Township of Stafford, NJ Chapter 211 Zoning

[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.

Article I General Provisions

§ 211-1 Designation of zoning districts.

[Amended 12-20-1988 by Ord. No. 88-94; 2-21-1989 by Ord. No. 89-19; 8-1-1989 by Ord. No. 89-52; 7-3-1990 by Ord. No. 90-28; 5-8-1993 by Ord. No. 93-31; 5-3-1994 by Ord. No. 94-43; 5-3-1994 by Ord. No. 94-45; 3-21-1995 by Ord. No. 95-34]

For the purpose of this chapter, the Township of Stafford is divided into the following zoning districts:

PA	Preservation Area Zone
FA	Forest Area Zone
PV	Pinelands Village Zone
MC	Marine Commercial Zone
RA	Rural Residential Zone
RA-3	Low-Density Rural Residential Zone[1]
RA-4	Rural Residential Zone [Added 11-5-2007 by Ord. No. 2007-98]
RA-5	Rural Residential Zone [Added 11-5-2007 by Ord. No. 2007-98]
R-2	Residential Zone
R-3	Residential Zone
R-4	Residential Zone
R-90	Residential Zone
R-75	Residential Zone
RR-1	Residential Zone
RR-2	Residential Zone
RR-2A	Residential Zone
R-3/PRC	Planned Retirement Community Zone
MU	Mixed Use Zone
NC	Neighborhood Commercial Zone
C	Cemetery [Added 11-5-2007 by Ord. No. 2007-98]
LB	Local Business Zone
CC	Community Commercial Zone[2]
HC	Highway Commercial Zone
BP	Business Park Zone[3] [Added 10-1-1996 by Ord. No. 96-59[4]]
BPRP	Business Park Redevelopment Plan [Added 11-5-2007 by Ord. No. 2007-98]
NMC	Neighborhood Medical Commercial Zone
HMC	Highway Medical Commercial Zone[5]
P	Preservation Zone
ROS	Recreation Open Space Zone
W	National Wildlife Refuge Zone
ML	Municipal Land Use Zone
ML-SCH or RGL-SCH	School Zone
ML-P	Park Zone[6]
CO	County Land Zone
C-P	County Park Zone
S	State Land Zone
RMC	Recreational Marine Commercial Zone
RB	Rural Business Zone
WPO	Wellhead Protection Overlay Zone [Added 10-15-1996 by Ord. No. 96-55]
PU	Public Utility [Added 11-5-2007 by Ord. No. 2007-98]
ARMFAH	Age Restricted, Multi-Family Affordable Housing Zone [Added 12-19-2000 by Ord. No. 2000-71]
MFAH-12	Multi-Family Affordable Housing Zone [Added 8-6-2002 by Ord. No. 2002-52]
MFAH-10	Multi-Family Affordable Housing - 10 Zone [Added 6-15-2004 by Ord. No. 2004-48]
MHP-AH	Mobile Home Park Zone Affordable Housing [Added 6-15-2004 by Ord. No. 2004-48]
RBCZ	Riparian Buffer Conservation Zone [Added 7-1-2008 by Ord. No. 2008-57]

[1] Editor's Note: The former RA-3/ROS Low-Density Rural Residential/Recreation Open Space Zone, added 8-19-2003 by Ord. No. 2003-106, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.

[2] Editor's Note: The SB Special Business Zone, which immediately followed this entry, was repealed 3-4-1997 by Ord. No. 97-15.

[3] Editor's Note: The former BPO Business Park - Office Zone, added 10-1-1996 by Ord. No. 96-59, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.

[4] Editor's Note: This ordinance also provided for the deletion of the I Industrial Zone and the I-O Industrial-Office Zone.

[5] Editor's Note: The former C Conservation Zone, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.

[6] Editor's Note: The former ML-OFF Office Complex Zone, which immediately followed this entry, was repealed 11-5-2007 by Ord. No. 2007-98.

§ 211-2 Zoning Map. [1]

[Amended 5-29-2001 by Ord. No. 2001-33; 11-12-2002 by Ord. No. 2002-92; 4-15-2003 by Ord. No. 2003-39; 8-19-2003 by Ord. No. 2003-105; 11-3-2003 by Ord. No. 2003-128; 6-15-2004 by Ord. No. 2004-47; 10-17-2006 by Ord. No. 2006-78; 12-18-2007 by Ord. No. 2007-107; 4-14-2008 by Ord. No. 2008-50; 8-5-2008 by Ord. No. 2008-89; 6-4-2012 by Ord. No. 2012-13; 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.

§ 211-3 Boundaries.

A. Zone boundaries are intended to follow streets, lot lines, hypothetical extensions of lot lines, property lines or other natural lines, such as center lines of watercourses, ditches or lagoons, unless such district or zone boundary is fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled and lands acquired by accretion or stream diversion by natural causes.

B. Where a zone boundary fixed by dimension on the Zoning Map approximately follows and is not more than 20 feet from a lot line, such lot line shall be construed to be the zone boundary.

C. In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing thereon.

D. Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.

E. Where a zoning lot is located in part in one zoning district and in part in another zoning district, the entire zoning lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon the determination by the Planning Board that the following standards and conditions are met:

(1) The use contemplated can be best established by utilizing the portion of the zoning lot in the neighboring zone district without materially affecting the adjoining areas.

(2) The site plan shall be appropriate to the adjoining area.

(3) A set of plans, specifications and plot plans shall be filed with the Planning Board, showing overall dimensions, existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.

F. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by the subsections above, the Board of Adjustment shall interpret the district boundaries.

§ 211-4 Prohibited uses.

[Amended 8-16-1988 by Ord. No. 88-65]

All uses not expressly permitted in this chapter are prohibited. Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.

§ 211-4.1 Additional prohibited uses.

[Added 5-11-2021 by Ord. No. 2021-10]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

CANNABIS

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.).

CANNABIS CULTIVATOR

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.

CANNABIS DELIVERY SERVICE

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.

CANNABIS DISTRIBUTOR

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.

CANNABIS MANUFACTURER

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.

CANNABIS RETAILER

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.

CANNABIS WHOLESALER

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.

§ 211-5 Existing lots of record.

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

§ 211-6 Nonconforming uses and structures of record.

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]

§ 211-7 Definitions.

A. The definitions set forth in Chapter 130, Land Use and Development, of the Stafford Township Code are hereby adopted by reference and incorporated herein.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, which defined certain terms, added 1-21-1992 by Ord. No. 92-06, as amended, was repealed 10-21-1997 by Ord. No. 97-85.

§ 211-8 Applicability of district regulations.

The following zoning district regulations shall apply in accordance with the zoning districts established by the Zoning Map:

A. The following zoning districts shall apply to those areas of land in Stafford Township located west of the Garden State Parkway:

[Amended 12-20-1988 by Ord. No. 88-94; 2-21-1989 by Ord. No. 89-19]

(1) Preservation Area Zone (PA).

(2) Forest Area Zone (FA).

(3) Pinelands Village Zone (PV).

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection A(4), Special Business Zone (SB), was repealed 3-4-1997 pursuant to Ord. No. 97-15.

(5) Neighborhood Commercial Zone (NC).

(6) Residential Zone (R-3).

(7) Residential Zone (R-4).

(8) Residential Zone (R-90).

(9) Business Park Redevelopment Plan (BP).

[Added 10-1-1996 by Ord. No. 96-59[2]; amended 11-5-2007 by Ord. No. 2007-98]

[2] Editor's Note: This ordinance also provided for the repeal of former Subsection A(9), Industrial Zone (I).

(10) Community Commercial Zone (CC).

[Added 5-3-1994 by Ord. No. 94-45[3]]

[3] Editor's Note: This ordinance also provided that Subsection A(10) through (14) be renumbered as A(11) through (15), respectively.

(11) Neighborhood Medical Commercial Zone (NMC).

(12) Highway Medical Commercial Zone (HMC).

(13) Recreation Open Space Zone (ROS).

(14) Preservation Zone (P).

(15) Special district zones:

(a) County Land Zone (CO).

(b) State Land Zone (S).

(16) (Reserved)[4]

[4] Former Subsection A(16), Business Park - Office Zone (BPO), added 10-1-1996 by Ord. No. 96-59, was removed pursuant to Ord. No. 2007-98, adopted 11-5-2007.

(17) Wellhead Protection Overlay Zone (WPO).

[Added 10-15-1996 by Ord. No. 96-55]

B. The following zoning districts shall apply to those areas of land in Stafford Township located east of the Garden State Parkway:

[Amended 12-20-1988 by Ord. No. 88-94; 12-20-1988 by Ord. No. 88-96; 8-1-1989 by Ord. No. 89-52; 7-3-1990 by Ord. No. 90-28; 5-3-1994 by Ord. No. 94-43; 10-15-1996 by Ord. No. 96-55; 8-19-2003 by Ord. No. 2003-106; 11-5-2007 by Ord. No. 2007-98]

(1) Marine Commercial Zone (MC).

(2) Rural Residential Zone (RA).

(3) Rural Residential Zone (RA-4).

(4) Rural Residential Zone (RA-5).

(5) Residential Zone (R-2).

(6) Residential Zone (R-3).

(7) Residential Zone (R-75).

(8) Residential Zone (RR-1).

(9) Residential Zone (RR-2).

(10) Planned Retirement Community Zone (R-3/PRC).

(11) Mixed Use Zone (MU).

(12) Local Business Zone (LB).

(13) Highway Commercial Zone (HC).

(14) Neighborhood Commercial Zone (NC).

(15) Cemetery (CM).

(16) Residential Zone (R-90).

(17) Preservation Zone (P).

(18) Special District Zone (publicly owned land):

(a) National Wildlife Refuge Zone (W).

(b) Municipal Land Use Zone (ML).

(c) School Zone (ML-SCH or RGL-SCH).

(d) Park Zone (ML-P).

(e) County Land Zone (CO).

(f) County Park Zone (C-P).

(19) Recreation Open Space Zone (ROS).

(20) Recreational Marine Commercial Zone (RMC).

(21) Rural Business Zone (RB).

(22) Residential Zone (RR-2A).

(23) Wellhead Protection Overlay Zone (WPO).

(24) Public Utility (PU).

§ 211-9 Pinelands Area development requirements.

A. Applicability. The provisions of this section shall apply only to the Pinelands Area of Stafford Township and shall be considered supplemental to the requirements of the balance of this chapter. No land within the Pinelands Area of Stafford Township, as defined herein, shall be disturbed unless all provisions of this chapter shall have been complied with. The requirements of this section shall not apply in those portions of the Township outside of the Pinelands Area.

B. Definitions.

(1) As used in this chapter, the following definitions shall apply throughout the Pinelands Area of the Township; provided, however, that, in the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.

(2) Pinelands Area definitions.

(a) The following definitions shall apply only to those portions of the Township of Stafford that are located within the Pinelands Area: accessory use or structure; agricultural commercial establishment; agricultural employee housing; agricultural or horticultural purpose or use; agricultural service establishment; application for development; artificial regeneration; bedding; broadcast scarification; camper; campsite; certificate of filing; clear cutting; Commission; Comprehensive Management Plan; contiguous lands; coppicing; disking; drum chopping; electric distribution lines; electric transmission lines; fish and wildlife management; forestry; forestry management plan; forest stand; group selection; habitat; height; historic resource; hydrophytes; immediate family; impermeable surface; impervious surface; individual selection; institutional use; interim rules and regulations; land; local communications facility; mobile home; natural regeneration; navigable waters; off-site commercial advertising sign; parcel; permeability; person; Pinelands; Pinelands Development Review Board; Pinelands native forest type; Pinelands Protection Act; Pinelands resource-related use; public service infrastructure; recommended management practice; recreational facility, intensive; recreational facility, low-intensive; Resource Management System Plan; resource extraction; root raking; seasonal high-water table; seed tree cut; shelterwood cut; sign; specimen tree; submerged land; structural alteration; thinning; utility distribution lines; vegetation; wetlands management; and wetland soils, which definitions shall have the meanings ascribed to them in the N.J.A.C. 7:50-2.11.

[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-78; 3-4-1997 by Ord. No. 97-17; 12-6-2011 by Ord. No. 2011-36]

(b) As used in this section, the following terms shall have the meanings indicated:

ABANDONMENT

The voluntary cessation or discontinuation of a use, not including temporary or short-term interruptions to a use during periods of remodeling, maintaining or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure. Cessation or discontinuation of a use for two or more years shall constitute prima facie evidence of abandonment. An applicant may rebut this presumption of abandonment by demonstrating, by a preponderance of the evidence, objective proof of intent to continue a use such that a reasonable person would believe that there was no intent to abandon said use.

[Added 9-2-2008 by Ord. No. 2008-88]

AFFORDABLE HOUSING

Housing which falls within the financial means of a household, guidelines being that a household will not have to spend more than 30% of its annual income for shelter or expend more than two times the amount of its annual income for the purpose of a home.

ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM

An individual or community on-site 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]

ANIMALS, THREATENED OR ENDANGERED

Those animals specified in N.J.A.C. 7:50-6.32.

APPROVAL AGENCY

Any board, body or other authority within the Township of Stafford with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.

APPROVING AUTHORITY

Any board, body or other authority within the Township of Stafford with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval. The term "approving authority" shall also include the term "approving agency."

ASSISTED LIVING FACILITY

A facility licensed by the New Jersey Department of Health and Senior Services pursuant to N.J.A.C. 8:36-1 et seq. which is designed and operated to provide apartment-style housing and congregate dining while assuring that a coordinated array of supportive personal and health services are available, as needed, to four or more adult persons unrelated to the proprietor. Each unit in an assisted living facility shall offer, at minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.

[Added 7-3-2001 by Ord. No. 2001-45]

CERTIFICATE OF FILING

A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

[Added 7-6-1993 by Ord. No. 93-46]

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A development regulated in accordance with the rules of the Department of Community Affairs pursuant to N.J.A.C. 5:19-1.1 et seq. which provides a continuum of accommodations and care, from independent living to assisted living to long-term bed care in a nursing facility, at the same or another location to an individual pursuant to an agreement effective for the life of the individual or for a period greater than one year.

[Added 7-3-2001 by Ord. No. 2001-45]

DENSITY

The average number of housing units per unit of land.

DEVELOPMENT

[Added 8-16-1988 by Ord. No. 88-65]

The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:

[1] A change in the type of use of a structure or land.

[2] A reconstruction, alteration of the size or material change in the external appearance of a structure or land.

[3] A material increase in the intensity of the use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.

[4] Commencement of resource extraction or drilling or excavation on a parcel of land.

[5] Demolition of a structure or removal of trees.

[6] Commencement of forestry activities

[7] Deposit of refuse, solid or liquid waste or fill on a parcel of land.

[8] In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.

[9] Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

DEVELOPMENT APPROVAL

Any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include the issuance of a construction permit or subdivision or site plan approval.

DEVELOPMENT, MAJOR

Any division or subdivision of land into five or more parcels; any construction or expansion of any housing development of five or more units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of any area in excess of 5,000 square feet for other than agricultural or horticultural purposes.

DEVELOPMENT, MINOR

Any development other than a major development, except those items listed in Subsection C(2).

DWELLING

Any structure or portion thereof which is designed or used for residential purposes.

INSTITUTIONAL USE

Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities nor shall it include assisted living facilities.

[Added 7-3-2001 by Ord. No. 2001-45]

LOW-INCOME HOUSEHOLD

A household earning less than 50% of median income.

MEDIAN INCOME

The median household income, adjusted for the number of persons in the household, as determined from time to time by the United States Department of Housing and Urban Development to be the median.

MODERATE-INCOME HOUSEHOLD

A household earning no less than 50% and no more than 80% of median income.

NOTICE OF FILING

A notice issued by the Pinelands Commission that a duplicate copy of an application for development has been submitted to the Commission, pursuant to the application procedures set forth in § 211-9E(2) through (4). Said notice shall identify inconsistencies of the proposed development, if any, with the standards of the Pinelands Comprehensive Management Plan.

[Added 7-6-1993 by Ord. No. 93-46; amended 4-2-1996 by Ord. No. 96-33]

PINELANDS ADMINISTRATIVE OFFICER

The Zoning Officer for purposes of the application procedures set forth in § 211-9E(2).

[Added 7-6-1993 by Ord. No. 93-46]

PINELANDS AREA

The area designated in Subsection A of Section 10 of the Pinelands Protection Act.

[1]

PLANTS, THREATENED OR ENDANGERED

A Pinelands plant species whose survival, worldwide, nationwide or in the state, is in jeopardy.

[Amended 8-16-1988 by Ord. No. 88-65]

PRESERVATION AREA or PINELANDS PRESERVATION AREA

The area designated in Subsection B of Section 10 of the Pinelands Protection Act[2] and shown on the Pinelands Area Master Plan Map of Stafford Township.

PROTECTION AREA or PINELANDS PROTECTION AREA

All lands located in the Pinelands Area which are not within the Preservation Area.

[Amended 12-20-1988 by Ord. No. 88-96]

SOLAR ENERGY FACILITY

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]

SUBDIVISION

The division of a parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this plan, if no development occurs or is proposed in connection therewith: 1) Divisions of property by testamentary or intestate provisions; 2) Divisions of property upon court order; and 3) Conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."

[Added 9-2-2008 by Ord. No. 2008-88]

WETLANDS

The meaning ascribed to the word in N.J.A.C. 7:50-6.3 through 7:50-6.5.

[Amended 8-16-1988 by Ord. No. 88-65]

WETLANDS, COASTAL

The meaning ascribed to the word in N.J.A.C. 7:50-6.4.

WETLANDS, INLAND

The meaning ascribed to the word in N.J.A.C. 7:50-6.5.

[1] Editor's Note: See N.J.S.A. 13:18A-11a.

[2] Editor's Note: See N.J.S.A. 13:18A-11b.

C. General provisions and requirements for development in the Stafford Township Pinelands Area. All development in the Township of Stafford located in the Pinelands Area shall comply with the goals, objectives and policies of the Pinelands Comprehensive Management Plan and the provisions of this section.

(1) Existing uses and nonconforming uses. Notwithstanding the use restrictions contained in §§ 211-10 through 211-34, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Subsection G, may be expanded or altered, provided that:

[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-1997 by Ord. No. 97-17]

(a) The use was not abandoned or terminated subsequent to January 14, 1981.

(b) The expansion or alteration of the use is in accordance with all of the minimum standards of Subsection G.

(c) The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

(2) Cultural housing. Residential dwellings on lots of 3.2 acres may be permitted in the PA and FA Zones, provided that:

[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-17]

(a) The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

(b) The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.

(c) The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

(d) The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years, and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

(3) Substandard lots. Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in the Forest Area Zone or Pinelands Village Zone shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

[Amended 12-20-1988 by Ord. No. 88-96; 11-24-1992 by Ord. No. 92-77; 3-4-1997 by Ord. No. 97-17]

(a) The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

(b) The parcel has been in the continuous ownership of the applicant, a member of his immediate family or a partnership or corporation made up of members of a qualifying immediate family who collectively own more than a majority interest in such partnership or corporation since February 7, 1979.

(c) The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains any substantial improvements.

(d) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

(4) Height limitations.

[Amended 8-16-1988 by Ord. No. 88-65[3]; 12-20-1988 by Ord. No. 88-96; 3-4-1997 by Ord. No. 97-17]

(a) No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in the following subsection.

(b) The height limitation in Subsection C(4)(a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conforming with the standards of Subsection G(9): antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use; silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures; windmills, smokestacks, derricks, conveyors, flag poles and masts; or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.

(c) The height limitation in Subsection C(4)(a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

[3] Editor's Note: This ordinance also provided for the deletion of former Subsection C(5), which immediately followed Subsection C(4)(b), and provided for the renumbering of the remaining subsections in Subsection C.

(5) Environmental Commission review. Where an Environmental Commission exists, the Planning Board or Board of Adjustment, as the case may be, must transmit for the Environmental Commission's review and comment any application for development in the Pinelands Area.

(6) Variance applications.

[Amended 2-21-1989 by Ord. No. 89-19; 10-2-1990 by Ord. No. 90-55; 9-6-1994 by Ord. No. 94-86; 3-4-1997 by Ord. No. 97-17; 7-3-2001 by Ord. No. 2001-45]

(a) In the case of variance applications in the Pinelands Area of the Township, variances granted, which constitute a waiver of requirements, standards or criteria contained in the Pinelands Comprehensive Management Plan, shall be conditioned upon the review and, where appropriate, action by the Pinelands Commission.

(b) Any residential development in the R-3, R-4, R-90, P, NC, NMC or BP Zones which is approved by variance at a density which exceeds the maximum permitted in that zone shall require that Pinelands development credits be used for all dwelling units which exceed the maximum otherwise permitted.

(c) Any municipal variance or other approval for the development of a residential use in the BP, CC, HMC, S, CO or ROS Zones shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

(d) Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the R-3, R-4, P or R-90 Zones shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 9-2-2008 by Ord. No. 2008-88]

(e) Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 211-12B for a residential or principal nonresidential use in the PV Zones shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

(f) In the case of a "d" variance application before the Board of Adjustment under N.J.S.A. 40:55D-70, the Board of Adjustment shall require that the applicant produce a certificate of filing prior to deeming the application complete for purposes of a hearing before the Board of Adjustment on the "d" variance application.

