Manchester Township
City Zoning Code
City Zoning Code
§ 245-33
Pinelands Area Zoning Districts.
A.
Schedules of development. Schedule B, Schedule of General Requirements, Pinelands Area Zoning District, and Schedule C, Beckerville Village and Whiting Town Zoning Districts Schedule, are hereby made a part of this chapter.[1]
[1]
Editor's Note: The schedules are included in Appendix 6 at the end of this chapter.
B.
PPA Pinelands Preservation Area. Minimum standards governing the distribution and intensity of development in the Pinelands Preservation Area are hereby established in accordance with N.J.A.C. 7:50-5.22 et seq.
(1)
Permitted uses. The following uses will be permitted in the Pinelands Preservation Area of Manchester Township subject to the environmental standards of § 245-32 above.
(a)
Detached single-family dwellings on lots of 3.2 acres in accordance with § 245-32A(4).
(b)
Detached single-family dwellings on lots of one acre in accordance with § 245-32A(6).
(c)
Agricultural employee housing as an element of, and accessory to, an active agricultural operation.
(d)
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(e)
Forestry.
(f)
Beekeeping.
(g)
Fish and wildlife management and wetlands management.
[Amended 12-12-2011 by Ord. No. 11-025]
(h)
Low-intensity recreational uses, provided that:
[1]
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
[2]
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
[3]
Access to bodies of water is limited to no more that 15 linear feet of frontage per 1,000 feet of water body frontage.
[4]
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.
[5]
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.
[6]
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 12-12-2011 by Ord. No. 11-025]
(i)
Expansion of intensive recreational uses, provided that:
[1]
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.
[2]
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment.
[3]
The use is environmentally and aesthetically compatible with the essential character of the Pinelands 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 available public services.
(j)
Public service infrastructure which is necessary to serve only the needs of the PPA Pinelands Preservation Area District uses.
[1]
Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Preservation Area District only in accordance with § 245-32K(2)(b) and N.J.A.C. 7:50-6.84(a)2.
[2]
Communication cables not primarily intended to serve the needs of the PPA Pinelands Preservation Area District may be permitted, provided that they are installed within existing developed rights-of-way and are installed underground or are attached to road bridges, where available, for the purpose of crossing water bodies or wetlands.
(k)
Continuation of resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6.63, Part VI.
[Amended 7-26-1999 by Ord. No. 99-026]
(l)
Pinelands development credits.
[Amended 7-26-1999 by Ord. No. 99-026]
(4)
Minimum lot sizes for nonresidential uses. Notwithstanding the minimum lot areas set forth above or in Schedule B, no such minimum lot area for a nonresidential use in the PPA zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
C.
PFA-S Pinelands Forest Area - Sending. Minimum standards governing the distribution and intensity of development and land use in the Pinelands Forest Area - Sending District shall be as follows:
(1)
Permitted uses. The following uses will be permitted in the Pinelands Forest Area - Sending District of this chapter and subject to the environmental standards of § 245-32:
(a)
Residential dwelling units on lots 3.2 acres in accordance with § 245-32A(4).
(b)
Single-family residential dwelling units. Clustering of the permitted single-family dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
[Amended 12-12-2011 by Ord. No. 11-025]
[1]
Permitted density shall be one unit per 20 acres;
[2]
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 C(1)(b)[1] above. If the development area identified pursuant to Subsection C(1)(b)[3] below is located on contiguous lands in a PFA-R Pinelands Forest Receiving Zone, a bonus shall be applied as follows:
[3]
The residential cluster shall be located on the parcel such that the development area:
[4]
Development within the residential cluster shall be designed as follows:
[a]
Residential lots shall be a minimum of one acre in size within a PFA-S Zone 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;
[Amended 6-25-2012 by Ord. No. 12-015]
[b]
Lot width and yard requirements shall be consistent with those set forth in Schedule A[2] for the PRA Zone;
[2]
Editor's Note: Schedule A is included at the end of this chapter.
[c]
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the water quality standards of § 245-32K(2)(d) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 245-(2)(e) or (g) shall also be permitted;
[d]
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
[e]
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.
[5]
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, Manchester Township or incorporated as part of one of the lots within the cluster development area.
[a]
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Manchester Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
[b]
Such deed of conservation restriction shall permit the land to be managed for 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 245.
(c)
Detached single-family dwellings on lots of one acre in accordance with § 245-32A(6).
(d)
Agriculture.
(e)
Agricultural employee housing as an element of, and accessory to, an active agricultural operation.
(f)
Forestry.
(g)
Low-intensity recreational uses, provided that:
[1]
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
[2]
The recreational use does not involve the use of motorized vehicles except for necessary transportation.
[3]
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
[4]
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre.
[5]
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.
[6]
No more than 1% of the parcel will be covered with impermeable surfaces.
