Washington City Zoning Code
ARTICLE X
General Regulations
§ 275-63 Intent.
In order to safeguard the general health, safety and welfare of the municipal residents, to implement land development guidelines contained in the Washington Township Master Plan, and to implement the environmental restraints presented in the New Jersey Pinelands Comprehensive Management Plan, the following general regulations shall apply to each and every zoning district established under this chapter.
§ 275-64 Accessory buildings.
An accessory building attached to the principal building shall comply in all respects with the building line setback requirements applicable to the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and shall conform to the yard requirements for accessory buildings set forth in the zoning district regulations.
§ 275-65 Agricultural operations.
A.
Intent.
(1)
It is the intent of this chapter to preserve and encourage farming operations, to minimize municipal interference into normal farming operations and to assure farmers and horticulturalists both the right and freedom to farm, providing that no danger is presented to either the public health or to the ecology. Except as provided in Subsections B and C, farmers shall have no restrictions placed upon normal farming operations such as land clearing, terrain modification, resource extraction, soil erosion and sedimentation control, vegetation and animal waste management, agricultural chemical usage, weekend and holiday operations, nocturnal operations, and the noise, odors, dust and fumes related to crop and livestock production.
(2)
This section shall have precedence over all other general regulations of this chapter, provided that the farmer employs the recommended management practices and complies with the resource conservation plan described in the following subsections.
B.
Recommended management practices. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall comply with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the U.S. Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
C.
Resource conservation plans. In Special Agricultural Zone (SA) areas designated by any agency of federal, state, county or local government as having substandard surface water or groundwater, a resource conservation plan shall be prepared for every agricultural use by either the operator or the appropriate Soil Conservation District. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
§ 275-66 Fences.
[Amended 2-5-2019 by Ord. No. 2019-01]
Fences and hedges shall be permitted in all zoning districts, subject to the following limitations:
A.
Height.
B.
Permit. A zoning permit shall be obtained from the Municipal Zoning Officer prior to erecting a fence or wall.
§ 275-67 Height exceptions.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
A.
The height limitations of this chapter shall not apply to 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, provided that:
(1)
These exceptions are shown to be necessary to accomplish their purpose.
(2)
These structures are shown to be compatible with uses in their immediate vicinity.
(3)
The aggregate roof area covered by these fixtures shall not exceed 20% of the total roof area.
(4)
The height of roof-installed water towers, ventilators, skylights, mechanical equipment, solar energy facilities and other similar structures shall not exceed a vertical height of more than 15 feet above the top of the roof.
B.
The height limitations of this chapter 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.
§ 275-68 Historical, archaeological and cultural preservation.
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
The Planning and Zoning 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 Committee 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 E(2) below.
B.
Authority to issue certificates of appropriateness.
(1)
The Planning and Zoning Board shall issue all certificates of appropriateness.
C.
Certificates of appropriateness shall be required for the following:
(1)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
D.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications for development in a Pinelands Village and all applications for major development 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.
[Amended 9-2-1993 by Ord. No. 1993-8; Ord. No. 1997-2]
(1)
This requirement for a survey may be waived by the local approval authority if:
(a)
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will contribute to a more comprehensive understanding of Pinelands culture; or
(2)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(c)
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or
(d)
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
F.
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 and Zoning Board.
G.
The effect of the issuance of a certificate of appropriateness is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq., within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended by Ord. No. 1997-2]
H.
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:
(1)
A narrative description of the resource and its cultural environment;
(2)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(3)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(4)
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
I.
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 and Zoning 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).
§ 275-69 Lot development.
A.
No lot shall have erected upon it more than one principal single-family residential building, nor shall any lot have more than one principal use, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management and, on agricultural lands, recreation development. These limitations shall not preclude the development of home occupations, home professional offices or other accessory nonresidential uses on the same lot as a residential use.
[Amended 7-10-2012 by Ord. No. 2012-07]
B.
The area of a lot shall include only land areas above water.
C.
No land area within a public right-of-way, regardless of deed description, shall be included as part of the lot area.
§ 275-70 Nonconformities.
A.
Intent.
(1)
This section regulates and limits the existence of uses, structures, lots and signs lawfully established prior to the effective date of this chapter and which do not now conform to this chapter.
(2)
The intent of this chapter is not to permit any such nonconformities to be enlarged, expanded, extended, structurally altered, reestablished or used as a basis for adding other nonconforming structures or uses that are prohibited or restricted by this chapter.
(3)
The burden of establishing that any nonconformity is lawfully existing under the provisions of this section shall be upon the owner of such nonconformity and not upon the municipality.
(4)
Nothing in this section shall be deemed to prevent repairing or restoring a structure to a safe condition in accordance with an order of a public official, providing such restoration does not otherwise violate other provisions of this section relating to the repair or restoration of partially damaged or destroyed structures or signs.
