In order to safeguard the general health, safety and welfare
of the municipal residents, to implement land development guidelines
contained in the Washington Township Master Plan, and to implement
the environmental restraints presented in the New Jersey Pinelands
Comprehensive Management Plan, the following general regulations shall
apply to each and every zoning district established under this chapter.
An accessory building attached to the principal building shall
comply in all respects with the building line setback requirements
applicable to the principal building. Detached accessory buildings
shall be located to the rear of the front building line of the principal
building and shall conform to the yard requirements for accessory
buildings set forth in the zoning district regulations.
[Amended 2-5-2019 by Ord.
No. 2019-01]
Fences and hedges shall be permitted in all zoning districts,
subject to the following limitations:
A. Height.
(1) Pinelands Village-Residential (PV-R), Special Agricultural (SA) and
Pinelands Preservation (PP) zones:
(a)
Front yards: four feet maximum.
(b)
Side and rear yards: six feet maximum.
(2) Pinelands Village-Neighborhood Business (PV-NB), Pinelands Village-Industrial
(PV-I) zones: eight feet maximum.
B. Permit. A zoning permit shall be obtained from the Municipal Zoning
Officer prior to erecting a fence or wall.
C. Exceptions.
(1) Living hedges, garden and farm fences shall be exempt from the requirements
of this section, provided that they are located to the rear of the
principal building and have an open appearance to neighboring properties.
(2) Retaining walls shall be exempt from the requirements of Subsection
A but not from the requirements of Subsection
B.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
A. The height limitations of this chapter shall not apply to 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, provided
that:
(1) These exceptions are shown to be necessary to accomplish their purpose.
(2) These structures are shown to be compatible with uses in their immediate
vicinity.
(3) The aggregate roof area covered by these fixtures shall not exceed
20% of the total roof area.
(4) The height of roof-installed water towers, ventilators, skylights,
mechanical equipment, solar energy facilities and other similar structures
shall not exceed a vertical height of more than 15 feet above the
top of the roof.
B. The height limitations of this chapter 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.
[Amended 5-4-1989 by Ord. No. 1989-4]
A. The Planning and Zoning 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 Committee 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
E(2) below.
B. Authority to issue certificates of appropriateness.
(1) The Planning and Zoning Board shall issue all certificates of appropriateness.
C. Certificates of appropriateness shall be required for the following:
(1) Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the governing
body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or
any action which renders such a site inaccessible; and
(2) Development not otherwise exempted from review pursuant to §
275-105A of this chapter where a significant resource has been identified pursuant to Subsection
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 a Pinelands Village and all applications for major development
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 9-2-1993 by Ord. No. 1993-8; Ord. No. 1997-2]
(1) This requirement for a survey may be waived by the local approval
authority 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
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
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; or
(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; or
(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; or
(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 and Zoning
Board.
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(2) below.
(2) A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection
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 section 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 by Ord.
No. 1997-2]
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; and
(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 and Zoning 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).
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
Establishment of PDCs.
(1) 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(2) through
(6) below, every parcel of land in the Pinelands Preservation Zone (PP) or Special Agricultural Zone (SA) 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 9-2-1993 by Ord. No. 1993-8]
(2) Pinelands development credits are hereby established in the Pinelands
Preservation Zone (PP) at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved
for resource extraction pursuant to this chapter: two Pinelands development
credits per 39 acres;
[Amended by Ord.
No. 1997-2]
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this article: zero Pinelands development
credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres;
and
(d)
Wetlands: 2/10 Pinelands development credit per 39 acres.
(3) Pinelands development credits are hereby established in the Special
Agricultural Zone (SA) at the following ratios:
(a)
Uplands which are undisturbed but approved for resource extraction
pursuant to this article: two Pinelands development credits per 39
acres;
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres;
(c)
Other uplands and areas of active berry agricultural bogs and
fields: two Pinelands development credits per 39 acres;
(d)
Wetlands in active field agriculture use currently and as of
February 7, 1979: two Pinelands development credits per 39 acres;
and
[Amended by Ord.
No. 1997-2]
(e)
Other wetlands: two-tenths Pinelands development credits per
39 acres.
(4) The allocations established in Subsection
A(2) and
(3) above shall be reduced as follows:
[Amended 3-7-1991 by Ord. No. 1991-2]
(a)
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.
(b)
The Pinelands development credit entitlement of a parcel of
land shall be reduced by 0.25 Pinelands development credit for each
existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 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
B(2) below or when a variance for cultural housing is approved by the Township pursuant to §
275-41A(1) or §
275-49A(1) of this chapter.
[Amended 9-2-1993 by Ord. No. 1993-8]
(d)
The Pinelands development credit entitlement for a parcel of
land shall also be reduced by 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 9-2-1993 by Ord. No. 1993-8]
(5) 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(2) and
(3) above.
(6) Notwithstanding the provisions above, the owner of record of 0.10
acre of land or greater in the Pinelands Preservation or Special Agricultural
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.
[Amended 3-7-1991 by Ord. No. 1991-2; Ord. No. 1997-2]
(7) The provisions of Subsection
A(6) above shall also apply to owners of record of less than 0.10 acre of land in the Pinelands Preservation or Special Agricultural 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(2) and
(3) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 acre.
[Added by Ord.
No. 1997-2]
B.
Limitations on use of PDCs.
(1) 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
C 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 by Ord.
No. 1997-2]
(2) Notwithstanding the provision of Subsection
B(1) 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 same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 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 3-7-1991 by Ord. No. 1991-2]
C. Deed recording.
(1) 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.
