This chapter shall be known as the "Zoning Ordinance for the Pinelands Area of the Township of Winslow."
The purposes of this chapter are to:
A.
Promote orderly development. To protect the character and maintain the stability of residential, business and industrial areas and secure and protect open space and recreation areas with the township and to promote the orderly and beneficial development of the township.
B.
Limit congestion on streets. To limit congestion in the public streets and to protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
C.
Protect against hazards. To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare.
D.
Regulate intensity of use. To regulate the intensity of use within zoning districts and to determine the area of open spaces surrounding buildings, which spaces shall be necessary to provide adequate light and air, privacy, convenience and access to property and to protect the public health.
E.
Regulate location of buildings. To establish building lines and the location of buildings designed for residential, commercial, industrial or other uses within such lines.
F.
Establish standards of development and encourage good aesthetics. To fix reasonable standards to which buildings or structures shall conform and to encourage the highest standards of aesthetics within the township.
G.
Prohibit incompatible uses. To prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts.
H.
Regulate alterations of existing buildings. To prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
I.
Conserve taxable value of land. To conserve the taxable value of land and buildings throughout the township.
J.
Implement Master Plan. To implement the Master Plan for the Pinelands Area of the township, particularly the land use element of said plan.
K.
Implement Pinelands standards. To implement the Pinelands Protection Act. (N.J.S.A. 13:18-1 to 18A-29) and the Pinelands Comprehensive Management Plan so as to preserve and protect the significant and unique resources of the Pinelands.
[Amended 6-22-1988 by Ord. No. O-16-88]
A.
The Pinelands Area of the township is hereby classified into 18 zoning districts which are consistent with the Pinelands Management Areas set forth in Section 5.201 through 5.208 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.11 et seq.) and shall be known and identified as:
[Amended 7-20-1993 by Ord. No. O-20-93; 3-26-2002 by Ord. No. O-6-02; 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
PR-1 | Rural Residential |
PR-2 | Low-Density Residential |
PR-3 | Medium-Density Residential |
PR-4 | High-Density Residential |
PR-5 | Pinelands Rural Development Residential |
PR-6 | Pinelands Village Low-Density Residential |
PC-1 | Minor Commercial |
PC-2 | Major Commercial |
PC-3 | Pinelands Village Minor Commercial |
PC-4 | Pinelands Rural Development Minor Commercial |
PI-1 | Industrial |
PI-2 | Pinelands Village Industrial |
PI-3 | Pinelands Rural Development Industrial |
PRC | Recreation and Conservation |
PP | Preservation Area |
PA | Agricultural |
Ancora |
B.
The Township of Winslow finds that for the public health, safety and general welfare of its citizens, all resource extraction operations are now prohibited in any and all districts within the Township of Winslow. Any existing resource extraction operation may continue to operate within the Township of Winslow subject to the licensing requirements and regulations of Chapter 179, as amended, of the Code of the Township of Winslow.
(1)
For the purpose of this subsection, the term "resource extraction" shall mean the removal of soil for sale or for use other than on the premises from which the soil shall be taken.
(2)
The term "soil" shall be defined as both surface (topsoil) and subsoil and shall include dirt, stone, gravel, sand, humus, clay, loam, rock ilmenite and mixtures of any of these.
[Amended 3-2-89 by Ord. No. 0-14-89]
(3)
Notwithstanding the above, the extraction or mining of soil, other than sand, gravel, clay and ilmenite, is prohibited in the Pinelands Area.
[Amended 3-22-89 by Ord. No. 0-14-89]
The boundaries of all zoning districts set forth in this chapter are shown on the map entitled "Zoning Map, Pinelands Area of Winslow Township," which map is hereby made part of this chapter.[1]
[Map amendments: 5-19-1992 by Ord. No. O-11-92; 7-20-1993 by Ord. No. O-20-93; 12-20-1994 by Ord. No. O-27-94; 4-28-1998 by Ord. No. O-9-98; 3-26-2002 by Ord. No. O-6-02; 3-26-2002 by Ord. No. O-7-02[2]; 5-24-2005 by Ord. No. O-15-05; 5-26-2020 by Ord. No. O-2020-015[3]; 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
[1]
Editor's Note: Said map is on file in the office of the Township Clerk.