B.
Nonconforming uses.
(1)
Applicability. This subsection applies to any use that does not conform with the zoning district requirements of this chapter and to any structure associated with a nonconforming use.
(2)
Authority to continue. Any lawfully existing nonconforming use may be continued, providing it remains otherwise lawful with respect to this section.
(3)
Repair and maintenance. Ordinary repair and maintenance, and installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed on any structure devoted in whole or in part to a nonconforming use, providing no violations are made of the following regulations for nonconforming uses.
(4)
Structural alteration. No structure devoted in whole or in part to a nonconforming use shall be structurally altered, except as provided herein, unless the entire structure and use thereof complies with all regulations of the zoning district.
(5)
Enlargement or extension. No structure devoted in whole or in part to a nonconforming use shall be enlarged, extended or added to in any manner, except as provided below, unless the entire structure and use thereof complies with all regulations of the zoning district.
(a)
Any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in this article, may be expanded or altered, provided that:
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
[1]
The use was not abandoned or terminated subsequent to January 14, 1981;
[2]
The expansion or alteration of the use is in accordance with all of the minimum standards of this article;
[3]
The area of expansion does not exceed 25% of the gross 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;
[4]
The increase creates no additional nonconformities nor violates any zoning district regulation; and
[5]
The increase is shown to be necessary to maintain the economic viability of the nonconforming use.
(6)
Damage or destruction.
(a)
In the event that any structure devoted in whole or in part to a nonconforming use is damaged or destroyed to the extent of more than 2/3 of the cost of replacement of the structure new, such structure shall not be restored unless the entire structure and use thereof complies with all regulations of the zoning district.
(b)
When such structure is damaged or destroyed to an extent of less than 2/3 of the cost of replacement of the structure new, restoration may be made, providing that the restoration creates no additional nonconformities and no additional violations of any zoning district regulation. Restoration shall begin within one year of damage or destruction and shall be diligently pursued to completion in order to retain its nonconforming status.
(7)
Moving. No structure devoted in whole or in part to a nonconforming use shall be moved to any other location on the same lot or any other lot unless the entire structure and use thereof complies with all regulations of the zoning district of the proposed location.
(8)
Change in use. No nonconforming use may be changed to any other use unless the new use complies with all regulations of the zoning district.
(9)
Abandonment or discontinuance.
(a)
When a nonconforming use is discontinued or abandoned for a period of at least one year, regardless of an intent to resume or not to abandon, such use shall be presumed to be abandoned and shall not thereafter be reestablished or resumed unless the owner thereof presents evidence sufficient to rebut the presumption of abandonment.
(b)
Any period of such discontinuance caused by government action, strikes, material shortages or acts of God, without any contributing fault by the nonconforming user, shall not be considered in calculating the length of discontinuance.
(10)
Reversion. No nonconforming use, once changed to a conforming use, shall revert to a nonconforming use.
C.
Nonconforming structures.
(1)
Applicability. This subsection applies to any nonconforming structures associated with a use that conforms to the requirements of this chapter. If the use is nonconforming, the requirements of Subsection B shall apply.
(2)
Authority to continue. Any lawfully existing nonconforming structure may be continued, providing it remains otherwise lawful with respect to this section.
(3)
Enlargement, repair, alterations. Any nonconforming structure, other than intensive recreation facilities and those structures which are expressly limited in this article, may be enlarged, maintained, repaired or altered, providing that:
[Amended 5-4-1989 by Ord. No. 1989-4]
(a)
The action meets all of the minimum standards of this article; and
(b)
The action neither creates any additional nonconformity nor increases the degree of nonconformity of all or any part of the structure; and
(c)
The action does not violate any zoning district regulation; and
(d)
If an enlargement, the increase is shown to be necessary to maintain the economic viability of the nonconforming structure.
(4)
Damage or destruction.
(a)
In the event that any part of a nonconforming structure, which part contributed to the structure's nonconformity, is damaged or destroyed to the extent of more than 75% of the cost of replacement of said part new, such part shall not be restored unless it shall thereafter conform to the regulations of the zoning district in which it is located.
(b)
When such a part of a structure is damaged or destroyed to an extent of less than 75% of the cost of replacement of said part new, restoration may be made, providing the restoration creates no additional nonconformity and no additional violations of any zoning district regulation. Restoration shall begin within one year of damage or destruction and shall be diligently pursued to completion in order to retain its nonconforming status.
(5)
Moving. No nonconforming structure shall be moved to any other location on the same lot or any other lot unless the entire structure shall thereafter conform to all regulations of the zoning district of the proposed location.
