A.
For the purpose of this chapter, the Township of Waterford is hereby
divided into 18 districts:
|
RR
|
Rural Development District
| |
|
R1
|
Residential District, Single-Family
| |
|
R2
|
Residential District, Single-Family
| |
|
R3
|
Residential District, Single-Family
| |
|
R4
|
Residential District, High-Density
| |
|
OC
|
Office Campus District
| |
|
OP
|
Office Professional District
| |
|
NB
|
Neighborhood Business District
| |
|
TC
|
Town Commercial District
| |
|
PHB
|
Planned Highway Business
| |
|
PI
|
Planned Light Industrial/Professional District
| |
|
AG
|
Agricultural District
| |
|
PV
|
Pinelands Village District
| |
|
PD
|
Preservation District
| |
|
PF
|
Public Facility District
| |
|
RC
|
Recreation/Conservation District
| |
|
RNB
|
Rural Neighborhood Business District
| |
|
RPF
|
Rural Public Facilities District
|
B.
All of these districts are located within the designated area of
the New Jersey Pinelands. The R1, R2, R3, R4, OC, OP, NB, TC, PHB
Districts are in the regional growth area.
C.
No residential or nonresidential use shall be located on a parcel
of land less than one acre unless served by a centralized wastewater
treatment facility.
D.
Notwithstanding the minimum lot areas set forth below, no such minimum lot area for nonresidential use in the RC, AG, PV, PD, RNB and RPF Districts shall be less than that needed to meet the water quality standards of § 176-101D, whether or not the lot may be served by a centralized sewer treatment or collection system.
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.
A.
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any lands be designed, used or physically altered for any purpose
or in any manner except in conformity with this chapter.
B.
When a lot is formed from part of a lot already occupied by a building,
any subdivision shall be designed not to impair any requirements of
this chapter with respect to the existing building.
C.
No open space contiguous to any building shall be encroached upon
or reduced in any manner, except in conformity to the yard, lot area,
building location, percentage of lot coverage, off-street parking
space and such other regulations in this chapter.
D.
Nothing herein shall prevent the expansion of any dwelling and accessory
use or buildings existing at the time of the adoption of this chapter,
provided such expansion meets the use, lot and yard requirements of
this chapter.
B.
While not intended to be an all-inclusive list, in order to avoid
any questions as to the intent of this chapter, the following uses
are expressly prohibited in all zoning districts and upon all lands
throughout Waterford Township unless such use is recognized as a preexisting
use in the Master Plan of Waterford Township or a certification of
prior nonconforming use is issued by the Planning Board.
(2)
Mobile home.
(3)
Mobile home park.
(4)
Acetylene gas manufacture.
(5)
Ammonia, chlorine or bleaching powder manufacture.
(6)
Arsenal.
(7)
Asphalt, manufacturing or refining.
(8)
Blast furnace.
(9)
Carbo, lamp black, shoe blacking or stove polishing manufacture.
(10)
Celluloid and other cellulose products manufacture.
(11)
Coke ovens.
(12)
Creosote treatment or manufacture.
(13)
Distillation of coal, wood or bones.
(14)
Explosives, fireworks or match manufacture.
(15)
Fat rendering.
(16)
Fertilizer manufacture or potash refining.
(17)
Junkyards and automobile graveyards.
(18)
Glue or gelatine manufacture and recovery from fish or animal
fat.
(19)
Hazardous waste storage facilities.
(20)
Incineration, reduction or open dumping of offal, garbage or
refuse.
(21)
Landfill.
(22)
Lime, gypsum, cement, plaster or plaster of paris manufacture.
(23)
Linoleum or oilcloth manufacture.
(24)
Ore reduction.
(25)
Paint, oil, varnish, turpentine, shellac or enamel manufacture.
(26)
Petroleum refining.
(27)
Printing ink manufacture.
(28)
Raw hides or skins storage, curing or tanning, not including
taxidermy.
(29)
Rubber manufacture from crude or scrap material.
(30)
Smelting of iron, copper, tin, zinc or lead.
(31)
Slaughter house.
(32)
Soap, soda and washing compound manufacture.
(33)
Starch, glucose or dextrine manufacture.
(34)
Stockyards.
(35)
Sulphurous, sulfuric, nitric or hydrochloric acid manufacture.
(36)
Tallow, grease, lard or candle manufacture or refining.
(37)
Tar distillation or manufacture of dyes.