[2]
Editor's Note: See Schedule 4, included as an attachment to this chapter, for specific zone changes effected by Ordinance No. O-06-02 and enumerated in Ordinance No. O-07-02.
[3]
Editor’s Note: See Schedule 5, included as an attachment to this chapter, for specific zone changes set forth in Ord. No. O-2020-015, as amended by Ord. No. O-2021-023 and Ord. No. O-2022-004.
Zoning district boundaries are intended to follow lot and property lines, street or alley lines or by hypothetical extensions of said lines. Where the Zoning Map indicates a district boundary approximately on a lot, street or alley line, the center line of said lot, street or alley shall be construed to be the boundary. Where district boundaries approximately follow lot lines and where they do not scale more than ten (10) feet distant therefrom, such lines shall be construed to be such boundaries, unless specifically shown otherwise.
[Amended 5-24-89 by Ord. No. 0-27-89]
A.
Hereafter, no land shall be used or occupied and no building structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the zoning district in which such land, building or structure is located. In cases of mixed use of occupancy, the regulations for each use shall apply to the portion of the building or land so used or occupied.
B.
No more than one (1) principal use shall be located on one (1) lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management and recreational development on agricultural lands.
[Amended 7-19-11 by Ord. No. O-2011-017]
A.
Terms defined in the Pinelands Plan. The following certain terms, words or phrases used in this chapter which are peculiar to the standards and development regulations established by the Pinelands Commission are intended to have the meanings as defined in Section 2-201 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-2.11): agricultural employee housing; agricultural or horticultural purpose or use; agricultural products processing facilities; animals, threatened or endangered; building; camper; campsite; comprehensive management plan; contiguous land; density; drainage; dwelling; dwelling unit; electric distribution lines; electric transmission lines; erosion; family; fire hazard; height; immediate family; impermeable surface; institutional use; interested person or party; land; middle-income household; mobile home; navigable waters; off-site commercial advertising sign; parcel; person; plants, threatened or endangered; preservation area; protection area; public development; recommended management practice; sign; solar energy facility; standard subsurface sewage disposal system; structural alteration; structure; subdivision; utility distribution line; and wetlands.
[Amended 2-23-83 by Ord. No. 0-2-83; 3-22-89 by Ord. No. 0-19-89; 5-24-89 by Ord. No. 0-27-89; 7-19-11 by Ord. No. O-2011-017; 8-21-18 by Ord. No. O-2018-018]
B. ACCESSORY USE OR BUILDING(1) (2) (3) (4) AGRICULTURAL COMMERCIAL ESTABLISHMENT APPLICATION FOR DEVELOPMENT APPROVAL AGENCY ARTIFICIAL REGENERATION BED AND BREAKFAST BEDDING BROADCAST SCARIFICATION BUILDING COVERAGE CERTIFICATE OF APPROPRIATENESS CERTIFICATE OF FILING CHILD CARE CENTER CLEARCUTTING COPPICING DEVELOPER DEVELOPMENT(1) (2) (3) (4) (5) (6) (7) (8) (9) DEVELOPMENT APPROVAL DEVELOPMENT MAJOR DEVELOPMENT, MINOR DISKING DISTRIBUTION DRUM CHOPPING FAMILY DAYCARE HOME FISH AND WILDLIFE MANAGEMENT FLOODPLAIN FORESTRY(1) (2) (3) (4) (5) (6) FOREST STAND FULFILLMENT WAREHOUSE/CENTER GREENHOUSE GROUP SELECTION HIGH-CUBE WAREHOUSE HISTORIC RESOURCE HYDROPHYTES IMMEDIATE FAMILY IMPERVIOUS SURFACE INDIVIDUAL SELECTION INSTITUTIONAL USE INTERESTED PERSON OR PARTY INTERIM RULES AND REGULATIONS LANDFILL LAST-MILE FULFILLMENT FACILITIES LOCAL COMMUNICATIONS FACILITY LOT COVERAGE MOBILE RETAIL FOOD ESTABLISHMENTS (FOOD TRUCKS) NATURAL REGENERATION PERMEABILITY PILE HEIGHT PINELANDS PINELANDS AREA PINELANDS COMMISSION PINELANDS COMPREHENSIVE MANAGEMENT PLAN PINELANDS DEVELOPMENT CREDITS PINELANDS DEVELOPMENT REVIEW BOARD PINELANDS NATIONAL RESERVE PINELANDS NATIVE FOREST TYPE PINELANDS PROTECTION ACT PINELANDS RESOURCE-RELATED USE PUBLIC SERVICE INFRASTRUCTURE RECORD TREE RECREATIONAL FACILITY, INTENSIVE RECREATIONAL FACILITY, LOW-INTENSIVE REGIONAL GROWTH AREA RESOURCE CONSERVATION PLAN RESOURCE EXTRACTION RESOURCE MANAGEMENT SYSTEM PLAN ROOT RAKING SEASONAL HIGH-WATER TABLE SEED TREE CUT SHELTERWOOD CUT SOLAR ENERGY FACILITY SPECIMEN TREE THINNING TRUCK TERMINAL WAREHOUSING WETLANDS MANAGEMENT WETLANDS or WETLAND WETLANDS SOILS
Specific definitions. Because of the frequent use and importance of certain terms, their specific definitions are given below. Said terms shall have the meanings hereinafter stated, unless the context shows another sense to be intended:
[Amended 2-25-97 by Ord. No. 0-2-97]
A use or building which:
Is subordinate to and serves a principal building or a principal use;
Is subordinate in area, extent and purpose to the principal building or principal use served;
Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal building or principal use served; and
Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
A retail sales establishment primarily intended to sell agricultural products in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include a farm itself, nor facilities which are solely processing facilities.
[Added 8-23-89 by Ord. No. 0-41-89]
Means any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite for initiating development in the Pinelands Area, except as provided in Section 40-38.
[Added 5-24-89 by Ord. No. 0-27-89]
Any board, body or other authority within the township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
[Added 2-23-83 by Ord. No. 0-2-83]
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 7-19-11 by Ord. No. O-2011-017]
A private, detached single-family dwelling that (i) is occupied by its owner, as the owner's primary residence, on a year-round basis, (ii) includes income-producing overnight lodging for traveling guests in dedicated guest rooms that do not include cooking facilities, and (iii) limits its services to guests to maid service, linen service, incidental food service such as continental breakfasts and afternoon tea, and other incidental, non-labor intensive, low-cost services.
[Added 8-16-2022 by Ord. No. O-2022-018]
A silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.
[Added 7-19-11 by Ord. No. O-2011-017]
A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce above-ground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 7-19-11 by Ord. No. O-2011-017]
The area of a lot covered by buildings measured on a horizontal plane around the periphery of the foundations and including the area under a roof as measured around the extremities of the roof.
[Added 8-16-2022 by Ord. No. O-2022-018]
Issued by the Township Planning Board, as authorized under Section 6-1405 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.156), as a means for ensuring the review of plans to alter, remodel, relocate or demolish structures, areas or sites designated in the Pinelands Area as historic, archaeological or cultural resources of significance to the Pinelands.
[Amended 5-24-89 by Ord. No. 0-27-89]
Issued by the Executive Director of the Pinelands Commission on applications for development within the Pinelands Area as a prerequisite for determination by a local permitting agency that an application for development within the municipality is complete.
[Amended 5-24-89 by Ord. No. 0-27-89]
A facility for the care, development or supervision of six or more children under six years of age who attend the facility for less than 24 hours a day. The facility, where permitted, shall be licensed by the State Department of Human Services, Division of Youth and Family Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
[Added 8-16-2022 by Ord. No. O-2022-018]
A silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
[Added 7-19-11 by Ord. No. O-2011-017]
A silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.
[Added 7-19-11 by Ord. No. O-2011-017]
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
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 (2) or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
A change in type of use of a structure or land.
A reconstruction, alteration of size or material change in the external appearance of a structure or land.
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or land.
Commencement of resource extraction, drilling or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
Commencement of forestry activities.
[Added 5-24-89 by Ord. No. 0-27-89]
Any approval granted by an approval agency, including appeals to the governing body, except certification of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit subdivision or site plan approval.
[Added 2-25-83 by Ord. No. 0-2-83)
Any division of land into five (5) or more lots; any construction or expansion of any housing development of five (5) or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three (3) acres; or any grading, clearing or disturbance of an area in excess of five thousand (5,000) square feet.
All development other than major development.
A silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.
[Added 7-19-11 by Ord. No. O-2011-017]
Those facilities engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including trans-shipment by boat, rail, air, or motor vehicle. Distribution shall not include fulfillment warehouse/center(s) or high-cube warehouses.