(7) Development approval required. No person shall carry out any development, as defined in this section, within the Pinelands Area, and no building permit shall be issued without first obtaining all development approvals in accordance with the procedures set forth in this chapter.

D. Procedure requirements for development approval in the Stafford Township Pinelands Area.

(1) Applicability of Pinelands review procedures.

[Amended 8-16-1988 by Ord. No. 88-65]

(a) Except as provided in Subsection D(1)(b) below, the following shall not be subject to the procedures set forth in this section:

[1] The improvement, expansion or reconstruction, within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto.

[2] The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.

[3] The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.

[4] The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.

[5] The repair of existing utility distribution lines.

[Amended 3-4-1997 by Ord. No. 97-17]

[6] The clearing of less than 1,500 square feet of land.

[7] The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:

[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]

(l) When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.

(2) The following applications for development shall be submitted directly to the Pinelands Administrative Officer rather than to the Pinelands Commission:

[Added 7-6-1993 by Ord. No. 93-46; amended 4-2-1996 by Ord. No. 96-33]

(a) Applications for the development of an individual single-family dwelling on an existing lot.

(b) Applications for minor site plan approval involving development in the R-3, R-4, R-90, NC, CC, NMC, HMC, ROS, P, I or I-O Districts that will be served by sanitary sewers.

(3) After determining any application submitted pursuant to Subsection E(2)(a) above, or any modification thereof, to be complete, the Pinelands Administrative Officer shall submit a duplicate copy of the application to the Pinelands Commission, together with a statement that the application has been deemed complete. Upon receiving a notice of filing from the Pinelands Commission, the Pinelands Administrative Officer shall determine whether the proposed development complies with the standards set forth in § 211-9G and the relevant requirements set forth in §§ 211-10 through 211-34, and shall thereafter act on the application accordingly.

[Added 4-2-1996 by Ord. No. 96-33]

(4) For minor site plan applications that are to be submitted pursuant to Subsection E(2)(b) above, a preapplication conference shall be held in accordance with § 130-30A. Upon completion of said preapplication conference and the receipt of a complete application for minor site plan approval, the Pinelands Administrative Officer shall submit a duplicate copy of the application to the Pinelands Commission, together with a statement that the application has been deemed complete. Upon receiving a notice of filing from the Pinelands Commission, the Pinelands Administrative Officer shall forward a copy of the application, together with a copy of the notice of filing and a recommendation as to whether the proposed development complies with the standards set forth in § 211-9G and the relevant requirements set forth in §§ 211-10 through 211-34, to the Planning Board for action in accordance with § 130-47.

[Added 4-2-1996 by Ord. No. 96-33]

(5) Any permits or approvals issued by any approval agency shall be submitted to the Pinelands Commission for review pursuant to the provisions of § 211-9D.

[Added 4-2-1996 by Ord. No. 96-33]

(6) Should the position of the Pinelands Administrative Officer become vacant for any reason, the application procedures set forth in this subsection shall be of no force or effect and the procedures set forth in Subsection E(1) above shall apply until the position has been filled.

[Added 4-2-1996 by Ord. No. 96-33]

F. Application requirements for other development.

[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-77]

(1) Any application for approval of major development, except for forestry resource-extraction operations, shall contain the following information in addition to that required by Chapter 130, §§ 130-91 and 130-93, and the fees required by Chapter 130, § 130-95:

[Amended 12-10-1988 by Ord. No. 88-96]

(a) The applicant's name and address and his interest in the subject property.

(b) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

(c) The legal description, including block and lot designation and street address, if any, of the subject property.

(d) A description of all existing uses of the subject property.

(e) A brief written statement generally describing the proposed development, the number of total units and the floor area of all units to be included in the proposed development.

[Amended 3-4-1997 by Ord. No. 97-17]

(f) A written statement addressing each of the standards or guidelines set forth in § 211-9G and stating specifically how the proposed development meets each such standard or guideline.

[Amended 2-21-1989 by Ord. No. 89-19]

(g) A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed wastewater treatment facilities:

[1] Sanitary sewer distribution: the location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities.

[2] On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal.

[3] Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered and estimating the seasonal high-water table.

[4] The proposed hours and days of operation and number of employees of any nonresidential facility.

(h) A project site base map, at a scale of no less than one inch to 200 feet, and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

(i) A soils map, including a county soils survey in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map.

(j) A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals.

(k) A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in the plan. This map should be prepared prior to any engineering, site layout or design work.

(l) A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution: the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development and the tree line before and after development.

(m) A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high-water table.

(n) Legal instruments evidencing the applicant's right, title or interest in any Pinelands development credits and any existing or proposed deed restrictions or easements relating to the subject parcel.

(o) A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils.

(p) All public service infrastructure agreements or other documentation evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure.

(q) The cultural resources survey described in Subsection G(14).

(r) A list of all permits required for the proposed development from county, municipal, state and federal agencies.

(s) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:5-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

(t) When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.

(2) Any application for approval of forestry operations shall be subject to the requirements of Subsection G(5)(a).

(3) Any application for approval of resource-extraction operations shall be subject to the requirements of Subsection G(7)(a).

[Amended 2-21-1989 by Ord. No. 89-19]

G. Supplemental Pinelands Area design and development standards and management programs.

(1) No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this section. These standards shall be deemed supplemental to the normal standards and requirements of this chapter applicable to all development. In the case of conflict with other standards of this chapter, the design and development standards and management programs contained in this section shall supersede all other requirements and standards.

(2) Wetlands.

(a) Uses. No development shall be permitted in a wetland or wetlands transition area except for the following uses:

[Amended 11-24-1992 by Ord. No. 92-77]

[1] Horticulture of native Pinelands species.

[2] Berry agriculture.

[3] [6]Forestry.

[6] Editor’s Note: Former Subsection G(2)(a)[3], beekeeping, was repealed 8-22-2023 by Ord. No. 2023-26. This ordinance also renumbered former Subsection G(2)(a)[4] through Subsection G(2)(a)[9] as Subsection G(2)(a)[3] through Subsection G(2)(a)[8], respectively.

[4] 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]

[5] 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]

[6] 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.

[7] Commercial or public docks, piers, moorings and boat launches, provided that:

[a] There is a demonstrated need for the facility that cannot be met by existing facilities.

[b] The development conforms to all state and federal regulations.

[c] The development will not result in a significant adverse impact as set forth in Subsection G(2)(b) hereof.

[8] Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:

[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77]

[a] There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

[b] The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

[c] The use represents a need which overrides the importance of protecting the wetland;

[d] Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

[e] The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

(b) Performance standards.

[1] No development, except for those uses which are specifically authorized in Subsection G(2)(a)[1] through [4], shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.

[2] A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals.

[Amended 10-18-1988 by Ord. No. 88-78]

[3] Determinations under Subsection G(2)(b)[2] above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

[Added 8-16-1988 by Ord. No. 88-65]

(3) Vegetation, clearing and landscaping.

[Amended 8-16-1988 by Ord. No. 88-65; 9-20-1994 by Ord. No. 94-88; 3-4-1997 by Ord. No. 97-17]

(a) All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

(b) Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

[1] Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.

[2] Revegetate or landscape areas temporarily cleared or disturbed during development activities.

(c) All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection G(3)(d) below.

(d) In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection G(3)(c) above or required pursuant to Article X of Chapter 130 shall incorporate the following elements:

[1] The limits of clearing shall be identified;

[2] Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.

[3] Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.

[4] Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[a] When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[b] For limited ornamental purposes around buildings and other structures; or

[c] When limited use of other shrubs or tree species is required for proper screening or buffering.

(e) In all instances, no development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

(4) Fish and wildlife.

(a) No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

[Amended 8-16-1988 by Ord. No. 88-65]

(b) All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

(5) Forestry.

[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-1997 by Ord. No. 97-17]

(a) Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

[1] Normal and customary-forestry practices on residentially improved parcels of land that are five acres or less in size.

[2] Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

[3] Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.

[4] Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

[5] Prescribed burning and the clearing and maintaining of firebreaks.

(b) Forestry application requirements. The information in Subsection G(5)(b)[1] or [2] below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[1] For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey forest stewardship plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

[2] For all other forestry applications:

[a] The applicant's name and address and his interest in the subject parcel;

[b] The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

[c] The description, including block and lot designation and street address, if any, of the subject parcel;

[d] A description of all existing uses of the subject parcel;

[e] A brief written statement generally describing the proposed forestry operation;

[f] A USGS quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

[g] A forestry management plan that includes, as appropriate:

[i] A cover page for the plan containing:

[A] The name, mailing address and telephone number of the owner of the subject parcel;

[B] The municipality and county in which the subject parcel is located;

[C] The block and lot designation and street address, if any, of the subject parcel;

[D] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[E] The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

[ii] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

[iii] A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

[A] The number of acres;

[B] The general condition and quality of each stand;

[C] The overall site quality, relative to the management goals and objectives identified in Subsection G(5)(b)[2][g][ii] above;

[D] An inventory and map of Pinelands native forest types with native forest types broken into "stands," including information on type, size and volume by species;

[E] The age of representative trees;

[F] The species composition, including overstory, understory, ground layer structure and composition;

[G] The stand cohort composition;

[H] The percent cover;

[I] The basal area;

[J] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[K] The condition and species composition of advanced regeneration when applicable;

[L] A stocking table showing the stocking levels, growth rates and volume;

[M] Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;

[N] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

	{1}	Stand improvement practices;
	{2}	Site preparation practices;
	{3}	Harvesting practices;
	{4}	Regeneration and reforestation practices;
	{5}	Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
	{6}	Herbicide treatments;
	{7}	Silvicultural treatment alternatives;
	{8}	If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
	{9}	Implementation instructions; and
	{10}	Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

[O] A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

[iv] A map of the entire parcel which includes the following:

[A] The owner's name, address and the date the map was prepared;

[B] An arrow designating the north direction;

[C] A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[D] The location of all property lines;

[E] A delineation of the physical features such as roads, streams and structures;

[F] The identification of soil types (a separate map may be used for this purpose);

[G] A map inset showing the location of the parcel in relation to the local area;

[H] Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[I] A legend defining the symbols appearing on the map.

[h] A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel, and a detailed description by the applicant of the measures proposed to meet the standards set forth in § 211-9G(3)(e) and (4)(a);

[i] A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur, and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 211-9G(14);

[j] A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection G(5)(c)[9][b] below;

[k] A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

[l] Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection G(5)(c) below;

[m] A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

[n] When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Subsection D(6) above.

(c) Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[1] All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

[2] Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

[3] The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:

[a] Clear-cutting cedar and managing slash;

[b] Controlling competition by other plant species;

[c] Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

[d] Utilizing existing streams as cutting boundaries, where practical;

[e] Harvesting during dry periods or when the ground is frozen; and

[f] Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

[4] All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 211-9G(3)(e) and (4)(a). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

[5] All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

[6] All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 211-9G(14);

[7] A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;

[8] Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

[a] Minimize changes to surface water and groundwater hydrology;

[b] Minimize changes to temperature and other existing surface water quality and conditions;

[c] Prevent unnecessary soil erosion, siltation and sedimentation; and

[d] Minimize unnecessary disturbances to aquatic and forest habitats.

[9] The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

[a] In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;

[b] Herbicide treatments shall be permitted, provided that:

[i] The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection G(b)[2][j] above;

[ii] Control of competitive plant species is clearly necessary;

[iii] Control of competitive plant species by other, nonchemical means is not practical;

[iv] All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and

[v] In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;

[c] Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;

[d] Disking shall be permitted, provided that:

[i] It shall not be permitted in pine plains native forest types;

[ii] Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

[A] Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

[B] Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.

[iii] It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[iv] It shall follow land contours when slopes are discernible;

[e] Root raking shall be permitted, provided that:

[i] It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;

[ii] When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[iii] Root raking debris shall not be piled in wetlands;

[f] Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and

[g] Drum chopping shall be permitted, provided that:

[i] It shall not be permitted in pine plains native forest types except to create road shoulder fuel breaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

[ii] It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[iii] It shall adhere to the following procedures:

[A] No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

[B] Drums shall remain unfilled when used during the dormant season;

[C] Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

[D] Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

[E] Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.

[10] The following standards shall apply to silvicultural practices for harvesting:

[a] Clear-cutting shall be permitted, provided that:

[i] It shall not be permitted in pine plains native forest types;

[ii] It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

[iii] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

[iv] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[v] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and

[vi] The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;

[b] Coppicing shall be permitted in all Pinelands native forest types, provided that:

[i] It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[ii] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

[iii] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[iv] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and

[v] The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used;

[c] Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:

[i] It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

[ii] A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

[iii] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

[iv] Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;

[v] The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used;

[vi] Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and

[vii] Residual seed trees shall be distributed evenly throughout the parcel; and

[d] Shelter wood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.

[11] The following standards shall apply to silvicultural practices for forest regeneration:

[a] Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection G(5)(c)[11][b] below; and

[b] Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:

[i] The use of non-native cuttings, seedlings or seeds shall not be permitted;

[ii] The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

[iii] Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

[iv] When used in Pine Plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

[12] Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

[13] Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

[14] A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

(d) Forestry permit procedures.

[1] Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

[2] Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

[3] Within 45 days of determining an application to be complete pursuant to Subsection G(5)(d)[2] above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection G(5)(c) above or disapprove any application which does not meet the requirements of Subsection G(5)(c) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

[4] Upon receipt of a notice of disapproval pursuant to Subsection G(5)(d)[3] above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection G(5)(c) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection G(5)(d)[3] above.

[5] Failure of the Zoning Officer to act within the time period prescribed in Subsections G(5)(d)[3] and [4] above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

[6] In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 211-9D(3) through D(8).

[7] Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

(e) Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

(f) Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

(6) Management practices for agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

(7) Resource extraction. Resource extraction in the Preservation Area and Forest Area Zones is limited pursuant to N.J.A.C. 7:50-6, Part VI.

[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-17]

(a) Any application filed for approval of resource-extraction operations in the Pinelands shall include at least the following information:

[1] The applicant's name and address and his interest in the subject property.

[2] The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

[3] The legal description, including block and lot designation and street address, if any, of the subject property.

[4] A description of all existing uses of the subject property.

[5] A brief written statement generally describing the proposed development.

[6] A United States Geological Survey quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown.

[7] A topographic map, at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.

[8] The location, size and intended use of all buildings.

[9] The location of all points of ingress and egress.

[10] A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.

[11] The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.

[12] A soils map.

[13] A reclamation plan which includes:

[a] The method of stockpiling topsoil and overburden.

[b] The proposed grading and final elevations.

[c] The topsoil material application and preparation.

[d] The type, quantity and age of vegetation to be used.

[e] The fertilizer application, including method and rates.

[f] The planting method and schedules.

[g] The maintenance requirements schedule.

[14] A signed acknowledgment from both the owner and the applicant that they are responsible for any resource-extraction activities which are contrary to any provision of this chapter or of the approved resource-extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.

[15] A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 7:50-6.69, in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.

[16] A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

[17] When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.

(b) Resource-extraction operations shall be approved only if the applicant can demonstrate that the proposed operation complies with N.J.A.C. 7:50-6.68.

(c) All parcels of land which are used for resource extraction operations shall be restored in accordance with N.J.A.C. 7:50-6.69.

(d) Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this subsection shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.

(8) Water quality. All development within the Pinelands Area shall conform to the following water quality standards:

(a) All development permitted under this section shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for the purposes of this subsection.

[1] Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

[Amended 8-16-1988 by Ord. No. 88-65]

[2] No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.

(b) The following point and nonpoint sources may be developed and operated in the Pinelands:

[Amended 8-16-1988 by Ord. No. 88-65]

[1] Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection G(8)(b)[2] through [6] below, provided that:

[Amended 3-4-1997 by Ord. No. 97-17]

[a] There will be no direct discharge into any surface water body.

[b] All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.

[c] All public wastewater treatment facilities are designed to accept and treat septage.

[d] All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

[2] Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection G(8)(b)[1][b] above, provided that:

[Amended 10-18-1988 by Ord. No. 88-78]

[a] There will be no direct discharge into any surface water body.

[b] The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.

[c] Adherence to Subsection G(8)(b)[1][b] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.

[Amended 3-4-1997 by Ord. No. 97-17]

[d] The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

[Amended 3-4-1997 by Ord. No. 97-17]

[3] Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

[a] There is no practical alternative available that would adhere to the standards of Subsection G(8)(b)[1][a] above.

[Amended 3-4-1997 by Ord. No. 97-17]

[b] There is no increase in the existing approved capacity of the facility.

[c] All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

[4] Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Amended 10-18-1988 by Ord. No. 88-78; 3-4-1997 by Ord. No. 97-15; 3-4-1997 by Ord. No. 97-17]

[a] The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.

[b] The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection G(8)(b)[4][c] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to § 211-10M or 211-11A(12)(h).

[c] Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.

[d] The depth to seasonal high water table is at least five feet.

[e] Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.

[f] The system will be maintained and inspected in accordance with the requirements of Subsection G(8)(c)[1] below.

[g] The technology has been approved for use by the New Jersey Department of Environmental Protection.

[h] Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses.

[5] Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Added 3-4-1997 by Ord. No. 97-17[7]]

[a] The standards set forth in Subsection G(8)(b)[4][a] and [c] through [h] above are met.

[b] If the proposed development is nonresidential, it is located:

[Amended 12-11-2018 by Ord. No. 2018-28]

[i] In a Pinelands Regional Growth Area or Pinelands Village; or

[ii] In the Pinelands Forest Area, subject to the standards of N.J.A.C. 7:50-6. 84(a)5iii(2).

[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).

[7] 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 the requirements of § 130-76.1 are met.

[Amended 10-17-1995 by Ord. No. 95-96; 8-22-2023 by Ord. No. 2023-24]

[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[8]]

[8] 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.[9]

[9] 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[10]]

[10] 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:

[a] Existing lawful off-site commercial advertising signs in existence as of January 14, 1981, shall be permitted in the R-3, R-90, R-4, P, ROS, BP, BP, CC, NC, NMC and HMC Zones.

[b] Signs advertising agricultural commercial establishments shall be permitted, provided that:

[i] No more than two signs shall be placed in any one direction along each road directly approaching the establishment.

[ii] No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

[4] Any existing sign which does not conform to Subsection G(10)(a)[1], [2] and [3] above shall not be permitted to continue beyond December 5, 1996, unless the Pinelands Commission has approved a waiver of strict compliance authorizing an extension of this date for any particular sign.

[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)

[g] Temporary on- and off-site signs as permitted by § 211-35 or other applicable provision of the Code.

(11) Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate-, high- or extreme-hazard under the Fire Hazard Classification set out in N.J.A.C. 7:50-6.123 unless such development complies with the following standards:

[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-78]

(a) All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

(b) All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(c) The right-of-way of all roads will be maintained so that it provides an effective firebreak.

(d) A fire-hazard fuel break will be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

[1] In moderate-fire-hazard areas, a fuel break of 30 feet, measured outward from the structure, in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] All dead plant material is removed.

[2] In high-fire-hazard areas, a fuel break of 75 feet, measured outward from the structure, in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] All dead plant material is removed.

[3] In extreme-high-hazard areas, a fuel break of 100 feet, measured outward from the structure, in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

[b] No pine tree (Pinus genus) is closer than 25 feet to another pine tree.

[c] All dead plant material is removed.

(e) All structures will meet the following specifications:

[1] Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos-cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated weed shingles or shake-type roofs are prohibited in high- or extreme-fire-hazard areas.

[2] All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3] Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.

[4] Flat roofs are prohibited in areas where vegetation is higher than the roof.

[5] Any openings in the roof, attic and floor shall be screened.

(f) All residential development of 100 dwelling units or more in high- or extreme-high-hazard areas will have a two-hundred-foot-perimeter fuel break between all structures and the forest, in which:

[1] Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.

[2] All dead plant material is removed.

[3] Roads, rights-of-way, wetlands and waste disposal sites shall be used as firebreaks to the maximum extent practical.

[4] There is a specific program for maintenance.

(12) Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1-3 and with the New Jersey Department of Environmental Protection's publication Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities.

[Amended 8-16-1988 by Ord. No. 88-65]

(13) Location of utilities. New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except that those lines which are located on or adjacent to active agricultural operations, aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation in accordance with Subsection G(3). All electric transmission lines shall be located on existing towers and underground to the maximum extent practical.

[Amended 8-16-1988 by Ord. No. 88-65; 12-20-1988 by Ord. No. 88-96]

(14) Historic resource preservation.

[Amended 8-16-1988 by Ord. No. 88-65]

(a) The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection G(14)(e)[2] below.

(b) Authority to issue certificates of appropriateness.

[1] The Planning Board shall issue all certificates of appropriateness except as specified in Subsection C(14)(b)[2] below.

[2] The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

(c) Certificates of appropriateness shall be required for the following:

[1] Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.

[2] Development not otherwise exempted from review pursuant to Subsection D(1) of this chapter where a significant resource has been identified pursuant to Subsection G(14)(e) below.