(38)
Tar roofing or waterproofing manufacture.
(39)
Wool pulling or scouring.
(40)
Any other industrial use that adversely affects air or water
quality and is proven to be a detriment to the health, safety and
welfare of the residents of Waterford Township.
C.
Except as otherwise authorized in this chapter, the extraction or
mining of mineral resources other than sand, gravel, clay and ilmenite
is prohibited.
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.
A.
Such accessory uses and structures customarily appurtenant to a principal
permitted use may be incidental storage buildings, required off-street
parking and loading and unloading facilities. All accessory uses and
structures should be subordinate in area, intent and purpose to the
principal structure as building served.
[Amended 9-12-2012 by Ord. No. 2012-13]
B.
Accessory uses and structures in all districts shall be on the same
lot as the principal use or building unless the proposed lot to be
developed for accessory purposes is contiguous to the principal lot
and does not meet the minimum size requirements for development of
a principal building or the lots are combined into one lot by recording
of a deed.
C.
Nonresidential.
(1)
No accessory use shall be established and no structure or building
shall be placed or constructed on a nonresidential property without
a zoning permit and, where required, a construction permit. All applications
shall be subject to administrative review for approval or referral
to the Planning Board.
(2)
Detached accessory buildings shall not be placed beyond the
front wall of the principal building. For purposes of this section,
the front wall shall be the area of a principal building with the
main entrance and street address designation.
(3)
Accessory buildings and structures shall not be placed in easements
unless specifically permitted by this chapter.
(4)
Accessory buildings shall not be used for human habitation.
(5)
The height of a detached accessory building shall not exceed
the height of the principal building.
(6)
The total permitted impervious coverage of lot shall not be
exceeded.
(7)
Accessory buildings shall maintain the same set back requirements
of principal buildings.
(8)
Business structures or uses shall not display goods for sale or rent outside of the structure in which such activity is carried on except for sidewalk sales or promotions as specifically authorized under the provisions of § 176-12C.
(9)
Reverse parking, where existing or proposed buildings are located
nearest the street line and parking facilities are located behind,
is encouraged in all districts. Reverse parking is a technique that
allows a neighborhood's streetscape and visual character to remain
relatively unaffected by the impact of commercial development.
D.
Residential.
(1)
An attached accessory building or structure shall comply with
the requirements applicable to a principal building.
(2)
Horse barns shall be permitted accessory buildings on parcels in compliance with § 176-48. Maximum height shall be 22 feet.
(3)
Accessory buildings shall not be used for any commercial purpose.
(4)
Accessory buildings shall not be used for human habitation.
(5)
No accessory building or structure shall be installed on any
lot without a zoning permit and, when applicable, a construction permit.
(6)
Unless otherwise restricted, the height of a detached accessory
building shall not exceed the height of the principal building.
(7)
The total permitted coverage of lot by buildings shall not be
exceeded.
(8)
Detached accessory buildings shall not be placed beyond the
front wall of the principal building. For purposes of this section,
the front wall shall be the area of a principal building with the
main entrance and street address designation.
(9)
Accessory buildings and structures shall not be placed in easements
or required landscaped buffer areas unless specifically permitted
by this chapter.
(10)
Detached residential accessory building requirements in all
districts:
|
Size of Building
(square feet)
|
Side Yard*
(feet)
|
Rear Yard*
(feet)
|
|---|---|---|
|
0 to 130
|
5
|
5
|
|
131 to 500
|
10
|
10
|
|
Over 500
|
As required for principal buildings
| |
|
*
|
Note: In the case of easements or buffer areas, setbacks shall
apply to the interior delineation line of such easement or buffer.
|
(11)
No detached accessory building shall be located nearer than
10 feet to a principal building.
(12)
Any detached accessory structure exceeding 500 square feet shall
be required to meet the same minimum setback requirements as a principal
structure in that specific zone.
[Added 9-12-2012 by Ord. No. 2012-13; amended 8-10-2022 by Ord. No. 2022-14]
(13)
The proposed height of any accessory structure shall be no greater
than 35 feet with a maximum of two floors, unless otherwise restricted
within the current code.
[Added 9-12-2012 by Ord. No. 2012-13; amended 8-10-2022 by Ord. No. 2022-14]
(14)
Mitigative strategies, such as privacy fencing and/or screening
landscaping, may be required depending on specific conditions, including
a request for bulk standard relief.
