Southampton Township
City Zoning Code
City Zoning Code
12-3.5 AR
Agricultural Residential District.
[Amended by Ord. No. 2002-03; Ord. No. 2003-2]
a.
Purpose. The Township recognizes the retention of agricultural activities as a significant economic industry and encourages the promotion of the industry's success through the preservation of agricultural land. These standards have been created to ensure the continued realization of the numerous social, economic and environmental benefits associated with agricultural activities while deterring unwarranted growth and protecting the health, safety and welfare of the community. In order to protect the present and future residents of the Township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the Township, nonagricultural development in this zone has been determined to be less desirable than in other areas.
b. FARM MARKET
Definitions.
A facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51% of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51% of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $2,500.
c.
Permitted uses.
1.
Farm operations and accessory uses.
2.
Processing of farm products.
3.
Animal hospitals and kennels.
4.
Facilities for the warehousing, sales, repair, and service of agricultural equipment, vehicles, feed or supplies.
5.
Riding schools or horse boarding stable.
6.
Greenhouses and nurseries.
7.
Public buildings including firehouses.
8.
Single-family detached dwelling units with on-site septic and accessory uses conforming to applicable zoning requirements (e.g. swimming pools and tennis courts).
9.
Public recreation facilities, except for such facilities as are designated as a conditional use pursuant to Subsection 12-4.7.
10.
Educational facilities.
11.
Churches and accessory uses.
12.
Professional offices.
13.
Home occupations.
14.
Residential detached cluster dwelling units.
d.
Accessory uses.
1.
Private residential swimming pools and other recreational facilities associated with residential dwelling units.
2.
Private residential sheds for storage of objects owned by the residents of the property, each not exceeding 15 feet in height, and not to exceed 1.5% of the total lot area.
3.
Fences and walls.
4.
Farm markets for commercial farm operations conforming to the Right to Farm Act, N.J.S.A. 4:1C-1 provided the following criteria are met:
f.
Development criteria - residential.
[Amended 12-15-2020 by Ord. No. 2020-08]
1. | Density: | 3.2 acre/d.u. | |||||||||
2. | Lot area: | ||||||||||
Standard: | 3.2 acre minimum | ||||||||||
Cluster: | 1.0 acre minimum provided density of 3.2 acres/d.u. is maintained | ||||||||||
3. | Lot frontage: | ||||||||||
Standard: | 100 feet minimum | ||||||||||
Cluster: | 75 feet maximum | ||||||||||
4. | Side yard: | ||||||||||
Standard: | 60 feet minimum (aggregate) | ||||||||||
30 feet minimum for each | |||||||||||
Cluster: | 40 feet minimum (aggregate) | ||||||||||
20 feet minimum for each | |||||||||||
5. | Front yard: | ||||||||||
Standard: | 100 feet minimum | ||||||||||
Cluster: | 30 feet minimum | ||||||||||
50 feet maximum | |||||||||||
6. | Rear yard: | ||||||||||
Standard: | 50 feet minimum | ||||||||||
Cluster: | 50 feet minimum | ||||||||||
7. | (Reserved) | ||||||||||
8. | Impervious Coverage: | ||||||||||
Total lot coverage: | 20% maximum | ||||||||||
9. | Principal Building Coverage: | 10% maximum | |||||||||
10. | Accessory Building Coverage: | 1.5% maximum | |||||||||
11. | The minimum cluster lot area (43,560 square feet) shall apply only to those lots located on soils that have a percolation rate of 30 minutes per inch or more and depth to groundwater of 6 feet or more. | ||||||||||
12. | |||||||||||
13. | The lot area requirement for a standard lot shall increase in addition to the minimum in Subsection 12-3.5f. only if the resultant lot size calculated from the formula below is greater than the minimum lot size for a standard lot (139,392 sf). | ||||||||||
14. | For those lots that do not meet the criteria in Subsections 12-3.5f,11 and 13, the lot requirements shall be based upon the following conditions: | ||||||||||
Total Lot Area = | |||||||||||
43,560 sf + (43,560 sf x ((Perc. Rate (min/inch) - 30 min/inch)/30 min/inch) + (43,560 sf x ((6 feet - Actual depth to G.W.)/2 ft) | |||||||||||
For Example: 40 minutes percolation rate 4.5 feet depth to SHWT | |||||||||||
Total Lot Area = | |||||||||||
43,560 sf + | [40 min/in - | 30 min/in 30 min/in | + | 6' - 4.5'] 2' | x 43,560 sf | ||||||
=43,560 + (43,560 sf x (10/30)) + (43,560 sf x (1.5 ft/2 ft)) | |||||||||||
=43,560 sf + 14,520 sf + 32,670 sf | |||||||||||
=90,750 sf or 2.08 acres | |||||||||||
* | A percolation rate of 60 minutes per inch and greater is not acceptable under State Standards. | ||||||||||
