rear yard setback shall
be 20 feet.
(5)
The minimum accessory building setback shall
be 20 feet.
(6)
The maximum building height shall be 25 feet.
(7)
The minimum unoccupied open space shall be 30%.
G.
In addition to the requirements set forth in § 211-34.3A through F above, the following additional standards shall apply:
(1)
The mobile home park shall be subject to the applicable requirements for affordable housing sites set forth in Chapter 130, Land Use and Development.
(2)
The mobile home park shall not be age-restricted.
(3)
The mobile home park shall be served by public
sewer and water facilities.
(4)
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 the right-of-way of all
public streets and 50 feet from Route 9 and shall be adequately landscaped
to provide an aesthetically pleasing visual appearance.
(5)
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 and shall
be set back a minimum of 40 feet from all side and rear lot lines
bordering lots which front Bolton Lane and shall be landscaped to
provide adequate visual screening. A nuisance buffer shall be provided
where reasonably practicable.
(6)
Minimum distance between mobile home units shall
be 15 feet.
(7)
Building length. No mobile home shall be greater
than 70 feet in length.
(8)
Distance between principal buildings and internal
drives. No mobile home shall be located closer than 15 feet to any
access drive or internal roadway.
(9)
Refuse and recycling storage. If trash pickup
at individual units is not proposed, there shall be at least one outdoor
refuse and recycling storage area of at least 100 square feet for
each 15 dwelling units. 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 further 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.
[Added 11-24-2020 by Ord. No. 2020-36]
The following shall apply in the Affordable Housing-20 Zone:
A.
Permitted
uses shall be as follows:
(1)
Detached single-family dwelling at a density not to exceed 5.25 units
per acre for age-restricted residences and 4.1 units per acre for
non-age-restricted residences.
B.
Required
accessory uses shall be as follows:
(1)
Off-street parking in accordance with the New Jersey Residential
Site Improvement Standards.
C.
Permitted
accessory uses shall be as follows:
(1)
Recreational facilities (indoor and outdoor) specifically designed
for residents of the development.
D.
Permitted
signs shall be as follows:
(1)
One freestanding sign or identification structure not to exceed 30
square feet in area.
F.
Area,
yard and building requirements shall be as follows:
(1)
The minimum lot area shall be 5,550 square feet.
(2)
The minimum lot width shall be 50 feet.
(3)
The minimum lot depth shall be 100 feet.
(4)
The minimum front yard setback shall be 20 feet and 10 feet with
an alley.
(5)
The minimum rear yard setback shall be 10 feet and five feet with
an alley.
(6)
The minimum side yard setback shall be 20 feet and 10 feet with an
alley.
(7)
The maximum building height shall be 35 feet.
(8)
The maximum building coverage shall be 60%.
(9)
The minimum unoccupied open space shall be 10%.
(10)
The minimum accessory building setback for side and rear yards shall
be five feet.
G.
In addition to the requirements set forth in § 211-34.4A through F above, the following additional standards shall apply:
(1)
The single-family development shall be subject to the applicable requirements for affordable housing sites set forth in Chapter 130, Land Use and Development, of the Township Code.
(2)
The single-family development shall not be age-restricted.
(3)
The single-family development shall be served by public sewer and
water facilities.
(4)
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 the right-of-way of all public streets and 50 feet
from Route 9.
(5)
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.
(6)
The minimum distance between one-hundred-percent-affordable apartment
buildings shall be 25 feet, excluding covered porches and decks.
(7)
Building length. No principal building, when viewed from any elevation,
shall be greater than 180 feet in length.
(8)
Distance between principal buildings and internal drives. No multifamily
dwellings shall be located closer than 25 feet to any access drive
or internal roadway.
(9)
Distance between principal buildings and parking areas. No principal
building shall be located closer than 15 feet to any parking area,
except for access aisles or driveways to garages and/or carports which
are attached to principal buildings.
(10)
Maximum units per building shall be 24 units.
(11)
Refuse and recycling storage. There shall be at least one outdoor
refuse and recycling storage area of at least 100 square feet for
each 20 dwelling units. 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.
(12)
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
footcandles throughout such areas from dawn to dusk. Lighting shall
be so arranged as to reflect away from all adjoining residential buildings.
(13)
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.
A.
General provisions.
(1)
The purpose of this section is to establish a general
uniform set of performance and design standards to guide and assist
the Township and future developers in the preparation, submission
and review of all developmental proposals. The standards shall be
applicable to all site plans, subdivisions and other development applications
to come before an approving authority in the Township. These general
requirements are supplementary to the site plan and subdivision design
standards previously outlined in this chapter and shall constitute
the minimum performance standards applicable to all future growth
and development in Stafford Township. In addition to the requirements
of this section, all development applications in the Pinelands Area
shall be bound by the supplemental Pinelands Area design and development
standards and management programs, as specified in the Stafford Township
Pinelands Area development requirements.
(2)
General requirements.
(a)
Minor modifications or changes in approved plans
and specifications may be effected only upon written approval of the
Board Engineer, but some changes may require further review and approval
of the Planning Board prior to making any changes.
(b)
Any application for development shall demonstrate
conformance to design standards that will encourage sound development
patterns within the Township. Where either an Official Map and/or
Master Plan have been adopted, the development shall conform to the
proposals and conditions shown thereon. The streets, school sites,
etc., shown on the officially adopted Master Plan shall be considered
in the approval of plats. In accordance with good design practices,
extreme deviations from rectangular lot shapes and straight lot lines
shall not be allowed unless made necessary by special topographical
conditions or other special conditions acceptable to the approving
authority. All improvements shall be installed and connected with
existing facilities or installed in required locations to enable future
connections with approved systems or contemplated systems and shall
be adequate to handle all present and probable future development.
(c)
Land which the approving authority finds to
be in areas identified in the Master Plan as having severe or moderate
soil characteristics, particularly as the land related to flooding,
improper drainage, wetlands, adverse soil conditions, adverse topography,
utility easements or other features which can reasonably be expected
to be harmful to the health, safety and general welfare of the present
or future inhabitants of the development and/or its surrounding areas,
shall not be subdivided and site plans shall not be approved unless
adequate and acceptable methods are formulated by the developer to
solve the problems by methods meeting this chapter and all other regulations.
(d)
Whenever a development abuts or crosses a municipal
boundary, access to those lots within the Township shall be from within
the Township as the general rule. Wherever access to a development
is required across land in an adjoining community as the exception,
the approving authority may require documentation that such access
is legally established and that the access road is adequately improved.
(e)
No buildings shall be erected, no existing buildings
shall be enlarged or rebuilt nor shall any open space surrounding
any building be encroached upon or reduced in any manner except in
conformity with the yard, lot area and building location regulations
designated for the district or zone in which this building or open
space is located.
(f)
No lot shall be used in any zone nor shall any
structure be erected, altered or occupied for any purpose except as
indicated in each zone under permitted uses or conditional use permits,
except that model homes and sales homes shall be permitted as a matter
of right in all residential zones. Six model homes shall be permitted
for each development.
(g)
No subdivision or site plan approval may be
given unless each lot contained in the subdivision or site plan complies
with all the requirements of the zone in which the lot is located,
unless a variance is subsequently granted.
(h)
Each lot shall be provided with frontage on
a street in accordance with the schedule of requirements.
(i)
No lot shall have erected on it more than one
residential building, except as elsewhere permitted in this chapter.
(j)
In addition to any other requirements as to
the development of detached single-family dwellings, a preconstruction
plot plan must be submitted for each lot which shows the existing
and proposed grading for each lot, unless the detached single-family
dwelling is part of a recently approved subdivision or site plan.
The applicable permit for development of said lot(s) shall not be
issued prior to the review and approval of said plot plans by the
Township Engineer.
[Added 8-19-2003 by Ord. No. 2003-108; amended 1-20-2004 by Ord. No. 2004-07]
B.
Accessory buildings.
(1)
Any accessory building attached to a principal building
is part of the principal building and shall adhere to the yard requirements
for the principal building.
(2)
Accessory buildings shall not exceed the height of
the existing principal structure on the property in which it is located.
In no event shall the height of the accessory structure exceed 60%
of the maximum height allowed for the principal structure in the zone
in which it is located.
[Amended 3-21-1995 by Ord. No. 95-34; 9-3-1996 by Ord. No. 96-48]
(3)
Accessory buildings shall not occupy a front yard
in any zone and no more than 35% of the available rear yard in area
in any zone.
(4)
Detached accessory buildings or uses shall not be located closer to the street than the front building line of the principal structure and shall be governed by the schedule of requirements for the side and rear yard setback limits. Where setback limits are not specified, the required setbacks for principal structures shall control. Driveways and off-street parking and loading areas shall comply with the location standards set forth in Chapter 130.
[Amended 9-17-2002 by Ord. No. 2002-78]
C.
Principal use. No lot shall have erected upon it more
than one principal permitted use. No more than one principal building
shall be permitted on one lot, except that commercial uses, shopping
centers, apartment and condominium projects and industrial complexes,
all receiving site plan approval, may be permitted to have more than
one building on a lot in accordance with standards of the zoning district
in which it is located.
D.
Nonconforming uses, structures or lots. 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 fifty-percent or less partial destruction;
provided, however, that none shall be enlarged, extended, relocated,
converted to another use or altered except in conformity with this
chapter, except as permitted below. Land on which a nonconforming
use or structure is located and any nonconforming lot shall not be
subdivided or resubdivided so as to be made more nonconforming in
any manner.
(2)
Conversion to permitted use. Any nonconforming building,
structure or use may be changed to conform to this chapter but shall
not be changed back to a nonconforming status.
(3)
Maintenance may be made to a nonconforming use, structure
or lot, provided that the maintenance work does not change the use,
expand the building or the functional use of the building, increase
the area of a lot used for a nonconforming purpose or increase the
nonconformity in any manner without a variance.
(4)
Restoration and repairs.
(a)
Any nonconforming building, structure or use
which has been condemned or damaged by fire, explosion, flood, windstorm
or act of God shall be examined by the following three people:
(b)
If, in the opinion of the majority of the above
three people, the value of repairing the condition is greater than
50% of the value of replacing the entire structure, it shall be considered
destroyed and may be rebuilt to the original specifications only upon
approval of a use variance as provided by state statutes.
(c)
Where the value of repairing the condition is
determined to be less than 50% of the value of replacing the entire
structure, the nonconforming structure or use may be rebuilt and used
for the same purpose as before, provided that it does not exceed the
height, area and bulk of the original structure.
(d)
The percent damaged or condemned shall be the
current replacement costs of the portion damaged or condemned, computed
as a percentage of the current replacement cost of the entire structure,
and shall not include the cost of the foundation unless the foundation
is damaged or condemned.
(5)
Sale. Any nonconforming use, structure or lot may
be sold and continue to function in the same nonconforming manner.