[Added 9-12-2012 by Ord. No. 2012-13]
(15)
Unimpeded, stable access to the structure shall be provided
for emergency vehicles.
[Added 9-12-2012 by Ord. No. 2012-13]
(16)
Water and/or sanitary sewerage service is prohibited from accessory
structures.
[Added 9-12-2012 by Ord. No. 2012-13]
(17)
Any increase over the 1,500 square feet shall be accompanied
by a narrative justification and shall only be considered as situated
within the rear yard of the associated principal structure.
[Added 9-12-2012 by Ord. No. 2012-13; amended 8-10-2022 by Ord. No. 2022-14]
E.
Residential accessory uses permitted. In addition to the requirements of § 176-44, all accessory buildings, structures and uses shall comply with the following:
(2)
Tennis courts and other recreational facilities customarily
associated with residential dwelling units. Fencing for tennis courts
must be a minimum of 10 feet from side and rear property boundaries.
(3)
Sheds for the storage of objects owned by the residents of the
property, not exceeding 12 feet in height.
(4)
Private garages, maximum of three car capacity, with gross floor
area not exceeding 1,500 square feet. Not more than one detached private
garage shall be permitted per lot.
[Amended 8-10-2022 by Ord. No. 2022-14]
(5)
Noncommercial greenhouses.
(9)
Noncommercial personal home offices.
[Added 8-10-2022 by Ord. No. 2022-14]
[Amended 2-8-2017 by Ord.
No. 2017-7[1]]
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.
A.
Principal uses.
(6)
No residential dwelling unit in the R1, R2, R3, or R4 Districts
shall be located on a parcel of less than one acre unless served by
either:
(a)
A centralized wastewater treatment plant; or
(b)
A community on-site wastewater treatment system serving two or more residential dwelling units which meets the standards of § 176-101B(5) or (7), provided that the overall residential density on the parcel does not exceed one dwelling unit per acre.
(7)
Preexisting nonresidential uses approved by Planning Board.
(8)
Community residences as defined in N.J.S.A. 40:55D-66.2.
B.
Conditional uses.
(1)
Office space for a resident professional and home occupation occupying not more than 25% of total first floor area and in compliance with § 176-104O.
(3)
Veterinary hospitals.
(4)
Public buildings, but not including correctional institutions,
workshops or warehouses.
(5)
Agricultural commercial establishments in compliance with § 176-104E, provided that the products sold are grown on the premises.
(6)
Public utility installations that involve no commercial office space or storage yards, except that sewer treatment and collection facilities shall be permitted in the RR District in compliance with § 176-104S.
(7)
Private clubs, golf courses, lodges or social buildings operated
for the benefit of members only.
(11)
Truck garden.
C.
Area and bulk requirements.
(1)
(2)
(3)
(4)
R3 Residential Zone.
[Amended 2-8-2017 by Ord.
No. 2017-7]
A.
Principal uses.
(1)
Any office use (professional, business, administrative, finance
or similar use).
(2)
Research facilities of a nonnoxious or hazardous nature.
(3)
Banks when associated with permitted office campus uses.
(4)
Restaurants (excluding fast food) when associated with permitted
office campus uses.
(5)
Institutional.
(6)
Residential uses existing prior to the adoption of this chapter.
Preexisting substandard lots shall meet the setback requirements of
the R3 Zone.
(7)
Senior citizen housing at a maximum base density of three dwelling units per acre. Density may be increased to a maximum of 5.25 dwelling units per acre through the use of PDCs in accordance with § 176-15.
(8)
High technology and light manufacturing uses associated with
applied research in the areas of medicine and pharmaceuticals, communications,
energy, transportation, and similar fields, so long as it can be clearly
demonstrated that such uses will not generate adverse impacts to the
physical environment and/or adjacent uses.
[Added 9-12-2012 by Ord. No. 2012-13]
B.
Conditional uses.
(1)
Any use of the same general character as any of the above-permitted
uses.
(2)
Commercial recreational facilities that promote the working
environment of a permitted office campus use.
(3)
Warehousing as an accessory use to a permitted Office Campus
District use. Said warehousing must be contained within the same structure
as the permitted use.
A.
Principal uses.
(1)
Retail or personal service establishments, including, but not
limited to:
(a)
Appliance sales.
(b)
Banks.
(c)
Bakeries.
(d)
Barbershops and beauty parlors.