[Added 3-14-2023 by Ord. No. O-2023-006]
A silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.
[Added 7-19-11 by Ord. No. O-2011-017]
A private residence registered pursuant to the Family Day-Care Provider Registration Act [P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et seq.)] where child care services are provided for a fee to not less than three or more than five children at any one time for no less than 15 hours per week.
[Added 8-16-2022 by Ord. No. O-2022-018]
The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
The relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater.
[Amended 2-25-97 by Ord. No. 0-2-97; 5-24-89 by Ord. No. O-27-89; 7-19-11 by Ord. No. O-2011-17]
The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
Removal of trees located on a parcel of land one (1) acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way.
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 7-19-11 by Ord. No. O-2011-017]
Those facilities involved in receipt of bulk products and the storage, separation and distribution of said products on an individual basis to individual end user consumers (not retail). This includes e-commerce activities.
[Added 3-14-2023 by Ord. No. O-2023-006]
A building whose roof and sides are largely made of glass, or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.
[Added 10-22-2024 by Ord. No. O-2024-030]
A silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Adopted 7-19-11 by Ord. No. O-2011-017]
Large shell steel-framed buildings with clear pile height of twenty-four (24) feet or greater and with operations consisting of automated storage and retrieval systems.
[Added 3-14-2023 by Ord. No. O-2023-006]
Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, State, county, local or regional level.
[Amended 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97]
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
[Added 5-24-89 by Ord. No. 0-27-89; amended 2-25-97 by Ord. No. 0-2-97; 8-21-18 by Ord. No. O-2018-018]
Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in urban areas by the united states department of agriculture, natural resources conservation service title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.
[Adopted 7-19-11 by Ord. No. O-2011-017]
A silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Adopted 7-19-11 by Ord. No. O-2011-017]
Means 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 5-24-89 by Ord. No. 0-27-89; amended 6-19-01 by Ord. No. 0-13-2001]
Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
[Added 2-23- 83 by Ord. No. 0-2-83]
Means the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
[Added 5-24-89 by Ord. No. 0-27-89]
A site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste derived material occurs in accordance with N.J.A.C. 7:50-6.79.
[Amended 2-25-97 by Ord. No. 0-2-97]
These facilities are smaller than fulfillment warehouses or centers and serve as the final leg of delivery to individual end users/households.
[Added 3-14-2023 by Ord. No. O-2023-006]
An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
[Added 2-25-97 by Ord. No. 0-2-97]
The area of a lot covered by buildings, structures, paved surfaces, and compacted stone. Paved surfaces include, but are not limited to, sidewalks, patios and decks, whether constructed of blacktop, compacted stone, flagstone, brick, concrete, wood or similar material, but excludes water surfaces of any swimming pool. For purposes of this chapter, the water surface area of any swimming pool shall not be calculated as lot coverage.
[Added 8-16-2022 by Ord. No. O-2022-018]
Any movable restaurant, truck, van, trailer, cart, bicycle or other movable unit, including hand-carried, portable containers in or on which food or beverage is transported, stored or prepared for retail sale or given away at temporary locations.
[Added 8-16-2022 by Ord. No. O-2022-018]
The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Adopted 7-19-11 by Ord. No. O-2011-017]
The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
[Adopted 7-19-11 by Ord. No. O-2011-017]
The distance, measured from the grade of the warehouse floor to the top-most item of an accumulation or accumulations of cargo of any description on or off pallets.
[Added 3-14-2023 by Ord. No. O-2023-006]
The Pinelands National Reserve and the Pinelands Area.
That area designated as such by Section 10(a) of the Pinelands Protection Act.[1]
Created pursuant to Section 5 of the Pinelands Protection Act.[2]
The plan adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.[3]
A use right allocated to certain lands within the Pinelands Area, pursuant to Section 5-403 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.43), that can be used to secure a residential density bonus on certain lands within the township.
Means the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands Area which required approvals of other State agencies, except where the Pinelands Commission acted on applications during that time period.
[Added 5-24-89 by Ord. No. 0-27-89]
That area designated as such by Section 3i of the Pinelands Protection Act.[4]
See N.J.A.C. 7:50-6.43.
[Adopted 7-19-11 by Ord. No. O-2011-017]
N.J.S.A. 13:18A-1 to 18A-29.
Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
[Amended 5-24-89 by Ord. No. 0-27-89]
Means sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
[Added 5-24-89 by Ord. No. 0-27-89]
The largest tree of a particular species in New Jersey based on its circumference at four and five-tenths (4.5) feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 2-25-97 by Ord. No. 0-2-97]
Any recreational facility which does not satisfy the definition of "low-intensive recreational facility," including but not limited to golf courses, marinas, amusement parks, hotels and motels.
[Amended 5-24-89 by Ord. No. 0-27-89]
A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 2-25-97 by Ord. No. 0-2-97]
That area within the Pinelands section of Winslow Township designated by the township and approved by the Pinelands Commission as a growth area and delineated on the Winslow Township Zoning Map as the "Regional Growth Area."
[Added 4-24-91 by Ord. No. 0-12-91]
A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
[Amended 5-24-89 by Ord. No. 0-27-89]
A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
[Adopted 7-19-11 by Ord. No. O-2011-017]
A silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.
[Adopted 7-19-11 by Ord. No. O-2011-017]
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
[Amended 5-24-89 by Ord. No. 0-27-89]
A silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.
[Adopted 7-19-11 by Ord. No. O-2011-017]
A silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
[Adopted 7-19-11 by Ord. No. O-2011-017]
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 8-21-18 by Ord. No. O-2018-018]
[Repealed 2-25-97 by Ord. No. 0-2-97]
A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 7-19-11 by Ord. No. O-2011-017]
Building, structure or land where, as a principal use, trucks and/or tractor trailers are rented, leased, or stored, or are dispatched for hire.
[Added 3-14-2023 by Ord. No. O-2023-006]
Those facilities involved in the short- to long-term storage of bulk materials and products. Items are brought in and distributed in bulk with little to no material repackaging, repurposing or breakup. Warehousing shall not include fulfillment warehouse/center(s) or high-cube warehouses.
[Added 3-14-2023 by Ord. No. O-2023-006]
The establishment of a characteristic wetland or the removal of exotic species or Phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.
[Adopted 7-19-11 by Ord. No. O-2011-017]
Lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands - a Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in N.J.A.C. 7:50-2.11, 7:50-6.3, 7:50-6.4 and 7:50-6.5.
[Amended 4-11-2023 by Ord. No. O-2023-014]
Those soils designated as very poorly drained by the Soil Conservation Service, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon Muck, Othello, Pocomoke, St. Johns and freshwater marsh and tidal marsh soil types.
[Amended 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97]
Notwithstanding the use restrictions contained in this chapter, 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 Article XV of this chapter, may be expanded or altered provided that:
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 Article XV of this chapter; and
C.
The area of expansion does not exceed fifty percent (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.
[Amended 12-21-83 by Ord. No. 0-21-83; 2-25-97 by Ord. No. 0-2-97]
Notwithstanding the density limitations or other provisions of this chapter, a single family dwelling may be developed on a parcel of land of one (1) acre or more in the PR-1, PRC and PA Districts, 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.
[Added 4-24-85 by Ord. No. 0-17-85; amended 5-22-85 by Ord. No. 0-19-85]
Notwithstanding any other provisions of this chapter, the owner of a parcel of land located in the Pinelands Area of the township shall be deemed exempt from the bulk regulations of the zoning district in which the parcel of land is situated, provided that the owner of such land has obtained approval of a waiver of strict compliance permitting development of a single-family dwelling on that parcel from the Pinelands Commission and has filed a certified true copy of such waiver approval with the Construction Official of the Township of Winslow along with documentation that a duplicate application for development has been submitted to the Pinelands Commission pursuant to § 40-39 of the Code of the Township of Winslow. The development of the lot shall conform to the requirements of the waiver of strict compliance.
[Added 3-22-89 by Ord. No. 0-17-89; Amended 5-24-89 by Ord. No. 0-27-89; 8-23-89 by Ord. No. 0-41-89; 2-25-97 by Ord. No. 0-2-97]
Residential dwelling units on three and two-tenths (3.2) acre lots may be permitted in the PP, PRC, or PA Districts, 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 individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five (5) 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; and
D.
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five (5) years and that person or one (1) or more members of that person's immediate family has resided in the Pinelands for a total of at least twenty (20) different years.