(d) Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

(e) A cultural resource survey shall accompany all applications for development in the PV Zone and all applications for major development within the Pinelands Area in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing, as necessary, to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

[Amended 3-4-1997 by Ord. No. 97-17]

[1] This requirement for a survey may be waived by the local approval agency if:

[a] There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[b] The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more-comprehensive understanding of Pinelands culture; or

[c] The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection G(14)(e)[2] below.

[2] A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

[a] The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.

[b] The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.

[c] The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction.

[d] The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

(f) The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.

(g) The effect of the issuance of a certificate of appropriateness is as follows:

[1] All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in Subsection G(14)(g)[2] below.

[2] A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection G(14)(e) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this N.J.A.C. 7:50-6.154 through 7:50-6.157 shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

[Amended 3-4-1997 by Ord. No. 97-17]

(h) The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

[1] A narrative description of the resource and its cultural environment.

[2] Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.

[3] A site plan depicting, in correct scale, the location of all buildings, structures and engineering resources.

[4] A New Jersey state inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

(i) If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).

(15) No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

[Amended 3-4-1997 by Ord. No. 97-17]

(16) Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include the southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.

(17) Air quality.

[Amended 8-16-1988 by Ord. No. 88-65]

(a) All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

[Amended 3-4-1997 by Ord. No. 97-17]

(b) Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

[1] Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the NC, NMC, HMC, P, R-4, R-90 and CC Zones.

[Amended 2-21-1989 by Ord. No. 89-19; 7-20-1993 by Ord. No. 93-52; 9-20-1994 by Ord. No. 94-88; 9-2-2008 by Ord. No. 2008-88]

[2] Residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PA, FA and PV Zones.

[Amended 3-4-1997 by Ord. No. 97-15]

§ 211-10 Forest Area Zone (FA).

In the Forest Area Zone (FA), the following are permitted uses:

A. Residential dwellings on lots of 3.2 acres, in accordance with § 211-9C(2), or on lots of one acre in accordance with § 211-9C(4).

[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77]

B. Single-family residential dwelling units in accordance with the following, provided that clustering of the permitted dwellings shall be required in accordance with § 211-10S below whenever two or more units are proposed as part of a residential development:

[Amended 12-6-2011 by Ord. No. 2011-36]

(1) The minimum lot area shall be 17.0 acres.

(2) The minimum lot width shall be 200 feet.

(3) The minimum front yard setback shall be 200 feet.

(4) The minimum rear yard setback shall be 50 feet.

(5) The minimum side yard setback shall be 25 feet.

(6) The minimum accessory use setback shall be 25 feet.

C. Agriculture.

D. Agricultural employee housing as an element of and accessory to an active agricultural operation.

E. Forestry.

F. Low-intensity recreational uses, provided that:

(1) The parcel proposed for low-intensity recreational use has an area of at least 50 acres.

(2) The recreational use does not involve the use of motorized vehicles except for necessary transportation.

(3) Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.

(4) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(5) No more than 1% of the parcel will be covered by impervious surfaces.

[Amended 12-6-2011 by Ord. No. 2011-36]

G. Institutional uses, including cemeteries, provided that:

(1) The use does not require or will not generate subsidiary or satellite development in the Forest Area.

(2) The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.

(3) The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.

H. Pinelands resources-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:

[Amended 3-4-1997 by Ord. No. 97-17]

(1) The parcel proposed for development has an area of at least five acres.

(2) The principal raw materials for the proposed use are found or produced in the Pinelands.

(3) The use does not require or will not generate subsidiary or satellite development in the Forest Area.

I. Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.

[Amended 3-4-1997 by Ord. No. 97-17]

J. Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:

[Amended 8-16-1988 by Ord. No. 88-65]

(1) The principal goods or products available for sale were produced in Pinelands.

(2) The sales area of the establishment does not exceed 5,000 square feet.

K. Roadside retail sales and service establishments, provided that:

(1) The parcel proposed for development has roadway frontage of at least 50 feet.

(2) No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979.

(3) The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.

L. Fish and wildlife management and wetlands management.

[Amended 12-6-2011 by Ord. No. 2011-36]

M. Detached single-family dwellings on lots of at least one acre in size existing as of January 14, 1981, provided that:

[Amended 11-24-1992 by Ord. No. 92-77; 12-6-2011 by Ord. No. 2011-36]

(1) The owner of the lot to be developed acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 17 acres.

(2) All lands acquired pursuant to Subsection M(1) above, which may or may not be developable, are located in the FA Zone.

(3) All noncontiguous lands acquired pursuant to Subsection M(1) above shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 211. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

(4) The tax assessments for the acquired noncontiguous lands shall be combined and assigned to the land to be developed.

(5) The lot proposed for development otherwise meets the minimum standards of § 211-9 of this chapter.

N. Notwithstanding any other provision of this chapter, the owner of a parcel of land of an acre or more in the Forest Area District shall be exempt from the density limitations of this chapter, provided that:

[Amended 3-4-1997 by Ord. No. 97-17]

(1) The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

(2) The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

(3) The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.

(4) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

O. Signs.

P. Accessory uses.

Q. Minimum lot areas for nonresidential structure shall be determined by application of the standards contained in § 211-9G(8)(b)[4], whether or not the lot is to be served by a centralized sewer treatment or collection system. No nonresidential structure shall be located on a parcel of less than one acre in size.[1]

[Added 10-18-1988 by Ord. No. 88-78; amended 3-4-1997 by Ord. No. 97-17]

[1] Editor's Note: Former Subsection R, which listed single-family in cluster developments and immediately followed this subsection, added 1-16-1990 by Ord. No. 90-06, as amended, was repealed 8-5-1997 by Ord. No. 97-59.

R. Single-family detached dwellings which are not clustered in accordance with § 211-10S below may be permitted as a conditional use, provided that:

[Added 12-6-2011 by Ord. No. 2011-36]

(1) The Planning Board finds that:

(a) Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

(b) Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development.

(2) Minimum lot size requirement: 17 acres.

S. Clustered single-family dwelling units in accordance with the following requirements:

[Added 12-6-2011 by Ord. No. 2011-36]

(1) Permitted density: one unit per 17 acres.

(2) The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection S(1) above, with a bonus applied as follows:

(a) For parcels under 50 acres in size: zero bonus units.

(b) For parcels between 50 and 99.99 acres in size: 20% bonus.

(c) For parcels between 100 and 149.99 acres: 25% bonus.

(d) For parcels of 150 acres or more in size: 30% bonus.

(3) The residential cluster shall be located on the parcel such that the development area:

(a) Is located proximate to existing roads;

(b) Is located proximate to existing developed sites on adjacent or nearby parcels;

(c) Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

(d) Conforms with the minimum environmental standards of N.J.A.C. 7:50-6.

(4) Development within the residential cluster shall be designed as follows:

(a) Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

(b) The minimum yard and building requirements specified in § 211-12B for the Pinelands Village (PV) Zone shall apply;

(c) Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 211-9G(8)(b)[4] may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 211-9G(8)(b)[5] or [7] shall also be permitted;

(d) The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

(e) Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(5) The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Stafford Township or incorporated as part of one of the lots within the cluster development area.

(a) All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Stafford Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and

(b) The deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 211.

§ 211-11 Preservation Area Zone (PA).

The following shall apply to the Preservation Area Zone (PA):

A. Permitted uses shall be as follows:

(1) Residential dwellings on lots of 3.2 acres, in accordance with § 211-9C(2), or on lots of one acre, in accordance with § 211-9C(4).

[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-77; 11-24-1992 by Ord. No. 92-77]

(2) Agricultural employee housing as an element of and accessory to an active agricultural operation.

(3) Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.

(4) Forestry.

(5) [1]Fish and wildlife management and wetlands management.

[Amended 12-6-2011 by Ord. No. 2011-36]

[1] Editor’s Note: Former Subsection A(5), beekeeping, was repealed 8-22-2023 by Ord. No. 2023-26. This ordinance also renumbered former Subsection A(6) through A(13) as Subsection A(5) through A(12), respectively.

(6) 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]

(7) 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]

(8) Signs.

(9) Accessory uses.

(10) 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]

(11) 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; 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; 8-22-2023 by Ord. No. 2023-26]

(i) Pinelands development credits shall be used in the following manner:

[Added 11-24-1992 by Ord. No. 92-77]

[1] To permit development of parcels of land in the P, R-4 and R-90 Zones according to the density and lot area requirements set forth in §§ 211-19G, 211-20H and 211-21G of this chapter.

[Amended 9-2-2008 by Ord. No. 2008-88]

[2] When a variance of density or minimum lot area requirements for the P, NC, NMC, R-3, R-4 or R-90 Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

[Amended 3-4-1997 by Ord. No. 97-17]

[3] When a variance or other approval for a nonresidential use not otherwise permitted in the P, R-4 or R-90 Zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 7-3-2001 by Ord. No. 2001-45; 9-2-2008 by Ord. No. 2008-88]

[4] When a variance or other approval for a residential use in the BP, S, CO, CC, HMC or ROS Zones is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 7-20-1993 by Ord. No. 93-52; 9-20-1994 by Ord. No. 94-88; 7-3-2001 by Ord. No. 2001-45]

[5] When a variance for cultural housing is granted by the Township in accordance with § 211-9C(4) of this chapter.

[6] When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[7] When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV Zone is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.

[Amended 3-4-1997 by Ord. No. 97-17]

(j) In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.

[Added 11-24-1992 by Ord. No. 92-77]

(12) Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 211-9G(8)(b)[4], whether or not the lot is to be served by a centralized sewer treatment or collection system pursuant to Subsection A(8) above. No nonresidential structure shall be located on a parcel of less than one acre in size.

[Added 10-18-1988 by Ord. No. 88-78; amended 3-4-1997 by Ord. No. 97-17]

B. Area, yard and building requirements shall be as follows:

[Added 10-1-2002 by Ord. No. 2002-79]

(1) The minimum lot width shall be 200 feet.

(2) The minimum front yard setback shall be 200 feet.

(3) The minimum rear yard setback shall be 50 feet.

(4) The minimum side yard setback shall be 25 feet.

(5) The minimum accessory structure setback shall be 25 feet.

§ 211-12 Pinelands Village Zone (PV).

The following shall apply on the Pinelands Village Zone (PV):

A. Permitted uses shall be as follows:

(1) Residential dwellings if served by an on-site septic wastewater system.

[Amended 8-16-1988 by Ord. No. 88-65[1]]

[1] Editor's Note: This ordinance also provided for the deletion of former Subsection A(2) and the renumbering of the remaining subsections of Subsection A.

(2) All uses permitted in the Forest Area Zone, subject to the standards and requirements contained therein, provided that:

(a) A public service infrastructure necessary to support the use is available or can be provided without any development in the Preservation Area Zone and Forest Area Zone.

(b) The character and magnitude of the use is compatible with existing structures and uses in the village.

(3) All other uses, provided that the applicant can demonstrate that said use is consistent with the character and magnitude of existing development in the Pinelands Village and that the use proposed can comply with the on-site wastewater system requirements contained in Subsection A(1) above, specifically as they relate to minimum lot size requirements for this zoning district.

(4) Signs.

(5) Accessory uses.

(6) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-45]

(7) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

B. Area, yard and building requirements. Development of residential dwellings and all other uses served by an on-site wastewater system shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-65]

(1) The minimum lot area shall be 1.0 acre (43,560 square feet).

(2) The minimum lot width shall be 150 feet.

(3) The minimum front yard setback shall be 50 feet.

(4) The minimum side yard setback shall be 20 feet.

(5) The minimum rear yard setback shall be 40 feet.

(6) The maximum building height shall be 35 feet.

(7) The minimum accessory use setback shall be 20 feet.

C. Permitted conditional uses.

[Added 5-3-1994 by Ord. No. 94-45]

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection C(1), Community residences for the developmentally disabled and community shelters for victims of domestic violence, was repealed 4-2-2002 by Ord. No. 2002-21.

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

[Added 7-1-2008 by Ord. No. 2008-57]

A. Intent and purpose. The governing body of Stafford Township finds that riparian lands adjacent to streams, lakes, or other surface water bodies that are adequately vegetated provide an important environmental protection and water resource management benefit. It is necessary to protect and maintain the beneficial character of riparian areas by implementing specifications for the establishment, protection, and maintenance of vegetation along the surface water bodies within the jurisdiction of Stafford, consistent with the interest of landowners in making reasonable economic use of parcels of land that include such designated areas. The purpose of this section is to designate Riparian Buffer Conservation Zones and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of Stafford; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within Stafford; to protect the riparian and aquatic ecosystems of Stafford; to provide for the environmentally sound use of the land resources of Stafford, and to complement existing state, regional, county, and municipal stream corridor protection and management regulations and initiatives. The specific purposes and intent of this section are to:

(1) Restore and maintain the chemical, physical, and biological integrity of the water resources of Stafford;

(2) Prevent excessive nutrients, sediment, and organic matter, as well as biocides and other pollutants, from reaching surface waters by optimizing opportunities for filtration, deposition, absorption, adsorption, plant uptake, biodegradation, and denitrification, which occur when stormwater runoff is conveyed through vegetated buffers as stable, distributed sheet flow prior to reaching receiving waters;

(3) Provide for shading of the aquatic environment so as to moderate temperatures, retain more dissolved oxygen, and support a healthy assemblage of aquatic flora and fauna;

(4) Provide for the availability of natural organic matter (fallen leaves and twigs) and large woody debris (fallen trees and limbs) that provide food and habital for small bottom-dwelling organisms (insects, amphibians, crustaceans, and small fish), which are essential to maintain the food chain;

(5) Increase stream bank stability and maintain natural fluvial geomorphology of the stream system, thereby reducing stream bank erosion and sedimentation and protecting habitat for aquatic organisms;

(6) Maintain base flows in streams and moisture in wetlands;

(7) Control downstream flooding; and

(8) Conserve the natural features important to land and water resources, e.g., headwater areas, groundwater recharge zones, floodways, floodplains, springs, streams, wetlands, woodlands, and prime wildlife habitats.

B. Statutory authority. The municipality of Stafford is empowered to regulate land uses under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety and welfare by protecting and maintaining native vegetation in riparian areas.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ACTIVITY

Any land disturbance, including any development for which an application for development is necessary.

CATEGORY ONE (C1) WATERS

The meaning ascribed to this term by the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15, which waters have been identified for protection from degradation in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.

CATEGORY TWO WATERS

Those waters not designated as "outstanding natural resource waters" or Category One in the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15 for purposes of implementing the antidegradation policies set forth at N.J.A.C. 7:9B-1.5(d).

FLOODWAY

The meaning ascribed to this term by the Flood Hazard Area Control Act and regulations promulgated thereunder published at N.J.A.C. 7:13 et seq. and any supplementary or successor legislation and regulations from time to time enacted or promulgated.

HYDROLOGIC UNIT CODE (HUC 14)

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

INTERMITTENT STREAM

Surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Streams shown as a dashed line on either the USGS Topographic Quadrangle Maps or the USDA County Soil Survey Maps of the most recent edition that includes hydrography are included as intermittent streams.

LAKE, POND, OR RESERVOIR

Any impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.

LAND-DISTURBING ACTIVITY

Any grading, scraping, excavating or filling of land, clearing of vegetation, and any other construction or addition to the footprint of a structure.

PERENNIAL STREAM

A stream that flows continuously throughout the year in most years.

RIPARIAN BUFFER CONSERVATION ZONE (RBCZ)

An area of land or water within or adjacent to a surface water body within the municipality.

STREAM (WATERWAY)

Any perennial stream or river that is portrayed as a solid line on a U.S. Department of Agriculture Soil Survey Map of the most recent edition, and any intermittent stream or river that is portrayed as a dashed line on a U.S. Department of Agriculture Soil Survey Map of the most recent edition; any lake or impoundment that does not lie entirely within a single parcel of land. For the purposes of this section, the buffer does not apply to man-made stormwater management facilities, farm ponds, foundations and/or ornamental ponds.

SURFACE WATER BODY

Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any state open waters identified in a letter of interpretation issued by the New Jersey Department of Environmental Protection Land Use Regulation Program shall also be considered surface water bodies.

TOP OF BANK

The upper ridgeline of the confining channel.

D. Applicability.

(1) For all major subdivisions, minor subdivisions and site plans that are located within regulated water bodies and their associated riparian buffer conservation zones.

(2) The Flood Hazard Area Control Act, N.J.A.C. 7:13 et seq., requirements and provisions limit the type of disturbance and activities within all surface waters and their associated buffers.

(3) The provisions of this section shall not apply within any portion of the Township within the Pinelands Area. All development occurring within the Pinelands Area shall be governed by the provisions of the Pinelands Comprehensive Management Plan; the provisions of § 211-9; and such other sections of Code of the Township of Stafford as are applicable thereto.

[Amended 7-13-2010 by Ord. No. 2010-20]

E. Establishment of Riparian Buffer Conservation Zones.

(1) Riparian Buffer Conservation Zones (RBCZs) shall be delineated as follows:

(a) In the case of Category One (C1) waters and perennial or intermittent streams that drain into or upstream of the C1 waters within the associated HUC 14 drainage, the RBCZ shall extend 300 feet.

(b) For areas adjacent to surface water bodies designated Category Two Waters for Trout Production (FW2-TP), the RBCZ shall be measured from the defined edge of the intermittent or perennial stream, or center line if the bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 150 feet horizontally outward from the perpendicular. Where steep slopes (in excess of 10%) are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area.

(c) For areas with threatened and endangered species habitat, trout resources and acid soil waters and the land one mile upstream from such areas, the buffer shall extend 150 feet. For areas adjacent to other surface water bodies, the RBCZ shall be measured from the top of bank of an intermittent or perennial stream, or center line if bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level, and shall extend 50 feet horizontally outward from the perpendicular. Where steep slopes (in excess of 15%) are located within the designated widths, the RBCZ shall be extended to include the entire distance of this sloped area to a maximum of 300 feet.

(d) For areas adjacent to surface water bodies for which the floodway has been delineated, the RBCZ shall cover the entire floodway area, or the area described in Subsection E(1)(a) or E(1)(b), whichever area has the greatest extent. Floodway delineations shall be based upon the state's adopted floodway delineations. However, requests for alterations to the adopted delineations can be provided to the New Jersey Department of Environmental Protection for consideration if site-specific information is available.

(2) An RBCZ is an overlay to the existing zoning districts. The provisions of the underlying district shall remain in full force except where the provisions of the RBCZ differ from the provisions of the underlying district, in which case the provision that is more restrictive shall apply. These provisions apply to land disturbances resulting from or related to any activity or use requiring application for any of the following permits or approvals:

(a) Building permit;

(b) Zoning variance and/or zoning permit;

(c) Special exception;

(d) Conditional use; or

(e) Subdivision/land development approval.

(3) The applicant or designated representative shall be responsible for the initial determination of the presence of an RBCZ on a site and for identifying the area on any plan submitted to Stafford in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. This initial determination shall be subject to review and approval by the Municipal Engineer, governing body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.

F. Uses permitted and performance standards for Riparian Buffer Conservation Zones.

(1) Permitted uses are governed and shall comply with N.J.A.C. 7:8-5.5(h) and 7:13-10.2, unless otherwise exempt.

(2) All encroachments proposed within RBCZs and other waters shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and N.J.A.C. 7:13-10.2 and shall be subject to review and approval by the New Jersey Department of Environmental Protection, unless exempt.

G. Activities regulated by Flood Hazard Area Control Act.[2]

(1) Any action that includes or results in one or more of the following constitutes a regulated activity if undertaken in a regulated area, as described at N.J.A.C. 7:13-2.3:

(a) The alteration of topography through excavation, grading and/or placement of fill;

(b) The clearing, cutting and/or removal of vegetation in a riparian zone;

(c) The creation of impervious surface;

(d) The storage of unsecured material;

(e) The construction, reconstruction and/or enlargement of a structure; and

(f) The conversion of a building into a private residence or a public building.

(2) The landowner or applicant shall engage in a regulated activity in a regulated area without a flood hazard area permit as required by N.J.A.C. 7:13.

[2] Editor's Note: See N.J.S.A. 58:16A-50 et seq.

H. Nonconforming structures and uses in Riparian Buffer Conservation Zones. Nonconforming structures and uses of land within the RBCZ are subject to the following requirements:

(1) Legally existing but nonconforming structures or uses may be continued.

(2) Any proposed enlargement or expansion of the building footprint within an RBCZ shall comply with the standards in N.J.A.C. 7:8-5.5(h) and 7:13-10.2.

I. Submission requirements. Any application subject to the requirements of this section must submit an environmental impact statement.

J. Boundary interpretation, appeals procedures, inspections. The Township of Stafford has no jurisdiction to dispute the boundaries of an RBCZ. Any boundary interpretation or appeal must be subject to approval by NJDEP.

K. Enforcement. A prompt investigation shall be made by Stafford of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of Stafford, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.

[1] Editor's Note: Former § 211-13, Special Business Zone (SB), as amended, was repealed 3-4-1997 by Ord. No. 97-15.

§ 211-14 Neighborhood Commercial Zone (NC).