(e)
Book, card and stationery stores.
(f)
Candy and cigar stores.
(g)
Drugs, dry goods and variety stores.
(h)
Dry cleaners and laundries.
(i)
Florists.
(j)
Food stores.
(k)
Garden supplies.
(l)
Hardware stores.
(m)
Locksmiths.
(n)
Newsstands.
(o)
Business and professional offices.
(p)
Pet stores.
(q)
Photographic supplies, services and equipment.
(r)
Professional and general businesses offices.
(s)
Radio, television and appliance sales and service.
(t)
Shoe sales and repair service.
(u)
Soda fountains.
(v)
Tailors and dressmakers.
(w)
Wearing apparel stores.
(2)
Residential uses existing prior to the adoption of this chapter.
Preexisting substandard lots shall meet the setback requirements of
the R3 Zone.
B.
Conditional uses.
(1)
Restaurants, excluding fast food, subject to exhaust systems being vented to avoid creating a nuisance to adjoining uses or properties, and subject to compliance with Article VIII.
(2)
Businesses where alcoholic beverages are sold or consumed subject to compliance with Article VIII. No outside service or seating area will be permitted to avoid noise that will create a nuisance to adjoining uses and properties.
C.
Area and bulk requirements.
A.
Principal uses.
(1)
Retail or personal service establishments including, but not
limited to:
(a)
Appliance sales.
(b)
Banks.
(c)
Bakeries.
(d)
Barbershops and beauty parlors.
(e)
Book, card and stationery stores.
(f)
Candy and cigar stores.
(g)
Drugs, dry goods and variety stores.
(h)
Dry cleaners and laundries.
(i)
Florists.
(j)
Food stores.
(k)
Garden supplies.
(l)
Hardware stores.
(m)
Locksmiths.
(n)
Newsstands.
(o)
Business and professional offices.
(p)
Pet stores.
(q)
Photographic supplies, services and equipment.
(r)
Radio, television and appliance sales and service.
(s)
Shoe sales and repair service.
(t)
Soda fountains.
(u)
Tailors and dressmakers and wearing apparel stores.
(2)
Residential uses existing prior to the adoption of this chapter.
B.
Conditional uses.
(1)
Restaurants subject to exhaust systems being vented to avoid creating a nuisance to adjoining uses or properties, and subject to compliance with Article VIII.
(3)
Businesses where alcoholic beverages are sold or consumed subject to compliance with Article VIII. No outside service or seating area will be permitted to avoid noise that will create a nuisance to adjoining uses and properties.
(6)
Residential uses as accessory to a principal commercial use
of a structure so long as the commercial use occupies a minimum of
60% of the total floor area of the structure, the residential use
is limited to a single unit, both uses are served by central sewerage
service and adequate off-street parking serving the residential use
is provided.
[Added 9-12-2012 by Ord. No. 2012-13]
C.
Area and bulk requirements.
A.
Principal uses.
(1)
Commercial retail centers, individual retail units, and personal
service establishments fronting on arterial or major collector rights-of
way;
(2)
Light manufacturing and assembly.
(3)
Research, design, and experimental equipment operations laboratories.
(4)
Warehousing.
(5)
Trades, general and professional office buildings.
(6)
Wholesale.
(7)
Conference center/lodging complex.
(8)
Any combination of the above within a building or tract.
(9)
Theaters, recreation/entertainment complex.
(10)
Residential uses existing prior to the adoption of this chapter.
B.
Conditional uses.
(7)
Hospitals, philanthropic clinics, nursing homes and convalescent centers in compliance with § 176-104P.
(8)
Commercial-scale solar power arrays and support equipment conditioned
upon documented findings that appropriate buffering and mitigation
if any other adverse impacts to adjacent uses is demonstrated.
[Added 9-12-2012 by Ord. No. 2012-13]
(9)
Commercial solar-generating facilities subject to the following
standards:
[Added 9-12-2012 by Ord. No. 2012-13]
(a)
Minimum lot setback of 100 feet.
(b)
Minimum lot size of five acres.
(c)
Maximum coverage by the proposed array field: 60%.
(d)
Adequate security provisions.
(e)
Adequate access provisions.
(f)
Commercial solar-generating facilities shall be located and
screened in accordance with N.J.A.C. 7:50-5.36(a)2.