(6)
Notwithstanding the use restrictions contained in Subsections D(1) and D(5) above, any use in the Pinelands Area which became nonconforming as a result of amendments to this chapter pursuant to the Pinelands Comprehensive Management Plan, other than intensive recreation facilities and those uses which are expressly limited in § 211-9, may be expanded in accordance with § 211-9C(1).
[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19]
(7)
Any existing lots of record in the RA, RA-4 and RA-5
Zones rendered nonconforming due to amendments to this chapter resulting
from the adoption of ordinances to implement the 2007 Master Plan
shall be exempt from area, yard and building requirements of the respective
zone; provided, however, that such exemption shall not apply to any
subdivision of properties that become nonconforming due to amendments
to this chapter, and such subdivisions shall be subject to the area,
yard and building requirements of the respective zone.
[Added 11-5-2007 by Ord. No. 2007-98]
(8)
Any existing single-family homes located in any nonresidential
zone where such uses are no longer permitted due to amendments to
this chapter resulting from the adoption of ordinances to implement
the 2007 Master Plan shall be permitted to be rebuilt, enlarged, extended
or otherwise improved pursuant to the regulations in effect prior
to the adoption of such ordinances. Such single-family homes shall
be entitled to accessory uses or structures as regulated prior to
the adoption of such ordinances.
[Added 10-7-2008 by Ord. No. 2008-98; amended 11-1-2010 by Ord. No. 2010-40]
E.
[1]Contractors' and builders' offices. Contractors' and builders'
offices and related activities and storage may be permitted in the
Mixed Use (MU) Zone, subject to the issuance of a conditional use
permit and adherence to the minimum area, yard and building requirements
of the zone and the following standards:
[Added 12-21-1999 by Ord. No. 99-83]
(1)
No contractors' and builders' offices shall be located
within 200 feet of an existing or approved multifamily dwelling, assisted
living facility, continuing care facility, residential health care
facility, nursing and convalescent home, long-term care facility,
bed-and-breakfast, community residence for developmentally disabled
or community shelter.
(2)
Storage yards and structures of such uses shall be
clearly accessory and incidental to the contractors' and builders'
offices, showroom or retail business.
(3)
The site shall have frontage on and direct access
to a rural major collector.
(4)
No storage shall be permitted within the front yard
of any lot nor in front of any principal building.
(5)
All storage areas shall be screened from the view from any property line. Such screening may consist of fence, walls, natural vegetation and landscaping, or some combination thereof, and shall be specifically approved by the Planning Board. Where the property is adjacent to a residential zone or use, the screening shall meet the minimum requirements established by § 130-50, Buffers, of the Township Code.
(6)
No flammable materials, hazardous chemicals or explosives
shall be permitted to be stored.
(7)
The servicing, repair or fabrication of motor vehicles,
trailers, equipment or appliances shall be prohibited.
(8)
The operation of power tools, spray painting, compressors
and other similar equipment shall be prohibited.
[1]
Editor's Note: Former Subsection E, Service
stations, was repealed 11-1-1994 by Ord. No. 94-100.
F.
Storage of boats, trailers and commercial vehicles.
The outdoor storage of an unoccupied recreational vehicle, motor home,
travel trailer, camper or boat shall be permitted on single-family
properties, provided that:
(1)
Such storage shall not be located closer than three
feet to any side or rear lot line or 10 feet to any street line.
(2)
The travel trailer, camper or boat shall not exceed
35 feet in length and eight feet in width.
(3)
Only one such travel trailer or camper and no more
than two boats and/or boat trailers shall be permitted to be stored
outdoors in any required area on any single-family residential lot.
[Amended 1-16-2001 by Ord. No. 2001-05]
(4)
No travel trailer, camper or boat stored in conformance
with this subsection shall remain in such storage for longer than
12 consecutive months.
(5)
Any such vehicles stored in accordance with this subsection
shall not be occupied and shall not be provided with utility connections
other than required for vehicle maintenance and shall not be used
for the storage of any nonrecreational material.
(6)
No commercial vehicle with a gross vehicle weight
of 7,000 pounds or greater shall be parked on the street or in a driveway
in any residential zone except to make deliveries or provide services
to or for residents on said street. Commercial vehicles of 7,000 pounds
or greater engaged in construction activities may be parked or stored
on an active construction site in a residential zone. No commercial
vehicle with a gross vehicle weight of 7,000 pounds or greater shall
be parked or stored in a driveway or on the street in any residential
zone.
[Amended 8-21-2001 by Ord. No. 2001-54]
(7)
No trailer, auto trailer, trailer coach, travel trailer
or camper shall be used for dwelling purposes or as sleeping quarters
for one or more persons, nor shall any such trailer or camper be used
for storage or space for the permanent conduct of any business, profession,
occupation or trade, except that such facilities may be used for temporary
residency for the temporary replacement of a damaged dwelling unit
or for temporary use as a construction office located on a site during
construction, provided that a temporary permit has been issued for
its use by the Building Inspector. This subsection shall not be construed
so as to prohibit the parking or storage of such trailers and campers
on private premises or the recreational use of the same in campgrounds
in conformance with all applicable ordinances and codes.
G.
Swimming pools.
(1)
No private residential pool shall be installed on
any lot unless the lot shall contain a residence, and the pool shall
be accessory to the residence. The pool shall meet the yard requirements
for accessory buildings in the district in which it is located, except
that if the pool is located in the front yard, the pool shall be set
back twice the distance from the street line that is required for
the principal building.
(2)
Pools shall otherwise be installed, operated and used
in accordance with other health and safety ordinances regarding water
filtration, circulation and treatment, fencing, noise and lighting.
A pool permit shall be obtained from the Building Official.
(3)
All pools shall be required to have fences and gates
as required by the BOCA Code.
H.
Yard areas.
(1)
No yard or other open space provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
(2)
All yards facing on a public street shall be considered
front yards and shall conform to the minimum front yard requirements
for the zone in which located, except as otherwise provided in this
chapter.
(3)
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projections
allowed by the State Uniform Construction Code, including but not
limited to sills, belt courses, chimneys, flues, buttresses, ornamental
features and eaves; provided, however, that none of the aforesaid
projections shall project into the minimum required yards more than
24 inches unless otherwise permitted by this chapter. Unroofed entranceways
which do not rise above the height of the floor level or the ground
floor may extend into any yard, provided that the total area of all
such encroachments does not exceed 125 square feet. A main entrance
overhang roof is permitted, provided that the total area of said encroachment
does not exceed 30 square feet and all portions are no closer than
two feet to any property line. Handicapped access ramps constructed
in accordance with the provisions of the Barrier Free Subcode, N.J.A.C.
5:23-7.1 et seq., may extend into any yard, provided that the total
area of all such encroachments does not exceed 220 square feet.
[Amended 7-11-1989 by Ord. No. 89-43; 1-16-2001 by Ord. No. 2001-04; 5-21-2013 by Ord. No.
2013-08; 3-18-2014 by Ord. No. 2014-06]
(4)
Residential properties with waterfront access shall be permitted
to extend any pavers, ground level walkway or other impervious material
to the property line or bulkhead. The impervious area shall not exceed
five feet in width. Side yard setbacks for impervious coverage must
still comply, and the rear yard setback shall be measured from the
inside face of the bulkhead.
[Added 9-18-2012 by Ord. No. 2012-26; amended 8-6-2013 by Ord. No.
2013-12]
I.
Conditional uses. It is well recognized that certain
uses, while necessary for the convenience of the citizens of the Township,
if located without proper consideration to existing conditions and
surrounding development, may have an adverse effect on the public
health, safety and general welfare of the community. These uses are
designated as conditional uses and are subject to the conditions hereby
established. Before any permit shall be issued for a conditional use,
application shall be made to the Planning Board. In reviewing the
conditional use application, the Planning Board shall consider and
be guided by the following;
(1)
The use for which an application is being made is
specifically listed as a conditional use within the zone where the
property is located.
(2)
The design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to:
(a)
The compatibility of the proposed use(s) and/or
structure(s) within the existing neighborhood.
(b)
The effect that the number of employees or users
and/or structure(s) will have upon property values.
(c)
The adequacy of the proposed parking and traffic
circulation for the use(s) and/or structure(s) and the potential for
traffic congestion and/or the creation of undue traffic hazards.
(d)
The structural location(s) and orientation(s).
(e)
The need for such facility(ies) or use(s) to
serve the area in which it is located.
(f)
The adequacy of proposed drainage facilities
which will serve the use(s) and/or structure(s).
(g)
The adequacy of the plans for screening any
adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(h)
The adequacy of proposed outdoor lighting.
(3)
Compliance with the performance standards pursuant
to this chapter.
(4)
Compliance with the standards, principles and objectives
of the Master Plan of the Township.
(5)
All conditional uses shall be required to obtain site
plan approval.
[Amended 6-24-1997 by Ord. No. 97-44]
(6)
Conditional uses shall adhere to the additional standards
specified for the particular use under this section.
(7)
Conditional use permits shall be valid for two years
from the date of approval.
[Added 5-18-1993 by Ord. No. 93-32; amended 7-11-1995 by Ord. No. 95-57]
J.
Car washes. All automatic car washes shall be provided
with a wastewater/washwater recycling system acceptable to the Planning
Board, Water and Sewer Utility Department and Township Engineer. Complete
details, including the volumes of washwater and wastewater recovered
and recycled from the system, the total volume of water, in gallons,
used in the car wash process, the type of car wash detergent and chemicals
used and a completed detailed plan of the automatic car wash operation,
shall be provided. No car wash shall be permitted which does not contain,
within an integral part of the car wash equipment and facility, an
acceptable water recycling system. Washwater and wastewater, upon
the removal of contaminants, including but not limited to grease,
oil, solvents or flammable liquids, by an appropriate interceptor,
must be discharged into a sanitary sewer. Said sewer connection shall
be approved by the Water and Sewer Utility Engineer. If sanitary sewer
is unavailable, washwater and wastewater may be discharged into a
septic system upon the approval of the Township Engineer. Under no
circumstances shall washwater or wastewater be discharged into any
stormwater management system.
[Amended 6-24-2003 by Ord. No. 2003-71]
K.
Cemeteries. Cemeteries may be permitted, subject
to the issuance of a conditional use permit, in the districts designated,
provided that compliance with the following minimum standards are
achieved:
[Amended 7-9-1999 by Ord. No. 99-34]
(1)
Minimum lot area: 10 acres; 20 acres, if crematorium
included.
(2)
Minimum lot width: 250 feet.
(3)
Minimum lot depth: 300 feet.
(5)
Maximum height:
(a)
Tombstones and other grave markers: six feet.
(b)
Family and individual mausoleums, columbariums,
and other interment structures: 15 feet.
(c)
Other mausoleums, columbariums and other interment
structures: 35 feet and two stories.
(d)
Caretaker's residence, offices, storage and
maintenance building: 35 feet and 2 1/2 stories.
(e)
Crematorium and all other permitted buildings:
25 feet and one story.
(f)
Notwithstanding § 211-35K(5)(c), the height of a mausoleum columbarium or other interment structure may be more than 35 feet but no greater than 40 feet and two stories, provided that such building is set back a minimum of 110 feet from any public roadway and 150 feet from any other property line.
(g)
Notwithstanding §§ 211-35K(5)(b) and 211-35K(5)(f), an open-air single-story vestibule may extend a maximum of 16 feet into the required front yard set back in the case of a building setback a minimum of 110 feet and a maximum of eight feet into the required front yard set back in the case of a building setback 80 feet or more, but less than 110 feet.
(6)
Maximum building and impervious cover: 30%.
(7)
Maximum building length: 100 feet (the building elevation
viewed from any public street).
(9)
Building clusters:
(a)
Buildings separated by distances of less than
200 feet shall be deemed clustered and the maximum width of any building
cluster shall be 470 feet. Such maximum width shall be the total distance
measured across the elevations of buildings within the cluster viewed
from any public street.
(b)
The minimum distance between building clusters
shall be 450 feet.
(c)
The minimum distance between a building cluster
and any other freestanding building shall be 200 feet.
(10)
A maximum of two identification signs may be
permitted. Each sign shall be in accordance with the requirements
of § 211-26.1D(2).
(11)
No crypt or niche entrance door shall be visible
on any building elevation facing a public street.
(12)
A filtered landscape buffer shall be provided
along all property lines in accordance with § 150-51F(2). Said
buffer shall be no less than 25 feet in width and shall include a
combination of the following: fences, walls, shrubbery, hedges and
trees. Where permitted, fences and walls, as part of a landscape buffer,
are to be no more than six feet in height.
(13)
Buildings within a cemetery shall be serviced
by public sewer and water.
L.
Churches. Churches may be permitted, subject to the
issuance of a conditional use permit, in those districts designated,
provided that the following standards and conditions are met:
(1)
A set of plans, specifications and plot plans shall
be filed with the approving authority, showing overall dimensions,
topographic conditions, the location and intended use of existing
and proposed buildings, the relationship of the proposed use to streets
and adjacent properties and other physical features which might act
as a deterrent to the general welfare.
(2)
Before issuing a permit, the approving authority shall
determine that the following standards are met:
(a)
The minimum lot area shall be 40,000 square
feet, and the minimum frontage shall be 200 feet.
(b)
The site plan is appropriate to the adjacent
area. The approving authority may require buffers of foliage if necessary
to protect surrounding properties from the effect of light or noise
generated in connection with the use of the property. Such buffer
area shall be constructed in conformance with the provisions of this
chapter.
M.
Hotels and motels. Where specifically permitted pursuant
to this chapter, the following minimum standards shall be met:
(2)
Appropriate areas shall be set aside for the recreational
needs of the guests.
(3)
All garbage receptacles for storage and pickup shall
be centrally located and easily accessible within a screened aboveground
enclosure.
(4)
Such other performance standards as may be required
by the approving authority.
(5)
All hotels, motels, boardinghouses and other similar
uses shall be provided with adequate firesafety and evacuation provisions
and sprinkler systems, regardless of the number of rooms in the hotel,
motel, boardinghouse or other facility, and all construction of such
structures shall be approved by the Fire Subcode Official and shall
incorporate all applicable requirements of the National Fire Protection
Association Code and the BOCA Code for such structures and uses.
N.
Height. The height limitations of this chapter shall
not apply to church spires, noncommercial antennas, belfries, cupolas,
chimneys, ventilators, skylights, solar heating equipment and other
mechanical appurtenances usually carried above the normal roofline,
provided that no fire hazard is created, and provided that such exception
covers not more than 10% of the roof or ground area. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purpose that they are to serve. Provisions of this chapter shall
permit the erection of parapet walls or cornices for ornament, without
windows, above the building height limit by not more than five feet.
Quasi-public buildings and public buildings, schools, churches and
other similar permitted uses may exceed the limit herein established,
provided that such uses shall increase the front, rear and side yards
one foot for each foot by which such building exceeds the height limit
established for the district within which the use is located, but
in no case shall any building have a height greater than 50 feet.
If an existing structure is raised to meet the minimum requirements
of the Federal Emergency Management Agency's (FEMA) base flood elevation,
the existing structure may exceed the maximum height of 35 feet, provided
that there are no additions, alterations or changes to the roofline.
[Amended 2-1-2000 by Ord. No. 2000-21]
O.
Kennels. Kennels may be permitted, subject to the
issuance of a conditional use permit, in the district specified, provided
that the following standards are met:
[Amended 8-16-1988 by Ord. No. 88-64]
(1)
The minimum lot size upon which a kennel is an accessory
use shall be one acre.
(2)
No structures, enclosures, pens or runs shall be located
closer than 50 feet to any lot line.
(3)
Sufficient space shall be provided indoors for all
animals kept at the facility, and no animals shall be kept out-of-doors
between 9:00 p.m. and 7:00 a.m.
(4)
Not more than 10 dogs or cats or combination thereof
for each acre of lot area shall be kept at any time.
(5)
Outdoor runs or pens shall be visually screened from
adjoining properties.
(6)
Any such kennel shall also be approved by the Township
to ensure proper sanitation and compliance with applicable state and
local health codes.
[Amended 3-4-2003 by Ord. No. 2003-31]
P.
Signs.
[Added 8-16-1988 by Ord. No. 88-64; amended 10-18-1988 by Ord. No. 88-77; 5-16-1989 by Ord. No. 89-38; 4-7-1992 by Ord. No. 92-14; 12-20-1994 by Ord. No. 94-115; 9-7-1999 by Ord. No. 99-58; 6-13-2000 by Ord. No. 2000-46; 7-3-2001 by Ord. No. 2001-53; 7-20-2004 by Ord. No.
2004-55; 6-20-2006 by Ord. No. 2006-44; 11-5-2007 by Ord. No.
2007-98; 5-17-2011 by Ord. No. 2011-14; 8-14-2018 by Ord. No. 2018-12; 9-17-2019 by Ord. No. 2019-05; 6-21-2022 by Ord. No. 2022-21]
(1)
Applicability. Any sign erected, altered, or maintained after the
effective date of this subsection shall conform to the following regulations.
(2)
Purpose and intent. Signs perform an important function in identifying
and promoting properties, businesses, services, events, and other
matters of interest to the public. The intent of this subsection is
to regulate all signs within the Township of Stafford to ensure that
they appropriate for their respective uses, in keeping with the appearance
of the affected property and surrounding environment, and protective
of the public health, safety and general welfare.
(3)
ANIMATED SIGN
AWNING
AWNING SIGN
BANNER SIGN
BANNERS, PENNANTS or BUNTING
BEACON
BILLBOARD SIGN
BUILDING MARKER
BUILDING SIGN
CANOPY
CANOPY SIGN
CHANGEABLE COPY SIGN
CONSTRUCTION SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
FACADE
FEATHER OR SWOOPER FLAG
FLAG
FLAG SIGN
FREESTANDING SIGN
GROUND SIGN
ILLUMINATED SIGN
MARQUEE
MARQUEE SIGN
MONUMENT SIGN
MULTIPLE MESSAGE SIGN
(a)
(b)
(c)
NAMEPLATE SIGN
NEON SIGN
PENNANT
PORTABLE OR MOBILE SIGN
PROJECTING SIGN
ROOF SIGN
ROOFLINE
SIGN
SIGN AREA
SIGN AREA, TOTAL
SIGN HEIGHT
SIGN, COMMERCIAL
SUBDIVISION SALES SIGN
SUBDIVISION SIGN
SUSPENDED SIGN
TEMPORARY SIGN
TRAILER SIGN
WALL SIGN
WINDOW SIGN
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any sign that uses movement or change of lighting to depict
action or create a special effect or scene, or appears to move due
to movement of the viewer.
Any structure made of cloth, canvas, or vinyl, with a frame
attached to a building or other structure, which may be raised to
a position against the building or structure when not in use.
See "canopy sign."
A temporary sign of cloth, canvas or other such light material,
hung either with or without a frame, possessing characters, letters,
illustrations or ornamentation applied to paper, plastic or fabric
of any kind. A flag is not considered a banner sign.
Temporary announcement device constructed of cloth, canvas,
fabric, or other light material.
A light or other such attractive object, fixed or intermittent,
affixed in a manner to draw attention to a particular location or
route.
A structure utilized for advertising an establishment, an
activity, a product, a service or entertainment, which is sold, produced,
manufactured, available or furnished off premises from the property
on which the said sign is located; including any device, structure
or placard erected or maintained for such advertising.
A sign indicating the name or number of a building.
Any sign attached to a building in any manner.
Any structure, in a fixed position, other than an awning
or marquee, made of cloth, plastic, metal or architectural material,
which provides a roof-like shelter.
A wall sign affixed to, or printed integrally on, a canopy,
awning or marquee.
A sign that is designed so that its characters, letters or
illustrations can be changed or rearranged without altering the background
face or the surface of a sign or billboard.
A temporary sign giving the name or names of the principal
contractors, professionals or lending institutions responsible for
the active construction on the site where the sign is placed, together
with contact information.
A sign which serves as an aid to patrons using the facilities
of an establishment that provides information such as arrows, words
such as "entrance," or "exit" or building names or numbers, parking
areas or rows, and the like, which sign itself does not advertise
the establishment.
A sign on which the names and location of occupants or the
use of a building is given. This shall include office building and
church directories.
The exterior wall or face of a building.
A banner sign, normally with a single side strut, made out
of fabric, supported on the ground, or inserted into the ground.
A usually rectangular or triangular piece of fabric of distinctive
design that is used as a symbol.
A banner sign of cloth, canvas or other such light material
intended to be hung like a flag either with or without frames, possessing
characters, letters, illustrations or ornamentation applied to paper,
plastic or fabric of any kind. A flag is not considered a flag sign.
Any sign which is supported by structures or supports in
or upon the ground and independent of support from any building.
A freestanding sign in which the entire bottom is in contact
with, or close to, the ground and is independent of any other structure.
Also known as a monument sign.
Any sign illuminated in any manner by an artificial light
source, whether from the interior or exterior of the sign. Neon signs
shall be considered internally illuminated.
A permanent, roof-like structure extending from part or all
of a building or other structure over a public or quasipublic right-of-way
and constructed of a durable material such as metal, glass or plastic.
See "canopy sign."
See "ground sign."
A sign that is capable of having the copy text changed manually
or electronically. They may be of three types:
Type A: Signs located on the same lot as a business is located
which signs advertise and give information concerning the business
or other operation being conducted on the same lot; these signs are
also known as "on-premises" signs.
Type B: Signs made with a series of sections that turn and stop
or flip to show several pictures or messages in the same area.
Type C: Multi-message digital LED displays are signs which change
the message by the use of LED electric light displays.
A sign indicating the name and/or profession or address of
a person or persons residing on the premises or legally occupying
the premises.
An electric sign that is lighted by long, luminous gas-discharge
tubes that contain rarefied neon or other gases.