The following shall apply in the Neighborhood Commercial Zone (NC):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Offices for members of a recognized profession or business, including but not limited to a physician, dentist, architect, engineer, planner, attorney, real estate broker, insurance agent or accountant and music, art or photography studios.

(2) Any retail shopping facility or service establishment which supplies commodities or performs a service primarily for residents of the surrounding neighborhood, such as food convenience stores, delicatessens, meat markets, drugstores, variety stores, bakery shops, beauty shops, and dry cleaners.

[Amended 11-5-2007 by Ord. No. 2007-98]

(3) Child-care centers.

[Amended 5-3-1994 by Ord. No. 94-45]

(4) (Reserved)[1]

[Amended 5-18-1993 by Ord. No. 93-31]

[1] Editor's Note: Former Subsection A(4), Detached single-family dwelling, amended 5-18-1993 by Ord. No. 93-31, was repealed 11-5-2007 by Ord. No. 2007-98.

(5) Veterinaries.

[Amended 5-18-1993 by Ord. No. 93-31]

(6) Financial institutions.

[Amended 5-18-1993 by Ord. No. 93-31]

(7) Churches and other places of worship.

(8) Clubs and activities of a quasi-public, social, fraternal or recreational character.

[Amended 11-5-2007 by Ord. No. 2007-98]

(9) Restaurants, excluding fast-food and drive-through restaurants.

[Amended 11-5-2007 by Ord. No. 2007-98]

(10) Funeral homes.

[Added 2-16-1993 by Ord. No. 93-10]

B. Required accessory uses shall be as follows. When any two or more commercial uses and activities are combined in one building or group of attached buildings, each commercial activity shall be considered a separate use for the purposes of providing off-street parking and loading, except as provided elsewhere herein.

(1) Off-street parking.

(2) Off-street loading.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

D. Permitted signs shall be as follows:

(1) One lighted home occupation announcement sign not exceeding two square feet in area.

(2) One lighted sign, not to exceed 20 square feet in area, for each access drive to a hospital, church, school, college or similar use, plus additional signs, not to exceed four square feet in area, to provide direction to a specific building or buildings and to off-street parking areas.

(3) Illuminated business signs, provided that the total area of any sign shall not exceed 40 square feet.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection E(1), Home occupations, was repealed 11-1-1994 by Ord. No. 94-96.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.

(3) Combined residential and commercial uses in one structure, provided that the minimum floor area for the residential unit meets the requirements of this chapter, and further provided that only one residential unit shall be permitted in a building which has a square footage of up to 5,000 square feet. In regard to any building which has square footage in excess of 5,000 square feet, no residential unit shall be permitted.

F. Area, yard and building requirements. An attached group of stores shall be considered one building for application of the following area, yard and building requirements.

(1) The minimum lot area shall be 18,000 square feet. No nonresidential use in the Neighborhood Commercial Zone shall be located on a parcel of less than one acre unless served by a sanitary sewer system. No residential dwelling unit in the Neighborhood Commercial Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.

[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77; 6-11-2002 by Ord. No. 2002-38; 3-4-2003 by Ord. No. 2003-25]

(2) The minimum lot width shall be 100 feet.

(3) The minimum lot depth shall be 100 feet.

(4) The minimum front yard setback shall be 60 feet from any proposed right-of-way line shown on the Master Plan. Said setback may be decreased to the prevailing setback on Bay Avenue with appropriate adjustments made in the location of parking areas.

(5) The minimum side yard setback shall be 20 feet.

(6) The minimum rear yard setback shall be 20 feet.

(7) The maximum building height shall be 40 feet.

(8) The maximum percent of building and impervious cover shall be 65%.

(9) The minimum percentage of green space shall be 35% and no more than 40% of the required green space shall be provided in the rear yard or side yard behind buildings.

[Amended 11-26-1991 by Ord. No. 91-69]

G. Access restrictions. Access to all uses, with the exception of professional and medical offices, shall be prohibited from local residential streets.

[Added 5-3-1994 by Ord. No. 94-45]

§ 211-14.1 Community Commercial Zone (CC).

[Added 5-3-1994 by Ord. No. 94-45]

The following shall apply in the Community Commercial Zone (CC):

A. Permitted uses shall be as follows:

(1) Retail sale of goods which may include the following:

(a) Supermarkets, grocery stores and food markets.

(b) Drug stores.

(c) Dry goods stores.

(d) Meat and poultry stores.

(e) Baked goods stores.

(f) Packaged liquor stores.

(g) Flower shops.

(h) Confectionery stores.

(i) Household supplies stores.

(j) Stationary supplies, tobacco and periodical stores.

(k) Haberdashery, dress goods and notions.

(l) Hardware, plumbing supplies and electrical supplies.

(m) Boat supplies and automobile supplies.

(n) Shops of artisans and craftsmen.

(o) Furniture and appliance stores.

(p) Gift shops.

(2) Personal service establishments which may include the following:

(a) Barbershops and beauty shops.

(b) Tailoring and dressmaking shops.

(c) Dry-cleaning and laundry collection shops.

(d) Shoe repair shops.

(e) Appliance repair shops.

(f) Radio and television repair shops.

(g) Self-service laundries.

(h) Art, dancing, music, gymnastics and other similar instructional schools.

(3) Business and professional offices and banks and financial institutions.

(4) Restaurants, lunchrooms, deli and other eating and dining establishments.

(5) Child-care centers.

(6) Private and quasi-public club recreation areas.

(7) Federal, state, county and municipal buildings and grounds, but excluding schools.

(8) Funeral homes.

(9) Churches and other places of worship.

(10) Essential services.

(11) Mixed use, complying with planned unit development requirements, provided that the following conditions are met:

[Added 11-5-2007 by Ord. No. 2007-98; amended 9-2-2008 by Ord. No. 2008-88]

(a) Planned unit development shall be an area developed with the intent that all steps or phases and elements of development shall be combined into one plan for the entire zone, even if the development of the area may be accomplished in several steps or phases, and shall specifically intend to create a balanced development composed of integrated uses developed in accordance with an overall plan for the development.

(b) The minimum area of a planned unit development shall be 10 acres, which may be contiguous or noncontiguous so long as it is developed as a single entity according to a plan.

(c) The following shall be principally permitted in a planned unit development: mixed-use buildings.

(d) Accessory uses in a planned unit development shall be as follows: other accessory uses and buildings which are clearly incidental to the principal use and building.

(e) Conditional uses: none.

(f) Residential density standards and limitations in a planned unit development shall be as follows:

[1] The residential density shall not exceed 11 units per acre, calculated based on the developable area of land devoted exclusively to a mixed-use building and associated improvements.

[2] Pinelands development credits. Pinelands development credits shall be acquired and redeemed at the rate of one right for every 3.33 market rate residential units 30%.

[3] The minimum distance between structures shall be equal to 1/2 the total height of the adjacent structures.

[4] The maximum building height shall be three stories, not to exceed a maximum of 36 feet.

(g) Other standards and requirements for PUD development shall be as follows:

[1] The development shall be served by public sewer and water facilities.

[2] Setback from public streets. All buildings, parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas, shall be set back a minimum of 35 feet from Route 72 and 25 feet from any other public street.

[3] Setback from property lines. All buildings, parking areas and other aboveground improvements, including access drives, but excluding landscaping and screening areas, shall be set back a minimum of 20 feet from all side and rear lot lines.

[4] Building length. No principal building, when viewed from any elevation, shall be greater than 180 feet in length.

[5] Refuse and recycling storage. The refuse and recycling storage area shall be suitably located and arranged for access and ease of collection. Such storage area shall not be part of, restrict, or occupy any parking aisle and shall not be located farther than 300 feet from the entrance to any unit which it is intended to serve. All refuse and recycling storage areas shall be adequately screened.

[6] Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandle throughout such areas from dawn to dusk. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.

[7] Concrete walkways at least four feet wide or of such other dimension and composition as may be approved by the Planning Board shall be provided where normal pedestrian traffic is likely to occur.

[8] Open storage of materials. No open display or storage of products, materials and equipment shall be permitted.

[9] Transition requirement. There shall be established along the line of any side or rear lot that is contiguous to any residential or conservation district, unless the side or rear lot line coincides with a state or federal highway or railroad, a buffer area of at least 35 feet in width. The buffer area shall be landscaped and fenced to provide appropriate screening.

[10] Off-street parking space may be located in the side and rear yards, and no parking space shall be located nearer than 15 feet to any street, nor closer than 10 feet to any building.

[11] Signs. Sign restrictions shall be as provided in accordance with § 211-35P.

[12] Parking. Parking requirements shall be as provided in accordance with § 130-81.

[13] Open space regulations.

[a] In reviewing applications for a PUD development, the Planning Board will require evidence that adequate open space in appropriate locations will be available.

[b] Open space must have safe and convenient pedestrian access.

[c] Open space shall consist of any combination of common space, public open space and public areas. The landowner shall provide for the establishment of an organization for the ownership and maintenance of any common open space, and such organization shall be established and regulated by all applicable standards and conditions of state statute.

[14] Circulation.

[a] All existing roads and proposed roads to be dedicated shall be improved and/or constructed in accordance with the Township standards.

[b] The right-of-way and pavement widths for improvement of private ways, roads and alleys shall be determined from sound planning and engineering standards in conformity with the estimated needs of the full development proposed and the traffic to be generated thereby and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police vehicles. Internal private roads shall have a required pavement width as follows:

[i] Two-way traffic roads: 30 feet paved width with parallel parking on both sides; 28 feet with parking on one side. The right-of-way width of said streets shall be at least 50 feet.

[ii] Service ways for public service and emergency vehicles shall be no less than 15 feet in width.

[15] Affordable housing. All new planned unit development within the CC District shall include any affordable housing generated by the project pursuant to regulations of the Council on Affordable Housing (COAH), as adopted or amended.

(h) Application procedure.

[1] An applicant has the option of submitting a planned unit development application according to general development plan procedures, pursuant to N.J.S.A. 40:55D-45.1 through 40:55D-45.8.

[2] The applicant shall initially submit a sketch plan for the entire tract. The sketch shall show all informational items as required for any major subdivision as set forth in Chapter 130 and, further, shall indicate the general location of buildings, parking areas and roadways as well as any other significant site development features planned by the applicant. The purposes of the sketch development plan are:

[a] To establish the land use plan for the site.

[b] To establish staging or phasing of site development.

[c] To determine at the earliest possible time any off-site improvements required as a result of the development.

[d] To determine design criteria for buffer areas, parking lot locations, open space areas, etc., as applicable.

[3] The applicant, after approval of the overall development plan, shall proceed with formal site plan applications for all phase(s) of the development.

[4] Preliminary application for development shall be made in accordance with all the regulations and procedures as set forth for a major subdivision and major site plan as set forth in the Land Use Ordinance.[1]

[1] Editor's Note: See Ch. 130, Land Use and Development.

[5] In addition to the requirements for subdivision and site plan map submission and other requirements, a PUD development application shall include such information as is reasonably necessary to disclose the following:

[a] The location, district and size of the land, and the nature of the landowner's interest in the land to be developed.

[b] The type of land use to be allocated to parts of the site to be developed.

[c] The location and size of any open space.

[d] The use and the approximate height, bulk and location of buildings and other structures.

[e] A traffic improvement plan setting forth on- and off-site improvements, scheduling as a function of development and detailing of permit requirements necessary to complete.

[f] The feasibility of proposals for the disposition of sanitary waste and stormwater and for the provision of other utilities and services, such as water supply and solid waste disposal.

[g] The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities.

[h] The provision for the parking of vehicles and the location and width of proposed streets and public ways.

[i] In the case of plans which call for development over a period of years, a schedule showing the proposed times within which the application for final approval of all sections of the development are intended to be filed and the developer's financial responsibility.

[j] Environmental assessment statement. A written assessment of the short- and long-term impacts of the proposed development shall be prepared and filed. The statement shall detail methods and procedures to be established to ameliorate any adverse impact upon the environment.

B. Required accessory uses shall be the same as for the Neighborhood Commercial Zone (NC).

C. Permitted accessory uses shall be the same as for the Neighborhood Commercial Zone (NC).

D. Permitted signs shall be the same as for the Highway Commercial (HC) Zone.

E. Conditional uses shall be as follows:

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection E(1), Motor vehicle service stations, was repealed 11-5-2007 by Ord. No. 2007-98.

F. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be 43,560 square feet.

(2) The minimum lot width shall be 200 feet.

(3) The minimum lot depth shall be 200 feet.

(4) The minimum front yard setback shall be 90 feet from Route No. 72 paved road surface and 50 feet from rights-of-way on all other streets.

(5) The minimum side yard setback shall be 50 feet.

(6) The minimum rear yard setback shall be 40 feet.

(7) The maximum height shall be 50 feet.

(8) The maximum percent of lot coverage for buildings and all impervious surface areas shall be 55%.

[Amended 9-20-1994 by Ord. No. 94-88]

(9) The minimum unoccupied open space shall be 45%.

[Amended 9-20-1994 by Ord. No. 94-88]

§ 211-15 Marine Commercial Zone (MC).

The following shall apply in the Marine Commercial Zone (MC):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection A(1), Detached single-family dwellings, was repealed 11-5-2007 by Ord. No. 2007-98.

(2) Marinas, boat sales and repair businesses.

(3) Retail stores.

(4) Outside boat storages.

(5) Aquaculture.

[Amended 5-18-1993 by Ord. No. 93-32[2]]

[2] Editor's Note: This ordinance also provided for the repeal of former subsections A(5), regarding government uses, and A(9), motels and the renumbering of former A(6) through (10) as A(5) through (8).

(6) Restaurants, 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]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

D. (Reserved)[3]

[3] Editor's Note: Former Subsection D, Permitted signs, as amended 5-16-1989 by Ord. No. 89-38, was repealed 9-7-1999 by Ord. No. 99-58.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), which concerned home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.

(3) Helistops, subject to the provisions of § 211-35W.

[Added 7-21-1998 by Ord. No. 98-51[6]]

[6] Editor's Note: This ordinance also repealed former Subsection E(3), regarding combined residential and commercial uses in one structure.

(4) (Reserved)[7]

[7] Editor's Note: Former Subsection E(4), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

(5) Home occupations subject to the provisions of § 211-135U.

[Added 6-24-1997 by Ord. No. 97-44]

F. Area, yard and building requirements for commercial uses shall be as follows:

(1) The minimum lot area shall be one acre (43,560 square feet).

(2) The minimum lot width shall be 150 feet.

(3) The minimum lot depth shall be 175 feet.

(4) The minimum front yard setback shall be 40 feet.

(5) The minimum side yard setback shall be 20 feet.

(6) The minimum combined side yard setback shall be 40 feet.

(7) The minimum rear yard setback shall be 30 feet.

(8) The minimum accessory building side and rear yard setback shall be 20 feet.

(9) 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]

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

[Added 6-13-1989 by Ord. No. 89-40]

A. Permitted uses.

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection A(1), Detached single-family dwellings, was repealed 11-5-2007 by Ord. No. 2007-98.

(2) Essential services.

(3) Rental boat slips.

(4) Aquaculture.

(5) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

B. Required accessory uses.

(1) Off-street parking.

C. Permitted accessory uses.

(1) Detached residential garages and sheds.

(2) Private swimming pools.

(3) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. (Reserved)[2]

[2] Editor's Note: Former Subsection D, Permitted signs, as amended 11-21-1989 by Ord. No. 89-68 and 4-7-1992 by Ord. No. 92-14, was repealed 9-7-1999 by Ord. No. 99-58.

E. Conditional uses.

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection E(1), which concerned home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[4]

[4] Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

[Amended 5-21-2024 by Ord. No. 2024-14]

(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. Pools adjacent to a bulkhead require the appropriate CAFRA approvals.

(9) Maximum building height: 35 feet.

(10) Maximum percent building lot coverage: 40%.

(11) Minimum rear yard setback for lagoon front properties, meaning setback from opened structures, such as decks, whether on first or second floor: 10 feet.

G. Requirements for boat slips.

(1) Off-street parking at one parking space per boat slip.

(2) Associated marine uses, such as but not limited to gas pumps, bait and tackle, commercial boat storage, boat sales or repair business, would be subject to the site plan requirements as provided in Chapter 130 of the Code of Stafford Township.

§ 211-16 Rural Residential Zone (RA).

The following shall apply in the Rural Residential Zone (RA):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Detached single-family dwellings.

(2) All farm and agricultural activities, provided that no building or area enclosing farm animals and livestock shall be permitted within 100 feet of any property line.

(3) Buildings used for private or commercial horticulture or agricultural, provided that no greenhouse heating plant or building shall be permitted within 50 feet of any lot line.

(4) Stables housing horses for private use, provided that a minimum of one acre of lot area shall be provided for each horse, and no building or enclosure shall be located within 100 feet of any lot line.[1]

[1] Editor's Note: Former Subsections A(5) through (8), which immediately followed this subsection and which provided for further permitted uses, as amended, were repealed 5-18-1993 by Ord. No. 93-32.

(5) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(6) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.[2]

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

[2] Editor's Note: Former Subsection A(7), which immediately followed this subsection and which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.

(7) Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. Permitted signs shall be as follows:

[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses. The following uses shall be permitted in the RA Zone, subject to the issuance of a conditional use permit:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection E(2), concerning cluster developments, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-58.

(3) (Reserved)[6]

[6] Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

(4) Integrated commercial development subject to the requirements of § 211-35S.

[Added 5-3-1994 by Ord. No. 94-43]

(5) Churches and other places of worship, provided that the property fronts on and has direct access to Route 9.

[Added 5-3-1994 by Ord. No. 94-43]

(6) (Reserved)[7]

[7] Editor's Note: Former Subsection E(6), concerning various health care facilities, added 5-3-1994 by Ord. No. 94-43, was repealed 10-21-1997 by Ord. No. 97-85.

(7) Bed-and-breakfasts with frontage on Route 9 or Bay Avenue.

[Added 11-14-1995 by Ord. No. 95-104]

F. Area, yard and building requirements shall be as follows:

[Amended 1-21-1992 by Ord. No. 92-06; 8-5-1997 by Ord. No. 97-58; 3-20-2007 by Ord. No. 2007-34; 11-5-2007 by Ord. No. 2007-98]

(1) The minimum lot area shall be one acre (43,560 square feet) for properties with access to existing public sewer service.

(2) The minimum lot area shall be four acres (174,240 square feet) for properties without existing public infrastructure (on septic) and be governed by the area, yard and building requirements of § 211-17E herein.

[Amended 7-1-2008 by Ord. No. 2008-58]

(3) The minimum lot width shall be 150 feet.

(4) The minimum lot depth shall be 175 feet.

(5) The minimum front yard setback shall be 50 feet.

(6) The minimum side yard setback shall be 20 feet.

(7) The minimum combined side yard setback shall be 50 feet.

(8) The minimum rear yard setback shall be 40 feet.

(9) The minimum accessory building side and rear yard setback shall be 15 feet, except as otherwise specified in this chapter.

(10) The maximum building height shall be 35 feet.

(11) The maximum percent of building coverage shall be 10%.

(12) The maximum percent of impervious surface coverage on any lot shall be 25%. However, the maximum impervious surface coverage allowed shall increase to 30% upon the installation of dry wells for roof runoff, in accordance with the standards delineated with § 130-72E.

(13) Internal walkways and patios shall be set back at least three feet from the lot line.

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

[Added 11-5-2007 by Ord. No. 2007-98[1]]

A. Permitted uses shall be as follows:

(1) Detached single-family dwellings.

(2) Recreational facilities; clubs; activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs; or fraternal organizations.

(3) Cemeteries.

(4) Family day-care homes.

(5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

(6) Commercial farms, farm markets and pick-your-own farms.

(7) Parks and playgrounds.

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

D. Permitted signs shall be as follows:

(1) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

(2) Exception for signs for commercial farms, farm markets and pick-your-own farms only. One identification sign shall be permitted for a permitted commercial farm, farm market or pick-your-own farm subject to the restrictions listed below. In addition, one or more directional signs may be permitted subject to the review and approval of the location and placement of such signage by the Township Traffic Engineer and submission of proof of easement and/or required permits or authorization from the New Jersey Department of Transportation or Ocean County, as applicable. The size of directional signage shall be pursuant to New Jersey Department of Transportation regulations for directional signage posted on state-regulated roadways. Size, height and setback requirements for said identification sign shall be as follows:

(a) Maximum area: 48 square feet.

(b) Maximum area per side: 24 square feet.

(c) Maximum height: eight feet.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be four acres (174,240 square feet) for properties without existing public infrastructure (on septic).

[Amended 12-18-2007 by Ord. No. 2007-120]

(2) The minimum lot area shall be one acre (43,560 square feet) for properties with access to existing public sewer service and be governed by the area, yard and building requirements of § 211-16F therein.

[Amended 7-1-2008 by Ord. No. 2008-58]

(3) The minimum lot width shall be 300 feet.

(4) The minimum lot depth shall be 350 feet.

(5) The minimum front yard setback shall be 75 feet.

(6) The minimum side yard setback shall be 50 feet.

(7) The minimum combined side yard setback shall be 100 feet.