[Amended 3-13-2013 by Ord. No. 2013-1]
(11)
A Class 1 cannabis cultivator business, Class 2 cannabis manufacturing business, a Class 3 cannabis wholesaler business, a Class 4 cannabis distributor business and a Class 6 cannabis delivery business all as defined herein, subject to the regulations set forth in § 176-104 and in the chapter of the Township Code captioned "Cannabis."
[Added 4-13-2022 by Ord. No. 2022-6]
C.
Area and bulk requirements.
(1)
A.
Principal uses:
B.
Conditional uses:
(5)
Hospital, philanthropic clinic, nursing home and convalescent center in compliance with § 176-104P.
(8)
Hotels and motels on parcels of at least three acres.
(9)
Commercial scale solar generating facilities subject to the
following conditions:
[Added 9-12-2012 by Ord. No. 2012-13; amended 3-13-2013 by Ord. No.
2013-1]
(a)
Facilities may occupy any previously disturbed portions of a
parcel that have not subsequently been restored. The clearing of additional
lands to accommodate a proposed solar energy facility may also be
permitted, provided the percentage of cleared land on any parcel does
not exceed 30%, taking into consideration both existing and proposed
clearing.
(b)
Facilities should be sited to avoid lands with high ecological
values, such as undisturbed woodlands, wetlands, rare or critical
floral/faunal species habitats.
(c)
Additional approval conditions required include:
[1]
A minimum setback of 300 feet from any public right-of-way to
the facility.
[2]
A minimum setback of 500 feet from any wild and scenic river
to the facility.
[3]
A minimum setback of 500 feet to any occupied residential use
or residentially zoned parcel.
[4]
A minimum setback of 500 feet to any low-intensity recreational
facilities and campgrounds.
[5]
A visual impact analysis depicting the proposed array from a
series of perspectives, including all wild and scenic rivers, public
rights-of-way, low-intensity recreational facilities and campgrounds,
and residential properties within 0.5 mile of the subject parcel emphasizing
how glare is to be minimized and to indicate buffering provisions.
[6]
Description of natural and/or installed buffers designed to
shield the array from wild and scenic rivers, public rights-of way,
low-intensity recreational facilities and campgrounds, and residential
uses within close proximity.
[7]
A tree survey which provides an inventory of all mature (six
inches of greater dbh) trees being removed to accommodate the array,
along with a compensatory planning and maintenance plan indicating
how and where these specimens are to be replaced.
[8]
A description of how the project would be accessed for maintenance,
as well as by fire, police and EMS personnel.
[9]
A description and details of perimeter security measures.
(10)
A Class 1 cannabis cultivator business, a Class 2 cannabis manufacturing business, a Class 3 cannabis wholesale business, a Class 4 cannabis distributor business and a Class 6 cannabis delivery business all as defined herein, subject to the regulations set forth in § 176-104 and in the chapter of the Waterford Township Code captioned "Cannabis."[1]
[Added 10-13-2021 by Ord. No. 2021-17]
C.
Area and bulk requirements.
(1)
See § 176-126C(1) and (2) as to bulk requirement other than minimum lot size.
(2)
This district is not part of the regional growth area of the
Township and is not serviced by public sewer. All proposed development
must meet the environmental standards of two ppm for nitrate dilution
at property boundaries. Minimum lot size requirements will be established
based upon specific use area required to meet these standards.
A.
Principal uses:
(1)
Single-family detached houses, provided that clustering of the permitted units shall be required in accordance with § 176-136 whenever two or more units are proposed as part of a residential development.
[Amended 9-12-2012 by Ord. No. 2012-15]
(3)
Agricultural.
(4)
Agricultural employee housing as an element of and necessary
to an active agricultural operation.
(5)
Forestry.
(6)
Low-intensity recreational uses in compliance with § 176-104J(2).
(7)
Expansion of intensive recreational uses in compliance with § 176-104J(3).
B.
Conditional uses:
(1)
Institutional uses in compliance with § 176-104U, provided that:
(a)
The use does not require or will not generate subsidiary or
satellite development in the forest area;
(b)
The applicant has demonstrated that adequate public service
infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the forest
area in which the use is to be located.
(2)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, in compliance with § 176-104Q.
(3)
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.
(4)
Agricultural commercial establishments in compliance with § 176-104E and providing that the principal goods or products available for sale were produced in the Pinelands; and
(5)
Roadside retail sales and service establishments (farmers' markets) in compliance with § 176-104E, and provided that the proposed use will not unduly burden public services, including (but not limited to) water, sewer and roads.