A flag that tapers to a point in a triangular shape.
A temporary sign structure not securely attached to the ground
or to any other structure to advertise a specific event or occasion.
This does not include trailer signs as further defined herein.
A sign erected on the outside wall of a building which projects
out at an angle therefrom.
A sign erected or constructed wholly upon and over the roof
of any building and supported solely on the roof structure.
The juncture of the roof and the perimeter wall of the structure
at the soffit.
Any structure, either on its own supports or attached to
another structure, which shall display or include any letter, work,
model, banner, flag, pennant, insignia, device or representation used
as or which is in the nature of an announcement, direction or advertisement,
designed to convey information visually and which is exposed to public
view. A sign shall be construed to be a display surface or a device
containing organized and related elements composed to form a single
unit. In cases where matter is displayed in a random or unconnected
manner without organized relationship of the components, each such
component shall be considered to be a single sign. Signs include billboards,
but do not include flags or pennants.
The area in square feet of the sign including all lettering,
wording and accompanying design and symbols, together with the entire
background on which it is displayed. Structural sign supports or framework
is excluded from the calculated sign area; ornamentation and embellishments
are included. For double-faced signage, only one side of the sign
shall be considered for the determination of sign area. For wall signs
and canopy signs, the area shall be the polygonal area encompassing
the individual letters, numbers or symbols as affixed to a building
or structure.
The sum of all permanently mounted signs on a particular
site including building and freestanding signs. Directional, nameplate,
directory signs, and building markers are not included therein.
The height measured from the top of the sign, or sign structure,
to the grade directly below the sign.
Any sign which is owned or operated by any person, firm or
corporation engaged in the business of outdoor advertising for direct
profit gained from the rental of such signs or any sign advertising
a commodity not sold or produced on the premises. This shall include
billboards and off-premises signs indicating the direction to a particular
place.
A temporary sign placed on or at a duly recorded subdivision
of land advertising the sale of the lots, pricing, a map of the lot
layout, and the like.
A sign placed, normally at the entrance to a duly recorded
tract of land, displaying the identifying name of the subdivision
as filed.
A sign that is suspended from the underside of a horizontal
surface and is supported by such a surface.
A sign intended to be in place for a limited time.
Any temporary sign mounted either on a vehicle or a separate
trailer normally licensed by the State of New Jersey and used for
advertising or promotional purposes.
Any sign painted on or attached to and erected on the face
of, or erected and confined within the limits of, the outside walls,
windows or facade of any building or canopy, displaying a single advertising
surface.
A wall sign affixed to a window of a building.
(4)
General sign regulations in nonresidential zones.
(a)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed which is not in accordance
with the standards and requirements established in this section. Unless
otherwise specified in this section, the erection, alteration, construction,
reconstruction, placement, replacement or display of any sign shall
require a sign permit.
(b)
No sign shall be placed on or affixed or attached to a building
or structure or erected independently for any purpose other than to
identify a permitted business, occupant, service, office, address,
process, use or product offered, sold, conducted, manufactured or
assembled on the same premises. A sign may include the name of the
business, a brief general description of principal products or services
offered or sold, phone numbers and web sites, but may not include
specific brand names unless they are a part of the registered trade
name of the establishment.
(c)
No sign or structure supporting the sign shall be attached to
any natural objects, trees, stumps, fences, fence posts, utility poles
or towers, or other such structures but shall be freestanding or affixed
or attached to buildings or structures, or placed upon or supported
by the ground independent of any other structure in an approved manner.
(d)
No temporary sign face shall be located within five feet of
any property or street line. Setbacks for permanent signs shall be
as shown on Table 1 herein.
(e)
Freestanding signs are encouraged to be erected in such a manner
as to be considered ground signs.
(f)
No freestanding sign or sign affixed or attached to a building
shall be higher at any point than the highest roofline of said building,
nor greater than 25 feet, whichever is less, or than the maximum height
as specified for the particular Zone in Table 1.
(g)
Signs, whether permanent or temporary, other than signs of the
municipal, county, state or federal government that are official traffic
control devices, shall not be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed within or overhanging a sight
easement, in the right-of-way of any street, or in an easement of
a public or private utility, nor shall any sign be located so as to
constitute a traffic hazard.
(h)
Signs and sign faces shall be located outside of intersection
or driveway sight triangles. No sign of any type will be permitted
to obstruct driving vision, traffic signals and traffic direction
or street identification signs.
(i)
Signs using mechanical devices, electrical devices or both to
revolve, flash or display movement or the illusion of movement are
prohibited in all zones. The only portion of the sign exempted from
the prohibition on flashing is that which displays time, date or temperature.
(j)
No sign with red, amber, green or blue illumination in a beam,
beacon or flashing form resembling an emergency light shall be erected
in any location where it may be confused with a railroad, traffic
control or emergency vehicle signal.
(k)
Illuminated signs shall be arranged to prevent light spillage,
overwash and glare upon adjoining properties and rights-of-way. All
exterior-lighted signs shall be shielded or have fixtures that prevent
such negative off-site effects. Maximum offsite intensity of any illuminated
signage shall be 0.5 footcandle at ground level or on a vertical plane
at the property line.
(l)
A projecting sign face shall project no more than 36 inches
from the surface of the wall it is affixed to.
(m)
All signs and their supporting structures, braces, locks, guys
and anchors shall be constructed of durable materials, maintained
in good condition, and shall not be allowed to become dilapidated,
unsightly, aesthetically displeasing, or structurally unsafe.
(n)
All signs within a particular project should have a consistent
sign design throughout a particular project. The design theme would
include style of lettering construction, material, type of pole or
standard (wood or metal) size and lighting. Color of letters and background
should be carefully considered in relation to the color of the material
of the buildings or where the signs are proposed to be located. Signs
should be a subordinate rather than predominate feature of a plan.
(o)
For the purposes of this provision of the chapter, a shopping
center or other integrated commercial development with shared access,
parking and drainage, etc., shall be considered to be a single site
regardless of the number of lots.
(p)
Canopy, banner, suspended, and flag signs shall provide a vertical
clearance from a sidewalk area or pedestrian way of at least nine
feet. Any sign overhanging a vehicular way shall provide a vertical
clearance of at least 12 feet, or greater if taller vehicles may travel
below.
(q)
Wall signs shall not project above the top of the building wall
or facade or roofline.
(r)
A billboard shall occupy a single property; no other building
or structure shall also occupy the subject lot.
(s)
Permanent banner signs are not permitted in any zone.
(t)
Neon signs are permitted only in nonresidential zones and as
wall signs, and shall be a maximum of four square feet in area.
(u)
Building marker signs shall be limited to one sign per building
face.
(v)
Directional signs shall be no greater than four square feet
in area, may be illuminated, and shall be no greater than 30 inches
in height. Directional signs shall be located as to not obstruct sight
vision at driveways and intersections, and be in such a location as
to be visible to approaching vehicles. Directional signs in the Highway
Medical Commercial Zone may be up to 10 square feet in area and seven
feet in height.
(w)
Traffic control signs may be erected on private sites to control
and regulate the movement of traffic on the interior roadways on the
premises in accordance with the Manual of Uniform Traffic Control
Devices, provided that the number and location of such signs are approved
by the Planning Board.
(x)
Parking lot signs may be erected within parking areas to identify
particular areas or sections of the parking lot. In addition, freestanding
signs may be erected at each end of a parking aisle for identification
purposes. The size, number and location of all parking lot signs shall
be approved by the Planning Board.
(y)
Every establishment shall display its street number in lettering
not less than six inches in height, either on the building(s) or on
the site signage.
(z)
All signs shall comply with all applicable county, state and
federal sign regulations.
(5)
Signs in nonresidential zoning districts shall conform to the limitations
set forth in Table 1 below:
|
Table 1
Sign Bulk Requirements by Zone Nonresidential Zoning Districts
Permanent Signage
| |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Nonresidential Zoning District
| |||||||||||||||
|
Sign Type
|
Description
|
Requirement
|
BP
|
C
|
CC
|
HC
|
HMC
|
LB
|
MC
|
MU
|
NC3
|
NMC3
|
RB
|
RMC
| |
|
Free standing signs
|
Ground sign
|
Number per site, maximum1
|
Each
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
|
Area, maximum or lesser of
|
SF
|
75
|
20
|
75
|
75
|
75
|
32
|
32
|
32
|
40
|
20
|
20
|
20
| ||
|
Area, maximum based on street frontage
|
SF/LF
|
1/2
|
N/A
|
1/2
|
1/2
|
1/2
|
1/3
|
N/A
|
1/3
|
1/3
|
1/3
|
1/3
|
N/A
| ||
|
Height, maximum
|
Feet
|
20
|
10
|
20
|
20
|
20
|
15
|
20
|
15
|
15
|
15
|
15
|
10
| ||
|
Front setback minimum
|
Feet
|
35
|
10
|
35
|
35
|
35
|
15
|
35
|
15
|
15
|
15
|
15
|
10
| ||
|
Side setback minimum
|
Feet
|
50
|
10
|
50
|
50
|
50
|
20
|
50
|
20
|
20
|
20
|
20
|
6
| ||
|
Subdivision
|
Area, maximum
|
SF
|
25
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
|
NP
| |
|
Directional
|
Area, maximum
|
SF
|
4
|
4
|
4
|
4
|
10
|
4
|
4
|
4
|
4
|
4
|
4
|
4
| |
|
Building signs
|
Wall
|
Area, maximum or lesser of
|
SF
|
200
|
N/A
|
27
|
200
|
150
|
9
|
36
|
9
|
NP
|
NP
|
15
|
NP
|
|
Area, as percent of building facade
|
% per SF
|
8
|
N/A
|
6
|
8
|
6
|
4
|
2
|
4
|
NP
|
NP
|
4
|
NP
| ||
|
Window
|
Area, maximum or lesser of
|
SF
|
200
|
N/A
|
27
|
200
|
150
|
9
|
36
|
9
|
NP
|
NP
|
15
|
NP
| |
|
Area, as percent of window area
|
% per SF
|
25
|
N/A
|
25
|
25
|
25
|
25
|
25
|
25
|
NP
|
NP
|
25
|
NP
| ||
|
Roof
|
Area, maximum
|
SF
|
75
|
N/A
|
25
|
200
|
75
|
9
|
36
|
9
|
40
|
20
|
15
|
5
| |
|
Canopy, awning or marquee
|
Area, maximum as percent of vertical surface
|
% per SF
|
25
|
N/A
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
25
|
NP
| |
|
Number per use
|
Each
|
1
|
N/A
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
NP
| ||
|
Building marker
|
Area, maximum
|
SF
|
4
|
N/A
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
| |
|
Number per building face
|
Each
|
1
|
N/A
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
| ||
|
Directory
|
Area, maximum
|
SF
|
20
|
N/A
|
12
|
12
|
20
|
12
|
12
|
12
|
NP
|
12
|
12
|
NP
| |
|
Directional
|
Area, maximum
|
SF
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
| |
|
Nameplate
|
Area, maximum
|
SF
|
4
|
N/A
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
| |
|
Suspended
|
Area, maximum
|
SF
|
25
|
20
|
25
|
NP
|
25
|
9
|
36
|
9
|
20
|
20
|
15
|
5
| |
|
Neon
|
Area, maximum
|
SF
|
4
|
NP
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
|
4
| |
|
Total permanent signage
|
Total area of all signs per site
|
SF
|
1,000
|
50
|
150
|
1,000
|
750
|
150
|
100
|
150
|
100
|
100
|
100
|
50
| |
|
Notes:
| |
|---|---|
|
1.
|
One freestanding sign is permitted for each street frontage
of a site. A site with multiple frontages may provide a freestanding
sign along each frontage meeting the requirements above as a single
sign.
|
|
2.
|
Any lot located in the Neighborhood Medical Commercial Zoning
District that has lot frontage and an access to Route 72 is subject
to the bulk and area standards for the Highway Medical Commercial
Zoning District.
|
|
3.
|
In the NC Zone, identification signs for hospitals, churches
schools, colleges, or similar uses is limited to one sign per access
drive with a maximum area of 20 square feet.
|
|
4.
|
Wall and ground signs as permitted within their respective zones.
|
|
N/A
|
=
|
Not Permitted
|
|
N/A
|
=
|
Not Applicable
|
(6)
Temporary signs.