(8) The minimum rear yard setback shall be 75 feet.

(9) The minimum accessory building side 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.

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

[Added 11-5-2007 by Ord. No. 2007-98[1]]

A. Permitted uses shall be as follows:

(1) Detached single-family dwellings.

(2) Recreational facilities; clubs; activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs; or fraternal organizations.

(3) Cemeteries.

(4) Family day-care homes.

(5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

(6) Commercial farms, farm markets and pick-your-own farms.

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

D. Conditional uses shall be as follows:

(1) Soil removal/resource extraction, subject to the requirements of § 211-35Q.

(2) Forestry activities.

(a) Forestry and tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year, and that no more than five cords of wood are harvested from the entire parcel in any one year.

(b) Tree planting, provided that the area to be planted does not exceed five acres in any one year and no soil disturbance occurs other than that caused by the planting activity.

(c) Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

(d) Prescribed burning and the clearing and maintaining of firebreaks.

(e) Vegetation, clearing and landscaping:

[1] All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

[2] A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested.

(f) All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters' Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey forest stewardship plan shall serve as evidence that this standard is met.

(g) Any newly developed access to lands proposed for harvesting shall avoid wetland areas, except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site.

(h) All agricultural activities, forestry and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

E. Permitted signs shall be as follows:

(1) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

(2) Exception for signs for commercial farms, farm markets and pick-your-own farm markets only. One identification sign shall be permitted for a permitted commercial farm, farm market or pick-your-own farm subject to the restrictions listed below. In addition, one or more directional signs may be permitted subject to the review and approval of the location and placement of such signage by the Township Traffic Engineer and submission of proof of easement and/or required permits or authorization from the New Jersey Department of Transportation or Ocean County, as applicable. The size of directional signage shall be pursuant to New Jersey Department of Transportation regulations for directional signage posted on state-regulated roadways. Size, height and setback requirements for said identification sign shall be as follows:

(a) Maximum area: 48 square feet.

(b) Maximum area per side: 24 square feet.

(c) Maximum height: eight feet.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

F. Area, yard and building requirements. The requirements shall be as follows:

(1) The minimum lot area shall be five acres (217,800 square feet).

(2) The minimum lot width shall be 400 feet.

(3) The minimum lot depth shall be 500 feet.

(4) The minimum front yard setback shall be 100 feet.

(5) The minimum side yard setback shall be 75 feet.

(6) The minimum combined side yard setback shall be 150 feet.

(7) The minimum rear yard setback shall be 100 feet.

(8) The minimum accessory building side and rear yard setback shall be 50 feet, except as otherwise specified in this chapter.

(9) The maximum building height shall be 35 feet.

(10) The maximum percent of building coverage shall be 3%.

(11) The maximum percent of impervious surface coverage on any lot shall be 6%. However, the maximum impervious surface coverage allowed shall increase to 9% upon the installation of dry wells for roof runoff in accordance with the standards delineated with § 130-72E.

(12) Internal walkways and patios shall be set back at least three feet from the lot line.

[1] Editor's Note: This ordinance also repealed former § 211-17.1, Low-Density Rural Residential/Recreation Open Space Zone (RA-3/ROS), added 8-19-2003 by Ord. No. 2003-106, as amended.

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

[Added 12-18-2007 by Ord. No. 2007-120]

The following shall apply in the Rural Residential/Recreation Open Space Zone (RA-5/ROS):

A. Permitted uses shall be as follows:

(1) All principal uses permitted in the Rural Residential (RA-5) Zone, with the exception of uses permitted by § 211-17.1A(2).

(2) Open space/recreation open space tract.

(a) Recreation open space mixed principal uses for recreation open space tracts shall include, at a minimum:

[1] A golf course, which, for this use, shall mean a golf course consisting of a land area of 150 or more contiguous acres containing a full-sized professional course of at least 18 holes, together with the usual related golf course facilities and structures, including, at a minimum, clubhouse facilities;

[2] A recreation open space tract shall include a one-hundred-fifty-acre minimum land area, which shall include a golf course land area dedication ("golf course dedication"). The applicant is also required to review the feasibility of dedicating a portion of upland adjacent to the lake for passive use by Township residents as a public park. In the event the applicant determines that such use and dedication is feasible, the applicant shall complete said dedication within 90 days of completion of the full lake; and

[3] The golf course facilities and structures may also include, but need not be limited to, related golf course facilities, including offices; locker rooms; rest rooms; shower rooms; a pro shop; public, quasi-public and/or private dining areas; and meeting and conference rooms.

(b) Recreation open space mixed principal uses for recreation open space tracts. Buildings, structures and lands may also include:

[1] Retention or creation of ponds and lakes for aesthetic, active and passive recreational purposes, including, but not limited to:

[a] Aquaculture;

[b] Nonmotorized boating;

[c] Fishing;

[d] Swimming;

[e] Picnic grounds;

[f] Walks and trails; and

[g] Open space and recreational uses and facilities.

[2] Recreational structures and facilities, such as public, quasi-public and/or private and/or municipal parks, playgrounds and related recreational facilities, which may include, but not limited to:

[a] Playing fields;

[b] Courts: basketball, tennis, etc.;

[c] Swimming pools;

[d] Bathhouses;

[e] Clubhouses/community buildings;

[f] Garden plots;

[g] Picnic grounds;

[h] Walks and trails;

[i] Tot lots;

[j] Senior recreation facilities, shuffleboard courts; and

[k] Related essential services.

(3) Essential services.

B. Required accessory uses shall be as follows:

(1) Off-street parking.

(2) Off-street loading for recreation and open space tracts only.

C. Permitted accessory uses shall be as follows:

(1) All accessory uses permitted in the RA-5 Zone.[1]

[1] Editor's Note: See § 211-17.1, Environmentally Sensitive Rural Residential Zone (RA-5).

(2) For golf courses and golf clubhouses, the permitted accessory uses shall be as follows:

(a) Golf course cart storage facilities.

(b) Buildings and structures for the maintenance or administration of the golf course and/or golf clubhouse.

(c) Snack bar/rest room facilities.

(d) Gatehouses.

(e) Fences and walls.

(f) Refreshment stands.

(g) Storage sheds.

(h) Swimming pools.

(i) Tennis courts.

(j) Practice greens, bunkers and driving ranges.

(k) Golf schools.

(l) A maximum of eight lodging units or residential villas, which shall be defined for purposes of this subsection to mean housing units, which have a separate private entrance for each unit and may be used, at the applicant's/owner's discretion, for the personal, private enjoyment use of the applicant/owner and/or for overnight occupancy of guests of the applicant/owner and/or patrons of any of the open space tract uses. No such lodging unit or residential villa shall be utilized for permanent occupancy or residence. No lodging unit or residential villa shall exceed 2,500 square feet in floor area or contain more than four bedrooms. Occupancy limits of lodging units and residential villas shall be determined by the Board. The maximum number of lodging units or residential villas permitted pursuant to this subsection shall be reduced proportionally if an owner of record, caretaker and/or golf professional unit is to be provided pursuant to Subsection C(2)(m) below.

(m) One dwelling unit each for the owners of record, caretaker of record and/or golf professional. The Board, with input from appropriate officials and agencies, shall determine the appropriateness of the dwelling's location and the safety and adequacy of access to same.

(n) Private helistops and heliports may be permitted as an accessory use subject to all of the following supplementary regulations:

[1] The facility shall be located on the golf course lot to be used for the private purpose of:

[a] The owner of the golf course;

[b] The owner(s) of the residential villas (referenced as an accessory use); and

[c] The occupants and/or persons conducting business with the owners/occupants of the golf course and/or residential villas.

[2] The minimum setbacks of landing pads for private helistops and heliports shall be a minimum of 500 feet from any adjoining lot not owned by the applicant/helistop owner, except that a minimum setback may be reduced to a distance of no less than 200 feet when adjacent to the Garden State Parkway right-of-way line.

[3] The area surrounding the helipad shall be secured with solid fencing to prevent entrance of unauthorized persons, with a minimum fence height of no less than four feet.

[4] Passenger shelters may be permitted and shall not exceed 16 feet in height.

[5] When appropriate, off-street parking may be required, with the amount of parking required to be determined during the site plan review process based upon the operations contemplated.

[6] A private helistop/heliport shall be permitted only upon site plan review and approval by the appropriate board of jurisdiction. A written report detailing the proposed scope of operations shall be submitted in addition to the submission items required for a site plan application in general. Any change in the scope of operations or site plan layout shall be subject to an amended site plan approval.

[7] The hours of operation shall be restricted to daylight hours (defined as the hours between sunrise and sunset), except that helicopter operations for medical or other emergencies are exempt from this restriction.

[8] The owner/operator shall be required, as a condition of approval, to consent that the helistop may be used as needed for federal, state, county or municipal emergency services.

[9] The facility shall meet all of the requirements of the New Jersey Division of Aeronautics Licensing of Aeronautical Facilities and shall be actively licensed by same.

[10] The facility shall meet all of the requirements of the Federal Aviation Administration (FAA) and the New Jersey Office of Aviation (NJOA).

(3) For uses permitted pursuant to § 211-17.2A(2)(a) and (b)[1] and [2], the permitted accessory uses shall be as follows:

(a) Fences and walls; and

(b) Storage sheds.

D. Permitted signs shall be as follows:

(1) All freestanding signs for uses permitted in accordance with § 211-17.2A(1) and (3) shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

(2) All commercial farms, farm markets and pick-your-own farm signage shall be in accordance with § 211-17.1E(2).

(3) All freestanding signs for recreation and open space tracts visible from public roads shall meet the following size, height, setback and related requirements:

(a) One identification sign for each permitted use being conducted on the premises.

(b) All uses other than single-family dwellings may be permitted one lighted sign, which shall be so arranged as to reflect the light and any glare away from adjoining residential premises and away from adjoining streets. Illuminated signs shall comply with the National Electric Code. All exterior lighted signs shall be interior-lighted from the bottom, with said lights a maximum distance of six feet from the sign and of such design as to minimize sky glare.

(c) Each golf course sign may have one double-sided to two-sided signs located at the entrance drive, with a maximum total sign area of 75 square feet, which shall be measured for area by using the face of only one side of the sign, with a maximum height of 20 feet and located a minimum of 25 feet from the side lot lines. Signs may be a part of an entranceway structure, having a maximum height of 10 feet.

(d) All other freestanding signs shall meet the following size, height and setback requirements:

[1] Maximum area: 75 square feet. Signs with two exposures shall be measured for area by using the face of only one side of the sign.

[2] Maximum area per side: 75 square feet.

[3] Maximum height: 10 feet.

[4] Minimum front yard setback: 10 feet, which may be reduced if required to give reasonable public sight distance if public safety is not unduly impaired as determined by the Planning Board.

[5] Minimum side yard setback: 25 feet.

(4) Construction/excavation signs. One nonilluminated construction sign and one nonilluminated excavation sign, each not exceeding 40 square feet in area and a minimum of eight feet in height, denoting the names of the construction/excavation entities and future occupants may be placed on the tract to identify an active area of construction and/or excavation.

(5) Direction signs.

(a) Directional signs shall not exceed four square feet in area, and lettering shall not exceed six inches in height.

(b) Such signs shall not be placed within five feet of the street right-of-way line or any property line but may be located within the minimum required sign setback of 20 feet.

(c) Where directional signs are placed within a sight triangle area, they shall not exceed 30 inches in height from the finished grade directly below the sign to the top of the sign.

(6) Ground signs.

(a) Ground signs shall not exceed six feet in height, measured from the finished grade directly below the sign to the top of the sign.

(b) The base of all ground signs shall be accented by landscaping.

(c) One ground sign for each tract use shall be permitted for each street frontage upon which the site is located.

(d) Each ground sign shall comply with the freestanding sign requirements of § 211-17.2D(1) above.

(7) Government flags and historic markers. Any flag of the United States of America, the State of New Jersey, the County of Ocean, the Township of Stafford, any other governmental entity or any other religious or fraternal organization, and memorial or historic tablets, information as the name of a building, date of erection, special description or other material of historic interest, when cut into a masonry surface or constructed of bronze or other similar material, shall be permitted.

(8) Holiday decoration signs. One holiday decoration sign, not exceeding 20 square feet in area, shall be permitted on a site where decorations customarily and commonly associated with any national, state, local or religious holiday are offered for sale.

(9) Miscellaneous signs. The erection of signs, such as "No Trespassing" or "No Hunting" signs, shall be permitted, provided that these signs do not exceed two square feet.

(10) Nameplate signs. One nameplate sign and one designated parking space sign may be located on the tract for each separate legal owner, occupant or tenant of each separate building area or use on the tract, which sign may provide the name and address, or both, and shall not exceed two square feet in area.[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:

(1) Soil removal/resource extraction, subject to the requirements of § 211-35Q.

(2) Soil removal/resource extraction processing, subject to the requirements of § 211-35Q.

(3) Forestry and tree harvesting, subject to the requirements of § 211-17.1D(2).

F. Area, yard and building requirements for uses permitted in accordance with § 211-17.2A(1) shall be in accordance with § 211-17.1F.

G. Area, yard and building requirements and procedural standards for open space/recreation open space tracts shall be as follows:

(1) The minimum lot area shall be 150 contiguous acres, which shall include a golf course dedication and land dedication as defined in § 211-17.2A(2)(a)[2].

(2) In accordance with N.J.S.A. 40:55D-52b, since a recreation open space tract site plan application includes a minimum of 150 or more acres, the Planning Board may grant the preliminary/final site plan/subdivision rights referred to in N.J.S.A. 40:55D-52 for a period of time longer than two years, and such longer time period may be proposed by the applicant and approved by the Planning Board in accordance with the standards set forth in N.J.S.A. 40:55D-52b.

(3) No building or structure, other than entrance gatehouses, signs, walls, fences, berms, landscaping buffers and water features, shall be located within 200 feet of an existing public road.

(4) All lands set aside and dedicated to the Township of Stafford for open space, as required in § 211-17.2A(2)(a)[2], shall be developed with active and passive recreation facilities, with the golf course dedication area being developed by the applicant/owner and/or its agents and the land dedication area being developed by the land dedication donee subject to approval by the land dedication donor to ensure no adverse impact on the golf course dedication area.

(5) Internal roadways utilized by the public shall be constructed in accordance with the standards for public streets.

(6) Outdoor lighting. All parking, loading and unloading areas and walkways thereto and appurtenant passageways and driveways serving commercial uses open to the public shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the areas to be illuminated, shall average a minimum of 0.5 footcandle over the entire area, and shall be provided by fixtures with a maximum mounting height of 25 feet measured from the ground level to the center line of the light source or the height of the building, if attached, whichever is lower, and spacing not to exceed five times the mounting height. Any other outdoor lighting, such as building and sidewalk illumination and driveways with ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. No light shall shine directly into windows of off-site buildings or unto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval.

(7) The required minimum setbacks of the golf course clubhouse and clubhouse parking from the perimeter of the recreation open space tract shall be:

(a) Golf course clubhouse:

[1] Front yard: 200 feet;

[2] Side yard: 200 feet; and

[3] Rear yard: 200 feet.

(b) Parking.

[1] Golf course parking:

[a] Front yard: 200 feet;

[b] Side yard: 200 feet; and

[c] Rear yard: 200 feet.

[2] The number and design of spaces for parking for the golf course shall be acceptable to the Planning Board and, in any and all events, be no less than two per hole.

(8) The height of the golf clubhouse building shall not exceed 35 feet exclusive of a cupola; provided, however, for every additional 10 feet of setback from residential properties not owned by the applicant/owner, the minimum height may be increased one foot up to a maximum height of 45 feet and three stories, which maximum height and story limitation shall not include the basement area.

(9) The height of any other proposed structure and recreational building shall not exceed 35 feet; provided, however, for every additional 10 feet of setback from residential properties not owned by the applicant/owner, the minimum height may be increased one foot up to a maximum height of 45 feet and three stories, which maximum height and story limitation shall not include the basement area.

(10) Setback from public streets. All buildings, parking areas and other aboveground improvements, with the exception of access drives or access roadways, landscaping and screening areas and golf course land and water features, shall be set back a minimum of 200 feet from the right-of-way of all existing public streets.

(11) Setback from other property lines. All buildings, parking areas and other aboveground improvements regulated under § 211-17.2A(2)(a)[1], [2] and [3] and (b)[1] and [2] above shall be set back a minimum of 200 feet from the perimeter of the recreation open space tract where adjacent to properties zoned for residential use which are not owned by the tract owner or related tract applicant/owner entity.

(12) No existing local public street shall be utilized to provide access to a recreation open space tract development or any permitted conditional use.

§ 211-18 Residential Zone (R-2).

The following shall apply in the Residential Zone (R-2):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Detached single-family dwellings.[1]

[1] Editor's Note: Former Subsections A(2) through (4), which immediately followed this subsection and which provided for further permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.

(2) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(3) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

(4) Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. Permitted signs shall be as follows:

[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses. The following uses shall be permitted in the R-2 Zone, subject to the issuance of a conditional use permit:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[4]

[4] Editor's Note: Former Subsection E(2), concerning cluster-type developments, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-58.

(3) (Reserved)[5]

[5] Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be 20,000 square feet.

(2) The minimum lot width shall be 120 feet.

(3) The minimum lot depth shall be 150 feet.

(4) The minimum front yard setback shall be 40 feet.

(5) The minimum side yard setback shall be 20 feet.

(6) The minimum combined side yard setback shall be 40 feet.

(7) The minimum rear yard setback shall be 30 feet.

(8) The minimum accessory building side and rear yard setback shall be 15 feet, except as otherwise specified herein.

(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]

(11) [6]Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

[6] Editor’s Note: Former Subsection F(11) was renumbered as Subsection F(12) to accommodate the addition of this new Subsection F(11).

(12) Where sanitary sewers are not or cannot be made available, all residential developments shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[7]

[7] Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-58.

§ 211-19 Residential Zone (R-3).

The following shall apply in the Residential Zone (R-3):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Detached single-family dwellings.[1]

[1] Editor's Note: Former Subsections A(2) through (4), which immediately followed this subsection and which provided for further permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.

(2) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(3) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

(4) Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. Permitted signs shall be as follows:

[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[4]

[4] Editor's Note: Former Subsection E(2), concerning cluster-type residential developments, as amended, was repealed 8-5-1997 by Ord. No. 97-59.

(3) (Reserved)[5]

[5] Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be 15,000 square feet.

(2) The minimum lot width shall be 100 feet.

(3) The minimum lot depth shall be 125 feet.

(4) The minimum front yard setback shall be 40 feet.

(5) The minimum side yard setback shall be 20 feet.

(6) The minimum combined side yard setback shall be 40 feet.

(7) The minimum rear yard setback shall be 30 feet.

(8) The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified herein.

(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]

(11) [6]Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

[6] Editor’s Note: Former Subsection F(11) was renumbered as Subsection F(12) to accommodate the addition of this new Subsection F(11).

(12) Where sanitary sewers are not or cannot be made available, all residential developments shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[7]

[7] Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, added 1-21-1992 by Ord. No. 92-06, was repealed 8-5-1997 by Ord. No. 97-59.

G. (Reserved)[8]

[8] Editor's Note: Former Subsection G, concerning use of Pinelands development credits to increase density, added 2-20-1990 by Ord. No. 90-15, as amended, was repealed 11-5-2007 by Ord. No. 2007-98.

§ 211-20 Residential Zone (R-4).

The following shall apply in the Residential Zone (R-4):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Detached single-family dwellings.

(2) [1](Reserved)[2]

[1] Editor's Note: Former Subsections A(3) and (4), which immediately followed this subsection and which provided for essential services and government uses as permitted uses, were repealed 5-18-1993 by Ord. No. 93-31.

[2] Editor's Note: Former Subsection A(2), dealing with attached dwellings, was repealed 8-2-1994 by Ord. No. 94-57.

(3) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-45]

(4) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

(5) Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

(1) Private swimming pools.

(2) Private recreational buildings, clubs and activities of a quasi-public, social, fraternal or recreational character, such as golf and tennis clubs or fraternal organizations, provided that the same are clearly accessory or incidental to a permitted use and are not of a commercial character or nature.

D. Permitted signs shall be as follows:

(1) (Reserved)

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection E(1), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-45, was repealed 4-2-2002 by Ord. No. 2002-21.

(2) Planned retirement communities in accordance with the requirements of § 211-35I and Subsection G below.

[Added 8-2-1994 by Ord. No. 94-57]

F. Area, yard and building requirements for detached single-family dwellings shall be as follows:

(1) The minimum lot area shall be 10,000 square feet. No residential dwelling unit in the R-4 Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.

[Amended 6-18-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 3-4-2003 by Ord. No. 2003-25]

(2) The minimum lot width shall be 90 feet.

(3) The minimum lot depth shall be 100 feet.

(4) The minimum front yard setback shall be 25 feet.

(5) The minimum side yard setback shall be 15 feet.

(6) The minimum combined side yard setback shall be 30 feet.

(7) The minimum year yard setback shall be 30 feet.

(8) The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified elsewhere herein.

(9) The maximum building height shall be 35 feet.