(h)
Expansion of intensive recreational uses, provided that:
[1]
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;
[2]
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment;
[3]
The use is environmentally and aesthetically compatible with the essential character of the Pinelands Forest Area 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 available public services.
(i)
Public service infrastructure intended to primarily serve only the needs of the Pinelands. Centralized wastewater and collection facilities shall be permitted to service the Pinelands Forest Area Sending District only in accordance with § 245-32K(2)(b) of this chapter and N.J.A.C. 7:50-6.84(a)2. Communication cables not primarily intended to serve the needs of the Pinelands Forest Area Sending District may be permitted, provided that they are installed within existing developed rights-of-way and are installed underground or are attached to road bridges, where available, for the purpose of crossing water bodies or wetlands.
(j)
Institutional uses, provided that:
[1]
The use does not require or will not generate subsidiary or satellite development in the Pinelands Forest Area - Sending (PFA-S) or Pinelands Forest Area - Receiving Zones (PFA-R).
[2]
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.
[3]
The use is primarily designed to serve the needs of the Pinelands Forest Area - Sending (PFA-S) or Pinelands Forest Area - Receiving Zones (PFA-R).
(k)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand and gravel as raw products, provided that:
(m)
Fish and wildlife management areas and wetlands managment.
[Amended 12-12-2011 by Ord. No. 11-025]
(4)
Conditional uses. The following uses will be permitted in the PFA-S District of this chapter upon obtaining a conditional use permit pursuant to Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
(a)
Campgrounds.
(b)
Roadside retail sales and service establishments, provided that:
[1]
The parcel proposed for development has roadway frontage of at least 50 feet.
[2]
No portion proposed of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979.
[3]
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
(5)
Substandard lots. Notwithstanding any other provision of this article, the owner of a parcel of land of one acre or more in the Pinelands Forest Area Sending District, shall be exempt from 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 any substantial improvements; and
(d)
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
(6)
Area, yard and building requirements: as specified in Schedule B[4] of this chapter. Notwithstanding the minimum lot areas set forth in Schedule B, no such minimum lot area for a nonresidential use in the PFA-S Zone shall be less than that needed to meet the water quality standards of § 245-32K(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 12-12-2011 by Ord. No. 11-025]
[4]
Editor's Note: Schedule B is included as an attachment to this chapter.
D.
PFA-R Pinelands Forest Area - Receiving District. Minimum standards governing the distribution and intensity of development and land use in the Pinelands Forest Area - Receiving Zone are as follows:
(1)
Permitted uses. The following will be permitted in the Pinelands Forest Area - Receiving Zone of this chapter and subject to the environmental standards of § 245-32:
(a)
Residential dwelling units on lots of 3.2 acres in accordance with § 245-32A(4).
(b)
Single-family residential dwelling units. Clustering of the permitted single-family dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
[Amended 12-12-2011 by Ord. No. 11-025]
[1]
Permitted density shall be one unit per 20 acres;
[2]
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 § 245-33D(1)(b)[1] above, with a bonus applied as follows:
[3]
The residential cluster shall be located on the parcel such that the development area:
[4]
Development within the residential cluster shall be designed as follows:
[a]
Residential lots shall be a minimum of 44,000 square feet in area except for existing corner lots which shall be 66,000 square feet in area. In no case shall the average size of residential lots within a cluster exceed 49,500 square feet;
[Amended 6-25-2012 by Ord. No. 12-015]
[b]
Lot width and yard requirements shall be consistent with those set forth in Schedule A[5] for the PRA Zone;
[5]
Editor's Note: Schedule A is included as an attachment to this chapter.
[c]
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the water quality standards of § 245-32K(2)(d) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the water quality standards of § 245-32K(2)(e) or (g) shall also be permitted;
[d]
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
[e]
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.
[5]
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, Manchester Township or incorporated as part of one of the lots within the cluster development area.
[a]
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Manchester Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
[b]
Such deed of conservation restriction shall permit the land to be managed for 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 this Chapter 245.
(c)
Agriculture.
(d)
Agriculture employee housing as an element of, and accessory to, an active agriculture operation.
(e)
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Forest Area - Receiving Zone only in accordance with § 245-32K(2)(b).
(f)
Institutional uses, provided that:
[1]
The use does not require or will not generate subsidiary or satellite development in the Pinelands Forest Area - Receiving or Pinelands Forest Area - Sending Zone.
[2]
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use.
[3]
The use is primarily designed to serve the needs of the Pinelands Forest Area-Receiving and Pinelands Forest Area - Sending Zones.
