For the purposes of this chapter, the Township
of Deerfield is divided into the following zone districts:
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A
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Agriculture
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R-1
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Low Density Residential
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R-2
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Medium Density Residential
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R-3
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High Density Residential
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CR
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Center Residential
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PR
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Planned Residential
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CMU
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Center Mixed Use
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C-1
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Center Business
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CHB
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Center Highway Business
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PHB
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Planned Highway Business
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CM
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Center Industrial/Business
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P
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Public
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Overlay Districts (See § 120-21 below.)
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Agricultural Industrial and Commercial
Overlay
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Conservation Overlay
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District regulations as set forth in the Deerfield
Township Schedule of District Regulations are hereby adopted by reference
and declared to be part of this chapter.[1] Supplementary district regulations relating to special uses or activities and specific or conditional uses are contained in Articles VIII and IX of this chapter and titled "Supplementary District Regulations" and Special Standards and Requirements," respectively.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
Agricultural Industrial and Commercial Overlay District.
(1)
Purpose and intent.
(a)
It is the purpose and intent of this section
to provide for innovative and necessary industrial and commercial
activities directly related to agriculture use of the lands of the
Township by permitting such activities to occur within specific areas
of the municipality's agricultural lands so as to promote and encourage
the continued viability of farming within the Township and surrounding
area.
(b)
The Agricultural Industrial and Commercial Overlay
District is hereby established to provide the land use controls which
are necessary for manufacturing, processing, warehousing, shipping,
packaging, and growing agricultural products within the Township and
the extensive farming areas of southern New Jersey including the seven
counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester
and Salem.
(c)
The purposes of this section are summarized
below:
[1]
Protect the continued viability of agriculture
and farm production.
[2]
Protect the health, safety and welfare of residents
within the farming areas of the Township.
[3]
Recognize the valuable asset that farming represents
and its changing character and face as the first industry.
[4]
Protect and encourage continuation of the farming
of the traditional agricultural areas within the area.
[5]
Encourage those future land uses which would
conform with this section; and which uses, with conditions, would
be deemed to conform; and those uses which would not conform.
[6]
To permit nonagricultural activities related
to the use of local agricultural products which may be deemed necessary
to promote, serve and facilitate local farming within the Township
and region and to allow such activities to occur within farmland areas
of the municipality because they are necessary to the continued and/or
enhanced viability of farming.
(2)
The Agricultural Industrial and Commercial Zone District
is established as an overlay zone, imposing a set of development requirements
in addition to those of the existing, underlying zoning district.
The AIC Agricultural Industrial and Commercial Zone District is shown
on the Zoning Map attached hereto and made a part of this chapter.
Any development standards not expressly provided in the AIC Agricultural
Industrial and Commercial Zone District shall be governed by the underlying
zoning district. Where there is a conflict between the development
standards provided for in the AIC Agricultural Industrial and Commercial
Zone District and the development standards provided for in the underlying
zoning district, then the development standards of the AIC Agricultural
Industrial and Commercial Zone District shall apply.
(3)
Limitations. Nothing contained herein shall limit
rights of landowners to maintain lawfully established uses.
(4)
The following principal uses, subject to site plan
review except for facilities and land used for the growing of crops,
are permitted:
(a)
Agricultural uses or activities as defined by
the New Jersey Right to Farm Act, N.J.S.A. 4:1C et seq., and includes
commercial farm buildings as defined by N.J.S.A. 52:27D-121 and as
defined in N.J.A.C. 5:23-3.2(d)2.
[1]
Minimum lot size of five acres.
[2]
Minimum building setback from all property lines
and road rights-of-way of 100 feet.
[3]
Maximum coverage of 20% per lot, provided that
greenhouses for the growing of agricultural products which catch and
reuse stormwater runoff as part of the agricultural process, or which
catch and detain stormwater runoff for recharge into the water table
or natural drainage system shall be permitted to increase their coverage
to a maximum of 85%.
(b)
Processing plants for vegetables, fruits and
grains, but excluding the distilling of grains for the making of alcohol
or ethynol, or for the making of combustible chemicals or compounds.
(c)
Warehouses, packaging facilities, distribution
centers, chilling or freezer facilities or other facilities directly
related to locally grown agricultural products, but excluding slaughterhouses,
rending operations or the processing of animal parts.
(5)
The following conditional uses, subject to the conditions
noted below, are permitted:
(a)
Multi-use activities involving vegetable, fruit,
horticulture, grain production, processing, packaging, storage and
distribution facilities encompassing two or more of the above-referenced
principal uses for farm products grown both locally and within the
southern New Jersey region, provided that they meet the following
conditions:
[1]
At least 5% of the product being handled by
the such facilities shall be grown on site.