A.
Principal uses:
(2)
Residential dwelling units at a density of one unit per 10 acres,
provided that:
(a)
The dwelling is accessory to an active agricultural operation;
(b)
The dwelling is for an operator or employee of the farm who
is actively engaged in and essential to the agricultural operation;
(c)
The dwelling is to be located on a lot that is under or qualified
for agricultural assessment;
(d)
The dwelling is located on a lot which has an active production
history or where a farm management plan has been prepared which demonstrates
that the property will be farmed as a unit unto itself or as part
of another farm operation in the area;
(e)
A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to § 176-57; and
(f)
No more than one lot may be created for a dwelling pursuant
to this subsection at any one time.
(3)
Agriculture.
(4)
Agriculture employee housing as an element of and accessory
to an active agricultural operation.
(5)
Forestry.
(6)
Low-intensity recreational uses in compliance with § 176-104J(2).
(7)
Expansion of intensive recreational uses in compliance with § 176-104J(3).
(8)
Agricultural commercial establishments in compliance with § 176-104E and provided that the principal goods or products available for sale were produced in the Pinelands.
(9)
Agricultural products processing facilities.
(10)
Public service infrastructure.
(11)
Centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural District only in accordance with § 176-101.
(12)
Pinelands development credits.
B.
Conditional uses:
(1)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, in compliance with § 176-104Q.
(2)
Airports and heliports which are accessory to agricultural uses and are used exclusively for the storage, fueling, loading and operation of aircraft as a part of an ongoing agricultural operation, in compliance with § 176-104F.
(3)
Fish and wildlife management, and wetlands management.
[Amended 9-12-2012 by Ord. No. 2012-15]
(4)
Residential dwelling units at a gross density of one unit per
40 acres, provided that:
(a)
The units shall be clustered on one-acre lots;
(b)
The remainder of the parcel, including all contiguous lands
in common ownership, which is not assigned to individual residential
lots shall be permanently dedicated for agricultural uses through
recordation of a restriction on the deed to the property; and
(c)
The restriction on the deed to the parcel, including any rights
to be redeemed for future residential development, shall be done in
accordance with N.J.A.C. 7:50-5, Part IV, to sever any Pinelands development
credits allocated to the parcel.
(5)
Commercial-scale solar array projects subject to the following
conditions:
[Added 9-12-2012 by Ord. No. 2012-13]
(a)
Facilities may occupy up to 20% of a parcel, but cannot exceed
10 acres overall.
(b)
Facilities should be sited to avoid:
[1]
Prime farmlands as classified by the Natural Resource Conservation
Service (NRCS).
[2]
Development should avoid lands with high ecological values,
such as undisturbed woodlands, wetlands, rare or critical floral/faunal
species habitats.
[3]
These lands within the district utilized for facilities will
not be eligible for Pinelands development credits (PDCs) unless the
energy facilities are decommissioned in the future.
(c)
Additional approval conditions required include:
[1]
A minimum setback of 300 feet from any public right-of-way to
the array.
[2]
A minimum setback of 500 feet to any occupied residential use
or residentially zoned parcel.
[3]
A visual impact analysis depicting the proposed array from a
series of perspectives, including all public rights-of-way and residential
properties within 0.5 mile of the subject parcel emphasizing how glare
is to be minimized and to indicate buffering provisions.
[4]
Description of natural and/or installed buffers designed to
shield the array from both public rights-of-way, as well as residential
uses in proximity to it.
[5]
A tree survey which provides an inventory of all mature (six
inches or greater dbh) trees being removed to accommodate the array,
along with a compensatory planting and maintenance plan indicating
how and where these specimens are to be replaced.
[6]
A description of how the project would be accessed for maintenance,
as well as by fire, police and EMS personnel.
[7]
A description and details of perimeter security measures.
(6)
A Class 1 cannabis cultivator business, a Class 2 cannabis manufacturing business, a Class 3 cannabis wholesale business, a Class 4 cannabis distributor business and a Class 6 cannabis delivery business all as defined herein, subject to the regulations set forth in § 176-104 and in the chapter of the Waterford Township Code captioned "Cannabis."[1]
[Added 7-28-2021 by Ord. No. 2021-9; amended 10-13-2021 by Ord. No.
2021-17]
C.