(4)
The following uses will be permitted in the PFA-R Zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:
[Amended 12-12-2011 by Ord. No. 11-025]
(a)
Detached single-family dwellings on lots of at least 40,000 square feet in area, provided that:
[1]
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot to be developed, equals at least 20 acres;
[2]
All noncontiguous lands acquired pursuant to Subsection D(4)(a)[1] above, which may or may not be developable, are located within the PFA-S Zone;
[3]
All noncontiguous lands acquired pursuant to Subsection D(4)(a)[1] and [2] above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the municipality or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for 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 this Chapter 245;
[4]
Tax assessments for the acquired noncontiguous lands are combined and assigned to the lot to be developed; and
(b)
Detached single-family dwellings which are not clustered in accordance with the standards of § 245-33D(1)(b) above, provided that:
(5)
Substandard lots. Notwithstanding any other provision of this article, the owner of a parcel of land of one acre or more in the Forest Area - Receiving District, shall be exempt from the density limitations of this chapter, provided that:
(a)
The dwelling unit will be the principal residence of the property owner or 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 a contiguous land on or after February 8, 1979 that contains any substantial improvements; and
(d)
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
E.
PR-40 Pinelands Single-Family Residential Zone.
(1)
Permitted and conditional uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands Environmental Standards of § 245-32.
[Amended 11-13-2017 by Ord. No. 17-025]
(2)
Pinelands development credits. Pinelands development credits may be accommodated in this zone in the following manner and as per § 245-32C:
(a)
In the event that there is a request for a subdivision of more than 25 units, there shall be permitted a density bonus of 0.5 unit per acre added to the density of an R-40 subdivision.
(b)
In the event there is a request for a subdivision of more than 25 units, the following lot standards for square footage, bulk and setback requirements shall apply, provided that the above bonus density is not exceeded. This zoning option shall only be permitted upon successful implementation and purchase of Pinelands development credits pursuant to § 245-32C; and, that the subdivision will be serviced by public sewer and water. The lot standards shall be as follows:
[1]
Minimum lot area in square feet: 20,000.
[2]
Minimum lot width in feet: 125.
[3]
Minimum front yard, principal building, in feet: 50.
[4]
Minimum side yard, principal building, in feet: 20.
[5]
Minimum rear yard, principal building, in feet: 25.
[6]
Minimum side yard, accessory building, in feet: 10.
[7]
Maximum percent lot coverage: 25%.
[8]
Maximum building height in feet: 35.
F.
PR-A Pinelands Rural Agricultural Zone.
(2)
Pinelands development credits. Pinelands development credits may be accommodated in this zone in the following manner and as per § 245-32:
(a)
In the event that there is a request for a planned retirement community in the PR-A Zone, there shall be permitted a base density of five units per acre, provided, however, that such density may be increased to eight units per acre by the accommodation of the applicable Pinelands development credits.
G.
PR-15 Pinelands Single-Family Residential Zone. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F), subject to the Pinelands Environmental Standards of § 245-32.
[Amended 11-13-2017 by Ord. No. 17-025]
K.
PB-1 Pinelands Business Zone.
(2)
Conditional uses. The conditional uses specified in Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.[10]
[10]
Editor's Note: The schedules are included at the end of this chapter.
(4)
Yard, area, and building requirements. As specified for the WTR-40, WTR-14AF or WTR-15AF zone in Schedule B, Subsection A, of this section.
(5)
Off-street parking, loading and vehicular access.
(7)
Variances for residential development. Any residential development in the PB-1 Zone which is approved by variance shall require that Pinelands development credits be used for all dwelling units in such development.
L.
POR-LI Pinelands Office, Research and Light Industrial.
(1)
Permitted uses. As specified in the Pinelands Nonresidential Zoning District Permitted and Conditional Use Schedule subject to the environmental standards of § 245-32.[11]
[11]
Editor's Note: The schedules are included at the end of this chapter.
(2)
Conditional uses. The conditional uses specified in the Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule[12] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[12]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
Off-street parking, loading and vehicular access.
(7)
Variances for residential development. Any residential development in the POR-LI Zone which is approved by variance shall require that Pinelands development credits be used for all dwelling units in such development.
M.
BVR-40 Beckerville Village Residential.
(1)
Permitted uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands environmental standards of § 245-32.
[Amended 11-13-2017 by Ord. No. 17-025]
(2)
Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the BVR-40 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
N.
WTRA Whiting Town Rural Agricultural Zone.
(1)
Permitted uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands environmental standards of § 245-32. Pinelands development credits may not be applied within this zone; therefore, the density of a planned retirement community may not exceed five dwelling units per acre.
[Amended 11-13-2017 by Ord. No. 17-025]
(2)
Variances for residential density or nonresidential development. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTRA Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
O.
WTR-40 Whiting Town Single-Family Residential.
(1)
Permitted uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands environmental standards of § 245-32. Pinelands development credits may not be applied within this zone.