[2]
Site plan approval shall be required for all
facilities located within structures.
[3]
Any such processing, packaging, storage and distribution activities shall not be found to be detrimental to agricultural activities occurring on adjacent farmland properties, or to be in conflict with the provisions of Subsection A(4)(b) hereinabove.
[4]
The minimum lot size shall be 20 acres.
[5]
The minimum setback line from property lines
shall be 100 feet for all nonagricultural activities, i.e., the growing
of crops.
[6]
Sufficient parking shall be provided for all
employees at the site as determined by the parking requirements of
this chapter based on use.
[7]
Maximum coverage shall not exceed 50% with the exception that if product is grown on site, the provisions of Subsection A(4)(a) above regarding maximum coverage shall apply.
[8]
Maximum height shall be 50 feet.
(b)
Agricultural markets and auctions, provided
that they meet the following conditions:
[1]
The minimum lot size shall be five acres.
[2]
Site plan review and approval shall be required
prior to approval of said use.
[3]
The said use shall not be found to be detrimental
to adjoining residentially-used land or agricultural activities on
adjoining farmland.
[4]
The minimum setback line from property lines
shall be 100 feet for all nonagricultural activities or for agricultural
activities within structures.
[5]
Sufficient parking shall be provided for all
employees at the site as determined by the parking requirements of
this chapter based on use.
(c)
Grain elevators or storage facilities subject
to the following conditions:
[1]
Minimum lot size shall be five acres.
[2]
Site plan review and approval shall be required
prior to approval of said use.
[3]
The said use shall not be found to be detrimental
to adjoining residentially-used land or agricultural activities on
adjoining farmland.
[4]
The setback line from all property lines shall
be equal to the height of the agricultural storage facility with a
minimum setback of 100 feet.
[5]
Sufficient parking shall be provided for all
employees at the site as determined by the parking requirements of
this chapter based on use.
[6]
Maximum coverage shall not exceed 50% with the
exception that if product is grown on-site, the provisions of Subsection
4a above regarding maximum coverage shall apply.
[7]
Maximum height shall be 125 feet.
(6)
Design guidelines. Any proposed principal or conditional
use permitted herein this zoning district shall meet the following
applicable design criteria:
(a)
All structures shall not used for the growing
of crops shall be landscaped and outdoor equipment, storage areas,
trash facilities, and service equipment shall be buffered from adjoining
properties used for agricultural or residential purposes.
(b)
Driveways and parking or loading areas shall
be designed to avoid headlight glare from creating a nuisance on adjoining
residential uses.
(c)
All facilities or structures not used for growing
shall be suitably illuminated to the extent necessary for safety of
employees, visitors and the public. On-site lighting shall meet the
standards of this chapter with regard to intensity and glare reduction
off site.
B.
Conservation Overlay District.
(1)
Purpose and intent.
(a)
The specific purpose and intent of this section
is to provide for the protection of the stream corridors and adjacent
wetlands and wooded areas while providing regulations for the future
development of the adjacent area. These corridors and represent vital
natural resources providing for the dispersal of stormwater runoff,
recharge of the streams and groundwater supplies, natural buffers,
protection from flooding, natural habitat for various plant and animal
species indigenous to the area, and scenic corridors of natural vegetation
and landscape.
(b)
The purposes of this section are summarized
below:
[1]
Protect the health, safety and welfare of stream
corridor residents.
[2]
Protect and enhance the valuable natural resources
of the Conservation Overlay District.
[3]
Protect and encourage the continuation of existing
traditional land use within the Conservation Overlay District.
[4]
Identify those future land uses which would
conform with this section; those uses which, with conditions, would
be deemed to conform; and those uses which would not conform.
[5]
Identify specific development and site design
standards to be applied within along stream corridors and their adjoining
wetlands and woodlands within the Conservation Overlay District.
[6]
Provide regional management of the stream corridors
and their attendant wetlands and woodlands through local land use
controls.
(c)
The Conservation Overlay District is established
as an overlay zone, imposing a set of development requirements in
addition to those of the existing, underlying zoning district. The
C Conservation Overlay Zoning District is depicted on the Deerfield
Township Zoning Map. Any development standards not expressly provided
for in the Conservation Overlay District shall be governed by the
underlying zoning district. Where there is a conflict between the
development standards provided for in the Conservation Overlay District
and the development standards provided for in the underlying zoning
district, the most stringent requirement shall apply.
(2)
Limitations. Nothing contained herein shall limit
rights of landowners to maintain lawfully established uses.