[Added 7-20-93 by Ord. No. 0-20-93]
Residential dwelling units on one (1.0) acre lots may be permitted in the PP, PRC, PA, PR-1 or PR-5 Districts, provided that:
B.
The lot to be developed existed as of February 8, 1979 or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1991;
C.
The applicant qualifies for and receives from the township a variance from the three and two-tenths (3.2) acre lot size requirement set forth in Section 296-9.2 of this chapter;
D.
The applicant purchases and redeems twenty-five hundredths (0.25) Pinelands Development Credits; and
[Added 7-20-93 by Ord. No. 0-20-93]
Residential dwelling units on one (1.0) acre lots existing as of January 14, 1981 shall be permitted in the PRC, PR-1 and PR-5 Districts, provided that:
A.
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least twenty-seven (27) acres if development is proposed in the PRC District and at least three and two-tenths (3.2) acres if development is proposed in the PR-1 or PR-5 Districts;
B.
All lands acquired pursuant to Subsection A above, which may or may not be developable, are located within the same zoning district where development is proposed;
C.
All noncontiguous lands acquired pursuant to Subsections A and B above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 7-19-11 by Ord. No. O-2011-017]
(1)
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 five percent (5%) of the land may be cleared, no more than one percent (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 this chapter;
(b)
Where agricultural use exists on a parcel proposed to be protected, 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 fifty percent (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 (5) years prior to submission of an application for density transfer;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection C(1)(b)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection C(1)(a) above and shall not provide for continuation of any agricultural use of the parcel; and
[4]
The deed of restriction to be recorded pursuant to Subsection C(1)(b)[1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent (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.
(2)
The deed of restriction shall be in favor of the parcel to be developed and a public agency or nonprofit conservation organization other than the Township of Winslow. 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.
D.
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
A.
The height limitations set forth in the Schedules of Area, Yard and Bulk Requirements shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of two hundred (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. Antennas which do not exceed a height of sixty-three (63) feet (rather than two hundred (200) feet) and which are accessory to an otherwise permitted use may be considered exempt from normal height limitations.
[Amended 4-28-98 by Ord. No. 0-8-98]
B.
The height limitation set forth in the Schedules of Area, Yard and Bulk Requirements shall also not apply to the antenna and any supporting structure of a local communication facility of greater than thirty-five (35) feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
Notwithstanding the requirements contained in this chapter or any other chapter of the Code of the Township of Winslow, pertaining to side yard setbacks in any residential zone located within the township, a variance pertaining to a side yard setback shall not be required where a property owner proposes to construct an addition onto an existing residential structure if the following conditions exist:
A.
The residential structure was originally constructed pursuant to regulations for zero lot line single family detached dwellings subject to a zero (0) side yard setback requirement or a three (3) foot side yard setback requirement; and
B.
The proposed addition is in compliance with the schedule of area, bulk and height requirements in effect at the time the structure was originally constructed; and
C.
The property owner can demonstrate to the Construction Code Official and/or Zoning Officer that the residential structure satisfied the schedule of area, bulk and height requirements in effect at the time said home was originally constructed.
[Amended 10-23-18 by Ord. No. O-2018-021]
Notwithstanding the requirements contained in this Chapter or any other chapter of the Code of the Township of Winslow, in any zone containing structures for residential use located within the Township, utility sheds not exceeding two hundred (200) square feet of the type which do not require issuance of building permits under the Uniform Construction Code, shall be permissible in any side or rear yard provided:
A.
The property owner can demonstrate in an application to be submitted to the Zoning Officer that the proposed utility shed is in accordance with all area, yard and bulk requirements for accessory buildings in such zone.
[Added 11-17-98 by Ord. No. 0-22-98; amended 2-23-99 by Ord. No. 0-2-99]
[Added 10-22-2024 by Ord. No. O-2024-030[2]]
A.
Cannabis establishments for Class 1, 2, 3, and 4 licensed cultivation, manufacturer, wholesaler and distributors shall be permitted as conditional uses in the PI-1 Industrial District, PI-2 Pinelands Village Industrial District and PI-3 Pinelands Rural Development Industrial District and PC-2 Major Commercial District, subject to the following requirements:
(1)
All cannabis establishments for Class 1, 2, 3, and 4 licensed cultivation, manufacturing/processing, wholesale and distribution shall meet all requirements for licensure and hold the appropriate license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.
