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Stafford Township City Zoning Code

§ 211-11

Preservation Area Zone PA.

The following shall apply to the Preservation Area Zone (PA):
A. 
Permitted uses shall be as follows:
(1) 
Residential dwellings on lots of 3.2 acres, in accordance with § 211-9C(2), or on lots of one acre, in accordance with § 211-9C(4).
[Amended 8-16-1988 by Ord. No. 88-65; 10-18-1988 by Ord. No. 88-77; 11-24-1992 by Ord. No. 92-77]
(2) 
Agricultural employee housing as an element of and accessory to an active agricultural operation.
(3) 
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.
(4) 
Forestry.
(5) 
[1]Fish and wildlife management and wetlands management.
[Amended 12-6-2011 by Ord. No. 2011-36]
[1]
Editor’s Note: Former Subsection A(5), beekeeping, was repealed 8-22-2023 by Ord. No. 2023-26. This ordinance also renumbered former Subsection A(6) through A(13) as Subsection A(5) through A(12), respectively.
(6) 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres.
(b) 
The recreational use does not involve the use of motorized vehicles, except for necessary transportation.
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage.
(d) 
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.
(e) 
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 12-6-2011 by Ord. No. 2011-36]
(7) 
Public service infrastructure which is necessary to serve only the needs of the Preservation Area Zone uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation Area Zone only in accordance with § 211-9G(8)(b)[2].
[Amended 8-16-1988 by Ord. No. 88-65; 3-4-1997 by Ord. No. 97-17]
(8) 
Signs.
(9) 
Accessory uses.
(10) 
Continuation of resource-extraction operations which were registered with the Pinelands Commission on or before January 21 1981, and received all necessary development permits for resource extraction on or before December 31, 1985. In such cases, the area of extraction is limited to the value given under the category "acreage to be mined" on the mine registration application submitted to the Department of Labor and Industry as of February 7, 1979, or the area approved by a valid municipal permit as of February 7, 1979, in the case of an operation exempted from registration with the Department of Labor and Industry.
[Amended 8-16-1988 by Ord. No. 88-65]
(11) 
Allocation of Pinelands development credits.
[Amended 8-16-1988 by Ord. No. 88-65]
(a) 
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection A(12)(b) below, every parcel of land in the Preservation Area Zone shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 11-24-1992 by Ord. No. 92-77]
(b) 
Pinelands development credits are hereby established in the Preservation Area Zone at the following ratios:
[1] 
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.
[Amended 3-4-1997 by Ord. No. 97-17]
[2] 
Uplands which are mined as a result of a resource-extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.
[3] 
Other uplands: one Pinelands development credit per 39 acres.
[4] 
Wetlands: two-tenths (0.2) Pinelands development credit per 39 acres.
(c) 
The allocations established in Subsection A(12)(b) above shall be reduced as follows:
[Amended 10-2-1990 by Ord. No. 90-55]
[1] 
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
[2] 
The Pinelands development credit entitlement of a parcel of land shall be reduced by 1/4 Pinelands development credit for each existing dwelling unit on the property.
[3] 
The Pinelands development credit entitlement for a parcel of land shall be reduced by 1/4 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection A(12)(g) below or when a variance for cultural housing is approved by the Township pursuant to § 211-9C(4) of this chapter.
[Amended 11-24-1992 by Ord. No. 92-77]
[4] 
The Pinelands development credit entitlement for a parcel of land shall also be reduced by twenty-five hundredths (0.25) Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 11-24-1992 by Ord. No. 92-77]
(d) 
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection A(12)(b) above.
(e) 
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred, except to a member of the owner's immediate family. This section shall also apply to owners of record of less than 0.10 acres of land in the Preservation Area Zone as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(12)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 10-2-1990 by Ord. No. 90-55; 3-4-1997 by Ord. No. 97-17]
(f) 
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity to those uses set forth in Subsection A(12)(h) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 3-4-1997 by Ord. No. 97-17]
(g) 
Notwithstanding the provision of Subsection A(12)(f) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 1/4 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Amended 10-2-1990 by Ord. No. 90-55]
(h) 
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained. Such deed restriction shall specify the number of Pinelands development credits sold and that the property in Preservation Area Zone may only be used in perpetuity for the following uses: berry agriculture; horticulture of native Pinelands plants; forestry; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.
[Amended 12-6-2011 by Ord. No. 2011-36; 12-11-2018 by Ord. No. 2018-28; 8-22-2023 by Ord. No. 2023-26]
(i) 
Pinelands development credits shall be used in the following manner:
[Added 11-24-1992 by Ord. No. 92-77]
[1] 
To permit development of parcels of land in the P, R-4 and R-90 Zones according to the density and lot area requirements set forth in §§ 211-19G, 211-20H and 211-21G of this chapter.
[Amended 9-2-2008 by Ord. No. 2008-88]
[2] 
When a variance of density or minimum lot area requirements for the P, NC, NMC, R-3, R-4 or R-90 Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Amended 3-4-1997 by Ord. No. 97-17]
[3] 
When a variance or other approval for a nonresidential use not otherwise permitted in the P, R-4 or R-90 Zones is granted by the Township, Pinelands development credits shall 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.
[Amended 7-3-2001 by Ord. No. 2001-45; 9-2-2008 by Ord. No. 2008-88]
[4] 
When a variance or other approval for a residential use in the BP, S, CO, CC, HMC or ROS Zones is granted by the Township, Pinelands development credits shall 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.
[Amended 7-20-1993 by Ord. No. 93-52; 9-20-1994 by Ord. No. 94-88; 7-3-2001 by Ord. No. 2001-45]
[5] 
When a variance for cultural housing is granted by the Township in accordance with § 211-9C(4) of this chapter.
[6] 
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[7] 
When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV Zone is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 3-4-1997 by Ord. No. 97-17]
(j) 
In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.
[Added 11-24-1992 by Ord. No. 92-77]
(12) 
Minimum lot areas for nonresidential structures shall be determined by application of the standards contained in § 211-9G(8)(b)[4], whether or not the lot is to be served by a centralized sewer treatment or collection system pursuant to Subsection A(8) above. No nonresidential structure shall be located on a parcel of less than one acre in size.
[Added 10-18-1988 by Ord. No. 88-78; amended 3-4-1997 by Ord. No. 97-17]
B. 
Area, yard and building requirements shall be as follows:
[Added 10-1-2002 by Ord. No. 2002-79]
(1) 
The minimum lot width shall be 200 feet.
(2) 
The minimum front yard setback shall be 200 feet.
(3) 
The minimum rear yard setback shall be 50 feet.
(4) 
The minimum side yard setback shall be 25 feet.
(5) 
The minimum accessory structure setback shall be 25 feet.