Area and bulk requirements:
(2)
Minimum setbacks:
(a)
Front yard: 200 feet [see § 176-52G for additional design standards and § 176-129C(6) for additional bulk requirements].
(b)
Side yard: 40 feet [see § 176-129C(6)].
(c)
Rear yard: 50 feet [see § 176-129C(6)].
(3)
Minimum road frontage: 200 feet [see § 176-129C(6)].
(4)
Minimum mean lot width: 200 feet [see § 176-129C(6)].
(5)
Maximum coverage of lot by impervious surfaces, including buildings:
20%.
(6)
Any permitted development on an undersized, nonconforming lot
in the AG District must meet the bulk and setback requirements set
forth for the R1 District.
A.
Principal uses:
(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
activities compatible with the existing soil and water conditions
that support traditional Pinelands berry agriculture.
(4)
Forestry.
(5)
Beekeeping.
(6)
Fish and wildlife management and wetlands management.
[Amended 9-12-2012 by Ord. No. 2012-15]
(7)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres.
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation.
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage.
(d)
The parcel will contain no more than one campsite per two acres,
provided that the campsites, if clustered, will not exceed a net density
of six per acre.
(e)
Clearing of vegetation, including ground cover and soil disturbance
does not exceed 5% of the parcel; and
(f)
No more than 1% of the parcel will be covered with impervious
surfaces.
[Amended 9-12-2012 by Ord. No. 2012-15]
(8)
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979, and the capacity of the use will not exceed two times the
capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Preservation Area District and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
(9)
Public service infrastructure that is necessary to serve only
the needs of the Preservation Area uses. Centralized wastewater treatment
and collection facilities shall be permitted to service the Preservation
District only in accordance with § 171-101.
(10)
Continuation of resource extraction operations in accordance
with the standards of N.J.A.C. 7:50-6, Part VI.
(11)
Pinelands development credits.
A.
Principal uses:
(1)
Schools, educational facilities, public or private.
(2)
Places of worship.
(3)
Nonresidential senior citizen activity center.
(4)
Municipal and other governmental uses and structures.
(5)
Utilities and public works facilities.
(6)
Fire and emergency service facilities.
(7)
Cemeteries.
(8)
Those properties included in the PF District that are privately
owned as of the effective date of this chapter may be developed in
accordance with the area and bulk requirements of the PV District.
(9)
Residential uses existing prior to the adoption of this chapter.
B.
Area and bulk requirements:
A.
Principal uses:
(1)
Offices of commonly recognized professionals similar to physicians,
attorneys, dentists, accountants, architects, planners and engineers.
This shall not be construed to include real estate offices and insurance
offices, licensed public movers, general contractors, barbering, hairstyling.
(2)
Residential uses as permitted in R1 Zone in accordance with
the bulk requirements of that zone.
B.
Conditional uses: Professional office uses, as noted in Subsection A(1), may be developed and operated within single-family homes on lots of one acre or greater with frontage along Atco Avenue, so long as the home is the primary residence of the professional, both uses are served by central sanitary sewer, adequate off-street parking is provided for both uses, and the office space does not occupy more than 40% of total structural square footage. It must be demonstrated that the proposed hours of operation, traffic, lighting and noise impacts will not generate adverse impacts to the local neighborhood.
[Added 9-12-2012 by Ord. No. 2012-13]
C.
Area and bulk requirements:
A.
Principal uses:
(1)
Schools, educational facilities, recreational facilities public
or private.
(2)
Churches and houses of worship.
(3)
Nonresidential senior citizen activity center.
(4)
Municipal and other governmental uses and structures.
(5)
Utilities and other public works facilities.
(6)
Fire and emergency service facilities.
(7)
Cemeteries.
(8)
Those properties included in the RPF District that are privately
owned as of the effective date of this chapter may be developed in
accordance with the area and bulk requirements of the RR District.
(9)
Residential uses existing prior to the adoption of this chapter.
B.
Area and bulk requirements:
B.
Conditional uses:
(1)
Restaurants, excluding fast food, subject to exhaust systems being vented to avoid creating a nuisance to adjoining uses or properties, and subject to compliance with Article VIII.
(2)
Businesses where alcoholic beverages are sold or consumed subject to compliance with Article VIII. No outside service or seating area will be permitted to avoid noise that will create a nuisance to adjoining uses and properties.
C.
Area and bulk requirements:
[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:
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:
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.