(6)
Change in use. No nonconforming structure may be changed to any other use unless the new use complies with all regulations of the zoning district.
(7)
Abandonment or discontinuance. When a nonconforming structure is discontinued or abandoned for a period of at least one year, regardless of an intent to resume or not to abandon, such structure shall be presumed to be abandoned and shall not thereafter be reestablished or resumed unless the owner thereof presents evidence sufficient to rebut the presumption of abandonment.
(8)
Reversion. No nonconforming structure, once changed to a conforming structure, shall revert to a nonconforming structure.
D.
Nonconforming lots of record.
(1)
Applicability. This subsection applies only to existing nonconforming lots of record with no existing structures or improvements upon them.
(2)
Authority to continue. Any lawfully existing nonconforming lot of record may be continued, providing it remains otherwise lawful with respect to this section.
(3)
Subdivision. No existing nonconforming lot of record shall be further reduced in size.
(4)
Adjacent nonconforming lots. If two or more lots or combination or portions of lots exist with continuous frontage in single ownership, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, then no portion of the parcel under single ownership shall be used which does not meet the lot width and area requirements unless the lots or combination or portions of these lots are combined into one or more separate conforming lots.
(5)
Reversion. No existing nonconforming lot or parcel, once changed to a conforming lot or parcel, shall revert to a nonconforming lot or parcel.
§ 275-71 Parking and loading.
A.
Applicability.
(1)
This section shall be applicable to all new uses and to all existing uses undergoing conversions, alterations or expansions.
(2)
Whenever a use existing on the effective date of this chapter is changed to a new use, parking and loading facilities shall be provided as required herein for such new use. If a deficiency in the number of parking or loading spaces existed on the effective date of this chapter, the new required parking or loading spaces may be deficient by a number no more than the preexisting deficiency.
(3)
When a use is enlarged more than 10% of the gross floor area, seating capacity or like measure, when compared to existing conditions on the effective date of this chapter, parking and loading spaces shall be provided for such increase as required elsewhere in this chapter.
B.
General.
(1)
Location of parking. All required parking or loading facilities, including stalls, aisles and buffer areas, shall be provided on site.
(2)
Computation of parking spaces. The required number of parking spaces shall be rounded up to the nearest whole number. In churches or other areas of public assembly in which patrons occupy benches, stands or pews, each 20 inches of seating space shall be counted as one seat.
(3)
Employee parking. When parking spaces are required for employees or staffs, the maximum number of employees present at any one time or shift shall govern.
(4)
Nonspecified use. For uses not listed in this chapter, parking or loading spaces shall be provided on the same basis as the most similar listed use as determined by the Planning and Zoning Board or Zoning Board of Adjustment.
(5)
Collective or joint use.
(a)
A collective parking or loading facility for two or more uses shall be permitted, providing the total number of spaces is not less than the sum of the individual use requirements, the collective lot is one contiguous lot, and a satisfactory legal instrument is provided and executed by all users, thus establishing the right to use such a collective parking or loading facility.
(b)
Up to 50% of the parking spaces required for a theatre, bowling alley, assembly hall or restaurant, and up to 100% of the parking spaces required for a church or school, may be supplied in joint use with a retail shopping center or office building, or vice versa, provided that the normal operating hours of each joint user do not overlap, and further provided that a satisfactory legal instrument is executed by all users, thus establishing the right to use such a joint parking facility.
C.
Design standards: parking.
(1)
Basic stall size. Exclusive of driveways and turning areas, a parking space shall be at least 10 feet wide and 20 feet long except as provided elsewhere in this section.
(2)
Setback from streets. No part of any parking lot or loading area, other than driveways for ingress or egress, shall be located closer to a street right-of-way line or limit of easement than the minimum front yard setback required for a principal building in the zoning district.
(3)
Side yard parking. No part of any parking lot or loading area, other than driveways for ingress or egress, shall be located in a minimum side yard area designated for the zoning district.
(4)
Setback from residential uses. No part of any nonresidential parking lot or loading area shall be located within 20 feet of any lot line forming part of a residential use or zoning district boundary line.
(5)
Screening and landscaping. The perimeter setback areas required in this section shall be treated as a perimeter landscaped open space.
(6)
Handicapped parking. At least 2% of all nonresidential parking spaces shall be constructed and reserved for use by the handicapped in accordance with N.J.S.A. 52:32-6 et seq. Each space shall be at least 12 feet wide.
(7)
Angle parking. Angle parking from 45° to 90° may be permitted, and the required stall width and length may be decreased at the discretion of the Planning and Zoning Board or Zoning Board of Adjustment to nine feet and 18 feet, respectively, for acute angle parking.