(10) The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 50%. However, the maximum impervious surface coverage allowed shall increase to 55% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.

[Amended 3-20-2007 by Ord. No. 2007-34]

(11) Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

G. Planned retirement communities may be permitted in the R-4 Zone, provided that the following conditions are met:

[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19; 8-2-1994 by Ord. No. 94-57]

(1) A planned retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent residents who are persons 55 years of age or older as contained in the Fair Housing Act, as amended in 1988.[4]

[4] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(2) The minimum area of a planned retirement community shall be 40 contiguous acres; provided, however, that an area of less than 40 acres may be added to an existing planned retirement community if contiguous thereto and otherwise in compliance with the provisions of this chapter.

(3) The planned retirement community will be serviced by public sewer and water facilities.

(4) There shall not be more than three dwelling units per gross acre of the planned retirement community.

H. The following uses shall be permitted principal uses of buildings and structures in a planned retirement community:

[Amended 8-2-1994 by Ord. No. 94-57]

(1) Detached single-family dwellings.

(2) Two- to four-unit dwellings.

(3) Clubhouse/community buildings

(4) Fire stations.

(5) First aid stations.

(6) Essential services.

I. Required accessory uses in a planned retirement community shall be as follows:

[Added 8-2-1994 by Ord. No. 94-57]

(1) Off-street parking.

(2) On-site refuse disposal and recycling facilities.

J. Permitted accessory uses in a planned retirement community shall be as follows:

[Added 8-2-1994 by Ord. No. 94-57]

(1) Recreational and cultural facilities, including but not limited to the following: clubhouses, swimming pools, tennis courts, shuffleboard courts and picnic grounds.

(2) Buildings and structures for the maintenance or administration of the Planned Residential Community.

(3) Attached or detached garages and carports.

(4) Fences and walls.

(5) Gatehouses.

K. Permitted signs in a planned retirement community shall be as follows:

[Added 8-2-1994 by Ord. No. 94-57]

(1) One freestanding sign or identification structure not to exceed 40 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned retirement community, up to three identification signs may be permitted, provided that the collective square footage of all identification signs proposed do not exceed 40 square feet.

(2) One identification sign not to exceed the requirements herein for each approved permitted use shall be permitted.

(3) Only one freestanding sign per street frontage shall be permitted.

(4) All freestanding signs not specifically mentioned in Subsection K(1) shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 10 feet.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

L. Minimum area, yard and building requirements for a planned retirement community shall be as follows:

[Added 8-2-1994 by Ord. No. 94-57]

(1) No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.

(2) No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 75 feet of an existing public road.

(3) Minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:

(a) The minimum lot area shall be 6,000 square feet.

(b) The minimum lot width shall be 60 feet.

(c) The minimum lot frontage shall be 40 feet.

(d) The minimum lot depth shall be 85 feet.

(e) The minimum front yard setback shall be 25 feet.

(f) The minimum rear yard setback shall be 30 feet.

(g) The minimum side yard setback shall be eight feet.

(h) The minimum combined side yard setback shall be 20 feet.

(i) The maximum percent of building lot coverage shall be 50%. The maximum percent of impervious surface coverage on any lot shall be 60%. However, the maximum impervious surface coverage allowed shall increase to 65% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.

[Added 3-20-2007 by Ord. No. 2007-34]

(j) Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

(4) Minimum requirements for two-, three- and four-family dwellings shall be as follows:

(a) The minimum lot area shall be 5,500 square feet per dwelling unit.

(b) The minimum front yard setback shall be 25 feet.

(c) The minimum rear yard setback shall be 30 feet.

(d) The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.

(5) Building height shall be as follows:

(a) No building or structure utilized for residential use shall exceed 25 feet in height, except that in those eases where lot area is 7,000 square feet or greater, maximum building height shall be 35 feet. No building or structure utilized for residential use shall contain more than two usable floor levels measured vertically at any point in the building above grade.

[Amended 2-4-2003 by Ord. No. 2003-08]

(b) The maximum height of any nonresidential building or structure shall be 35 feet.

M. Open space and recreation in planned retirement communities shall be as follows:

[Added 8-2-1994 by Ord. No. 94-57]

(1) A minimum of 25% of the tract area of a planned retirement community shall be designated for open space and active and passive recreation for the residents of the PRC, provided that the Planning Board, in its sole discretion, may grant a reduction in the amount of required common open space based upon the following guidelines:

(a) The Planning Board may reduce the amount of required open space and recreation to 20% of the tract area of a PRC, provided that the developer of the PRC provides at least one clubhouse or community building for the PRC residents. Said clubhouse(s) shall provide a minimum of six square feet of clubhouse building area for each proposed dwelling unit within the PRC. The clubhouse or community building shall be constructed and operational prior to the issuance of the certificate of occupancy for the dwelling unit representing 50% of the total units in the approved PRC development plan. The developer shall post appropriate guaranties, prior to the issuance of any certificates of occupancy within the PRC, to ensure construction of the clubhouse facilities.

(2) In addition to Subsection M(1)(a) above, the Planning Board may grant reductions in the amount of total open space required. However, in no case shall such reduction result in the amount of open space and recreation being less than 15% of the tract area of the PRC, based upon the following criteria:

(a) The amount, quality and functionality of passive open space areas to be preserved and/or created are determined by the Board to be sufficient for the PRC residents.

(b) The amount, quality and types of active recreation to be provided are determined by the Board to be sufficient.

(3) Lands used or deeded to public agencies for roads, streets or utilities, including easements, shall not be defined as open space. However, bodies of water located within the tract may be counted as open space.

(4) All lands set aside for open space shall be developed with active and passive recreation facilities to service the needs of the residents of the PRC. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionality of the lands set aside for open space.

(5) There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas shall be an integral part of the development and shall be located to best suit the purpose for which they are intended.

N. Off-street parking. Off-street parking requirements within a planned retirement community shall be as follows:

[Added 8-2-1994 by Ord. No. 94-57]

(1) Off-street parking spaces for dwelling units shall be provided in accordance with § 130-81.

[Amended 6-24-1997 by Ord. No. 97-50]

(2) A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.

(3) All other uses, in accordance with § 130-81 of the Stafford Township Code.

O. Improvements. Unless otherwise specified in this section, all public and private on- and off-site improvements related to the development of a planned retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Stafford Township Code.

[Added 8-2-1994 by Ord. No. 94-57]

P. Streets.

[Added 8-2-1994 by Ord. No. 94-57]

(1) With the exception of streets and roadways designated as public roadways pursuant to the Circulation Plan Element of the Master Plan, streets and roadways within any planned retirement community may be accepted as public roadways, at the sole option of the Township Council, or privately owned, operated and maintained by a homeowners' association or analogous body. No residential lot or structure shall have direct access to any designated collector roadway contained in the Circulation Plan Element of the Master Plan. Residential lots may have frontage along such Master Plan designated collector roadways, provided that:

(a) Access to the lot is to be via a local street;

(b) The required lot depth and required setback from the Master Plan designated collector roadway are each increased by a minimum of 20 feet; and

(c) Direct access to the Master Plan roadway from said lots is precluded by appropriate enforceable legal instrument.

(2) The Planning Board may require landscaping or supplemental plantings within the additional setback area as required to buffer proposed residences.

Q. Maintenance and ownership of common property and improvements in a planned retirement community. The ownership and maintenance of the common areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The developer shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the association shall cease to function through lack of participation of its members or be dissolved, the Township of Stafford shall have the right by special assessment to assess the owners of property in the development, annually, a sum of money which would be sufficient to pay the taxes on said common properties and improvements and for the proper upkeep, maintenance and preservation of the same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Stafford by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the developer, association or any other party in interest and to all lot owners of property in the PRC. A statement containing the provisions of this section shall be filed with the Clerk of Ocean County as part of the Declaration of Covenants, Conditions and Restrictions. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.

[Added 8-2-1994 by Ord. No. 94-57]

R. Use of Pinelands development credits to increase density.

[Amended 8-2-1994 by Ord. No. 94-57]

(1) An owner or developer in the R-4 Zone may be permitted an increase in density within a planned retirement community, provided that application is made to the Stafford Township Planning Board for a conditional use permit and the following standards and criteria can be met:

(a) An increase in the density of residential development involving the use of Pinelands development credits shall only be authorized on final site plan or subdivision approval, provided that sanitary sewers are or will be made available to the subject property as part of the conditional use permit, subdivision and/or site plan application.

(b) No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 211-9D(4) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 7-3-2001 by Ord. No. 2001-45]

(c) A density of one residential unit shall be yielded for each twenty-five hundredths (0.25) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed a gross density of six dwelling units per acre.

(d) Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land.

(e) Except as provided in Subsection R(1)(b) above, no development involving the use of Pinelands development credits shall be carried out until the developer has provided the Township with jurisdiction over the parcel of land from which the Pinelands development credits were obtained and has provided the Planning Board of Stafford Township and the Commission with evidence of recordation of a restriction on the deed to the land from which development credits were obtained.

(2) Area, yard, buildings and density requirements within a planned retirement community. For development in accordance with this section within a planned retirement community, the following requirements shall apply:

(a) The maximum gross density of the planned retirement community shall not exceed six dwelling units per acre.

(b) The minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:

[1] The minimum lot area shall be 5,500 square feet.

[2] The minimum lot width shall be 55 feet.

[3] The minimum lot frontage shall be 40 feet.

[4] The minimum lot depth shall be 85 feet.

[5] The minimum front yard setback shall be 25 feet.

[6] The minimum rear yard setback shall be 25 feet.

[7] The minimum side yard setback shall be seven feet.

[8] The minimum combined side yard setback shall be 15 feet.

(c) The minimum requirements for two- , three- and four-family dwellings shall be as follows:

[1] The minimum lot area shall be 4,500 square feet per dwelling unit.

[2] The minimum front yard setback shall be 25 feet.

[3] The minimum rear yard setback shall be 30 feet.

[4] The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.

(d) Building height shall be as follows:

[1] No building or structure utilized for residential use shall exceed 25 feet in height nor contain more than two usable floor levels measured vertically at any point in the building above grade.

[2] The maximum height of any nonresidential building or structure shall be 35 feet.

(3) Area, yard and bulk regulations shall be as currently specified in this section, except that, where an approved and functioning sanitary sewage collection system is not available, the minimum lot size shall be one acre, provided that the septic system meets the water quality standards set forth in § 211-9G(8). In the event that a property owner has secured a waiver from the Pinelands Commission which permits the use of a septic system on less than one acre, the same shall be accepted by the Township.

§ 211-21 Residential Zone (R-90).

The following shall apply in the Residential Zone (R-90):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Detached single-family dwellings.

(2) Parks and playgrounds.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), which provided for essential services as a permitted use, was repealed 2-7-1995 by Ord. No. 95-24. Former Subsections A(4) and (5), which immediately followed this subsection and which provided for government uses and churches and other places of worship as permitted uses, were repealed 5-18-1993 by Ord. No. 93-31.

(4) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

(6) Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. Permitted signs shall be as follows:

[Amended 5-18-1993 by Ord. No. 93-31]

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[4]

[4] Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be 9,000 square feet. No residential dwelling unit in the R-90 Zone shall be located on a parcel of less than one acre unless served by either a sanitary sewer system or a community on-site waste water treatment system serving two or more residential dwelling units which meets the standards of § 211-9G(8)(b)[5] or [7], provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.

[Amended 8-16-1988 by Ord. No. 88-65; 11-24-1992 by Ord. No. 92-77; 3-4-2003 by Ord. No. 2003-25]

(2) The minimum lot width shall be 75 feet.

(3) The minimum lot depth shall be 110 feet.

[Amended 8-6-1991 by Ord. No. 91-43]

(4) The minimum front yard setback shall be 35 feet.

(5) The minimum side yard setback shall be 10 feet.

(6) The minimum combined side yard setback shall be 25 feet.

(7) The minimum rear yard setback shall be 30 feet.

(8) The minimum accessory building side yard setback shall be 10 feet and a rear yard of five feet.

[Amended 1-16-1996 by Ord. No. 96-12]

(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]

[5] Editor’s Note: Former Subsection F(11), (12) and (13) was renumbered as Subsection F(12), (13) and (14), respectively, to accommodate the addition of this new Subsection F(11).

(12) The minimum lot frontage shall be 50 feet, provided that all corner lots shall have a minimum of 90 feet along both street frontages.

[Amended 10-16-1990 by Ord. No. 90-58]

(13) [6]The minimum rear yard setback for opened structures such as decks or attached seasonal or screened enclosures, whether on the first or second floor, shall be 15 feet.

[Amended 1-16-1996 by Ord. No. 96-12]

[6] Editor's Note: Former Subsection F(12), which provided for a minimum front yard setback along any existing or proposed collector street, was repealed 4-17-1990 by Ord. No. 90-32. Said ordinance also redesignated former Subsection F(13) as Subsection F(12).

(14) The Township of Stafford recognizes that there are a large number of lots of record which do not meet the lot width or depth requirements of § 211-21F(2) and (3) for the issuance of a building permit. In order to allow the development of these lots without the necessity of appearing before the Board of Adjustment for the issuance of a variance, the Township believes that an exception should be allowed for the development of these lots. Therefore, lots of record which existed prior to the adoption of this subsection shall be entitled to receive a building permit notwithstanding the failure of such a lot to meet the requirements of lot depth and width as set forth in § 211-21F(2) and (3), provided that such lot of record meets all other requirements of § 211-21F. The provisions of this Subsection F(14) shall not apply to any lot of record located within the Pinelands Preservation Area.

[Added 9-20-1994 by Ord. No. 94-89]

G. Use of Pinelands development credits to increase density.

(1) An owner or developer may construct single-family detached dwellings on lots of less than 9,000 square feet in a portion of the R-90 Zone, provided that application is made to the Stafford Township Planning Board for a conditional use permit and the following standards and criteria can be met:

(a) The property, properties, lot or lots which are the subject of the application for a conditional use permit shall be part and parcel of or situated in one or more of the following blocks: Block 44-173, Block 44-181, Block 44-182, Block 44-183, Block 44-184, Block 44-184.01, Block 44-185, Block 44-186, Block 44-187 and Block 44-188. Said blocks containing that property, land area and acreage as currently delineated on the Stafford Township Tax Map sheets and so designated and defined are shown on the map attached hereto and adopted as part of this chapter. Pinelands development credits shall only be transferred to those blocks and lots in the R-90 Zone designated in this subsection and shown on the map attached hereto. The transfer of Pinelands development credits to any other portion of the R-90 Zone or any other zoning district in the Township is strictly prohibited.

(b) An increase in the density of a residential development shall only be authorized, provided that sanitary sewers are or will be made available to the subject property as part of the conditional use permit, subdivision and/or site plan application.

(c) An increase in the density of residential development shall only be authorized to applicants or developers who show and provide proof of ownership of Pinelands development credits.

(d) A density of one residential unit shall be yielded for each twenty-five hundredths (0.25) of a Pinelands development credit redeemed. In no event, however, shall the number of dwelling units to which an applicant is entitled exceed one and one-half (1 1/2) times the number otherwise permitted or a gross density of six dwelling units per acre.

(e) Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in that portion of the R-90 Zone specified in Subsection G(1)(a) above.

(f) (Reserved)[7]

[7] Editor's Note: Former Subsection G(1)(f) regarding the developer providing evidence of ownership of the requisite Pinelands development credits, as amended 8-16-1988 by Ord. No. 88-65, was repealed 7-3-2001 by Ord. No. 2001-45.

(g) (Reserved)[8]

[8] Editor's Note: Former Subsection G(1)(g) which dealt with the use of Pinelands development credits for developments which exceed the maximum density for the district and which was added 8-16-1988 by Ord. No. 88-65, was repealed 2-21-1989 by Ord. No. 89-19.

(2) Area, yard and building requirements. For development of single-family detached dwellings in accordance with this section, the following requirements shall apply:

(a) The minimum lot area shall be 6,000 square feet.

(b) The minimum lot width shall be 60 feet.

(c) The minimum lot frontage shall be 50 feet.

(d) The minimum lot depth shall be 90 feet.

(e) The minimum front yard setback shall be 25 feet.

(f) The minimum side yard setback shall be eight feet; combined, 20 feet.

(g) The minimum rear yard setback shall be 20 feet.

(h) The minimum accessory setback shall be 10 feet.

(i) The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 60%. However, the maximum impervious surface coverage allowed shall increase to 65% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.

[Added 3-20-2007 by Ord. No. 2007-34]

(j) Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

(3) Area, yard and bulk regulations shall be as currently specified in this section, except that, where an approved and functioning sanitary sewage collection system is not available, the minimum lot size shall be one acre.

[Amended 8-16-1988 by Ord. No. 88-65; 2-21-1989 by Ord. No. 89-19]

§ 211-22 Residential Zone (R-75).

The following shall apply in the Residential Zone (R-75):

A. Permitted uses shall be as follows:

(1) Detached single-family dwellings.

(2) [1]Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

[1] Editor's Note: Former Subsection A(2), which provided for government buildings, including schools, libraries, museums parks and playgrounds, as permitted uses, was repealed 2-7-1995 by Ord. No. 95-24.

(3) (Reserved)[2]

[2] Editor's Note: Former Subsection A(3), which provided for essential services as permitted uses, was repealed 2-7-1995 by Ord. No. 95-24.

(4) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(5) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. Permitted signs.

[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) [5]Churches and other places of worship, subject to the provisions of § 211-35L. In addition, property must be situated in the Manahawkin area of the Township, north of Route 72 and east of Route 9.

[Added 4-15-2003 by Ord. No. 2003-40]

[5] Editor's Note: Former Subsection E(2), which provided for churches and other places of worship as conditional uses, as amended 5-18-1993 by Ord. No. 93-32, was repealed 2-7-1995 by Ord. No. 95-24.

(3) (Reserved)[6]

[6] Editor's Note: Former Subsection E(3), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be 7,500 square feet.

(2) The minimum lot width shall be 75 feet.

(3) The minimum lot depth shall be 100 feet.

(4) The minimum front yard setback shall be 25 feet.

(5) The minimum side yard setback shall be 10 feet.

(6) The minimum combined side yard setback shall be 20 feet.

(7) The minimum rear yard setback shall be 20 feet.

(8) The minimum accessory building side yard setback shall be 10 feet and a rear yard setback of five feet.

[Amended 1-16-1996 by Ord. No. 96-12]

(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]

(11) [7]Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

[7] Editor’s Note: Former Subsection F(11) and (12) was renumbered as Subsection F(12) and (13) to accommodate the addition of this new Subsection F(11).

(12) The minimum lot frontage shall be 50 feet, provide that all corner lots shall have a minimum of 100 feet along both street frontages.

(13) The minimum rear yard setback from opened structures such as decks or attached seasonal or screened enclosures, whether on the first or second floor, shall be 15 feet.

[Amended 1-16-1996 by Ord. No. 96-12]

§ 211-23 Residential Zone (RR-1).

The following shall apply in the Residential Zone (RR-1):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Detached single-family dwellings.[1]

[1] Editor's Note: Former Subsections A(2) and (3), which immediately followed this subsection and which provided for government uses and essential services as permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.

(2) [2]Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

[2] Editor's Note: Former Subsection A(2), which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.

(3) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(4) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

(6) Outdoor showers located in the rear yard.

[Added 11-24-2020 by Ord. No. 2020-39]

D. Permitted signs.

[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

[Amended 1-16-1996 by Ord. No. 96-12; 3-20-2007 by Ord. No. 2007-34; 5-21-2024 by Ord. No. 2024-14]

(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. Pools adjacent to a bulkhead require the appropriate CAFRA approvals.

(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.

(11) Internal walkways and patios shall be set back at least three feet from the lot line.

(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 lagoon-front properties, meaning setback from opened structures, such as decks, whether on the first or second floor, shall be 10 feet.

§ 211-24 Residential Zone (RR-2).

The following shall apply in the Residential Zone (RR-2):

A. Permitted uses shall be as follows:

(1) Detached single-family dwellings.[1]

[1] Editor's Note: Former Subsections A(2) and (3), which immediately followed this subsection and which provided for government uses and essential services as permitted uses, were repealed 5-18-1993 by Ord. No. 93-32.

(2) [2]Parks and playgounds.

[Added 11-5-2007 by Ord. No. 2007-98]

[2] Editor's Note: Former Subsection A(2), which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.

(3) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(4) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

(6) Outdoor showers located in the rear yard.

[Added 11-24-2020 by Ord. No. 2020-39]

D. Permitted signs.

[Amended 5-16-1989 by Ord. No. 89-38; 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses, shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

[Amended 1-16-1996 by Ord. No. 96-12; 3-20-2007 by Ord. No. 2007-34; 5-21-2024 by Ord. No. 2024-14]

(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. Pools adjacent to a bulkhead require the appropriate CAFRA approvals.

(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.

(11) Internal walkways and patios shall be set back at least three feet from the lot line.

(12) The minimum rear yard setback for lagoon front properties, meaning setback from opened structures, such as decks, whether on the first or second floor, shall be 10 feet.

§ 211-24.1 Residential Zone (RR-2A).

