The zoning districts in the schedule above are established by
the designations, locations and boundaries thereof set forth and indicated
on the Zoning Map. The map shall be known as the "Zoning Map of the
Township of Waterford" and is made a part of this chapter by reference.
Where uncertainty exists as to any of the boundaries shown on
the map, the following rules shall apply:
A. Zoning district boundary lines are intended to follow street center
line, railroad rights-of-way, streams and lot or property lines as
they exist on plats of record at the time of the enactment of this
chapter, unless otherwise indicated by dimensions on the Zoning Map.
B. Dimensions on the Zoning Map are in feet and measured horizontally
and, when measured from a street, are measured from the street right-of-way
line even if the center line of that street is used for the location
of the zoning district line.
C. Where boundaries are not fixed by dimensions and where they approximately
follow lot lines, and do not scale more than 10 feet distant therefrom,
the lot lines shall be construed to be the boundaries unless specifically
shown otherwise.
D. Where boundaries divide lots, the location of such boundaries, unless
the same is indicated by dimensions shown on the map, shall be determined
by the use of the scale.
E. Where a district boundary line divides one or more lots which are
in single ownership, the use regulations applicable to the less restrictive
district shall not extend more than 50 feet over the portion of the
lot in the more restricted district.
F. The exact location of any disputed zoning district boundary line
shall be determined by the Planning Board.
G. The zoning standards, controls and designations apply to every structure,
lot and use within each district and the district lines extend vertically
in both directions from ground level.
Unless otherwise specifically permitted within this chapter,
no more than one principal dwelling or one principal building shall
be permitted on one lot. No more than one principal use shall be permitted
on one lot.
Any federal, state, county, or municipal laws and regulations
with respect to buildings and/or land that are more restrictive than
those set forth herein shall take precedence over the provisions of
this chapter.
Public utility uses, such as water filtration plants, sewerage disposal plants, pumping stations, high-voltage transmission lines, towers and substations, but no service or storage yards, may be permitted in any zoning district, except for the PD, AG and RR Districts, the forest and rural development areas of the RC District and the rural development area of the PI District, in compliance with §
176-104S.
[Amended 2-8-2017 by Ord.
No. 2017-7]
A. Permitted density in the following residential districts shall be
as set forth below.
|
District
|
Maximum Density
(dwelling units per acre)
|
---|
|
R1
|
2.25
|
|
R2
|
3
|
|
R3
|
4.50
|
|
R4
|
5.25
|
B. Pinelands development credits shall be acquired and redeemed for 30% of all housing units in the R1, R2, R3 and R4 Zones. The use and redemption of Pinelands development credits shall be in accordance with §
176-15.
C. If the number of required Pinelands development credits pursuant to Subsection
B above is not evenly divisible by 0.25, the required number of Pinelands development credits shall be increased to the next highest increment of 0.25 for developments of five or more units and decreased to the next lowest increment of 0.25 for developments of four or fewer units, provided that the resulting obligation shall be at least 0.25 Pinelands development credits.
D. Notwithstanding the requirements in Subsections
B and
C above, no Pinelands development credits shall be required for the development of one housing unit on a lot existing as of the effective date of this section that conforms to the density requirements of Subsection
A above and the minimum lot area requirements of §
176-122.
E. All applications for development in which Pinelands development credits
are to be utilized shall be subject to review and approval by the
Planning Board.
Notwithstanding any other provisions of this chapter, a residence
may be constructed in the RR, OC, RC, and AG Districts without regard
to the density limitations of this chapter, provided that:
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 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;
C. The parcel was not in common ownership with any contiguous land on
or after February 8, 1979, that contains substantial improvements;
and
D. The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
E. The size of the parcel is at least one acre.
[Added 9-12-2012 by Ord. No. 2012-15]
In the RC and RR Zones, clustering of single-family detached
dwellings shall be required whenever two or more units are proposed
as part of a residential development. The following standards shall
apply:
A. Permitted density:
(1)
In the RC Zone: one unit per 37.6 acres; and
(2)
In the RR Zone: one unit per 5.7 acres.
B. 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
A above, with a bonus applied as follows:
|
Parcel Size
|
RR Zone
|
RC Zone
|
---|
|
Less than 50 acres
|
0
|
0
|
|
50 to 99.99 acres
|
15%
|
25%
|
|
100 to 149.99 acres
|
20%
|
30%
|
|
Greater than or equal to 150 acres
|
25%
|
40%
|
C. The residential cluster shall be located on the parcel such that
the development area:
(1)
Is located proximate to existing roads;
(2)
Is located proximate to existing developed sites on adjacent
or nearby parcels;
(3)
Is or will be appropriately buffered from adjoining or nearby
nonresidential land uses; and
(4)
Conforms with the minimum environmental standards of N.J.A.C.
7:50-6.
D. Development within the residential cluster shall be designed as follows:
(1)
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.
(2)
The minimum bulk requirements specified in §
176-130C for residential development in the Pinelands Village District shall apply.
(3)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of §
176-101B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection
E(2)(b) below, individual on-site septic wastewater treatment systems shall comply with the standards of §
176-101B(5) or
(7). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §
176-101B(5) or
(7) shall also be permitted.
(4)
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
(5)
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.
E. On major subdivisions, 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, Waterford Township, or as a separate lot to be owned
by one of the owners in the cluster development. On minor subdivisions,
the balance of the parcel located outside of the residential cluster
development shall be a deed restricted separate lot to be owned by
one of the owners in the cluster development.
(1)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor Waterford Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
(2)
The deed of restriction shall permit the parcel to be managed
for:
(a)
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
176;
(b)
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses, provided the agricultural use has been in existence for a period
of at least five years prior to submission of an application for cluster
development;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection
E(2)(b)[1] or
[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection
E(2)(a) above and shall not provide for continuation of any agricultural use on the parcel;
[4]
The deed of restriction to be recorded pursuant to Subsection
E(2)(b)[1] or
[2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Camden County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[5]
For parcels which meet the standards of Subsection
E(2)(b)[1] or
[2] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.