[Amended 11-13-2017 by Ord. No. 17-025]
(2)
Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTR-40 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.[14]
[14]
Editor's Note: The schedules are included at the end of this chapter.
P.
WTRC Whiting Town Retirement Community.
(1)
Permitted uses. All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F) subject to the Pinelands environmental standards of § 245-32.
[Amended 11-13-2017 by Ord. No. 17-025]
(2)
Conditional uses. Planned retirement communities in accordance with § 245-67; age-restricted garden apartments - affordable in accordance with § 245-69; senior citizen light care in accordance with § 245-73; and continuing care for the elderly in accordance with § 245-75. Pinelands development credits may not be applied within this zone; therefore, the density of a planned retirement community may not exceed five dwelling units per acre.
[Amended 5-9-2005 by Ord. No. 05-017]
(5)
Off-street parking, loading and vehicular access.
(7)
Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTRC Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.[16]
[16]
Editor's Note: The schedules are included at the end of this chapter.
R.
WTB-1 Whiting Town Business.
(2)
Conditional uses. The conditional uses specified in the Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[19] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[19]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
Off-street parking, loading and vehicular access.
(7)
Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTB-1 Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
S.
WTO-P Whiting Town Office Professional.
(2)
Conditional uses. The conditional uses specified in the Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule[22] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[22]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
Off-street parking, loading and vehicular access.
(7)
Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTO-P Zone shall require that Pinelands development credits be used for all dwelling units for lots in excess of that otherwise permitted without the variance.
T.
WTHD Whiting Town Highway Development.
(2)
Conditional uses. The conditional uses specified in Schedule G, Pinelands Area Nonresidential Zoning District Permitted and Conditional Use Schedule,[25] may be permitted subject to the requirements and procedures as set forth in Article VIII, Conditional Use Permits, Procedures and Requirements, of this chapter.
[25]
Editor's Note: Said schedule is included in Appendix 6 at the end of this chapter.
(5)
Off-street parking, loading and vehicular access.
(7)
Variances. Any municipal variance approval which grants relief from the lot area requirements set forth on Schedule C for a residential or principal nonresidential use in the WTHD Zone shall require that Pinelands development credits be used for all dwelling units for lots in excess of that otherwise permitted without the variance.
U.
M-I Military Installation.
(1)
Any uses associated with the function of the federal installation may be permitted, provided that:
(a)
Where feasible, development shall be located in that portion of the installation located within the Pinelands Protection Area;
(b)
The use shall not require any development, including public service infrastructure, in the PPA Preservation Area District or in the Pinelands Forest Area;
(c)
All development undertaken by the federal government substantially meets the standards of N.J.A.C. 7:50-6 of the Pinelands Comprehensive Management Plan or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV; and
(d)
No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78.
(2)
Any other public purpose use undertaken by or on behalf of another level of government may be permitted, provided that:
(a)
The use is sanctioned by the installation;
(b)
The use is located within a substantially developed area which is served by a centralized sewer treatment and collection system;
(c)
No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78; and
(d)
All development meets the standards of N.J.A.C. 7:50-6 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.
V.
PED Pinelands Environmental Development.
[Added 5-29-2007 by Ord. No. 07-018]
(1)
Purpose. The purpose of the Pinelands Environmental Development District is to permit low-density residential development with a development option for a planned retirement community that requires development to be located away from environmentally sensitive lands, particularly those that are identified as habitat areas for threatened and/or endangered species to designated development "receiving areas." The Pinelands Environmental Development District is comprised of a PED-9 Zone and a PED-1 Zone. The PED-9 Zone would permit single-family detached housing on nine-acre lots and the PED-1 Zone would permit single-family detached housing units on one-acre lots. The PED-9 Zones would require cluster development for permitted development of single-family homes along roadway frontage in the southern portion of the district away from the Toms River to the greatest extent practicable. The Pinelands Environmental Development District permits development at a higher density for planned retirement communities, provided that all development from the PED-9 and the PED-1 Zones is clustered within the PED-1 Zone. Planned retirement community housing units from designated sending areas within the Jackson Township PED Zone are also permitted to be developed within the PED-1 Zone in Manchester Township, provided that the lands in Jackson Township from which the housing units are transferred are deed restricted in accordance with Pinelands Commission regulations for intermunicipal development transfers.
(2)
The maximum number of housing units within a planned retirement community within the designated PED-1 Planned Environmental Development District - 1 shall not exceed the number of housing units as follows:
(a)
A maximum of 350 single-family detached age-restricted housing units shall be permitted on Lot 30 and that portion of Lot 31 that is located within the PED-1 Zone in Block 62 in Manchester Township as specified in the Builders' Remedy Settlement Agreement known as Manchester Development Group LLC, et al vs. Manchester Township for the Stavola Tract. Additional housing units may be permitted, provided that the units are deed-restricted as affordable housing units in accordance with Subsection V(2)(d) below.