[Added 7-3-1990 by Ord. No. 90-28]

The following shall apply in the Residential Zone (RR-2A):

A. Permitted uses shall be as follows:

(1) Detached single-family dwellings.[1]

[1] Editor's Note: Former Subsections A(2) and (3) which provided for further permitted uses and which immediately followed this subsection were repealed 5-18-1993 by Ord. No. 93-32.

(2) [2]Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

[2] Editor's Note: Former Subsection A(2), which provided for essential services as a permitted use, as added 5-3-1994 by Ord. No. 94-43, was repealed 2-7-1995 by Ord. No. 95-24.

(3) Family day-care homes.

[Added 5-3-1994 by Ord. No. 94-43]

(4) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries, as defined in N.J.S.A. 40:55D-66.2. The requirements for such residences shall be the same as for single-family dwelling units within this zone.

[Added 5-3-1994 by Ord. No. 94-45; amended 4-2-2002 by Ord. No. 2002-21]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage shed.

(4) Detached garage.

(5) Home occupations subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

(6) Outdoor showers located in the rear yard.

[Added 11-24-2020 by Ord. No. 2020-39]

D. Permitted signs.

[Amended 5-18-1993 by Ord. No. 93-32]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(2) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional use shall be as follows:

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection E(2), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements shall be as follows:

[Amended 1-16-1996 by Ord. No. 96-12; 3-20-2007 by Ord. No. 2007-34; 5-4-2010 by Ord. No. 2010-15; 5-21-2024 by Ord. No. 2024-14]

(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. Pools adjacent to a bulkhead require the appropriate CAFRA approvals.

(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.

(11) Internal walkways and patios shall be set back at least three feet from the lot line.

(12) Minimum rear yard setback for lagoon front properties, meaning setback from opened structures, such as decks, whether on first or second floor: 10 feet.

(13) (Reserved)

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

[Amended 8-16-1988 by Ord. No. 88-64; 5-16-1989 by Ord. No. 89-38; 9-15-1992 by Ord. No. 92-57; 5-18-1993 by Ord. No. 93-32; 5-3-1994 by Ord. No. 94-43]

A. Permitted uses shall be as follows:

[Amended 2-7-1995 by Ord. No. 95-20]

(1) Detached single-family dwellings.

(2) Parks and playgrounds.

[Added 11-5-2007 by Ord. No. 2007-98]

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupation uses subject to the provisions of § 211-35U.

[Added 6-24-1997 by Ord. No. 97-44]

D. Permitted signs shall be as follows:

(1) One lighted home occupation or home professional office announcement sign conforming to the requirements herein shall be permitted.

(2) One identification sign for each permitted use conforming to the requirements herein shall be permitted.

(3) Only one freestanding sign per street frontage shall be permitted.

(4) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 30 inches.

[Amended 11-5-2007 by Ord. No. 2007-98]

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses shall be as follows:

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection E(1), concerning home occupations, as amended, was repealed 6-24-1997 by Ord. No. 97-44.

(2) (Reserved)[2]

[2] Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.

(3) (Reserved)[3]

[3] Editor's Note: Former Subsection E(3), concerning cluster-type developments, was repealed 8-5-1997 by Ord. No. 97-58.

(4) Planned retirement community (PRC) in accordance with the requirements of § 211-25G and I herein.

(5) Planned mobile home park retirement community in accordance with requirements of § 211-25R, S and T herein.

[Added 9-5-1995 by Ord. No. 95-84]

F. Area, yard and building requirements shall be as follows:

(1) The minimum lot area shall be 15,000 square feet.

(2) The minimum lot width shall be 100 feet.

(3) The minimum lot depth shall be 125 feet.

(4) The minimum front yard setback shall be 40 feet.

(5) The minimum side yard setback shall be 20 feet.

(6) The minimum combined side yard setback shall be 40 feet.

(7) The minimum rear yard setback shall be 30 feet.

(8) The minimum accessory building side and rear yard setback shall be 10 feet, except as otherwise specified herein.

(9) The maximum building height shall be 35 feet.

(10) The maximum percent of building lot coverage shall be 30%. The maximum percent of impervious surface coverage on any lot shall be 45%. However, the maximum impervious surface coverage allowed shall increase to 50% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.

[Amended 3-20-2007 by Ord. No. 2007-34]

(11) [4]Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

[4] Editor’s Note: Former Subsection F(11) and (12) was renumbered as Subsection F(12) and (13), respectively, to accommodate the addition of this new Subsection F(11).

(12) Where public sanitary sewers are not provided, all residential development shall comply with the area, yard and building requirements of the Rural Residential Zone (RA).[5]

[5] Editor's Note: Former Subsection F(12), Cluster developments, which immediately followed this subsection, was repealed 8-5-1997 by Ord. No. 97-58.

G. Planned retirement communities may be permitted in the R-3/PRC Zone, provided that the following conditions are met:

(1) A planned retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent residents who are persons 55 years of age or older; as contained in the Fair Housing Act, as amended in 1988.[6]

[6] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(2) The minimum area of a planned retirement community shall be 50 contiguous acres; provided, however, that an area of less than 50 acres may be added to a planned retirement community if contiguous thereto and in compliance with the provisions of this chapter.

(3) The planned retirement community will be serviced by public sewer and water facilities.

(4) There shall not be more than 4 1/2 dwelling units per gross acre of the planned retirement community.

(5) The planned retirement community shall have direct access to a collector road designed and constructed in accordance with the Circulation Plan Element of the Master Plan, and said collector road shall have direct connection with Route 72 at a location consistent with the Circulation Plan Element of the Master Plan and approved by the Planning Board and New Jersey Department of Transportation (NJDOT).

H. The following uses shall be permitted principal uses of buildings and structures in a planned retirement community:

(1) Detached single-family dwellings.

(2) Two- to four-unit dwellings.

(3) Clubhouse/community buildings.

(4) Open space and recreational uses and facilities.

(5) Fire stations.

(6) First aid stations.

(7) Essential services.

(8) Golf courses.

I. Required accessory uses in a planned retirement community shall be as follows:

(1) Off-street parking.

(2) On-site refuse disposal and recycling facilities.

J. Permitted accessory uses in a planned retirement community shall be as follows:

(1) Recreational and cultural facilities, including but not limited to the following: clubhouses, swimming pools, tennis courts, golf courses, shuffleboard courts and picnic grounds.

(2) Buildings and structures for the maintenance or administration of the Planned Residential Community.

(3) Attached or detached garages and carports.

(4) Fences and walls.

(5) Gatehouses.

K. Permitted signs in a planned retirement community shall be as follows:

(1) One freestanding sign or identification structure not to exceed 40 square feet in area for the purpose of identifying the name of the community or project shall be permitted. Where there is more than one main ingress route to a planned retirement community, up to three identification signs may be permitted, provided that the collective square footage of all identification signs proposed do not exceed 40 square feet.

(2) One identification sign not to exceed the requirements herein for each approved permitted use shall be permitted.

(3) Only one freestanding sign per street frontage shall be permitted.

(4) All freestanding signs not specifically mentioned in Subsection K(1) shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 10 feet.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

L. Minimum area, yard and building requirements for a planned retirement community shall be as follows:

(1) No building or structure, other than entrance guardhouses, gatehouses, walls or fences, shall be located within 50 feet of any exterior boundary line of the tract.

(2) No building or structure, other than an entrance guardhouses, gatehouses, walls or fences, shall be located within 75 feet of an existing public road.

(3) Minimum lot area, yard and building requirements for detached single-family dwellings shall be as follows:

(a) The minimum lot area shall be 6,000 square feet.

(b) The minimum lot width shall be 60 feet.

(c) The minimum lot frontage shall be 40 feet.

(d) The minimum lot depth shall be 85 feet.

(e) The minimum front yard setback shall be 25 feet.

(f) The minimum rear yard setback shall be 30 feet.

(g) The minimum side yard setback shall be eight feet.

(h) The minimum combined side yard setback shall be 20 feet.

(i) The maximum percent of building lot coverage shall be 40%. The maximum percent of impervious surface coverage on any lot shall be 55%. However, the maximum impervious surface coverage allowed shall increase to 60% upon the installation of dry wells for all roof runoff, in accordance with the standards delineated within § 130-72E.

[Added 3-20-2007 by Ord. No. 2007-34]

(j) Internal walkways and patios shall be set back at least three feet from the lot line.

[Added 3-20-2007 by Ord. No. 2007-34]

(4) Minimum requirements for two-, three- and four-family dwellings shall be as follows:

(a) The minimum lot area shall be 5,500 square feet per dwelling unit.

[Amended 5-31-1994 by Ord. No. 94-48]

(b) The minimum front yard setback shall be 25 feet.

(c) The minimum rear yard setback shall be 30 feet.

(d) The minimum side yard setback shall be 10 feet, provided that the minimum distance between buildings shall be 25 feet.

(5) Building height shall be as follows:

(a) No building or structure utilized for residential use shall exceed 25 feet in height nor contain more than two usable floor levels measured vertically at any point in the building above grade.

(b) The maximum height of any nonresidential building or structure shall be 35 feet.

M. Open space and recreation in planned retirement communities shall be as follows:

(1) A minimum of 25% of the tract area of a planned retirement community shall be designated for common open space and active and passive recreation for the residents of the PRC, provided that the Planning Board in its sole discretion may grant a reduction in the amount of required common open space based upon the following guidelines:

(a) The Planning Board may reduce the amount of required common open space and recreation to 20% of the tract area of a PRC, provided that the developer of the PRC provides at least one clubhouse or community building for the PRC residents. Said clubhouse(s) shall provide a minimum of six square feet of clubhouse building area for each proposed dwelling unit within the PRC. The clubhouse or community building shall be constructed and operational prior to the issuance of the certificate of occupancy for the dwelling unit representing 50% of the total units in the approved PRC development plan. The development shall post appropriate guaranties, prior to the issuance of any certificates of occupancy within the PRC, to ensure construction of the clubhouse facilities.

(2) In addition to Subsection M(1)(a) above, the Planning Board may grant reductions in the amount of total common open space required; however, in no case shall such reduction result in the amount of common open space and recreation to be less than 15% of the tract area of the PRC, based upon the following criteria:

(a) The amount, quality and functionality of passive open space areas to be preserved and/or created are determined by the Board to be sufficient for the PRC residents; and

(b) The amount, quality and types of active recreation to be provided are determined by the Board to be sufficient.

(3) Lands used or deeded to public agencies for roads, streets or utilities, including easements, shall not be defined as common open space. However, bodies of water located within the tract may be counted as common open space.

(4) All lands set aside for open space shall be developed with active and passive recreation facilities to service the needs of the residents of the PRC. The Planning Board shall have complete and final determination as to the adequacy, usefulness and functionality of the lands set aside for open space.

(5) There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas shall be an integral part of the development and shall be located to best suit the purpose for which they are intended.

N. Off-street parking. Off-street parking requirements within a planned retirement community shall be as follows:

(1) Off-street parking requirements for dwelling units within a planned retirement community shall be provided in accordance with § 130-81.

[Amended 6-24-1997 by Ord. No. 97-50]

(2) A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.

(3) All other uses, in accordance with § 130-81 of the Stafford Township Code.

O. Improvements. Unless otherwise specified in this section, all public and private on-site and off-site improvements related to the development of a planned retirement community shall be in accordance with the standards, criteria and requirements of this chapter and Chapter 130, Land Use and Development, of the Stafford Township Code.

P. Streets. With the exception of streets and roadways designated pursuant to the Circulation Plan Element of the Master Plan, which shall be public roadways, streets and roadways within any planned retirement community may be either dedicated to the public use, at the sole option of the Township Council, or privately owned, operated and maintained by a homeowners' association or analogous body. No residential lot or structure shall have direct access to any designated collector roadway contained in the Circulation Plan Element of the Master Plan. Residential lots may have frontage along such Master Plan designated roadways, provided that access to the lot is to be via a local street; and further provided that the required lot depth and required setback from the Master Plan designated roadway are each increased by a minimum of 20 feet, and direct access to the Master Plan roadway from said lots is precluded by appropriate enforceable legal instrument. The Planning Board may require landscaping or supplemental plantings within the additional setback area as required to buffer proposed residences.

Q. Maintenance and ownership of common property and improvements in planned retirement community. The ownership and maintenance of the common areas, private roadways, driveways, common courtyards, recreational areas, lakes and other improvements not intended to be individually owned shall be provided by an association organized under the nonprofit corporation statute of the State of New Jersey (Title 15) and formed for that purpose. The developer shall, in the form of restrictions and covenants to be recorded, provide that title to the aforesaid enumerated areas shall be conveyed to said association, whose members shall be owners of lots or other interests, or to such other persons as a majority of the members shall designate from time to time by duly adopted bylaws. Said restrictions and covenants shall also provide that, in the event that the association shall cease to function through lack of participation of its members or be dissolved, the Township of Stafford shall have the right by special assessment to assess the owners of property in the development, annually, a sum of money which would be sufficient to pay the taxes on said common properties and improvements and for the proper upkeep, maintenance and preservation of the same. Such restrictions and covenants shall further provide that the same shall not be altered, amended, voided or released, in whole or in part, without the written consent of the Township of Stafford by resolution duly adopted at a regular meeting of the Township Council and except upon proper notice being given by the developer, association or any other party in interest and to all lot owners of property in the PRC. A statement containing the provisions of this section shall be filed with the Clerk of Ocean County as part of the Declaration of Covenants, Conditions and Restrictions. In addition, any contract of sale to any prospective purchaser by the developer shall contain a contract provision disclosing the requirement to join the homeowners' association and the nature of the fees that will be charged to the purchaser as a homeowner by virtue of being a member of such homeowners' association.

R. Planned mobile home park retirement community. Planned mobile home park retirement communities may be permitted in those zones specified, subject to the issuances of a conditional use permit in accordance with the following conditions:

[Added 9-5-1995 by Ord. No. 95-84]

(1) A planned mobile home park retirement community shall be an area developed according to a plan as a single entity for the benefit of the permanent senior citizen residents as contained in the Fair Housing Act, as amended in 1988.[7]

[7] Editor's Note: See N.J.S.A. 52:27D-301 et seq.

(2) The minimum area of a planned mobile home park retirement community shall be 100 contiguous acres.

(3) The planned mobile home park retirement community shall be serviced by public sewer and water facilities.

(4) There shall not be more than 4 1/2 dwelling units per gross acre of the planned mobile home park retirement community.

(5) The planned mobile home park retirement community shall have access to a collector road designed and constructed in accordance with the Circulation Plan Element of the Master Plan, and said collector road shall have connection with Route 72 at a location consistent with the Circulation Plan Element of the Master Plan and approved by the Township, the Planning Board and New Jersey Department of Transportation (NJDOT).

(6) Twenty percent of the units within a planned mobile home park retirement community shall be set aside for occupancy by low- and moderate-income residents. A minimum of 10% of the units within the mobile home park retirement community shall be set aside for occupancy by low-income persons and up to 10% of the units for moderate-income persons, however, additional low-income units may be provided at the developer's discretion.

(7) The existence of a valid stipulation of settlement agreement 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]

(1) Permitted principal uses shall include the following:

(a) Detached single-family manufactured or mobile homes.

(b) Essential services.

(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:

(a) Off-street parking requirements for dwelling units within a planned mobile home retirement community shall be provided in accordance § 130-81.

[Amended 6-24-1997 by Ord. No. 97-50]

(b) A minimum of one parking space per 100 square feet of gross floor area of the community building or clubhouse.

(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.

(i) The provisions of § 130-51I and J 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.

(8) (Reserved)[9]

[9] Editor's Note: Former Subsection T(8), Solar access, was repealed 9-17-2002 by Ord. No. 2002-78.

(9) (Reserved)[10]

[10] Editor's Note: Former Subsection T(9), Energy conservation, was repealed 9-17-2002 by Ord. No. 2002-78.

(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.

§ 211-25.1 Wellhead Protection Overlay Zone (WPO). [1]

[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. The following activities or uses are exempted from the requirements of § 211-25.1B and C:

(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.

§ 211-25.2 Mixed Use Zone (MU).

[Added 11-5-2007 by Ord. No. 2007-98[1]; amended 7-1-2008 by Ord. No. 2008-58]

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:

[1] At least 800 square feet or 25% of the lot area (whichever is greater) on lots with street frontage of less than 50 feet; or

[2] At least 20% of the lot area on lots with 50 feet of street frontage or more.

(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:

(1) Home occupations, subject to the provisions of § 211-35U.

(2) (Reserved)

(3) Multifamily dwellings, provided that the standards set forth in Subsection H below are met.

(4) Townhouses, provided that the standards set forth in Subsection H below are met.

D. Prohibited uses. All uses not expressly permitted in this zone are prohibited.

E. Permitted accessory uses shall be as follows:

(1) Private swimming pools and tennis courts as part of a residential development.

(2) Parking areas.

F. Required off-street parking shall be as follows:

(1) Nonresidential uses: Refer to § 130-81 design requirements and minimum parking requirements.

(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:

(a) Front setback:

[Amended 11-20-2018 by Ord. No. 2018-24]

[1] Minimum: 25 feet.

[2] Maximum: 35 feet.

(b) Side yard:

[1] Minimum: 10 feet.

[2] Maximum: 20 feet.

(c) Minimum rear yard: 15 feet.

[Amended 11-20-2018 by Ord. No. 2018-24]

(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.

(8) Open space requirements shall be subject to § 130-51.

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:

(a) Be pedestrian in its focus.

(b) Distribute parking so as to minimize multiple vehicle trips within the development project and encourage pedestrian mobility within the site.

(c) Be compatible with and complement adjacent land uses.

(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.

(d) Lighting: reference § 130-84.

(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.

(a) Loading areas and recycling and refuse storage facilities shall be completely screened from view from adjacent residential portions of the project or other adjacent residential uses.

(b) Roof-mounted equipment shall be completely screened from public view from the ground elevation.

(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).

O. Where conflicts exist between requirements of § 211-25.2 and standards or requirements delineated within Chapter 130, Land Use and Development, the provisions of § 211-25.2 shall supersede.

[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.

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

[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.

D. Permitted signs shall be as follows:

(1) Same as for the Mixed Use (MU) Zone.

E. Conditional uses shall include the following:

(1) (Reserved)

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.

§ 211-26 Local Business Zone (LB).

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]

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection A(1), Detached single-family dwellings, amended 7-11-1989 by Ord. No. 89-43, was repealed 11-5-2007 by Ord. No. 2007-98.

(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.

(4) (Reserved)[2]

[2] Editor's Note: Former Subsection A(4), Boatyards, boat sales and outside boat storage, was repealed 11-5-2007 by Ord. No. 2007-98.

(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]

(13) (Reserved)[3]

[3] Editor's Note: Former Subsection A(13), Self-storage facilities, was repealed 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]

(17) (Reserved)[4]

[4] Editor's Note: Former Subsection A(17), Lumber and building materials dealers, added 3-19-1991 by Ord. No. 91-20, was repealed 11-2-2007 by Ord. No. 2007-98.

(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]

(25) (Reserved)[5]

[5] Editor's Note: Former Subsection A(25), Motor vehicle repair garages, added 1-18-2000 by Ord. No. 2000-19, was repealed 11-5-2007 by Ord. No. 2007-98.

(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.

(27) Self-storage facilities, subject to the self-storage conditions and standards outlined in § 211-35.

[Added 9-26-2017 by Ord. No. 2017-22]

B. Required accessory uses shall be as follows. When any two or more commercial uses and activities are combined in one building or group of attached buildings, each commercial activity shall be considered a separate use for the purposes of providing off-street parking and loading, except as provided elsewhere herein.

(1) Off-street parking.

(2) Off-street loading.

C. Permitted accessory uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

D. (Reserved)[6]

[6] Editor's Note: Former Subsection D, Permitted signs, as amended 5-16-1989 by Ord. No. 89-38 and 4-7-1992 by Ord. No. 92-14, was repealed 9-7-1999 by Ord. No. 99-58.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[7]

[7] Editor's Note: Former Subsection E(1), concerning combined residential and commercial uses in one structure, was repealed 7-20-2004 by Ord. No. 2004-55.

(2) [8]Sexually oriented businesses as defined in Chapter 176 of the Township Code of the Township of Stafford.

[Added 9-7-1999 by Ord. No. 99-61]

[8] Editor's Note: Former Subsection E(2), Home occupations, was repealed 11-1-1994 by Ord. No. 94-96.

(3) (Reserved)[9]

[9] Editor's Note: Former Subsection E(3), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.

(4) (Reserved)[10]

[Added 8-1-1989 by Ord. No. 89-52]

[10] Editor's Note: Former Subsection E(4), Video arcade, added 8-1-1989 by Ord. No. 89-52, was repealed 7-1-2008 by Ord. No. 2008-58.

(5) (Reserved)[11]

[11] Editor's Note: Former Subsection E(5), Automotive body repair shop, added 5-18-1993 by Ord. No. 93-32, was repealed 11-5-2007 by Ord. No. 2007-98.

(6) (Reserved)[12]

[12] Editor's Note: Former Subsection E(6), 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.