(3)
Nonconforming uses. Existing land uses which do not meet the standards outlined in this section are to be identified as nonconforming uses. Section 120-39 of this chapter provides conditions for those lawfully existing uses which do not meet the provisions of the Conservation Overlay District at the time of this chapter's enactment.
(4)
Principal uses. Any land use identified within this
section as a principal use is allowed, subject to the restrictions
of the applicable underlying district regulations.
(5)
Conditional uses. Any land use identified within this
section as a conditional use in a specified location which will comply
with all the conditions and standards for the location and operation
of such use as specified by this chapter and authorized by the Land
Use Board through this chapter.
(6)
Prohibited uses. All uses identified in the Subsection B(7)(c) herein as a prohibited use are expressly forbidden. In addition, all uses which are not expressly permitted as either a principal use or as a conditional use in this chapter are also prohibited.
(7)
Permitted uses. Within that portion of the Conservation Overlay District which is not identified as either floodplain area as provided in § 120-108 or as wetlands and wetlands transition areas, may be used for the following uses:
(a)
Principal uses:
[1]
Agricultural and horticultural activities except
for involving structures which increase stormwater runoff to the adjoining
stream without appropriate stormwater management techniques which
reduce erosion, sedimentation and reduce or prevent agricultural chemical
introduction to the adjoining stream.
[3]
Conservation activities such as an arboretum,
wildlife habitat or management areas, nature preserves, bird sanctuary,
railheads or similar land uses and activities.
[4]
Recreational uses, not requiring clearing of
tree, shrubs, or other natural vegetation, except as necessary for
fire protection, disease control or public safety and upon approval
of the Land Use Board, such as a park, picnic grove, or walking or
bridle path, but excluding closed structures or storage areas.
[5]
Hunting and fishing reserve.
(c)
Prohibited uses:
[1]
Landfills.
[2]
Waste storage/incineration.
[3]
Sludge land application.
[4]
Radioactive waste facilities.
[5]
High-intensity agricultural activities such
as feedlots.
[6]
Sewage treatment facilities.
[7]
Generating stations or facilities.
[8]
Storage of chemicals, flammable or other hazardous
materials.
(d)
Minimum lot size. The minimum lot size required
in this section shall not hold precedence over larger minimum lot
sizes required in underlying zoning districts. In the case of a conflict
between the Conservation Overlay District Zone and the underlying
zoning district, the largest minimum lot size shall be required.
(e)
Setbacks. All building setbacks and septic system
setbacks shall be measured from the center line of the adjacent stream.
(f)
Clearing of vegetation. All principal uses shall
be limited to a maximum amount of removal of natural, indigenous vegetation.
Replanting of ornamental species shall not constitute adequate mitigation
for exceeding this requirement. Calculation of cleared vegetation
shall be cumulative for the lot area within the C Conservation Overlay
District Zone.
(g)
Natural landscaping required. A planted area,
composed of existing or planted indigenous species, shall be maintained
parallel to any wetlands buffer and/or floodplain area for a width
of not less than 50 feet. For the purposes of normal pedestrian access
to the stream, an opening of not more than 10 feet may be excluded
from this requirement.
The boundaries of all zone districts shall be
shown on the Zoning Map of the Township of Deerfield, dated March
13, 2002, as amended, and which, together with all explanatory matter
shown thereon, are hereby adopted by reference and declared to be
a part of this chapter. The originals of said map shall be maintained
by the Township Land Use Board, and all changes in zone districts
thereon shown shall be entered upon such maps upon enactment, after
which it not be necessary to refer to such changes by metes and bounds.
Where uncertainty exists as to the exact location
of any boundaries shown on said Zoning Map, the following rules shall
apply:
A.
Zone boundary lines are intended to follow the center
line of streets, or railroad rights-of-way, or streams and lot property
lines as they exist on plats of record or the Township Tax Maps at
the time of passage of this chapter unless such zone boundary lines
are fixed by dimensions as shown on the Zoning Map.
B.
Where such boundaries are not fixed by dimensions
and where they approximately follow lot lines and where they do not
scale more than 10 feet distant therefrom, such lot lines shall be
construed to be such boundaries unless specifically shown otherwise.
C.
Where a zone district boundary divides a lot or plot
of ground and actual dimensions are not shown, the location of such
boundary shall be determined by measurement according to the scale
of the map.
D.
Where physical or cultural features existing on the
ground are at variance with those shown on the Official Zoning Map
or in other circumstances not covered by other subsection herein above,
the Land Use Board shall interpret the district boundaries.
District regulations as set forth in the Township
Schedule of District Regulations are hereby adopted by reference and
declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
(Reserved)