(b)
A maximum of 250 single-family detached age-restricted housing units may be transferred from Lot 1, containing 97.51 acres, and Lot 2, containing approximately 134.97 acres in Block 22501, as shown on Tax Map Sheet 25 (2007) of Jackson Township to the PED-1 Zone in Manchester Township as described in Subsection V(2)(a) above.
(c)
Any planned retirement community shall be approved by the Manchester Township Planning Board in accordance with an intermunicipal agreement between Manchester and Jackson Townships, provided that the PED-1 and PED-9 Zones in both municipalities are developed in accordance with requirements of planned development in N.J.S.A. 40:55D-65 and provisions of an overall general development plan in accordance with N.J.S.A. 40:55D-D-45. Upon the execution of such an intermunicipal agreement, the number of housing units within the planned retirement community within the PED-1 Zone within the Township of Manchester shall not exceed 600 market-rate, age-restricted housing units.
(d)
In the event that the developer (or developers) proposes to develop required affordable housing units on site in accordance with the settlement agreement within the PED-1 Zone, the total number of market-rate, age-restricted and non-age-restricted affordable housing units and shall not exceed 350 market rate age-restricted housing units and shall not exceed 35 age-restricted and/or non-age-restricted affordable housing units, for a total of 385 total housing units.
(e)
Housing units transferred from Jackson Township shall be required to conform with the COAH Round 3 Growth Share requirements provided in N.J.A.C. 5:94, as may be revised, including the number, age restriction, affordability, affirmative marketing, rental and deed restriction and other requirements for affordable housing units as contained in Article XI of this chapter.
(3)
Permitted uses.
(a)
Single-family detached housing in accordance with following:
[1]
PED-9. One single-family housing unit per nine acres (0.111 housing units/acre) shall be permitted. All development shall be clustered on lots of one acre in size along existing roadways or on new roadways that are developed along the upland edge of the PED-9 Zoning District away from the Toms River to the greatest extent practicable. All development shall be located on the tract to maximize the protection of threatened and/or endangered species habitat, including dedication of a conservation easement a minimum of 600 feet measured from the delineated wetlands along the main branch of the Toms River. Lot width shall not be less than 200 feet. Permitted development may be transferred to a PED-1 Zoning District with the use of PED Planned Retirement Community Option in accordance with Subsection V(3)(b) below.
[2]
PED-1. One single-family housing unit per 3.2 acres (0.313 housing units per acre) shall be permitted. All development shall be clustered on lots of one acre in area with a minimum lot width of 200 feet. Pinelands development credits shall be acquired and redeemed at the rate of one right (0.25 credits) for every 3.33 non-income-restricted housing units (30% of all market-rate residential units).
(b)
PED Planned Retirement Community Development Option. The PED Planned Retirement Community option shall be permitted within the PED-1 and PED-9 Zones within Manchester Township, provided that:
[1]
The development is serviced by public sanitary sewer and public water;
[2]
The PRC shall conform with the age, design standards, development regulations and application procedures for planned retirement communities contained in § 245-67;
[3]
A contribution shall be made to the Manchester Township Park and Open Space Fund in an amount to be determined in accordance with the settlement agreement approved by the Court;
[4]
The maximum number of housing units within the PRC shall not exceed 350 market-rate age-restricted housing units and not more than 35 affordable age-restricted and non-age-restricted housing units in accordance with the MDG, et al vs. Manchester Township Settlement Agreement approved by the Court; however, an additional 250 market-rate, age-restricted housing units and required age-restricted and/or non-age-restricted affordable housing units in accordance with N.J.A.C. 5:94, as may be amended, shall be permitted upon execution of an interlocal municipal agreement between Manchester Township and Jackson Township to permit the transfer of development rights from Block 22501, Lots 1 and 2, from Jackson Township to Block 62, Lot 30, and that portion of Lot 31 located within the PED-1 Zone in Manchester Township;
[5]
The planned retirement community development shall include all lands located within the PED-1 and PED-9 Zones in Manchester Township;
[6]
All development, including any clubhouses, community buildings, intensive recreational facilities and stormwater management facilities, shall be located entirely within that portion of the tract in the PED-1 Zone. No development shall be permitted within that portion of the tract in the PED-9 Zone, with the exception of sewer interceptors designed only to provide sewer service to the planned retirement community;
[7]
A physical barrier designed to limit movement of threatened and endangered species from the PED-9 Zone to the development areas within the PED-1 Zone shall be provided if requested by the Pinelands Commission;
[8]
All lands to be included within a planned retirement community which are located in the PED-9 Zone may be used for purposes of calculating gross residential density and for purposes of complying with the common open space requirements of § 245-67D(4). All lands within the PED-1 Zone shall thereafter be permanently dedicated as open space through recordation of a deed restriction on the property providing for no development, except low-intensity recreational uses. Any such deed restrictions shall be in a form approved by the Township Attorney and the Pinelands Commission;
[Amended 12-12-2011 by Ord. No. 11-025]
(c)
All development within the PED-1 and PED-9 Zones shall provide for an affordable housing component of 10% in accordance with affordability controls established by the New Jersey Council on Affordable Housing Rules in N.J.A.C. 5:94-7, Controls on Affordability and Affirmative Marketing, and Article XI of this chapter. The affordable housing component shall consist of a minimum of 5% being constructed on-site or off-tract within the Township in accordance with a plan approved by the Manchester Township Council with a minimum of 50% low-income and not more than 50% moderate-income housing units. The remaining 5% shall be provided in the form of affordable housing units constructed off-tract consisting of a minimum of 50% low-income and not more than 50% moderate-income housing units through a contribution to the Manchester Township Affordable Housing Trust Fund for development of low- and moderate-income housing units within the Township or for affordable housing credits granted through a regional contribution agreement in accordance with New Jersey Council on Affordable Housing Rules at N.J.S.A. 5:94.5, Regional Contribution Agreements.
(4)
Variances for residential density or nonresidential development. Any municipal variance approval which grants relief from the lot area or density requirements set forth in Subsection V(2) or in Schedule C for a residential use in the PED-1 Zone shall require that Pinelands development credits be used for all housing units or lots in excess of that otherwise permitted without the variance. In the event that a variance for a nonresidential use not otherwise permitted in the PED-1 Zone is granted by the Township, Pinelands development credits shall be required at a rate of 50% of the maximum permitted for Pinelands development credit use in the PED-1 Zone for parcels under 10 acres in size; at 75% of the maximum permitted rate for parcels between 10 and 20 acres in size; and at 100% of the maximum permitted rate for parcels over 20 acres in size.
W.
PRC-1 Pinelands Retirement Community.
[Added 5-29-2007 by Ord. No. 07-018]
(1)
Permitted and conditional uses.
[Amended 11-13-2017 by Ord. No. 17-025]
(a)
All uses and standards as included in the Pinelands Area Residential Zoning District Permitted and Conditional Uses (Schedule F).
(b)
Planned retirement community per § 245-67, subject to the following as specified in the Builders' Remedy Settlement Agreement known as Manchester Development Group LLC, et al vs. Manchester Township:
[1]
The maximum number of market-rate housing units shall not exceed 400 housing units for the Pulte Homes Tract;[27]
[27]
Editor’s Note: Former Subsection W(1)(b)[2], regarding the maximum number of market-rate housing units permitted for the MDG Tract, and which immediately followed this subsection, was repealed 7-10-2017 by Ord. No. 17-008.
(c)
Retirement community multifamily housing. Retirement community multifamily housing may be permitted as a component of a planned retirement community, provided:
[1]
Not more than 25% of the units shall be multifamily units.
[2]
Multifamily structures shall be a maximum of three habitable stories and one story of vehicular parking. The maximum building height shall be 45 feet.
[3]
The maximum number of housing units per building shall be 24.
[4]
Multifamily buildings shall be separated from adjacent structures by a distance equal to the height of the tallest of the adjacent structures.
(2)
Permitted accessory uses. Permitted accessory uses shall be the same as those permitted in the RA Zone.
(4)
Yard, area, and building requirements. All development in the PRC-1 Zone shall be located so as to maximize the protection of threatened and endangered species habitat, including dedication of a conservation easement a minimum of 150 feet measured from the delineated wetlands along the Cabin Branch.
(5)
Off-street parking, loading and vehicular access. Off-street parking, loading and vehicular access shall be the same as required in the RC Zone.
(7)
Pinelands development credits. Pinelands development credits shall be purchased and redeemed for 30% of all units, excluding up to 20% of the total project units that are made affordable for low- and moderate-income households in accordance with applicable state law. Units made affordable for low- and moderate-income households that account for more than 20% of the total project units shall purchase and redeem Pinelands development credits for 30% of all such units.
[Amended 11-13-2017 by Ord. No. 17-025]
X.
PAF-1 Pinelands Affordable Housing Zone.
[Added 7-10-2017 by Ord. No. 17-008]
(1)
Purpose. The purpose of the PAF-1 Pinelands Affordable Zone is to provide for multifamily housing for low- and moderate-income households required in accordance with the settlement agreement between the Manchester Development Group, LLC and Manchester Township, through the development of 404 multifamily residential units, of which 20% shall be reserved for occupancy by low-income and moderate-income households ("affordable units"), as defined by COAH regulations and the regulations of the Uniform Housing and Affordability Controls, N.J.A.C. 5:80-26.1 et seq. ("UHAC").
(3)
Minimum tract size. The entire 89 acres of the MDG tract, consisting of Lots 15, 16 and 33 in Block 62 in the Township of Manchester, shall be developed as a planned multifamily residential development.
(4)
Maximum development yield. The maximum total number of dwelling units shall be 404 total residential dwelling units, consisting of a mix of multifamily apartments and townhouses with a maximum of 60% of the units within the MDG project consisting of apartments and the remaining 40% of units consisting of townhome units.
(5)
Affordable housing requirement.
(a)
The applicant shall provide for a twenty-percent inclusionary component. The type, construction and distribution of affordable housing units shall conform to the regulations in effect by COAH, by the Department of Community Affairs or such other state agency designated as the regulatory agency for affordable housing and affordable housing construction in New Jersey at the time of the issuance of the first building permit for the development.
(b)
Affordable units shall be integrated with the market-rate units.
(c)
All affordable units shall be family rentals. The market-rate units may be for sale or for rent.
(d)
Phasing for construction of the affordable units shall be in accordance with COAH's phasing schedule established by N.J.A.C. 5:93-5.6(d).
(e)
All affordable units shall comply with COAH's rules, including, but not limited to, those concerning:
(f)
All affordable units shall be subject to deed restrictions on income limits for a period not less than 30 years.
(6)
Setback from existing public streets. All buildings, and other aboveground improvements, with the exception of access drives or access roadways, parking areas, landscaping and screening areas, shall be set back a minimum of 75 feet from the right-of-way of existing public streets. Parking areas and associated lighting shall be a minimum of 25 feet from the right-of-way of all public streets.
(7)
Setback from other property lines. All buildings, and other aboveground improvements, including access drives, with the exception of landscaping and screening areas, shall be set back a minimum of 50 feet from all side and rear lot lines.
(8)
Minimum width of any apartment unit or attached single-family housing unit: 20 feet.
(9)
Maximum building length. No principal building, when viewed from any elevation, shall be greater than 208 feet in length.
[Amended 8-12-2019 by Ord. No. 19-026]
(10)
Distance between principal buildings and internal drives. No multifamily dwellings shall be located closer than 20 feet to any access drive or internal roadway.
(11)
Distance between principal buildings and parking areas. No multifamily building shall be located closer than 12 feet to any parking area. No single-family housing unit shall be located closer than 20 feet to any parking area, except for access aisles or driveways to garages and/or carports which are attached to principal buildings.
(12)
Maximum building height: 45 feet.
(13)
Maximum number of stories: three stories.
(15)
Minimum distance between buildings.
(a)
For multifamily residential buildings oriented essentially at 90° to each other, the minimum distance between same shall be 30 feet, or the height of the tallest of the two buildings, whichever is greater.
(b)
For multifamily residential buildings oriented essentially end to end to each other, the minimum distance between same shall be 30 feet, or 1.5 times the height of the tallest of the two buildings, whichever is greater.
(c)
For multifamily residential buildings oriented essentially with parallel axis facing each other, the minimum distance between same shall be 40 feet, or twice the height of the tallest of the two buildings, whichever is greater.
(16)
Courtyards. Courtyards bounded on three or more sides by wings of the same building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest building or building wing.
(17)
No portion of any dwelling unit shall be lower than the outside finished grade (excluding the basement portion of the dwelling unit). No depressed siting shall be permitted.
(18)
Passive recreation areas, such as pathways, natural woods and fields, seating areas and lawns, shall be provided, and suitably arranged throughout the multifamily development. In addition, an active recreation area or areas shall be provided at the rate of at least 150 square feet per dwelling unit. Outdoor play equipment shall be installed in each recreation area in sufficient amount and variety to service the occupants of the project. If a swimming pool area or areas are to be installed, they are to include a pool of a size of at least equivalent to six square feet per unit, except that no pool less than 500 square feet will be allowed, and no pool greater than 3,000 square feet shall be required. A clubhouse, auxiliary building or buildings providing for lavatories and storage shall also be erected in conjunction with pools. Applicants proposing two or more distinct projects in one development may request a waiver of the active recreation component of one housing project upon the demonstration of a low demand for a portion of the recreational component.
[Amended 8-12-2019 by Ord. No. 19-026]
(19)
Off-street parking, loading and vehicular access requirements. Off-street parking, loading and vehicular access shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21.
(20)
Utility requirements. The applicant for the site plan approval shall arrange with the serving utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff on file with the State of New Jersey Board of Public Utility Commissioners. All multifamily and attached single-family development shall be served by public sewer and public water in accordance with the requirements of the Manchester Township Department of Utilities.