(7) (Reserved)[13]

[13] Editor's Note: Former Subsection E(7), Motor vehicle service stations, added 11-1-1994 by Ord. No. 94-100, was repealed 11-5-2007 by Ord. No. 2007-98.

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]

§ 211-26.1 Rural Business Zone (RB).

[Added 6-13-1989 by Ord. No. 89-41]

A. Permitted uses.

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection A(1), Detached single dwelling, was repealed 11-5-2007 by Ord. No. 2007-98.

(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.

(1) Off-street parking.

(2) Off-street loading.

C. Permitted accessory uses.

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage shed.

(4) Detached garage.

D. (Reserved)[3]

[3] Editor's Note: Former Subsection D, Permitted signs, as amended 11-21-1989 by Ord. No. 89-68, was repealed 9-7-1999 by Ord. No. 99-58.

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.

(2) [4]Bed-and-breakfasts with frontage on Route 9 or Bay Avenue.

[Added 11-14-1995 by Ord. No. 95-104]

[4] Editor's Note: Former Subsection E(2), Home occupations, was repealed 11-1-1994 by Ord. No. 94-96.

(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.

(4) (Reserved)[6]

[6] Editor's Note: Former Subsection E(4), concerning various health care facilities, as amended, was repealed 10-21-1997 by Ord. No. 97-85.

(5) (Reserved)[7]

[7] Editor's Note: Former Subsection E(5), Community residences for the developmentally disabled and community shelters for victims of domestic violence, added 5-3-1994 by Ord. No. 94-43, was repealed 4-2-2002 by Ord. No. 2002-21.

F. Area, yard and building requirements. 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%.

§ 211-27 Highway Commercial Zone (HC).

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]

(10) [1]Child-care centers.

[Added 5-3-1994 by Ord. No. 94-43]

[1] Editor's Note: Former Subsection A(10), regarding light warehouses, assembling and storage, was repealed 3-19-1991 by Ord. No. 91-20.

(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]

(14) (Reserved)[2]

[2] Editor's Note: Former Subsection A(14), nursing homes and convalescent homes, as amended, was repealed 10-21-1997 by Ord. No. 97-85.

(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]

B. Required accessory uses shall be as follows:

(1) The same as specified for the LB Zone.

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]

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection D(1), which permitted one sign for each approved site conforming to the requirements herein, was repealed 7-3-1990 by Ord. No. 90-41.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection D(2), which permitted one freestanding sign per site per street frontage, was repealed 9-7-1999 by Ord. No. 99-58.

(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.

(7) (Reserved)[6]

[6] Editor's Note: Former Subsection D(7), which established the size, height and setback requirements for freestanding signs, as amended 4-7-1992 by Ord. No. 92-14, was repealed 9-7-1999 by Ord. No. 99-58.

(8) (Reserved)[7]

[7] Editor's Note: Former Subsection D(8), which established the criteria for wall and window signs, added 7-3-1990 by Ord. No. 90-41, was repealed 9-7-1999 by Ord. No. 99-58.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64; 3-21-1989 by Ord. No. 89-27]

(1) (Reserved)[8]

[8] Editor's Note: Former Subsection E(1), Video arcades, was repealed 7-1-2008 by Ord. No. 2008-58.

(2) (Reserved)[9]

[9] Editor's Note: Former Subsection E(2), Automobile dealerships, was repealed 7-1-2008 by Ord. No. 2008-58.

(3) Motor vehicle service stations, subject to the provisions of § 211-35T.

[Amended 11-1-1994 by Ord. No. 94-100]

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]

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

[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:

(1) The same as permitted in the Business Park Office Zone (BPO).[2]

[2] Editor's Note: See Stafford Business Park Redevelopment Plan.

(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.

B. Required accessory uses shall be as follows:

(1) Off-street parking.

(2) Off-street loading space.

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.

D. (Reserved)[3]

[3] Editor's Note: Former Subsection D, Permitted signs, was repealed 9-7-1999 by Ord. No. 99-58.

E. Conditional uses shall be as follows:

(1) (Reserved)[4]

[4] Editor's Note: Former Subsection E(1), including such uses as plumbing, painting and plastering, carpentry, flooring, roofing, etc., was repealed 7-1-2008 by Ord. No. 2008-58.

(2) (Reserved)[5]

[5] Editor's Note: Former Subsection E(2), Manufacturing and repair, was repealed 7-1-2008 by Ord. No. 2008-58.

(3) (Reserved)[6]

[6] Editor's Note: Former Subsection E(3), Miscellaneous manufacturing, was repealed 7-1-2008 by Ord. No. 2008-58.

(4) (Reserved)[7]

[7] Editor's Note: Former Subsection E(4), Terminal and joint terminal maintenance facilities for motor freight transportation, was repealed 7-1-2008 by Ord. No. 2008-58.

(5) (Reserved)[8]

[8] Editor's Note: Former Subsection E(5), Auto repair and car washes, was repealed 7-1-2008 by Ord. No. 2008-58.

(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).

§ 211-28.1 (Reserved) [1]

[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.

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

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.

(1) Off-street parking.

(2) Off-street loading.

D. Permitted signs shall be as follows:

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection D(1), concerning home occupation announcement signs, was repealed 6-24-1997 by Ord. No. 97-44.

(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) (Reserved)[2]

[2] Editor's Note: Former Subsection D(3), Illuminated business signs, was repealed 7-3-2001 by Ord. No. 2001-53.

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.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection E(2), Home professional offices, was repealed 11-1-1994 by Ord. No. 94-96.

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]

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

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.

(1) Off-street parking.

(2) Off-street loading.

D. Permitted signs shall be as follows:

(1) (Reserved)[2]

[2] Editor's Note: Former Subsection D(1), which permitted signs the same as permitted in the LB Zone, was repealed 7-3-2001 by Ord. No. 2001-53.

(2) (Reserved)[3]

[3] Editor's Note: Former Subsection D(2), which permitted one sign for each permitted use, was repealed 7-3-2001 by Ord. No. 2001-53.

(3) (Reserved)[4]

[4] Editor's Note: Former Subsection D(3), Identification signs, was repealed 7-3-2001 by Ord. No. 2001-53.

(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.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Reserved.

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]

(a) Other accessory uses and buildings which are clearly incidental to the principal use and building.

(b) A community center building, subordinate to the principal building or use that is located on the same lot as the principal building or use served.

(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

(c) Pinelands development credits.

[1] Pinelands development credits shall be acquired and redeemed at the rate of one right for every 3.33 market rate residential units 30%.

(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.

(e) The affordable housing 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.

(8) Standards and requirements for nonresidential in a PUD development shall be as follows:

(a) Minimum distance between principal buildings shall be 40 feet.

(b) The maximum building height shall be five stories, not to exceed a maximum of 64 feet.

(c) Parking requirements shall be as provided in accordance with § 130-81.

(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.

(k) Signs. Sign restrictions shall be as provided in accordance with § 211-35A.

(l) Parking. Parking requirements shall be as provided in accordance with § 130-81.

(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:

[a] Two-way traffic roads: 30 feet paved width with parallel parking on both sides; 28 feet with parking on one side. The right-of-way width of said streets shall be at least 50 feet.

[b] Service ways for public service and emergency vehicles shall be no less than 15 feet in width.

(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.

§ 211-31 (Reserved) [1]

[1] Editor's Note: Former § 211-31, Conservation Zone (C), as amended, was repealed 11-5-2007 by Ord. No. 2007-98.

§ 211-31.1 Cemetery Zone (C).

[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.

C. Permitted uses shall be as follows:

(1) Cemeteries.

(2) Maintenance building relating to the operation of the cemetery only, not to exceed a height of 20 feet.

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.

§ 211-31.2 Public Utility Zone (PU).

[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.

D. (Reserved)[1]

[1] Editor's Note: Former Subsection D, Conditional uses: governmental uses, was repealed 7-1-2008 by Ord. No. 2008-58.

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.

§ 211-32 Preservation Zone (P).

The following shall apply in the Preservation Zone (P):

A. Permitted uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Single-family residential dwellings.[1]

[Added 9-2-2008 by Ord. No. 2008-88]

[1] Editor's Note: Former Subsection A(1), Single-family detached dwellings, was repealed 11-5-2007 by Ord. No. 2007-98.

(2) Berry agriculture and horticulture of native plants.

(3) Fish and wildlife management.

(4) Forestry.

(5) [2]Cluster residential development.

[Added 9-2-2008 by Ord. No. 2008-88]

[2] Editor’s Note: Former Subsection A(5), beekeeping, was repealed 8-22-2023 by Ord. No. 2023-26. This ordinance also renumbered former Subsection A(6) as Subsection A(5).

B. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) (Reserved)[3]

[3] Editor's Note: Former Subsection B(1), Telecommunication transmission and supporting facilities, was repealed 11-5-2007 by Ord. No. 2007-98.

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.

E. Permitted accessory uses shall be as follows:

[Added 10-1-2002 by Ord. No. 2002-79]

(1) Private swimming pools.

(2) Private tennis courts.

(3) Storage sheds.

(4) Detached garages.

(5) Home occupations subject to the provisions of § 211-35U.

F. Requirements for cluster residential development.

[Added 9-2-2008 by Ord. No. 2008-88]

(1) If sanitary sewers are or will be available:

(a) Minimum lot size: 10,000 square feet.

(b) Maximum lot size: one acre (43,560 square feet).

(c) Maximum density: one unit for every eight acres. Pinelands development credits may be acquired and redeemed to increase density to a maximum of one unit for every four acres.

(2) If sanitary sewers are not available:

(a) Minimum lot size: one acre (43,560 square feet).

(b) Maximum lot size: four acres.

(c) Maximum density: one unit for every 39 acres. Pinelands development credits may be acquired and redeemed to increase density to a maximum of one unit for every 19 acres.

(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.

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

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.

B. Required accessory uses shall be as follows:

(1) Off-street parking.

C. Permitted accessory uses shall be as follows:

(1) Private swimming pools.

D. Permitted signs.

[Amended 5-16-1989 by Ord. No. 89-38]

(1) One identification sign per permitted or approved conditional use conforming to the requirements herein.

(2) Only one freestanding sign per street frontage shall be permitted.

(3) All freestanding signs shall meet the following size, height and setback requirements:

(a) Maximum area: four square feet.

(b) Maximum area per side: two square feet.

(c) Maximum height: 10 feet.

(d) Minimum front yard setback: 10 feet.

(e) Minimum side yard setback: six feet.

E. Conditional uses shall be as follows:

[Amended 8-16-1988 by Ord. No. 88-64]

(1) Reserved.

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%.

§ 211-34 Special District Zones.

[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:

(1) Off-street parking.

(2) Recreation facilities.

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.

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

[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.

E. Conditional uses shall include the following:

(1) (Reserved).

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.

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

[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.

C. Permitted accessory uses shall be as follows:

(1) Recreational uses for residents of the multifamily development.

(2) Uses incidental to the principal use such as fences and trash enclosures.

D. Permitted signs shall be as follows:

(1) One freestanding site identification sign or identification structure not to exceed 30 square feet in area.

E. Permitted conditional uses shall be as follows:

(1) (Reserved).

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.

§ 211-34.3 Mobile Home Park Zone Affordable Housing.

[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.

C. Permitted accessory uses shall be as follows:

(1) Recreational uses for residents.

(2) Uses incidental to the principal use such as fences and trash enclosures.

D. Permitted signs shall be as follows:

(1) One freestanding site identification sign or identification structure not to exceed 30 square feet in area.

E. Permitted conditional uses shall be as follows:

(1) (Reserved)

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.

(10) The standards delineated in § 211-34.3 herein shall be applicable to all mobile home parks in the Township; however, if the standards delineated within § 211-34.3 herein conflict with any provision in Chapter 140, Mobile Home Parks, § 211-34.3 shall supersede those provisions of Chapter 140.

§ 211-34.4 Affordable Housing-20 Zone (AH-20).

[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.

E. Conditional uses shall include the following:

(1) Reserved)

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.

§ 211-35 Supplementary zoning requirements.

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.

(1) Abandonment.

(a) A nonconforming use shall be considered abandoned if it is terminated by the owner.

(b) If a nonconforming use of land with a structure(s) ceases for a period of 12 months, subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

(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:

[1] The Construction Code Official.

[2] The owner or an architect or engineer selected by the owner.

[3] A third person, agreed to by the Construction Code Official and the owner, whose fee shall be agreed to and shall be paid in equal portions by the Township and the owner.

(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.

(8) Storage of tractor trailers or commercial trailers is governed by the provisions set forth in § 211-35Z of the Township Code of the Township of Stafford.

[Added 4-18-2000 by Ord. No. 2000-30]

G. Swimming pools.

[Amended 5-21-2024 by Ord. No. 2024-14]

(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. Pools adjacent to a bulkhead require the appropriate CAFRA approvals.

(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 New Jersey Uniform Construction Code (N.J.A.C. 5:23).

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.

(4) Minimum setbacks:

(a) Grave sites and grave markers:

[1] Front yard setback: 75 feet.

(b) Building setbacks:

[1] Front yard setback: 80 feet, except as otherwise required pursuant to § 211-35K(5)(f).

[2] Rear yard setback: 75 feet.

[3] Side yard setback: 50 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).

(8) Maximum distance between buildings:

(a) Thirty feet between a one-story and a two- or one-story building.

(b) Forty feet between two-story buildings.

(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:

(1) The minimum floor area per unit shall be:

(a) Hotels: 250 square feet.

(b) Motels: 250 square feet.

(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) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ANIMATED SIGN

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.

AWNING

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.

AWNING SIGN

See "canopy sign."

BANNER 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.

BANNERS, PENNANTS or BUNTING

Temporary announcement device constructed of cloth, canvas, fabric, or other light material.

BEACON

A light or other such attractive object, fixed or intermittent, affixed in a manner to draw attention to a particular location or route.

BILLBOARD SIGN

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.

BUILDING MARKER

A sign indicating the name or number of a building.

BUILDING SIGN

Any sign attached to a building in any manner.

CANOPY

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.

CANOPY SIGN

A wall sign affixed to, or printed integrally on, a canopy, awning or marquee.

CHANGEABLE COPY SIGN

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.

CONSTRUCTION SIGN

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.

DIRECTIONAL SIGN

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.

DIRECTORY SIGN

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.

FACADE

The exterior wall or face of a building.

FEATHER OR SWOOPER FLAG

A banner sign, normally with a single side strut, made out of fabric, supported on the ground, or inserted into the ground.

FLAG

A usually rectangular or triangular piece of fabric of distinctive design that is used as a symbol.

FLAG SIGN

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.

FREESTANDING SIGN

Any sign which is supported by structures or supports in or upon the ground and independent of support from any building.

GROUND SIGN

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.

ILLUMINATED 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.

MARQUEE

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.

MARQUEE SIGN

See "canopy sign."

MONUMENT SIGN

See "ground sign."

MULTIPLE MESSAGE SIGN

A sign that is capable of having the copy text changed manually or electronically. They may be of three types:

(a) 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.

(b) 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.

(c) Type C: Multi-message digital LED displays are signs which change the message by the use of LED electric light displays.

NAMEPLATE SIGN

A sign indicating the name and/or profession or address of a person or persons residing on the premises or legally occupying the premises.

NEON SIGN

An electric sign that is lighted by long, luminous gas-discharge tubes that contain rarefied neon or other gases.

PENNANT

A flag that tapers to a point in a triangular shape.

PORTABLE OR MOBILE SIGN

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.

PROJECTING SIGN

A sign erected on the outside wall of a building which projects out at an angle therefrom.

ROOF SIGN

A sign erected or constructed wholly upon and over the roof of any building and supported solely on the roof structure.

ROOFLINE

The juncture of the roof and the perimeter wall of the structure at the soffit.

SIGN

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.

SIGN AREA

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.

SIGN AREA, TOTAL

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.

SIGN HEIGHT

The height measured from the top of the sign, or sign structure, to the grade directly below the sign.

SIGN, COMMERCIAL

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.

SUBDIVISION SALES SIGN

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.

SUBDIVISION SIGN

A sign placed, normally at the entrance to a duly recorded tract of land, displaying the identifying name of the subdivision as filed.

SUSPENDED SIGN

A sign that is suspended from the underside of a horizontal surface and is supported by such a surface.

TEMPORARY SIGN

A sign intended to be in place for a limited time.

TRAILER SIGN

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.

WALL SIGN

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.

WINDOW SIGN

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.

(a) The following signs are exempt from the permit requirement subject to the following restrictions:

[1] Sign area shall not exceed 16 square feet.

[2] Sign height shall not exceed six feet.

[3] Signs shall be ground mounted.

[4] Signs shall be nonilluminated.

(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.

(a) Prohibited signs include, but are not limited, to:

[1] Beacons.

[2] Pennants.

[3] Feather or swooper signs.

[4] Flag signs.

[5] Inflatable signs and figures, and tethered balloons.

(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.

(b) Properties located within Pinelands Zones shall be also regulated according the specific New Jersey Pinelands Commission regulations and in conformance with § 211-9.

(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.

(l) All multiple message signs shall provide the following public service announcements:

[1] Stafford Township municipal announcements.

[2] Weather emergency announcements.

[3] Megan's Law announcements.

[4] FBI most wanted list announcements.

[5] Forest fire warning announcements.

(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.

(14) Violations and penalties.

(a) For a violation of any of the provisions concerning signage as contained in this section or the ordinances of the Township of Stafford, the Code Enforcement Officer of the Township of Stafford shall:

[1] Serve notice to the owner of the sign to immediately rectify the deficiency.

[2] If the owner or operator fails to correct the violation within five days, the permit for a sign shall be revoked and the provisions of § 211-36 may be enacted.

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.

(b) Timing: § 181-5D, as such pertains to time limits.

(c) Construction standards.

[1] Section 181-7A(1), as such pertains to distances to abutting properties owned by the applicant and/or other public government agencies.

[2] Section 181-7B, as such pertains to the phasing requirements.

[3] Section 181-7G, to ensure consistency with the Pineland Standards.

[4] Section 181-7G(2) and § 181-8C(1) and (2), as they pertain to slopes, slope design standards and reclamation.

(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:

(a) Compliance with the applicable subdivision provisions of §§ 130-90 and 130-91 and the site plan provisions of §§ 130-92 and 130-93;

(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

[5] An environmental impact statement (EIS) in accordance with § 130-94.

(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.

(5) No building or structure utilized in the soil removal/resource extraction processing shall exceed a height of 50 feet, as defined and measured in § 130-2 of the Stafford Township Code, excluding any antenna for on-site communication.

[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.

(a) Development shall front on and have direct access to a rural minor arterial.

(b) The Planning Board shall find that to the maximum extent practicable the proposed integrated commercial development limits the number and maximizes the distances between access drives onto the rural minor arterial.

(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]

(b) Additional on-site parking for the convenience shops is provided in accordance with § 130-81.

(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]

(a) The minimum canopy setback shall be 25 feet.

(b) The thickness of said canopy or the dimension measured from the topside to the underside of the canopy shall be greater than 30 inches.

(c) The height of said canopy shall not exceed 15 feet as measured to the bottom of the canopy.

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.

(c) The annual fee for a zoning permit for a home occupation shall be in accordance with § 213-1A.

(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.

(7) Lighting shall be in strict accordance with the requirements of § 130-84.

(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.

(2) Exceptions.

(a) Temporary housing permit exception. Any person issued a temporary housing permit pursuant to § 140-9 for use of a trailer in accordance with the permit and the applicable provisions of Chapter 140 is exempted from the provisions of Subsection Z(1) above for the duration of the permit.

(b) Drop trailer exception. Any trailer stationed adjacent to a commercial business for the purpose of delivering perishable goods is exempted from the provisions of Subsection Z(1) above for a maximum of 72 consecutive hours from the time the trailer is parked.

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) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

FLAG

That portion of the flag lot within which all structures must be located and which is connected to a public road by the staff.

FLAG LOT

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).

REMAINDER LOT

That remnant portion of the original tract, subject to a flag lot subdivision, other than the flag lot.

STAFF

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.

(g) Open space and landscaping: in accordance with § 130-50 through 130-52.

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%

§ 211-35.1 Electric vehicles. [1]

[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. Definitions.

CERTIFICATE OF OCCUPANCY

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.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

(1) Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.

(2) Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.

(3) 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.

ELECTRIC VEHICLE

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.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT OR EVSE

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."

MAKE-READY PARKING SPACE

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.).

PRIVATE EVSE

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).

PUBLICLY-ACCESSIBLE EVSE

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.

(2) EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.

(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.

(4) Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged, but shall not be required in development projects.

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(5)(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:

[1] From $0 per hour to $2 per hour for up to two hours; and

[2] From $0 per hour to $5 per hour after two hours for each hour that the electric vehicle is connected to the EVSE.

(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.

§ 211-35.2 (Reserved) [1]

[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.

§ 211-36 Violations and penalties.

[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.

Article II Tables

[Added 9-7-1999 by Ord. No. 99-58]

§ 211-37 (Reserved) [1]

[1] Editor's Note: Former § 211-37, Tables of sign regulations, was repealed 9-17-2019 by Ord. No. 2019-05.