(2) Such deed restriction shall specify the number of Pinelands development
credits sold and that the property may only be used in perpetuity
for the following uses:
(a)
In the Pinelands Preservation Zone (PP): berry agriculture;
horticulture of native Pinelands plants; forestry; beekeeping; fish
and wildlife management; migrant labor 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 impermeable surfaces; and accessory uses.
[Amended 7-10-2012 by Ord. No. 2012-07; 11-5-2018 by Ord. No. 2018-05]
(b)
In the Special Agricultural Zone (SA): berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; migrant labor housing
as an accessory use; fish and wildlife management; and accessory uses.
[Amended 7-10-2012 by Ord. No. 2012-07; 11-5-2018 by Ord. No. 2018-05]
(c)
In all other zoning districts: agriculture; forestry and low
intensity recreational uses.
[Added 9-2-1993 by Ord. No. 1993-8]
D. Use of Pinelands development credits.
[Added 9-2-1993 by Ord. No. 1993-8]
(1) Pinelands development credits shall be used in the following manner:
(a)
When a variance of density or lot area requirements for a residential
or principal nonresidential use in the PV-R, PV-NB or PV-I Zone is
granted, Pinelands development credits shall be used for all dwelling
units or lots in excess of that permitted without the variance;
[Amended by Ord.
No. 1997-2]
(b)
When a variance for cultural housing is granted by the Township in accordance with §
275-41A(1) or §
275-49A(1) of this chapter; and
(c)
When a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(2) Pinelands development credits which are used in accordance with Subsection
D(1) above shall yield a bonus of four dwelling units per credit.
(3) Pinelands development credits may be aggregated from different parcels for use in accordance with Subsection
D(1) above.
(4) 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. Redemption of Pinelands development credits
shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.
[Amended by Ord.
No. 1997-2]
(5) No person shall purchase any Pinelands development credits that may be required in accordance with Subsection
D(1) above until such person has transmitted to all owners of property within the Township which have received an allocation of Pinelands development credits from the Pinelands Commission through the issuance of a letter of interpretation, by certified mail, a notice of intent to purchase the required Pinelands development credits. A list of property owners and addresses who have received Pinelands development credit allocations shall be maintained by the Township. After 15 days following the date such notices are transmitted, the applicant may purchase the necessary Pinelands development credits from any property owners within the Township or from any other person who owns Pinelands development credits. Required documentation to the Planning and Zoning Board shall include a notarized affidavit from the person seeking to purchase Pinelands development credits which attests to the fact that owners of property within the Township which have received Pinelands development credit allocations were notified of the applicant's interest in purchasing Pinelands development credits.
Resource extraction activities for commercial purposes as defined in §
275-6 are prohibited in all zoning districts with the following exceptions:
A. Resource extraction activities associated with agricultural operations; provided, however, that the extracted materials are only used on site and are not sold for profit and further that the resource extraction process complies with any applicable recommended management practices further described in §
275-65, Agricultural operations.
B. Resource extraction activities associated with a private land owner;
provided, however, that the extracted materials are only used on site
and are not sold for profit or commercial gain.
Sight triangles with side lengths of 25 feet shall be established
at each street intersection and shall extend outward from the tangential
intersection of the street right-of-way lines. Within the sight triangle,
no fences, walls, landscaping, signs or other obstructions higher
than 30 inches shall be permitted.
Sight Triangle Diagram
|
If the Municipal Construction Official, upon inspection, determines
that an unsafe condition exists with respect to building soundness,
fence or wall soundness, sign soundness or any other condition adversely
affecting the public health, safety or welfare, the official shall
notify the property owner of these findings, state supporting reasons
and order the condition repaired within a reasonable period of time.
In the case of signs and fences, the Municipal Construction Official
may order these structures removed within a reasonable period of time.
[Amended 5-4-1989 by Ord.
No. 1989-4; 9-2-1993 by Ord. No. 1993-8; Ord. No. 1997-2]
A. Intent. It is the intent of this section to prevent degradation of
surface water or groundwater quality in the municipality by regulating
waste disposal activities.
B. Waste management. No hazardous or toxic substances, including hazardous
wastes, shall be stored, transferred, processed, discharged, disposed
of 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.
[Added 11-5-2018 by Ord.
No. 2018-07]
A. Solar energy systems shall be a permitted use in all zoning districts.
B. Roof-mounted systems on principal buildings shall not be more than
three feet higher than the finished roof to which it is mounted. In
no instance shall any part of the system extend beyond the edge of
the roof. Ground-mounted system and systems attached to accessory
buildings shall not be less than 10 feet from the side and 20 rear
property line.
C. Solar energy systems are prohibited in front yards, and shall not
be located past the front wall of the principal building.
D. There will be no limit to the number of modules and arrays installed on each property that comprise a solar energy system, except for the exclusions contained herein in Subsections
E and
G below. The number of solar panels and supporting equipment shall be considered as one system.
E. Solar energy commercial operations are prohibited as a principal
use. These are systems whose main purpose is to generate energy for
sale back into the energy grid system, rather than being consumed
on-site.
F. Ground-mounted solar energy systems shall not be categorized as accessory
buildings.
G. If solar energy systems are attached to accessory buildings, the
number of accessory buildings allowed shall be regulated in accordance
with the provisions set forth in the definition and regulations associated
with accessory buildings.
H. The height of ground-mounted solar energy systems and systems included
on accessory buildings shall not exceed 12 feet in height.
I. Zoning permits and construction permits shall be required for the
installation or construction of any solar energy system.
J. No more than 20% of a lot may be covered with a solar energy system.
K. Ground-mounted systems shall be located on lots of two or more acres.
L. Properties on corner lots are deemed to be addressed as two front
yards.