(8)
Driveways and aisles. One-way driveways or aisles shall be at least 15 feet in width; two-way driveways and aisles shall be at least 24 feet in width. When angle parking is used, reductions in width up to one foot for one-way driveways or aisles and up to two feet for two-way driveways or aisles may be permitted at the discretion of the Planning and Zoning Board or Zoning Board of Adjustment.
(9)
Surfacing, marking and circulation. All required offstreet parking spaces shall be paved or surfaced with crushed stone, shall have individual spaces marked and shall be so designed, maintained and regulated so that no parking, backing onto or other maneuvering incidental to parking shall be on any public street, walk or alley and so that any vehicle may be parked or retrieved without moving another.
(10)
Lighting. Lighting may be required by the Planning and Zoning Board or Zoning Board of Adjustment, and if required, lighting shall consist of approved lighting standards and fixtures arranged and shielded to prevent direct glare onto adjoining properties and streets. Minimum average illumination shall be one footcandle.
(11)
Car stops. Suitable car stops shall be provided to protect perimeters and landscaping and to assure proper traffic control.
(12)
Grades. Parking lot grades shall not be less than 0.3% nor more than 5% except for ramps.
D.
Design standards: loading.
(1)
Basic stall size. Exclusive of driveways and turning areas, a loading stall shall be at least 14 feet wide and 35 feet long and shall have at least 14 feet of clear headroom.
(2)
Setback from streets. The corresponding conditions and controls of Subsection C(2) are applicable to this category.
(3)
Side yard parking. The corresponding conditions and controls of Subsection C(3) are applicable to this category.
(4)
Setback from residential uses. The corresponding conditions and controls of Subsection C(4) are applicable to this category.
(5)
Location and accessibility. A loading area shall be located on the side of or in the rear of the principal building that it serves. A loading area shall also be located so that adequate traffic circulation can be maintained around an off-loading vehicle. Sites for loading areas shall be chosen to minimize interference with customer and employee traffic circulation and all pedestrian circulation routes.
(6)
Surface, marking and circulation. The corresponding conditions and controls of Subsection C(9) are applicable to this category.
(7)
Lighting. The corresponding conditions and controls of Subsection C(10) are applicable to this section.
(8)
Screening. Loading areas shall be screened or visually insulated from adjoining residential uses or zones.
§ 275-72 Performance standards.
A.
Intent. It is the intent of this section to protect the health, safety and welfare of all residents by promulgating regulations to prevent land or structures from being used or occupied in any manner that adversely affects the surrounding area or citizenry. These regulations apply to land use and structures permitted either by right or by special approval.
B.
Other governmental regulations. Notwithstanding the provisions of this section, no use or operation shall be permitted which does not meet any applicable federal, state, county, municipal or other governmental regulation or standard.
C.
Electromagnetic radiation. It shall be unlawful to intentionally or unintentionally operate any source of electromagnetic radiation which does not comply with current regulations of the Federal Communications Commission. Abnormal degradation in performance of similar, nearby operations shall also be unlawful, and the principles and standards set by the following associations shall apply in the order of precedence listed below:
D.
Fire and explosive hazards. All uses and operations involving the use, storage or handling of explosive or hazardous flammable matter shall be permitted only when reviewed and formally approved by the Municipal Fire Chief.
E.
Glare.
(1)
No use or activity in any zoning district shall be operated so as to produce direct or indirect illumination or glare across any lot line which creates a nuisance or traffic hazard or detracts from the use or enjoyment of the adjacent property.
(2)
Excepting street lights, all exterior lighting fixtures within or adjacent to a residential zoning district shall be limited, directed or shielded to prevent the intensity of light from exceeding 1/2 footcandle measured at the residential property line. In all other zoning districts, the respective intensity of light shall be limited to one footcandle.
(3)
No lights or displays that blink, shine or move shall be permitted in any zoning district with the exception of holiday decorations.
F.
Heat. No use or activity in any zoning district shall be operated so as to emit or transmit heat or heated air discernible at or beyond its property lines.
G.
Noise and vibration.
(1)
No use or activity shall be operated in excess of the limits prescribed in the following table. Noise levels apply to any octave band and are adjusted for a frequency of 1,000 cycles per second. Vibration levels are adjusted for 25 cycles per second. All measurements are taken at the generator's lot lines.
Category | Maximum Noise (dB) | Maximum Vibration (inches) | |
|---|---|---|---|
Adjoins Commercial District (continuous source) | 60 | 0.0002 | |
Adjoins Commercial District (intermittent or maximum 5% of time) | 70 | 0.0006 | |
Adjoins Residential District (continuous source) | 55 | 0.0001 | |
Adjoins Residential District (intermittent or maximum 5% of time) | 65 | 0.0002 |
(2)
Operations and uses generating objectionable noise and vibration levels beyond the generator's lot lines shall be prohibited from both night operation (9:00 p.m. to 7:30 a.m.) and Sunday operation.