(a)
A permit is required for temporary signs, which are permitted
provided that they comply with the following provisions:
[1]
One temporary sign shall be permitted on any one site, unless
additional signage is permitted in the zone due to the number of permitted
uses at the site.
[2]
Sign area shall be a maximum of 16 square feet in sign area.
[3]
If freestanding, the sign may not exceed six feet in height.
[4]
If a wall sign, the sign is not higher than the wall to which
it is attached.
[5]
No temporary sign may be attached to trees or utility poles.
[6]
Temporary signs shall be nonilluminated.
[7]
Trailer signs, which shall be no more than one sign per trailer,
with the sign surface not to exceed four feet in height and eight
feet in length. No more than one trailer sign may be located on a
property at a time, and no trailer may be located on one property
for more than 45 days in a six-month period. Sign area shall not exceed
32 square feet.
(7)
Signs exempt from permit requirement.
(b)
Exempt signs:
[1]
Signs placed for 60 consecutive days or less, subject to the terms in Subsection P(7)(a) above. Any such signs shall marked in the top right corner with indelible ink, noting the date the sign is posted.
[2]
Government signs installed by state, federal or local governments,
not subject to the terms in (a) above.
[3]
Signs as required by Building Codes in utility and other such
hazardous areas, or as authorized by other laws, statutes or regulations.
(8)
Prohibited signs.
(b)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed that, by its size, location,
color, shape, lighting, message or nature, may be confused with or
obstruct the view of an official traffic sign or traffic control device
by pedestrians or operators of bicycles or motor vehicles.
(c)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed that uses admonitions, including
but not limited to "Stop," "Go," "Slow," "Danger," "Caution," etc.,
which may be confused with, resembles or is an imitation of an official
traffic sign or signal.
(9)
Maintenance.
(a)
All signs shall be maintained in a safe, presentable and good
structural condition at all times, including the replacement of defective
parts, painting, repainting, cleaning and other acts required for
the maintenance of said sign.
(b)
The owner of any property on which a sign is located and those
responsible for the maintenance of the sign shall be equally responsible
for the condition of the area in the vicinity of the sign and shall
be required to keep this area clean, sanitary and free from noxious
or offensive substances, rubbish and flammable waste materials. If
the sign is not made to comply with adequate safety standards, the
Township Code Enforcement Officer shall require its removal.
(c)
A sign that, because of improper maintenance, is deemed to be
in a state of disrepair, such that the sign is no longer functional,
visible, or becomes dangerous to the safety of others, shall be repaired
by the owner of said sign within 14 days of notice by the Township
Code Enforcement Officer that the sign is in need of repair.
(d)
Signs not repaired within 14 days of notification by the Township
may be removed at the expense of the property owner by the Township.
(10)
Grandfather clause. Notwithstanding the provisions of this chapter,
any permanent sign that had been lawfully erected pursuant to a permit
granted by the Township prior to the effective date of this subsection
may be left in place and shall not be deemed to violate this subsection.
(11)
Signs in other zones.
(a)
Signage in all residential, preservation, and other noncommercial
zones shall be as specified in the particular zone sections.
(12)
Multiple message signs. All multiple message signs shall comply
with the following restrictions:
(a)
Multiple message signs identified Type A shall have the message
fixed for a period of not less than 12 hours. Such signs shall not
exceed 100 square feet. No such sign shall have a flashing or moving
message or lights but shall merely be a fixed lighted message not
changing more than once every 12 hours.
(b)
Multiple message digital LED signs, identified as Types B and
C, shall only be permitted on appropriate supporting steel posts.
The bottom of such sign to be a minimum of 20 feet above grade and
shall not exceed 14 feet in height by 48 feet in width. The maximum
height of the sign shall not exceed 50 feet above the grade. The edge
of the sign closest to the highway shall be no closer to the highway
than 25 feet.
(c)
Multiple message signs identified as Type B shall be so fixed
that the message shall remain fixed for a period of at least four
seconds before changing, and the change.
(d)
Multiple message signs identified as Type C shall remain fixed
for a period of at least eight seconds, and the change in message
shall occur in one second or less.
(e)
No multiple message signs shall contain any display of any image
that moves or appears to move.
(f)
No multiple message signs shall contain, include or be illuminated
by any flashing, intermittent or moving light.
(g)
All multiple message signs shall contain a default design which
will freeze the advertisement in one position if a malfunction occurs.
(h)
The minimum spacing between multiple message signs which have
advertising facing in the same direction shall be 3,000 feet.
(i)
Multiple message signs shall only be permitted on the southerly
side of Route 72 between the Garden State Parkway and US Highway Route
9.
(j)
All multiple message sign types shall be shielded so as to prevent
light from being directed at any portion of the main traveled way
of the highway upon which such signs are located and shall be constructed
so as not to glare or impair the operation of a motor vehicle.
(k)
All multiple message signs shall be governed by this Subsection P(11) or by the provision of N.J.A.C. 16:41C-8.8, whichever is more restrictive.
(m)
The public service announcements above shall be made available
on an as-needed basis. The Stafford Township municipal public announcements
as provided in above shall be on a space-available basis approximately
four to eight seconds per minute, but not less than an average four
seconds per minute in any twenty-four-hour period.
(n)
Every permitted multi-messaging sign shall be erected only upon
a property which shall have recorded in the Ocean County Clerk's
office at Toms River, New Jersey, a reversionary deed which shall
provide that in the event of the sign owner violating this section
and, having received the requisite ten-day notice, fails to cure the
advertising message in violation of this section, title to the land
upon which the sign is located shall revert to the Township of Stafford
upon an application made by the Township to the Superior Court of
New Jersey, Chancery Division, Ocean County, ordering the owner of
the multi-messaging sign to show cause why the reversion should not
be enforced by the Court.
(o)
No multiple message signs shall be located closer than 100 feet
to the exterior of the support of the sign to the nearest residential
zone.
(p)
Multiple message signs shall only be permitted, without a variance
issued by the Township Zoning Board of Adjustment, where an existing
sign has been in existence for a period not less than five years.
(13)
Subdivision/site development signs:
(a)
Signs in site developments and subdivisions, including temporary
signage, shall be approved by the jurisdictional Board, and:
[1]
Each site plan and subdivision application shall include a signage
plan showing the specific design, location, size (dimensions and square
footage), height, materials of construction, color scheme and illumination
in compliance with the provisions required herein.
[2]
For facade or wall signs, the applicant shall submit a building
elevation plan, prepared by a registered architect or professional
engineer licensed to practice in the State of New Jersey, accurately
illustrating the wall dimensions, including the height and other building
features of the site on which the sign is to be located.
[3]
All new planned unit developments, such as shopping centers
and office parks, shall present an integrated sign design scheme for
signage in conjunction with the application for site plan. All tenants
in the shopping center, planned unit development or office park will
be required to comply with the design standards set forth in the approved
sign plan.
(b)
In cases where a sign is not part of a signage plan as part
of a site plan or subdivision application, a separate sign permit
shall be applied to and issued by the Building Department. The applicant
for a sign permit shall submit:
[1]
A property survey prepared by a land surveyor licensed to practice
in the State of New Jersey, upon which the location of the proposed
sign is indicated;
[2]
A detailed sketch of the proposed sign, indicating the sizes
(dimensions and square footage), height, design, color scheme, materials
of construction and illumination; and
[3]
For wall signs, a building elevation drawing accurately illustrating
the wall dimensions, including the height, and other building features,
of the site on which the proposed sign is to be located.
[4]
Any required fee.
Q.
[2]Soil removal/resource extraction. Soil removal/resource
extraction may be permitted, subject to a conditional use approval,
in the zone districts designated, provided that compliance with the
following minimum standards are achieved:
[Added 8-19-2003 by Ord. No. 2003-106; amended 11-1-2004 by Ord. No. 2004-85]
(1)
Final approval of the proposed soil removal/resource
extraction shall only be permitted as a conditional use as part of
a recreation open space tract preliminary/final site plan/final subdivision
approval as reflected by the signature of the Township of Stafford
on the final approval plan in accordance with N.J.S.A. 40:55D-4.
(2)
Approval of the conditional use by the Planning Board. The soil removal extraction standards to be applied by the Planning Board shall be those set forth pursuant to Chapter 181 (Soil Removal/Resource Extraction) of the Stafford Township Code. Approval by the Planning Board is a specific conditional use requirement. However, the Planning Board, in its discretion may waive any specific soil removal/resource extraction requirements of Chapter 181 of the Stafford Township Code, and said standards of Chapter 181 are not specific conditional use requirements. Said details and requirements may be waived by the Planning Board after review of the grading plan of the applicant and based upon the recommendations of the Township Engineer, and, in order to be consistent with the chapter, such waivers from Chapter 181 may include, but not be limited to:
(a)
Procedural.
[1]
All references to a soil removal/resource extraction permit shall be interpreted to mean approval of the grading plan as part of the site plan application by the Stafford Township Planning Board pursuant to this subsection. The grading plan to be reviewed and approved by the Planning Board shall be subject to the requirements of Chapter 181, Soil Removal/Resource Extraction. Nothing herein, however, shall be construed to require the issuance of separate approval, permit or license for resource extraction or mining under Chapter 181; such approval, permit or license to be considered hereunder as included with any grading plans/site plan approval granted.
[2]
All references to the Zoning Officer shall be
replaced by the Planning Board.