[Amended 11-28-2016 by Ord. No. 16-037; 8-8-2022 by Ord. No. 22-23]
(21)
Landscaping and buffer requirements. All areas not used for the construction of buildings, roads, accessways, parking areas or sidewalks shall be fully landscaped or grassed. All trees within 20 feet of the perimeter boundary of the affordable housing site shall be preserved. When no trees exist within 20 feet of the perimeter boundary of the affordable housing site, or when the existing trees must be removed for grading purposes, the developer shall plant trees within such twenty-foot perimeter at the rate of one tree per 200 square feet.
(22)
Garages and/or carports, when not attached to a principal building, shall be located no closer than 40 feet to a facing wall of a principal building containing windows, nor closer than 20 feet to a facing wall of a principal building which does not contain windows.
(23)
Garage and/or carport parking spaces shall not be counted toward meeting off-street parking requirements, unless the garage or carport space has a driveway in front of it which is a minimum of 20 feet in depth and which driveway is adjacent and accessible from an access aisle or internal roadway.
(24)
Refuse storage. There shall be provided at least one outdoor refuse storage area of at least 100 square feet for each 20 dwelling units. The refuse storage area shall be suitably located and arranged for access and ease of collection.
(25)
Interior roads and driveway location roads. Roads may be private or public, at the election of the developer. In the event the roads are private, then such private roads shall be the responsibility of a homeowners' association. In such event, the provisions of the Municipal Services Act[28] shall be applicable. In the event such roads are public, then such public roads shall be the responsibility of the Township of Manchester, including the maintenance of drainage facilities in such public roadways.
[28]
Editor's Note: See N.J.S.A. 40:67-23.2 et seq.
(26)
Permitted accessory uses. Permitted accessory uses usually incidental to the above uses, as specified below:
(27)
Signs shall be installed in accordance with § 245-27E, General sign regulations. Additionally, directional signs may be permitted on the premises; however, no such sign shall exceed six square feet.
[Amended 8-12-2019 by Ord. No. 19-026]
(28)
Outdoor lighting. Interior development roads, parking areas, dwelling entranceways and pedestrian walks shall be provided with sufficient illumination to minimize hazards to pedestrians and motor vehicles utilizing the same, but in no case shall such lighting be less than is required to provide a minimum lighting level of 0.5 horizontal footcandles throughout such areas from dusk to dawn. Where necessary, lights shall be shielded to avoid glare disturbing to occupants of the buildings. Lighting shall be so arranged as to reflect away from all adjoining residential buildings.
(29)
Concrete walkways at least four feet wide shall be provided where normal pedestrian traffic is likely to occur.
(30)
All rooms, exclusive of living rooms, dining rooms, kitchens, bathrooms and master bedroom closets, which contain 70 square feet or more of floor area, shall be considered bedrooms. If a dining room is not directly accessible from and adjacent to both the kitchen and living room, it shall also be considered a bedroom. If an applicant chooses to include in its unit design other nonbedroom uses in excess of 70 square feet, it shall include a deed restriction for each unit setting forth the maximum number of bedrooms in each unit and prohibiting the conversion of dens, offices, lofts and other nonbedroom spaces and rooms into new bedroom(s).
[Amended 8-12-2019 by Ord. No. 19-026]
(32)
Approval.
(a)
All lands associated with the townhouses shall be dedicated to a homeowners' association, and the approving agency shall condition final approval upon the establishment of a homeowners' association.
(b)
As a condition of approval, the developer shall enter into a developer's agreement with the Township. The developer's agreement shall provide for the type and amount of performance and maintenance guarantee required, the amount of inspection fee deposit, a preconstruction conference, a timeline for the phasing of development, traffic control, a summary of improvements to be installed by the developer and the itemized cost estimate for same and, in accordance with N.J.S.A. 40:55D-42, any off-tract improvements which shall be constructed by the developer and the calculation of the developer's fair share of costs as well as any other such matters as the Planning Board shall determine to be necessary to protect public health, welfare and safety.
(c)
The developer's agreement shall be approved by the Township Council, upon recommendation of the Planning Board, and subject to the approval by a court maintaining jurisdiction of the Township's Mt. Laurel program that governs, among other related items, the following aspects of the project: site and building design criteria; development, operation and management guidelines; staging of the project construction in relation to the market rate development, including financial contingency arrangements governing willful default by an applicant of said staging program; and provisions for the continuation of a portion of units as affordable units beyond the prescribed thirty-year time limit required of such units.
(33)
Pinelands development credits. In the PAF-1 zoning district, Pinelands development credits shall be purchased and redeemed for 30% of all units, excluding up to 20% of the total project units that are made affordable for low- and moderate-income households in accordance with applicable state law. Units made affordable for low- and moderate-income households that account for more than 20% of the total project units shall purchase and redeem Pinelands development credits for 30% of all such units.