(2)
No cannabis establishment shall permit on-site consumption of cannabis or cannabis related products including no on-site sales and consumption of alcohol or tobacco products.
(3)
No outside storage of any cannabis, cannabis products or cannabis related materials shall be permitted. All products shall be stored in an enclosed building.
(4)
Hours of operation for delivery timings of any cannabis facility shall be limited from 8:00 a.m. to 8:00 p.m. seven days a week.
(5)
For each cannabis establishment located within the Township, a security plan to be approved by Winslow Police Department shall be provided to demonstrate how the facility will maintain effective security and control of the operations. The plan should include the following, but not limited to:
• | Type of security systems to be installed. |
• | Installation, operation and maintenance of security camera coverings for all interior and exterior parking lots, loading areas and other such areas of the establishments. |
• | Tracking and record keeping of products and materials. |
• | Type of lighting provided in and around the establishments. |
• | Location on site security team and armed guard on premises. |
(6)
Township of Winslow shall permit a maximum of four cannabis establishments inclusive of all Class 1, 2, 3, and 4 licensed facilities within the Pinelands, including those already in existence prior to adoption of this section. No retail cannabis establishment Class 5 and/or delivery establishment Class 6 shall be permitted within the Township.
(7)
All cannabis establishments for Class 1, 2, 3 and 4 businesses shall provide detailed information on odor control from these sites. This shall include air treatment systems with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person or reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located in the same building if the use occupies a portion of the building.
(8)
All cannabis establishments for Class 1, 2, 3, and 4 businesses shall provide for noise mitigation features designed to minimize disturbances from machinery, processing or packing operations, loading and other noise-generating equipment and machinery. All licensed facilities must operate within applicable state decibel requirements.
(9)
Loitering, disruption to and/or obstruction of the free passage of persons or vehicles in immediate vicinity of the property shall be considered unlawful.
(10)
All cannabis establishments for Class 1, 2, 3 and 4 businesses shall be conducted within a building, that may include a greenhouse. No operations shall be conducted outside, except for purposes of transportation.
(11)
Any proposed cannabis establishment operation in the PC-2 Zone shall be deemed a conditional use, subject to the following conditions:
a.
Minimum lot/site size: 100,000 square feet.
b.
Maximum building coverage: 40%.
c.
Maximum impervious coverage: 70%.
d.
Minimum principal building setback (all sides): 75 feet.
e.
Maximum building height: 45 feet.
f.
A fifty-foot landscaped buffer shall be provided along all boundaries of the tract.
g.
All loading areas and tractor-trailer parking spaces shall be located to the rear of any proposed building.
h.
All accessory structures and/or uses, with the exception of fences, shall be set back from property lines a minimum of 50 feet.
(12)
PI-1, PI-2, PI-3 Zones. Any proposed cannabis establishment operation in the PI-1, PI-2 and PI-3 Zones shall be deemed a conditional use, subject to the following conditions:
a.
b.
Maximum building coverage: 40%.
c.
Maximum impervious coverage: 70%.
d.
Minimum principal building setback (front yard): 50 feet.
e.
Minimum principal building setback (side yard): 25 feet.
f.
Minimum principal building setback (rear yard): 50 feet.
h.
A fifteen-foot landscape buffer shall be provided along all boundaries of the tract with road frontage or that abut a residential use.
i.
All loading areas and tractor-trailer parking spaces shall be located to the rear of any proposed building.
j.
All accessory structures and/or uses, with the exception of fences, shall be set back from property lines a minimum of 25 feet.
(13)
No cannabis establishments shall be located within 250 feet of an house of worship, school, day care or residential zoning district as measured from closest point of the building of the cannabis establishment to the closet point of the building for the house of worship, school or day care or the closest residential dwelling in the residential zoning district.
(14)
A water reclamation plan for a Class I cannabis cultivation establishment shall be submitted and subject to review and approval by the Township Engineer for properties connecting to public water.
(15)
Cannabis establishments for Class 1, 2, 3 and 4 businesses shall provide the following the number of off-street parking spaces. Where the calculation results in a fraction of a space, the required number of parking spaces shall be rounded to the nearest whole number.