H.
Odors.
(1)
No use or activity in any zoning district shall be operated so as to produce any objectionable odor threshold at the generator's property lines. The odor threshold shall be determined by observation, and in case of dispute, the method and procedures specified by the American Society for Testing Materials, ASTM D1391-57, shall be used.
I.
Smoke, particulates and air contaminants. No use or activity in any zoning district shall cause emissions of air contaminants for more than three minutes in any one hour which are as dark or darker than a No. 1 on the Ringelmann Smoke Chart published by the U.S. Bureau of Mines. This restriction does not apply to New Jersey State regulated burning.
§ 275-73 Pinelands development credits (PDCs).
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
Establishment of PDCs.
(1)
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(2) through (6) below, every parcel of land in the Pinelands Preservation Zone (PP) or Special Agricultural Zone (SA) 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 9-2-1993 by Ord. No. 1993-8]
(2)
Pinelands development credits are hereby established in the Pinelands Preservation Zone (PP) at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
[Amended by Ord. No. 1997-2]
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this article: zero Pinelands development credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres; and
(d)
Wetlands: 2/10 Pinelands development credit per 39 acres.
(3)
Pinelands development credits are hereby established in the Special Agricultural Zone (SA) at the following ratios:
(a)
Uplands which are undisturbed but approved for resource extraction pursuant to this article: two Pinelands development credits per 39 acres;
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(c)
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres;
(d)
Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres; and
[Amended by Ord. No. 1997-2]
(e)
Other wetlands: two-tenths Pinelands development credits per 39 acres.
(4)
The allocations established in Subsection A(2) and (3) above shall be reduced as follows:
[Amended 3-7-1991 by Ord. No. 1991-2]
(a)
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.
(b)
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 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 B(2) below or when a variance for cultural housing is approved by the Township pursuant to § 275-41A(1) or § 275-49A(1) of this chapter.
[Amended 9-2-1993 by Ord. No. 1993-8]
(d)
The Pinelands development credit entitlement for a parcel of land shall also be reduced by 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 9-2-1993 by Ord. No. 1993-8]
(6)
Notwithstanding the provisions above, the owner of record of 0.10 acre of land or greater in the Pinelands Preservation or Special Agricultural 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.
[Amended 3-7-1991 by Ord. No. 1991-2; Ord. No. 1997-2]
(7)
The provisions of Subsection A(6) above shall also apply to owners of record of less than 0.10 acre of land in the Pinelands Preservation or Special Agricultural 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(2) and (3) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 acre.
[Added by Ord. No. 1997-2]
B.
Limitations on use of PDCs.
(1)
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 C 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 by Ord. No. 1997-2]
(2)
Notwithstanding the provision of Subsection B(1) 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 same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 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 3-7-1991 by Ord. No. 1991-2]
C.
Deed recording.
(1)
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.
(2)
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
(a)
In the Pinelands Preservation Zone (PP): berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; migrant labor 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 impermeable surfaces; and accessory uses.
[Amended 7-10-2012 by Ord. No. 2012-07; 11-5-2018 by Ord. No. 2018-05]
(b)
In the Special Agricultural Zone (SA): berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; migrant labor housing as an accessory use; fish and wildlife management; and accessory uses.
[Amended 7-10-2012 by Ord. No. 2012-07; 11-5-2018 by Ord. No. 2018-05]
(c)
In all other zoning districts: agriculture; forestry and low intensity recreational uses.
[Added 9-2-1993 by Ord. No. 1993-8]
D.
Use of Pinelands development credits.
[Added 9-2-1993 by Ord. No. 1993-8]
(1)
Pinelands development credits shall be used in the following manner:
(a)
When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV-R, PV-NB or PV-I Zone is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance;
[Amended by Ord. No. 1997-2]
(b)
When a variance for cultural housing is granted by the Township in accordance with § 275-41A(1) or § 275-49A(1) of this chapter; and
(c)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(2)
Pinelands development credits which are used in accordance with Subsection D(1) above shall yield a bonus of four dwelling units per credit.
(3)
Pinelands development credits may be aggregated from different parcels for use in accordance with Subsection D(1) above.
(4)
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. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.
[Amended by Ord. No. 1997-2]
(5)
No person shall purchase any Pinelands development credits that may be required in accordance with Subsection D(1) above until such person has transmitted to all owners of property within the Township which have received an allocation of Pinelands development credits from the Pinelands Commission through the issuance of a letter of interpretation, by certified mail, a notice of intent to purchase the required Pinelands development credits. A list of property owners and addresses who have received Pinelands development credit allocations shall be maintained by the Township. After 15 days following the date such notices are transmitted, the applicant may purchase the necessary Pinelands development credits from any property owners within the Township or from any other person who owns Pinelands development credits. Required documentation to the Planning and Zoning Board shall include a notarized affidavit from the person seeking to purchase Pinelands development credits which attests to the fact that owners of property within the Township which have received Pinelands development credit allocations were notified of the applicant's interest in purchasing Pinelands development credits.