(c)
(d)
Section 181-9. Fees, bonds and insurance may be replaced, in whole or in part, by the applicable provisions of Articles XI and XII of the Land Use and Development Ordinance of the Township of Stafford at the sole discretion of the Planning Board upon the report of the Township Engineer.
(e)
The following specific soil removal/resource extraction requirements of Chapter 181 of the Stafford Township Code shall apply to the soil removal/resource extraction, which is permitted subject to conditional use approval in the Low Density Rural/Residential Recreation Open Space Zone (RA-3/ROS), only as expressly modified below:
[1]
Section 181-7(G) will be amended to insert the
word “hydrological” after the word “significant,”
and to add the following text to the end of the sentence: “as
documented by an expert report to be submitted by the applicant.”
(3)
Approval of the Planning Board of the form of golf course dedication and land dedication proposed by the applicant as defined in § 211-17.1A(2).
(4)
Approval of the Township of the form of golf course dedication and land dedication proposed by the applicant as defined in § 211-17.1A(2).
(5)
Filing and recordation by the applicant with the Clerk of Ocean County of the form of approval(s) referenced in § 211-35Q(1), (2), (3) and (4).
(6)
Posting by the applicant with the Township of performance
bond guarantees pursuant to N.J.S.A. 40:55D-53 through 40:55D-53.6,
together with all subsequent amendments and revisions, if any, in
a form that is acceptable to the Township and in the amount(s) and
for the time period(s) that the Township Engineer deems to be reasonable
for the recreation open space tract improvements based on the performance
completion time and activity schedules approved by the Planning Board.
(7)
Applicant shall be in receipt of a soil erosion and
sediment control permit certification issued by the Ocean County Soil
Conservation District.
(8)
A grading plan shall be filed with the Planning Board
as part of the recreation open space tract preliminary/final subdivision/site
plan application to address the proposed soil removal/resource extraction
activities on the tract, which application shall include the following:
(b)
A project site base map, at a scale of no less
than one inch to 200 feet and extending 200 feet beyond each boundary
of the subject tract, showing ownership boundary lines; the boundary
of the proposed development; owners of holding, if any, adjoining
and adjacent to the subject property; existing facilities; buildings
and structures on the site; all proposed development, wetlands and
streams, including intermittent streams, rivers, lakes and other water
bodies; and existing roads;
(c)
A soils map, including a county soils survey,
in conformance with the guidelines of the United States Department
of Agricultural Soil Conservation Service, at the size and scale of
no less than one inch to 200 feet, delineating all soil series at
an appropriate level of detail;
(d)
A map, at the same size and scale as the project
size base map, showing existing vegetation and identifying the predominant
vegetation types in the area;
(e)
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,
including results of percolation tests and soil borings preformed
in the recharge area, together with letters of review and comment
from the local Soil Conservation District and County Engineer;
(f)
Public utility agreements or other documentation
evidencing the availability of electric, gas, water, sewer and other
necessary public services;
(g)
A topographic map, at a scale of one inch equals
200 feet, showing the proposed dimensions, location and operations
or proposed soil removal permit activities on the tract;
(h)
United States Geological Survey quadrangle map
showing the dimensions of the tract and an area of at least 1,000
feet beyond such tract boundaries in all directions;
(i)
The location, size and intended use of all soil
removal related buildings and structures;
(j)
The location of all points of ingress and egress;
(k)
The location of all existing and proposed streets
and rights-of-way, including railroad rights-of-way;
(l)
The location and message to be shown on all
signs pursuant to N.J.A.C. 12:185-10.4;
(m)
A plan, which includes:
[1]
A description of the proposed soil removal procedures
and activities for the tract;
[2]
Construction schedules for the golf course,
soil removal extraction and other recreation open space tract site
plan development activities in time periods each ranging from two
to five years or as otherwise deemed appropriate by the Planning Board;
[3]
Proposed grading and final elevations;
[4]
Proposed maintenance and stabilization schedule;
and
(9)
Submission of a certificate of general liability insurance in accordance with the provisions of § 181-9D.
(10)
Execution of a developer’s agreement between
the Township of Stafford, the Stafford Township Planning Board and
the applicant/developer.
[2]
Editor's Note: Former Subsection Q, concernAny
sign erected, altereding assisted living facilities, continuing care
facilities, residential health care facilities, nursing and convalescent
homes and long-term care facilities, added 5-3-1994 by Ord. No. 94-43,
was repealed 10-21-1997 by Ord. No. 97-85.
R.
[3]Soil removal/resource extraction processing. Soil removal/resource
extraction processing may be permitted as a conditional use in the
RA-3/ROS Zoning District, provided that the following specific conditional
use requirements are met:
[Added 8-19-2003 by Ord. No. 2003-106]
(1)
Resource extraction processing shall be permitted only as a conditional use in conjunction with a conditional use for soil removal/resource extraction, meeting all of the conditional use requirements for soil removal/resource extraction pursuant to § 211-35Q.
(2)
“Soil removal/resource extraction processing”
shall be defined as the process by which the material that has been
removed or extracted from the location or property from which it has
been extracted is handled for the purpose to impart physical change
in the material by methods of operation, which consist of excavating,
loading, mechanical washing, unloading or stockpiling material handled
in a dry, moist, wet or slurry form, provided for purposes of this
definition that no processing shall include nor be permitted which
involves any operation that results in chemical change in the material
being handled.
(3)
All soil removal/resource extraction processing shall
be set back a minimum of 1,000 feet from any residential property,
excluding property owned by the applicant or the related tract applicant/owner
entity.
(4)
The soil removal/resource extraction processing shall comply with the noise limitation requirements set forth in Chapter 142 of the Stafford Township Code, and the applicant shall be required to demonstrate, as a conditional use requirement, that the applicant shall comply with the noise requirements of Chapter 142 of the Stafford Township Code.
[3]
Editor's Note: Former Subsection R, 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.
S.
Integrated commercial development. Integrated commercial
development may be permitted in those districts specified, subject
to the issuance of a conditional use permit, and adherence to the
minimum requirements of the particular zone and the following standards:
[Added 5-3-1994 by Ord. No. 94-43]
(1)
Permitted uses within an integrated commercial development
shall be as follows:
(a)
Offices for members of a recognized profession
or business, including but not limited to physician, dentist, architect,
engineer, planner, attorney, real estate broker, insurance agent,
accountant and music, art or photography studios.
(b)
Any retail shopping facility or service establishment
which supplies commodities or performs a service primarily for residents
of the surrounding neighborhood, such as a food convenience store,
delicatessens, meat markets, drugstores, variety stores, bakery shops,
restaurants, luncheonettes, barbershops, beauty shops, laundromats,
appliance repair shops and banks.
(c)
Restaurants and other eating establishments,
but excluding fast-food establishments.
(d)
Child-care centers.
(e)
Essential services.
(2)
Required accessory uses shall be the same as in the
LB Local Business Zone.
(3)
Permitted signs shall be the same as in the LB Local
Business Zone.
(4)
Minimum area, yard and building requirements shall
be as follows:
(a)
Minimum lot area: three acres.
(b)
Minimum lot width: 400 feet.
(c)
Minimum lot frontage: 400 feet.
(d)
Minimum lot depth: 300 feet (250 feet east of
Route 9).
(e)
Minimum front yard setback: 125 feet (100 feet
east of Route 9).
(f)
Minimum rear yard setback: 50 feet (30 feet
east of Route 9).
(g)
Minimum side yard setback: 25 feet.
(h)
Maximum building coverage: 25%.
(i)
Minimum unoccupied open space: 40%.
(j)
Minimum front yard setback of parking areas
and vehicle circulation aisles: 50 feet (40 feet east of Route 9).
(5)
Access and frontage requirements.
(6)
The Planning Board shall make findings that to the
maximum extent practicable the integrated commercial development meets
the following:
(a)
The proposed development maintains the existing
rural character of the rural minor arterial corridor through the preservation
of existing vegetation along the corridor and/or supplemental plantings
and landscaping.
(b)
The architecture of the proposed structure and
the layout and design features of the proposed development are consistent
with the maintenance of the rural and aesthetic character of the area,
particularly the existing visual character of the rural minor arterial
corridor.
(c)
Adequate buffering and screening provisions
are included in the development plan to protect existing and potential
future residential development of adjoining properties.
T.
Motor vehicle service stations. Motor vehicle service
stations may be permitted in those zones specified, subject to the
issuance of a conditional use permit, and adherence to the minimum
standards of the particular zone and the following:
[Added 5-3-1994 by Ord. No. 94-43]
(1)
The motor vehicle service station shall have a minimum
of 150 feet of frontage on and direct access to a roadway classified
as a minor rural arterial.
(2)
Minimum lot size shall be one acre.
(3)
No vehicle shall be permitted to be standing or parked
on the premises of a motor vehicle service station other than those
used by the employees in the indirect or direct operation of the establishment,
except for the following: no more than five during working hours and
no more than three overnight. Overnight outdoor storage of more than
three vehicles shall be prohibited.
(4)
Convenience shops may be permitted, provided that:
[Amended 6-10-1997 by Ord. No. 97-46]
(a)
The maximum gross floor area of the convenience
stores shall not exceed 2,500 square feet; provided, however, that
the maximum gross floor area of a convenience store may be increased
at rate of 1,500 square feet of additional gross floor area per acre
of additional lot area over the required minimum lot area, up to a
maximum of 7,500 square feet of gross floor area; and
[Amended 6-15-1999 by Ord. No. 99-26; 4-18-2005 by Ord. No. 2005-33]
(5)
All fuel pump islands shall be located at least 35
feet from all property lines.
(6)
No outdoor oil drainage pits or hydraulic lifts shall
be permitted.
(7)
Any repair of motor vehicles shall be performed in
a fully enclosed building. No parts or partially dismantled motor
vehicles may be stored out-of-doors.
(8)
No auto body work shall be permitted.
(9)
Illumination shall be such that no direct glare from
the lights shall fall upon adjoining streets or properties.
(10)
Sale of new or used cars is prohibited.
(11)
Accessory goods for sale may be displayed on
the pump islands and the building island only. The outside storage
of oil cans and/or antifreeze and similar products may be displayed
on the respective islands, if provided for in a suitable metal stand
or rack.
(12)
The maximum building coverage shall be 15% of
the lot area and a maximum of 20% of the lot area with a canopy. The
maximum percent of lot coverage for buildings and all impervious surface
areas shall be 65%.
[Amended 6-10-1997 by Ord. No. 97-46]
(13)
The minimum unoccupied open space shall be 30%
of the lot area.
(14)
A canopy, consisting of a roof-like cover that
is supported by one or more columns or stanchions, without side walls,
used primarily to shield fuel pumps from the elements, shall be permitted
subject to the following:
[Amended 11-1-1994 by Ord. No. 94-100]
U.
Home occupations. A home occupation may be permitted
in those districts specified, subject to the following conditions:
[Added 11-1-1994 by Ord. No. 94-96; amended 6-24-1997 by Ord. No. 97-44]
(1)
In addition to meeting the definitional requirement of § 211-7, a home occupation shall further be defined as an accessory use that:
(a)
Is clearly accessory and incidental to the detached
single-family principal use of the structure and property.
(b)
Is conducted entirely within the dwelling or
accessory building.
(c)
Is conducted by and limited to a member or members
of the immediate family residing in the single-family dwelling and
no more than one employee or family member not residing in the principal
dwelling.
(d)
Occupies not more than 10% of the total floor
area of the residential structure and, further, provided that the
returning floor area of the structure shall meet or exceed the minimum
habitable floor area requirement of the zone.
(e)
Does not alter the residential appearance of
a principal residential structure or the residential appearance of
the property upon which it is conducted.
(f)
Does not involve outdoor storage of equipment
or materials.
(g)
Does not involve signage other than a single
lighted or unlighted identification sign not exceeding two square
feet in area.
(h)
Does not involve the retail sale of goods and/or
services offered or produced by the home occupation from the property
other than by appointment.
(i)
Does not involve truck deliveries (except parcel
delivery services, e.g., UPS) and no more than an average of 10 vehicle
visits per week, including parcel delivery services (residential family
or permitted employees shall not be included in this calculation).
(j)
Does not constitute a nuisance to adjacent residential
properties for reasons of noise, odor, congestion, traffic, vibration,
electrical interference and other causes.
(k)
The total floor area utilized for a home occupation
within an accessory building does not exceed more than 10% of the
total floor area of the principal dwelling.
(l)
The cumulative total floor area of all the home
occupations conducted on any lot do not exceed 10% of the floor area
of the principal building.
(2)
Permit requirements for home occupation.
(a)
Prior to commencement of any home occupation
use, a zoning permit for the home occupation use shall be issued by
the Zoning Officer. The zoning permit shall be valid for a term of
one year (twelve months).
(b)
Zoning permits for the home occupation use shall
be renewed on an annual basis upon satisfactory application to the
Zoning Officer.
(d)
Where required, proof of the necessary federal,
state and/or county approvals must be submitted with an application
for a home occupation.
(e)
In the event that a home occupation generates a waste by-product that requires special disposal, documentation of the utilization, storage and disposal must be submitted to the Zoning Officer on a quarterly basis. Failure to do so shall result in immediate revocation of the zoning permit. In addition, all nonrecyclable garbage must fit within a garbage receptacle as set forth in § 167-3.
V.
Self-storage facilities (mini-warehouse). Self-storage
facilities may be permitted in those districts specified, subject
to the issuance of a conditional use permit and adherence to the minimum
requirements of the particular zone and the following standards:
[Added 10-15-1996 by Ord. No. 96-77]
(1)
Minimum lot area: three acres.
(2)
Minimum side and rear yard setback: 30 feet.
(3)
Minimum width of landscape buffer between all residential
uses and residential zones along side and near property lines: 25
feet.
(4)
Minimum width of landscape buffer along side and rear
property lines, all other uses: 20 feet.
(5)
Screening shall be required in the front yard area
to enhance the appearance or screen the self-storage facility from
roadways. Such screening may consist of fences, walls, natural vegetation
and landscaping, or some combination thereof, and shall be specifically
approved by the Planning Board.
(6)
Maximum building height: 24 feet and two stories.
(8)
No flammable materials, hazardous chemicals or explosives
shall be permitted to be stored.
(9)
The servicing, repair, or fabrication of motor vehicles,
boats, trailers, lawn mowers, appliances or similar equipment shall
be prohibited.
(10)
Auctions, wholesale and retail sales, and garage
and other miscellaneous sales shall be prohibited.
(11)
The operation of power tools, spray-painting,
compressors and other similar equipment shall be prohibited.
(12)
Outdoor storage shall be limited to the storage
of boats, boat trailers and recreation vehicles, and any such storage
shall not be visible from any property line.
(13)
Maximum building coverage: 35%.
W.
Private helistop. Private helistops may be permitted
in those zones specified subject to the issuance of a conditional
permit and adherence to the minimum requirements of the zone and the
following standards:
[Added 7-21-1998 by Ord. No. 98-51]
(1)
Private helistops shall meet all of the New Jersey
Division of Aeronautics, Licensing of Aeronautics Facilities and shall
be so licensed pursuant to New Jersey Administrative Code, Title 16,
Chapter 54,
(2)
No conditional use shall be permitted, and no private
helistops shall be installed, used or operated unless the applicant
therefor shall demonstrate, in accordance with the procedures for
granting of conditional uses, the following:
(a)
Flights from the proposed helistop, including
landings and takeoffs, shall conform to all federal laws and regulations
of the Federal Aviation Administration.
(b)
Notwithstanding the minimum lot area for the
district in which the helistop is proposed, any tract upon which a
helistop is permitted shall contain a minimum of 10 acres.
(c)
Setbacks of landing pads m the property line
shall be a minimum of 400 feet where such lot line adjoins a residential
use or zoning district. The landing pad shall not be closer to any
property line than such distance which would result in a helicopter
passing over a residential lot at less than 300 feet when in a landing
or takeoff pattern.
(d)
Helicopter operation for medical or other emergencies
are exempt from these requirements.
(e)
The landing/takeoff pad shall not be located
on a rooftop.
(f)
Any operator of a private helistop shall specifically
agree as a condition of a conditional use permit that the helistop
may be used as needed for federal, state, county or municipal services,
including but not limited to the providing of emergency services of
any type.
X.
Fences.
[Added 8-18-1998 by Ord. No. 98-58]
(1)
A "fence" or "fencing" shall be defined as any wood,
masonry, metal or aluminum structure(s) or any wall or hedges constructed
on the front, side or rear yard and designated to shield, screen or
protect a lot(s) or a portion of a lot(s).
(2)
General requirements.
(a)
All fences hereinafter erected, rebuilt, renovated
and maintained in any residential district in the Township shall be
subject to the following rules, requirements and regulations:
[1]
On any lot in any residential district, no fence,
wall or hedge shall be erected, built, renovated or maintained so
that said fence, wall or hedge shall exceed six feet in height. See-through
fencing may be constructed to a maximum height of six feet in accordance
with all other provisions contained herein.
[2]
The height of all fences, walls and hedges shall
be measured from the ground elevation or finished grade a vertical
distance of six feet.
[3]
"See-through fencing" shall be defined as any
fence or fencing having a consistent density of not greater than 50%
for all fences, living fences and hedges.
[4]
Fences on lagoon properties shall be of a see-through
type or variety for a minimum of 15 feet from any bulkhead or rear
property line along the side line or side yard of any residential
lot so as not to obstruct the view of the lagoon. The entire rear
line or rear yard fence shall also be of a see-through type or variety.
All living fences and hedges shall adhere to the above-stated fifteen-foot
side-line regulations and shall not be constructed in a continuous
non-see-through manner.
[5]
All fences shall be constructed with the face
or finished side away from the property and the structural side toward
the interior of the lot(s) on which they are erected.
[6]
Fences which are painted or stained shall be
of one harmonious color throughout each individual lot(s) and blend
with the character of the surrounding neighborhood.
[7]
No fence shall be constructed with barbed wire
or electrified or topped with spikes, sharp points or any other dangerous
object(s) which may be hazardous to persons or animals.
[8]
Living fences, hedges or screen plantings shall
be planted no closer than six inches to a property line and shall
be maintained in a neatly trimmed and aesthetically pleasing condition.
[9]
Fences shall not be erected on a property line
without the approval, in writing, of the adjoining property owners.
All fences shall be erected a minimum of six inches from the property
line on which they will be located.
[10]
Fences shall be erected in a proper
manner so as to permit the free flow of natural drainage and prohibit
the blocking, obstruction, damming and/or ponding of surface water
on the lot on which they are erected and on all contiguous and adjoining
properties.
[11]
No fence, wall or hedge shall
be used as a side of a shed, building or accessory structure.
[12]
No fence, wall or hedge shall
encroach upon any public right-of-way, public easement or other private
property(s) other than the lot(s) which it is intended to serve.
(3)
A fence permit shall be required and shall be issued,
in conformance with these rules, regulations and requirements, by
the Township Zoning Office for all fences, except living fences, erected
in the Township.
(4)
Clear sight triangles shall be provided at all street
intersections. Within such triangles, no vision-obstructing objects
shall be permitted which exceed the height of 30 inches above the
elevation of the existing street. This restriction shall not prohibit
the construction of see-through-type fences at the height limitation
prescribed above.
(5)
All fences placed in the front yard of a residential area shall be
at least 50% of an open, see-through variety. For the purposes of
this subsection only, where the rear yards of two corner lots abut
back to back, the yard area bordered by the side line of a corner
lot which is adjacent to the intersecting street shall not be considered
a front yard for either corner lot.
[Amended 8-20-2002 by Ord. No. 2002-68; 9-25-2018 by Ord. No. 2018-20]
(a)
Corner lots for the installation of fences are defined as any
lot which occupies the interior angle of the intersection of two street
lines. On all corner lots the building setback line abutting both
street frontages shall not be less than the minimum front yard setback
required on an adjoining interior lot fronting on such street. On
all corner lots the minimum lot width and depth shall be measured
along both abutting street lines. All corner lots shall have two front
yards, one side yard and a rear yard. The side yard shall be considered
to be the lesser of the two remaining yards.
(b)
For the purposes of the installation of fences, the front yard
shall extend for the full width of the street upon which the house
fronts. On the other street, the front yard shall extend to a line
perpendicular to the street which intersects the frontmost point of
the building. To the rear of this line shall be considered to be a
part of the rear yard.
(6)
Only fences that fall within the sight triangle of the intersecting
streets are required to be 50% open. The site triangle shall be calculated
using a fixed point of 90 feet in each direction from the center of
the intersection if no intersecting roads are subject to traffic controls;
i.e., lights or stop signs. If controlled, the calculation is based
on one car length behind 20 feet the stop bar or sign.
[Added 9-25-2018 by Ord.
No. 2018-20]
Y.
Motor vehicle repair garage. Motor vehicle repair
garages may be permitted as a conditional use in those zoning districts
specified, provided that the lot, use and structures shall adhere
to the minimum area, yard and building requirements of the particular
district and to the following:
[Added 1-18-2000 by Ord. No. 2000-19]
(1)
No outdoor oil and drainage pits and hydraulic lifts
shall be permitted.
(2)
All repairs shall be performed in a fully enclosed
building.
(3)
All vehicles awaiting repair or under repair which
are stored out of doors shall be screened from the public by a solid
fence and/or evergreen plantings, or as otherwise required by the
Planning Board.
(4)
No vehicle awaiting repair or under repair may be
stored out of doors within the required front yard area, within 20
feet of any side or rear lot line or within 50 feet of any adjoining
lot within a residential zone.
(5)
The on-site storage of junk or dilapidated vehicles,
which are neither awaiting repair nor pending a determination of an
insurance claim, shall not be permitted.
(6)
Operators of a motor vehicle repair garage must contain
all leakage from vehicles being stored on site or awaiting repair.
Z.
Storage of tractor trailers, commercial trailers and
storage containers; exceptions.
[Added 4-18-2000 by Ord. No. 2000-30; amended 6-1-2004 by Ord. No. 2004-43; 6-15-2004 by Ord. No.
2004-51]
(1)
Storage of tractor trailers, commercial trailers and
storage containers. No tractor trailers or commercial trailers empowered
by truck tractors as defined in N.J.S.A. 39:1-1 shall be stored or
used as a storage facility on any property in the Township. No container
of any kind shall be stored or used as a storage facility on any property
in the Township.
AA.
Flag lots. Flag lots shall be a conditional use permitted
in all zones east of the Garden State Parkway. The following supplementary
regulations shall apply to the creation of and/or the development
of all flag lots:
[Added 7-20-2004 by Ord. No. 2004-55]
(1)
FLAG
FLAG LOT
REMAINDER LOT
STAFF
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
That portion of the flag lot within which all structures
must be located and which is connected to a public road by the staff.
A lot not meeting the minimum frontage requirements for conventional
development in the zone in which it is located and where access to
the public road is by a narrow, private right-of-way or driveway.
A flag lot consists of a staff and a flag (see Figure 1 herein).
That remnant portion of the original tract, subject to a
flag lot subdivision, other than the flag lot.
That portion of the flag lot that connects the flag to the
public road.
 |
(2)
All proposed flag lots will contain an access
staff in conformance with all of the following standards:
(a)
The staff portion shall be a minimum of 50 feet
in width throughout its length and shall include a minimum of 50 feet
of frontage on an improved/approved public street.
(b)
An access driveway shall be constructed in the
center of and along the entire length of the staff in accordance with
all of the following standards:
[1]
Provision shall be made for adequate drainage
along and/or across the driveway so as not to change the existing
drainage pattern.
[2]
The driveway shall be uniformly graded and well-compacted,
as applicable.
[3]
Within the public right-of-way, the driveway
shall be six-inch-thick portland cement concrete with a twenty-eight-day
compressive strength of at least 3,500 pounds per square inch. A 10/10
six-inch-by-six-inch welded wire fabric temperature reinforcement
shall be provided.
[4]
The access driveway shall be constructed and
maintained to provide adequate vertical clearance to allow the passage
of emergency vehicles to the flag portion of the lot.
(c)
The staff will include a minimum of a fifteen-foot-wide
continuous year-round screen, planted on either side of the access
driveway.
(d)
No structure shall be constructed in the staff.
(e)
The staff shall not cross a live stream, stream
bed, ravine, wetlands or similar topographic features without provision
of an adequate structure approved by the Township Engineer and/or
appropriate outside agencies.
(f)
The staff shall lie along a property line that
is significantly perpendicular to the public street. Under no circumstances
shall one staff be adjacent to another staff.
(g)
Parking of vehicles shall be prohibited in any
portion of the "staff." The minimum required number of parking spaces
shall be provided only within the flag portion of the flag lot.
(h)
Adequate on-site turnaround space for emergency
vehicles shall be provided in the form of a cul-de-sac and/or other
design as approved by the Township Engineer.
(i)
In a flag lot subdivision, the remainder lot
shall meet all area, yard, setback and height requirements of the
zone in which it is located.
(j)
The area of a flag lot, exclusive of the staff,
shall meet the area, yard setback and height requirements of the zone
in which it is located. The location of the front yard and rear yard
of a flag lot shall be determined in accordance with Figure 1.
(k)
No flag lot will be permitted if, at a point
where it meets the public right-of-way, a flag lot currently exists
adjacent to the proposed remainder lot or a remainder lot currently
exists adjacent to the proposed flag lot.
(l)
No subdivision plan including the creation of
a flag lot shall contain more than two lots (the flag lot and the
remainder).
(m)
No lot created as a result of a flag lot subdivision
shall be further subdivided.
BB.
Parking restrictions in residential zones.
[Added 10-17-2006 by Ord. No. 2006-80]
(1)
It shall be permissible for a motor vehicle,
as defined within N.J.S.A. 39:1-1, to be parked or stored in a front
or side yard of any lot in a residential zone only if, at the street
frontage, no curb is installed or is required to be installed. There
shall be no off-street parking of motor vehicles in rear yards.
(2)
It shall be strictly prohibited to park or store
a motor vehicle in the front, side or rear yard of any lot in any
residential zone where curbing is installed or required to be installed
at street frontage of such property. On such lots, off-street parking
or storage of motor vehicles must be within a designated driveway
marked by curb cut or within a garage.
CC.
Infill residential design standards for all residential
districts (RA, R-2, R-3, R-4, R-90, R-75, RR-1, RR-2, RR-2A, R-3/PRC)
and historic homes.
[Added 11-5-2007 by Ord. No. 2007-98]
(1)
Purpose. The goal is to develop new design standards
that will promote the character, livability and the visual continuity
of the neighborhood.
(2)
Building mass and scale.
(a)
A one-story porch or other element, not to exceed
15 feet in height at the wall plate, shall be provided along the street
front of a building. It should have a minimum area in plan of 80 square
feet. It may be subordinate to the primary wall plane, or it may constitute
the primary wall plane itself.
 |
(b)
A primary wall plane is the dominant surface
of the front wall of a building as it faces the street. For lots where
the lot width is 50 feet or less, the primary wall plane should be
a maximum of 24 feet in width, if the facade is greater than 12 feet
in plate height.
 |
(c)
Building height exception. An exception may
be granted for an addition to an historic building, where it can be
demonstrated that the added height is necessary to connect with the
existing building and that the resulting design would be compatible
with the neighborhood context.
(d)
Setbacks: prevailing front yard setbacks. Where
the prevailing front yard setback on a street on which the property
fronts is greater than that required in the Schedule of Lot, Height
and Yard Requirements for that zone, the front yard setback required
must be consistent with the front yard setback for the immediately
adjoining properties. Should the prevailing front yard setback for
one or both of the immediately adjoining properties not be consistent,
then the prevailing front yard setback required must be consistent
with the prevailing front yard setback of a majority of the lots on
the block front along which the property is located.
(e)
Parking. Where parking is to be accessed from
the street, use measures to minimize the visual impacts of driveways
and garages. To the extent possible, garage doors shall face the side
yard. Garages that face the front yard should not constitute more
than 1/3 of the primary wall plane or project more than 10 feet forward
of the primary wall plane.
(f)
Historic preservation. Restoration, renovation,
substantial alteration or additions to buildings identified as significant
in the Historic Preservation Element of the Stafford Master Plan shall
comply with the Secretary of Interior’s Standards for Historic
Preservation. For projects not requiring review and approval of the
Stafford Planning Board, the Zoning Officer may request review and
comment from the Stafford Historic Preservation Society within the
time period for approving or denying a zoning permit as established
by law or regulation.
DD.
CAFRA impervious coverage limitations. For all major
and minor site plans and all major and minor subdivisions on sites
which are outside of the Township’s designated Regional Center
but are located within CAFRA jurisdiction, the impervious coverage
limitations in the table below shall apply. In all cases where there
is a different impervious coverage standard in the applicable zoning
district regulations, the more restrictive standard shall govern:
[Added 12-18-2007 by Ord. No. 2007-120]
|
Location
|
Sewer Service
|
Maximum
Impervious
Coverage
|
|---|---|---|
|
Coastal Suburban Planning Area (PA2)
|
Within sewer service area
|
30%
|
|
Coastal Suburban Planning Area (PA2)
|
Outside of sewer service area
|
5%
|
|
Coastal Rural Planning Area (PA4)
|
5%
| |
|
Coastal Environmentally Sensitive Planning Area
(PA5)
|
3%
|
[Added 4-12-2022 by Ord. No. 2022-07]
A.
Purpose. The purpose of this section is to comply with P.L. 2021,
c. 171, which Governor Phil Murphy signed into law on July 9, 2021.
B.
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY-ACCESSIBLE EVSE
Definitions.
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See "State Uniform Construction Code Act," P.L.1975,
c.217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant
thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as rapid
charging stations that are typically characterized by industrial grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electrics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. "EVSE" may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct current fast chargers. Make ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L.2019, c.362 (N.J.S.A. 48:25-1 et al.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
The Code Enforcement Officer and/or the Zoning Official shall
enforce all signage and installation requirements described in this
section. Failure to meet the requirements in this section shall be
subject to the same enforcement and penalty provisions as other violations
of the Township of Stafford's land use regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any state rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or Department of Community
Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of this section, a retailer that
provides 25 or fewer off- street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any electric vehicle supply equipment or make-ready parking
spaces.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 130-81.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Reasonable standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered guidelines and flexibility should be allowed
when alternatives can better achieve objectives for provision of this
service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly-accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to NJSA 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or § 130-106. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable. The Township currently has two public EVSE parking spaces located at 260 East Bay Avenue and 775 East Bay Avenue.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety.
(a)
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Township of Stafford's
ordinances and regulations.
(c)
Adequate EVSE protection such as concrete-filled steel bollards
shall be used for publicly-accessible EVSE. Nonmountable curbing may
be used in lieu of bollards if the EVSE is setback a minimum of 24
inches from the face of the curb. Any stand- alone EVSE bollards should
be three to four feet high with concrete footings placed to protect
the EVSE from accidental impact and to prevent damage from equipment
used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly-accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Township of Stafford shall require the owners/designee of publicly-
accessible EVSE to provide information on the EVSE's geographic
location, date of installation, equipment type and model, and owner
contact information.
(5)
Signs.
(a)
Publicly-accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices as published
by the Federal Highway Administration.
(c)
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(6) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
[1]
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the municipality or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: In addition to any parking
fees, the fee to use parking spaces within the municipality identified
as EVSE spaces shall be:
(b)
This fee shall be set and amended by a resolution adopted by
the governing body in accordance with the fee scheduled contained
herein.
(c)
Private EVSE: Nothing in this Section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
[1]
Editor's Note: Former § 211-35.1, Affordable accessory
apartments, added 11-3-2003 by Ord. No. 2003-139, as amended, was
repealed 1-19-2010 by Ord. No. 2010-03.
[1]
Editor's Note: Former § 211-35.2, Affordable housing
requirement, added 7-20-2004 by Ord. No. 2004-55, as amended, was
repealed 1-19-2010 by Ord. No. 2010-03.
[Amended 2-21-1989 by Ord. No. 89-22]
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of not less than $100 nor more than $1,250,
by imprisonment for a term not to exceed 90 days or by community service
of not more than 90 days, or any combination of fine, imprisonment
and community service as determined by the Municipal Court Judge.
The continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
[Amended 10-17-2006 by Ord. No. 2006-80]
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
[Added 9-7-1999 by Ord. No. 99-58]
[1]
Editor's Note: Former § 211-37, Tables of sign regulations,
was repealed 9-17-2019 by Ord. No. 2019-05.