Cannabis Cultivator | 1 space per employee, at maximum shift, and 1 space per 250 square feet of gross floor area for office uses. |
Cannabis Manufacturer | 1 space per employee, at maximum shift, and 1 space per 250 square feet of gross floor area for office uses |
Cannabis Wholesaler | 1 space per employee, at maximum shift, and 1 space per 250 square feet of gross floor area for office uses |
Cannabis Distributor | 1 space per employee, at maximum shift, and 1 space per 250 square feet of gross floor area for office uses |
[1]
Editor's Note: Former Section 296-9.9, Cannabis and cannabis products, added 8-17-2021 by Ord. No. O-2021-018, was repealed 10-22-2024 by Ord. No. O-2024-030.
[2]
Editor's Note: This ordinance provided that it shall amend and supersede certain provisions of Ord. No. O-2021-019, specifically Article I, Section 296-9.9, except for properties which have already been granted land use approvals and/or zoning permits for a cannabis establishment, which shall have lawful preexisting non-conforming use rights, pursuant to N.J.SA. 40:55D-68.
[Added 10-12-2021 by Ord. No. O-2021-023; amended 3-8-2022 by Ord. No. O-2022-004]
For lots that are within two or more zoning districts, density and floor area ratio (FAR) shall be calculated based upon the amount of land of the given lot within the zone in which the development is proposed to be located. For example, if a lot is split zoned PC-2/PR-4 and commercial development is proposed on the PC-2 portion of the lot, then the FAR calculation shall only take into consideration the land area of the PC-2 portion of the lot. Similarly, if a lot is split zoned PC-2/PR-4 and residential development is proposed on the PR-4 portion of the lot, then the density calculation shall only take into consideration the land area of the PR-4 portion of the lot.
[Added 12-20-2022 by Ord. No. O-2022-032]
(A)
Convenience store with motor fuel dispensing shall be permitted as a conditional use in the PC-2 Major Commercial District, PC-3 Pinelands Village Minor Commercial District, PC-4 Pinelands Rural Development Minor Commercial District and for properties with road frontage on U.S. Route 30 within the PR-1 Rural Residential District provided that the following conditions are met:
(1)
Minimum lot size:
[a]
1.5 acres;
[b]
Notwithstanding the minimum lot size set forth above, if the lot is not served by a centralized sewer treatment or collection system, then the minimum lot size shall be that which is needed to the meet the water quality standards of § 218-4B.
Within the PR-1 and PC-4 districts, the minimum lot size shall be that which is needed to the meet the water quality standards of § 218-4B, regardless of whether the lot is to be served by a centralized sewer treatment or collection system.
(2)
Maximum building size: 6,500 square feet, exclusive of any fuel area canopy;
(3)
Maximum number of fueling stations: 10 dispensers with 2 fueling positions at each;
(4)
Maximum height for convenience store building: 35 feet, exclusive of towers, cuppolas or other architectural elements;
(6)
Fuel area canopy: the height of any fuel area canopy shall not exceed the height of convenience store building. Fuel area canopies shall be permitted in the front, side and/or rear yards;
(7)
Parking: minimum of 1 space for each 200 square feet of building footprint, plus 1 space for each employee on the most heavily staffed shift. Additional parking may be provided to enhance internal circulation and eliminate stacking at driveways. Parking shall be permitted in the front, side and/or rear yards. No landscaping shall be required within parking areas or between building and parking areas;
(8)
Driveways: Two-way driveways shall have a curbline opening of twenty-four (24) to one hundred forty (140) feet;
(9)
Signs for convenience store with motor fuel dispensing:
[a]
Free standing signs: 1 free standing pole sign at the driveway of each street frontage, with fuel pricing, maximum area of 100 square feet per side, maximum height of 20 feet, minimum setback of 5 feet from any street, and maximum clearance of 10 feet; and
[b]
Facade sign: 2 facade signs, 1 each on the front and back of the building, not to exceed 20% of the front wall area, with a maximum height not to exceed the height of the facade to which they are attached; and
[c]
Canopy signs: maximum of 3 canopy signs, 2 "spanner" signs no wider than the width of the canopy, located under the canopy, and 1 canopy sign located on the side of the canopy facing the front street; and
[d]
Miscellaneous related signs, including signs on the fueling pumps, directional signs and other signs permitted or required by law, including window lottery signs, and bank ATM signs.
(10)
Accessory uses incidental to convenience store with motor fuel dispensing shall include, but not limited to, off-street parking spaces, signs, and both private EVSE and publicly-accessible EVSE.