§ 275-74 Prohibited uses.
A.
Intent. It is the intent of this section to protect the health, safety, morals and welfare of all residents by specifically prohibiting the following uses and activities in all zoning districts of the municipality.
B.
Prohibited uses.
(1)
Campgrounds or campsites.
(2)
Any use which includes the bulk storage of gasoline or other petroleum products not specifically permitted in the zoning district. Exceptions may be made with the approval of the Municipal Fire Chief of the local Fire Department, or other certified fire officer or official as the alternate, as may be so designated from time to time by the governing body of the Township of Washington.
[Amended 12-13-2016 by Ord. No. 2016-07A]
(3)
Houseboats.
(a)
The use of boats, yachts, houseboats or similar vessels or registered hulls for long-term residential purposes is prohibited. This includes utilizing the services of a marina or comparable dock or shore facilities for residential purposes for a period of time longer than the normal summer season.
(b)
Notwithstanding the provisions of Subsection B(3)(a) above, boats, yachts, houseboats or similar vessels or registered hulls may utilize the services of a marina complying with the requirements of § 275-20C(6) of this chapter and may be occupied, used for residential purposes and tied into utility services for a period of time not to exceed the normal summer season.
(c)
Nothing in this section shall be interpreted to prevent a landowner from using his or her own personally registered houseboat for an occasional vacation or recreational use, provided that the use is not for any commercial purpose, and the houseboat is moored at a dock or other mooring on the landowner's lot which has been developed pursuant to all applicable provisions of this chapter.
[Added 9-2-1993 by Ord. No. 1993-8]
(4)
Junkyards, salvage yards or outdoor storage of wrecked automobiles or parts thereof. Nothing in this section shall be interpreted to prevent the landowner of a lot on which a residence has been developed from temporarily storing two junk cars on the lot of that residence, providing that such vehicles shall be stored only in the rear yard area and set back from adjacent developed lots. Fuels shall be drained from the vehicle tank and properly disposed of. Such storage of junk cars is specifically prohibited on business, industrial and vacant lots, except as permitted for automobile garages pursuant to § 275-20C(3) and at a licensed automobile junkyard.
[Amended 9-2-1993 by Ord. No. 1993-8]
(5)
Any use which includes the manufacture of acid, cement, lime, gypsum, plaster of paris, potash or similar substances.
(6)
Any use which includes the manufacture or storage of volatile chemicals, explosives, fat, bleach, chlorine, asphalt, fertilizer, gas, glue, PCB, asbestos, polyvinyl chloride, or the reduction of garbage, offal or dead animals. Exceptions may be made with the approval of the Municipal Fire Chief of the local Fire Department, or other certified fire officer or official as the alternate, as may be so designated from time to time by the governing body of the Township of Washington.
[Amended 12-13-2016 by Ord. No. 2016-07A]
(7)
Mobile units.
(a)
The use of any mobile home, travel trailer, recreation vehicle, tractor trailer, camper, bus, van or similar mobile unit for residential purposes, including, for the sake of definition, but not limited to, living quarters, sleeping, recreation, cooking or working or storage related thereto, and for the use of business or industrial purposes and storage related thereto.
[Amended 9-2-1993 by Ord. No. 1993-8]
(b)
The storage of any mobile home, tractor trailer, bus or similar large-size mobile unit. A maximum of one travel trailer, recreation vehicle, camper or van may be stored on site, providing the following conditions are met:
(c)
The use of any mobile home, travel trailer, recreation vehicle, tractor trailer, camper, bus, van or similar mobile unit for the sale of goods therefrom while parked for any period of time on a parcel of land. Truck farming, however, shall be permitted in accordance with the zoning district regulations.
(d)
Nothing in this section shall be interpreted to prevent a landowner from using his or her own recreation vehicle, travel trailer or similar vehicle for an occasional vacation, provided that the use is not for any commercial purpose. A maximum of one such vehicle or trailer shall be allowed to be used for this purpose on the property.
[Amended 9-2-1993 by Ord. No. 1993-8]
(8)
The use of any premises or building in a manner that endangers the morals of the municipality.
(9)
Any temporary or permanent obstructions at intersections.
(10)
Any use which involves the reduction or smelting of tin, copper, zinc, iron ores or other metallic ores; steel mills and rolling mills.
(11)
Landfills or other similar waste disposal areas.
(12)
Mobile, temporary or permanent signs of any kind not specifically permitted in the zoning district regulations.
(13)
Cannabis cultivators, delivery services, distributors, manufacturers, retailers or wholesalers.
[Added 6-2-2021 by Ord. No. 2021-07]
§ 275-75 Resource extraction.
Resource extraction activities for commercial purposes as defined in § 275-6 are prohibited in all zoning districts with the following exceptions:
A.
Resource extraction activities associated with agricultural operations; provided, however, that the extracted materials are only used on site and are not sold for profit and further that the resource extraction process complies with any applicable recommended management practices further described in § 275-65, Agricultural operations.
B.
Resource extraction activities associated with a private land owner; provided, however, that the extracted materials are only used on site and are not sold for profit or commercial gain.
§ 275-76 Sight triangles.
Sight triangles with side lengths of 25 feet shall be established at each street intersection and shall extend outward from the tangential intersection of the street right-of-way lines. Within the sight triangle, no fences, walls, landscaping, signs or other obstructions higher than 30 inches shall be permitted.
Sight Triangle Diagram  |
§ 275-77 Signs.
A.
Intent. It is the intent of this section to implement the regulations and provisions of both the existing Chapter 383, Signs, and the New Jersey Pinelands Comprehensive Management Plan. Reference is made to both of these documents for definitions and administrative procedures.
B.
General. It shall be unlawful for any person to erect, repair or alter any sign or other advertising structure without first obtaining a zoning certificate, unless the sign is permitted by Subsection C of this section. An applicant for a sign permit shall adhere to provisions contained herein and in Chapter 383, Signs.
[Amended 9-2-1993 by Ord. No. 1993-8]
C.
Permitted signs. The following signs are permitted in all zoning districts unless otherwise qualified below:
(2)
Official public safety and information signs displaying road names, numbers and safety directions.
(4)
Trespassing signs or signs indicating the private nature of a road, driveway or premises and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.
(5)
Temporary construction signs.
(6)
Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
(7)
Temporary on-site and off-site signs advertising civil, social or political gatherings and activities, provided that the size of any such sign does not exceed four square feet.
(9)
Off-site directional signs are permitted, provided that the sign does not exceed six square feet in area, that the information on the sign includes no more than a directional arrow, the name of the establishment in question and the distance of that establishment to the sign location, and provided further that only one such sign may be erected or maintained on each street, road or highway serving said establishment. For purposes of this section, the definition of "billboard," located in § 275-6, does not include off-site directional signs.
[Added 9-2-1993 by Ord. No. 1993-8]
(10)
Banner and cloth signs. Temporary signs and banners which are attached to or suspended from a building, and which are constructed of cloth or other combustible material, shall be constructed in a prudent manner and shall be securely supported. No more than two cloth or banner signs shall be affixed to a building. No more than two such banners or cloth signs shall be displayed upon any property within the Township of Washington, including those affixed to a building as indicated above. Such signs and banners shall be removed as soon as they are torn or damaged, and not later than 60 days after erection. The maximum size of any banner or cloth sign shall not be more than 20 feet in one dimension nor more than 50 square feet in area. Where such temporary signs or banners are suspended from a canopy or marquee, fence or posts, they shall be constructed and fastened to supports that are capable of withstanding the design loads. The maximum height to the top of the sign or banner shall not exceed 15 feet from ground level. Banners or cloth signs shall not be erected to obstruct visibility or constitute a traffic hazard, nor shall they be located in a sight triangle.
[Added 5-11-1999 by Ord. No. 1999-3]
D.
On-site business or advertising signs. Any business, commercial or professional use in a Pinelands Village Neighborhood Business (PV-NB) or Industrial (PV-I) Zoning District and any roadside stand or agricultural commercial establishment shall be permitted to erect on-site business or advertising signs in compliance with the following conditions and standards:
(1)
No more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment.
(2)
The total area of such signs does not exceed 32 square feet per side with the maximum height to the top of the sign not to exceed 15 feet from ground level.
[Amended 9-2-1993 by Ord. No. 1993-8]
(3)
Signs. If lighted, the sign face may only be illuminated from an exterior source or backlighted from within during business hours. Electrical service or such lights shall be subject to the applicable permits and inspections of the Uniform Construction Code.[1]
[Amended 9-2-1993 by Ord. No. 1993-8]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
E.
Prohibited signs. The following signs are prohibited in all zoning districts:
(2)
Signs, other than safety or warning signs, which are designed or intended to attract attention by sudden, intermittent or rhythmic movement or by physical or lighting change.
(3)
Signs, other than safety or warning signs, which change physical position by any movement or rotation or which give the visual impression of any such movement or rotation.
(4)
Outdoor off-site commercial advertising signs, except for those advertising agricultural commercial establishments and agricultural roadside stands. Off-site outdoor signs advertising agricultural commercial establishments and agricultural roadside stands shall be permitted, provided that:
[Amended 5-4-1989 by Ord. No. 1989-4]
G.
Materials. To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.
§ 275-78 Temporary uses.
A.
Intent. Temporary uses may be established and maintained as provided in this section.
B.
Permitted temporary uses.
(1)
Mobile homes. If a dwelling unit has been damaged or destroyed, and its reconstruction is allowed under this chapter, a mobile home may be used as a temporary residence during the period of reconstruction, providing that the temporary use shall not exceed 12 months. A temporary trailer license shall be secured pursuant to Chapter 442, Trailers, Mobile Homes and Mobile Units, Article II, Mobile Units.
[Amended 9-2-1993 by Ord. No. 1993-8]
(2)
Christmas tree lot sales. Christmas tree lot sales may be permitted if adequate lot size, parking provisions and traffic access exist. Such use shall be limited to a period not to exceed 60 days.
(3)
Contractors' offices. Contractors' offices and equipment sheds containing no sleeping or cooking accommodations shall be permitted when accessory to a construction project. Such use shall be limited to a period of time not to exceed the duration of the project.
(4)
Real estate offices. On-site real estate sales offices containing no sleeping or cooking accommodations shall be permitted when accessory to a new development. Such use shall be limited to a period of time not to exceed the active selling period of homes in the new development.
(5)
Circus. A circus or carnival may be permitted, providing adequate lot size, parking provisions and traffic access exist. Such use shall be limited to a period of time not to exceed three weeks.
(6)
Outdoor sales. Commercial uses may temporarily display goods for sale on the premises outside of the principal structure, providing that such outdoor selling or storage areas shall not exceed the gross floor area of the principal building and adequate parking provisions and traffic access exist. Such outdoor sales shall not be held more often than twice a year for a period of time not to exceed one week for each sale.
§ 275-79 Unsafe conditions.
If the Municipal Construction Official, upon inspection, determines that an unsafe condition exists with respect to building soundness, fence or wall soundness, sign soundness or any other condition adversely affecting the public health, safety or welfare, the official shall notify the property owner of these findings, state supporting reasons and order the condition repaired within a reasonable period of time. In the case of signs and fences, the Municipal Construction Official may order these structures removed within a reasonable period of time.
§ 275-80 Waste management regulations.
[Amended 5-4-1989 by Ord. No. 1989-4; 9-2-1993 by Ord. No. 1993-8; Ord. No. 1997-2]
A.
Intent. It is the intent of this section to prevent degradation of surface water or groundwater quality in the municipality by regulating waste disposal activities.
B.
Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed of or otherwise used in the Pinelands area. The land application of waste or waste-derived materials is prohibited in the Pinelands area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands area in accordance with the standards set forth in N.J.A.C. 7:50-6.
§ 275-81 Yards and lot widths.
A.
All yard areas abutting a public street or right-of-way shall be considered front yards and shall conform to the front yard requirements for the zoning district.
B.
Where a building lot has frontage upon a public street contemplated for right-of-way widening in the Master Plan or Official Map, or by the county or state, the required front yard shall be measured from the proposed future right-of-way line.
C.
No yard or other open space provided about any building for the purpose of complying with this chapter shall be considered as providing a yard or other open space for any other building.
§ 275-81.1 Solar energy system regulations.
[Added 11-5-2018 by Ord. No. 2018-07]
A.
Solar energy systems shall be a permitted use in all zoning districts.
B.
Roof-mounted systems on principal buildings shall not be more than three feet higher than the finished roof to which it is mounted. In no instance shall any part of the system extend beyond the edge of the roof. Ground-mounted system and systems attached to accessory buildings shall not be less than 10 feet from the side and 20 rear property line.
C.
Solar energy systems are prohibited in front yards, and shall not be located past the front wall of the principal building.
E.
Solar energy commercial operations are prohibited as a principal use. These are systems whose main purpose is to generate energy for sale back into the energy grid system, rather than being consumed on-site.
F.
Ground-mounted solar energy systems shall not be categorized as accessory buildings.
G.
If solar energy systems are attached to accessory buildings, the number of accessory buildings allowed shall be regulated in accordance with the provisions set forth in the definition and regulations associated with accessory buildings.
H.
The height of ground-mounted solar energy systems and systems included on accessory buildings shall not exceed 12 feet in height.
I.
Zoning permits and construction permits shall be required for the installation or construction of any solar energy system.
J.
No more than 20% of a lot may be covered with a solar energy system.
K.
Ground-mounted systems shall be located on lots of two or more acres.
L.
Properties on corner lots are deemed to be addressed as two front yards.