Upper Township City Zoning Code
§ 20-4.13
"F3" Rural Density Forest, "F10" Low Density Forest and "F25" Forest Conservation Districts.
[Ord. #009-2007, § 2]
a.
Purpose. The purpose of the "F3," "F10" and "F25" Forest Zone is to protect undisturbed forested portions of the Pinelands Protection Area, which support characteristic Pinelands plant and animal species. These areas are an essential element of the Pinelands environment and are very sensitive to random and uncontrolled development. Some parts of the forest area are more suitable for development than others provided such development is subject to strict environmental performance standards. The division of this area into three Forest Zones is intended to provide a transition between developed areas and outlying lands by accommodating the greater proportions of the permitted average density in close proximity to the more developed areas and maintaining the low density character of the outlying areas.
b.
Permitted Uses. The permitted uses pertaining to the "F3," "F10," and "F25" Forest Districts are provided on Schedule A Residential Districts — Permitted, Conditional and Accessory Uses[1] except as modified or supplemented by this section.
2.
Agricultural employee housing as an element of, and necessary to, an active agricultural operation.
3.
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)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impermeable surfaces.
4.
Expansion of existing intensive recreational uses provided that:
(a)
The 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;
(b)
The use is necessary to achieve recreational use of a particular element of the Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with the character of the Pinelands 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.
5.
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with Subsection 20-5.14h2(b).
7.
Roadside retail sales and service structures and uses provided that:
(a)
The parcel proposed for development has roadway frontage of at least 150 feet;
(b)
No portion 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; and
(c)
The proposed use will not unduly burden public services, including but not limited to water, sewer, and roads.
8.
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or satellite development in the Forest Area;
(b)
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.
9.
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products provided that:
[1]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
c.
Area and Yard Requirements. The area and yard requirements pertaining to all permitted uses within the "F3," "F10," and "F25" Forest Districts are provided on Schedule C Area and Yard Requirements for Zone Districts[2] except as modified or supplemented by this section.
1.
Notwithstanding the minimum lot areas set forth in Schedule C,[3] no such minimum lot area for a nonresidential use within the F3 or F25 Zone shall be less than that needed to meet the water quality standards of Subsection 20-5.14h2(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[3]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
[2]
Editor's Note: The schedules referred to herein are included as attachments to this chapter.
d.
Gross Floor Area Minimum. One thousand square feet for single-family dwellings.
e.
Forest Area - F-10 Zone. Residential dwelling units on five acre lots shall be permitted in the F-10 Zone, 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 proposed for development, equals at least the following:
2.
All lands acquired pursuant to Subsection 1 above, which may or may not be developable, are located in the F-10 or F-25 Districts;
3.
All noncontiguous lands acquired pursuant to paragraphs 1 and 2 above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low intensity recreational uses. Any such deed restrictions shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;
4.
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and