15. | At the option of the Board, the site specific testing may be disregarded and the application of the following shall apply based on map classifications. | |||||||||||
Slight | Moderate | Severe | ||||||||||
Natural drainage limitations | 30 minutes | 40 minutes | 60+ minutes | |||||||||
Limitations for septic effluent disposal | 6 feet | 3 feet | 1 foot | |||||||||
16. | All State Standards, specifically N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage, as amended, shall apply. | |||||||||||
17. | Minimum distance from any component of the disposal system lot to a property line or where applicable, the public right-of-way shall be 50 feet. The replacement of an existing malfunctioning septic system is exempt from this setback requirement. The replacement septic system shall be in conformance with N.J.A.C. 7:9A. | |||||||||||
18. | Any development of 25 acres or more, which is immediately adjacent to an active agricultural operation, shall include a buffer area along the common property line, which shall consist of the requirement in Subsection 12-5.2. This buffer shall be included on the building lots. | |||||||||||
19. | In order to limit nitrate and related pollutant buildup in ground water caused by septic systems, the use of a nitrate dilution model is required in development of lots. See Subsection 12-4.22 for background information and related definitions. The ground water nitrate concentrations for these developments shall be constrained by the potential for nitrate pollution of the aquifer as quantified by the pertinent Nitrate Dilution model using the parameters as defined below. Minimum lot size shall be determined by the application of the equation listed above under Subsection 12-3.5f,14 or the application of the residential carrying capacity model as provided by the New Jersey Department of Environmental Protection (NJDEP) utilizing the variables provided below. The minimum lot size required for this zoning district shall be the greater lot size calculated by the two above referenced methods. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size. | |||||||||||
(a) | Carrying-Capacity Formula Variables: | |||||||||||
(1) | POPULATIONS DENSITY: The population density shall be based on demographic information from the American Housing Survey, Bureau of the Census, which provides the average household size for the northeast region according to the number of bedrooms proposed per dwelling unit. | |||||||||||
(2) | N03 TARGET: 3 mg/l | |||||||||||
(3) | SOIL TYPE: Dependent on parcel location. If more than 1 soil type exists on the parcel, the resultant lot size shall be the sum of the model outputs for each soil type divided by the percentage of area the soil type covers on the parcel. In the absence of on-site soil samples, the soil type shall be determined by utilizing the Burlington County Soil Survey mapping. If there is a discrepancy between on-site soil sample results and the Burlington County Soil Survey mapping, the results of at least 3 soil borings in the area of discrepancy shall be considered the correct input for the formula variable. The NJDEP recharge model excludes hydric soils, wetlands, and waterways. Those areas considered to be watercourses and/or wetlands (except isolated wetlands) are not considered part of the acceptable recharge area and therefore shall not be permitted as contributing to the required area for minimum lot size. For isolated wetlands, when the NJDEP model is applied and the soil type does not result in a recharge value, a soil type with an equivalent recharge factor and recharge constant to the hydric, soil or wetland may be substituted in the model. | |||||||||||
(4) | MUNICIPALITY: Southampton Township. | |||||||||||
g.
Development Criteria. Agricultural buildings and/or structures (other than farm dwellings).
1.
Building setback: Front facade of the primary residential building.
2.
Side yard: 50 feet minimum.
3.
Rear yard: 50 feet minimum
4.
Special setback requirements: Except as provided for in the following paragraph, no new slaughter area, area for the storage or processing of manure, garbage, or spent mushroom compost, structures for the cultivation of mushrooms or the raising of livestock, or any building housing livestock shall be permitted adjacent to any land zoned for residential purposes or containing residential uses without the implementation of a fifty-foot buffer per Subsection 12-5.2. The buffer shall be adequate to protect and maintain public health.
h.
Existing conditions. Any parcel of land with an area or bulk measurement less than that prescribed for a lot in the Agricultural Residential (AR) zoning district may be used as a lot for any use permitted within the AR zoning district, if: