Stafford Township City Zoning Code

The following definitions shall apply only to those portions of the Township of Stafford that are located within the Pinelands Area: accessory use or structure; agricultural commercial establishment; agricultural employee housing; agricultural or horticultural purpose or use; agricultural service establishment; application for development; artificial regeneration; bedding; broadcast scarification; camper; campsite; certificate of filing; clear cutting; Commission; Comprehensive Management Plan; contiguous lands; coppicing; disking; divert or diversion; drum chopping; electric distribution lines; electric transmission lines; fish and wildlife management; forestry; forestry management plan; forest stand; group selection; habitat; height; historic resource; hydrologic unit code-11 or HUC-11: hydrophytes; immediate family; impermeable surface; impervious surface; individual selection; institutional use; interim rules and regulations; land; local communications facility; mobile home; natural regeneration; navigable waters; nonconsumptive use; off-site commercial advertising sign; parcel; permeability; person; Pinelands; Pinelands Development Review Board; Pinelands native forest type; Pinelands Protection Act; Pinelands resource-related use; public service infrastructure; recommended management practice; recreational facility, intensive; recreational facility, low-intensive; Resource Management System Plan; resource extraction; root raking; seasonal high-water table; seed tree cut; shelterwood cut; sign; specimen tree; submerged land; structural alteration; thinning; utility distribution lines; vegetation; wetlands management; and wetland soils, which definitions shall have the meanings ascribed to them in the N.J.A.C. 7:50-2.11.

As used in this section, the following terms shall have the meanings indicated:

The use was not abandoned or terminated subsequent to January 14, 1981.

The expansion or alteration of the use is in accordance with all of the minimum standards of Subsection G.

The area of expansion does not exceed 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.

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.

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.

The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years, and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.

The parcel has been in the continuous ownership of the applicant, a member of his immediate family or a partnership or corporation made up of members of a qualifying immediate family who collectively own more than a majority interest in such partnership or corporation since February 7, 1979.

The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains any substantial improvements.

The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in the following subsection.

The height limitation in Subsection C(4)(a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conforming with the standards of Subsection G(9): antennas which do not exceed a height of 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.

The height limitation in Subsection C(4)(a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

In the case of variance applications in the Pinelands Area of the Township, variances granted, which constitute a waiver of requirements, standards or criteria contained in the Pinelands Comprehensive Management Plan, shall be conditioned upon the review and, where appropriate, action by the Pinelands Commission.

Any residential development in the R-3, R-4, R-90, P, NC, NMC or BP Zones which is approved by variance at a density which exceeds the maximum permitted in that zone shall require that Pinelands development credits be used for all dwelling units which exceed the maximum otherwise permitted.

Any municipal variance or other approval for the development of a residential use in the BP, CC, HMC, S, CO or ROS Zones shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the R-3, R-4, P or R-90 Zones shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 211-12B for a residential or principal nonresidential use in the PV Zones shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

In the case of a "d" variance application before the Board of Adjustment under N.J.S.A. 40:55D-70, the Board of Adjustment shall require that the applicant produce a certificate of filing prior to deeming the application complete for purposes of a hearing before the Board of Adjustment on the "d" variance application.

Except as provided in Subsection D(1)(b) below, the following shall not be subject to the procedures set forth in this section:

The exceptions contained in Subsection D(1)(a) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

The name and address of the applicant.

The legal description and street address, if any, of the parcel that the applicant proposes to develop.

A brief description of the proposed development, including uses and intensity of uses proposed.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency.

The approval agency with which the application or change there to was filed.

The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports.

The nature of the municipal approval or approvals being sought.

Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant, in addition to the requirements set forth in Chapter 130, Land Use and Development, shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

Proof of provision of said notice shall be submitted to the local approval agency.

The name and address of the applicant.

The legal description and street address, if any, of the parcel that the applicant proposes to develop.

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.

The date on which the approval or denial was issued by the approval agency.

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.

Any revisions to the application not previously submitted to the Commission.

A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

The Township Council or Board of Adjustment, as the case may be, shall notify the Pinelands Commission by certified mail at least 10 days prior to the hearing of an appeal involving a development application in the Pinelands Area.

Where an appeal of a decision is made to the Board of Adjustment or Township Council, the applicant shall notify the Pinelands Commission by certified mail of the decision of the Zoning Board of Adjustment or Township Council within five days following the decision of such an appeal. Such notification shall contain the information set forth in Subsection D(4) above.

Condition on prior approval of development application by Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

If the Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked within 30 days of the Commission's action by the approving authority, and the agency shall thereafter deny approval of the application.

If the Commission approves the decision of an approving authority subject to conditions, the approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required. shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

The applicant's name and address and his interest in the subject property.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

The legal description, including block and lot designation and street address, if any, of the subject property.

A description of all existing uses of the subject property.

A brief written statement generally describing the proposed development.

A United States Geological Survey quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands Management Area designation and the zoning designation are shown.

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.

A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.

Unless the application is for minor site plan approval or the development of an individual single-family dwelling in accordance with Subsection E(2) below, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34.

When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.

Applications for the development of an individual single-family dwelling on an existing lot.

Applications for minor site plan approval involving development in the R-3, R-4, R-90, NC, CC, NMC, HMC, ROS, P, I or I-O Districts that will be served by sanitary sewers.

The applicant's name and address and his interest in the subject property.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

The legal description, including block and lot designation and street address, if any, of the subject property.

A description of all existing uses of the subject property.

A brief written statement generally describing the proposed development, the number of total units and the floor area of all units to be included in the proposed development.

A written statement addressing each of the standards or guidelines set forth in § 211-9G and stating specifically how the proposed development meets each such standard or guideline.

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed wastewater treatment facilities:

A project site base map, at a scale of no less than one inch to 200 feet, and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

A soils map, including a county soils survey in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map.

A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals.

A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in the plan. This map should be prepared prior to any engineering, site layout or design work.

A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution: the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development and the tree line before and after development.

A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high-water table.

Legal instruments evidencing the applicant's right, title or interest in any Pinelands development credits and any existing or proposed deed restrictions or easements relating to the subject parcel.

A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils.

All public service infrastructure agreements or other documentation evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure.

The cultural resources survey described in Subsection G(14).

A list of all permits required for the proposed development from county, municipal, state and federal agencies.

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:5-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection D(6) above.

Uses. No development shall be permitted in a wetland or wetlands transition area except for the following uses:

Performance standards.

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection G(3)(d) below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection G(3)(c) above or required pursuant to Article X of Chapter 130 shall incorporate the following elements:

In all instances, no development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

Forestry application requirements. The information in Subsection G(5)(b)[1] or [2] below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

Forestry permit procedures.

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

Any application filed for approval of resource-extraction operations in the Pinelands shall include at least the following information:

Resource-extraction operations shall be approved only if the applicant can demonstrate that the proposed operation complies with N.J.A.C. 7:50-6.68.

All parcels of land which are used for resource extraction operations shall be restored in accordance with N.J.A.C. 7:50-6.69.

Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this subsection shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.

All development permitted under this section shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for the purposes of this subsection.

The following point and nonpoint sources may be developed and operated in the Pinelands:

Individual wastewater treatment facility and petroleum tank maintenance.

Prohibited chemicals and materials.

Water management.

Scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the Preservation Area Zone and Forest Area Zone shall be considered scenic corridors.

Special requirements for scenic corridors.

Motor screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

Signs in the Pinelands Area.

Signs in the preservation area zone.

All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

The right-of-way of all roads will be maintained so that it provides an effective firebreak.

A fire-hazard fuel break will be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

All structures will meet the following specifications:

All residential development of 100 dwelling units or more in high- or extreme-high-hazard areas will have a two-hundred-foot-perimeter fuel break between all structures and the forest, in which:

The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection G(14)(e)[2] below.

Authority to issue certificates of appropriateness.

Certificates of appropriateness shall be required for the following:

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

A cultural resource survey shall accompany all applications for development in the PV Zone and all applications for major development within the Pinelands Area in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing, as necessary, to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.

The effect of the issuance of a certificate of appropriateness is as follows:

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors: