Waterford City Zoning Code
ARTICLE IV
Pinelands Development Credit Program and Municipal Density Transfer Program
§ 176-15 Pinelands Development Credit Program.
A.
Credits established.
(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 this section, every parcel of land in the Preservation District or Agricultural District shall have a use right known as "Pinelands development credit" (PDC) that can be used to secure a density bonus for lands located in the regional growth area. Pinelands development credits may also be allocated to certain properties in the Township by the Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(2)
PDCs are hereby established at the following ratios:
(a)
In the Preservation District, including those areas designated pursuant to N.J.A.C. 7:50-5.22(b)7:
[1]
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two PDCs per 39 acres;
[2]
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero PDCs per 39 acres;
[3]
Other uplands: one PDC per 39 acres; and
[4]
Wetlands: 0.02 PDC per 39 acres.
(b)
In the Agricultural District:
[1]
Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two PDCs per 39 acres;
[2]
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero PDCs per 39 acres;
[3]
Other uplands and areas of active berry agricultural bogs and fields: two PDCs per 39 acres;
[4]
Wetlands in active field agricultural use currently and as of February 7, 1979: two PDCs per 39 acres; and
[5]
Other wetlands: 0.02 PDC per 39 acres.
(c)
[1]
Any parcel of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive PDC 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 PDC entitlement.
[2]
The PDC entitlement of a parcel of land shall be reduced by 0.25 PDC for each existing dwelling unit on the property.
[3]
The PDC entitlement for a parcel of land shall be reduced by 0.25 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to § 176-15B(2) below.
(d)
If the allocations established in Subsection A(2)(a) and (b) above are less than 0.25 PDC, the allocation shall be increased to 0.25 of a PDC if the owner of record of 0.1 or greater acres of land in the Preservation or Agricultural Production District, as of February 7, 1979, owns a vacant parcel of land that was not in common ownership with any contiguous land on or after February 7, 1979, and the parcel has not been sold or transferred except to a member of the owner's immediate family.
(e)
The provisions of Subsection A(2)(d) above shall also apply to owners of record of less than 0.1 acre of land in the Preservation and Agricultural Districts as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which PDCs are allocated pursuant to Subsection A(1) and (2)(a) through (d) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.1 of an acre.
B.
Limitations on use of Pinelands development credits.
(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 PDC 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 § 176-15E(2)(a) and (b), by a recorded deed restriction which is in favor of a public agency or not-for-profit organization and specifically and expressly enforceable by the Commission.
(2)
Notwithstanding the provision of Subsection B(1) above, an owner of a parcel from which PDCs are sold may retain a right for residential development on that parcel, provided that the recorded deed restriction expressly provided for same and that the total allocation of PDCs for that property is reduced by 0.25 PDC 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.
(3)
The bonus density of a parcel of land on which PDCs are used shall not exceed the upper limits of the density range of the zone in which the parcel is located.
C.
Pinelands development credit bonus multipliers. PDCs which are used for securing a density bonus for parcels of land located in a regional growth area shall yield a bonus of four dwelling units per credit.
D.
Aggregation of Pinelands development credits. PDCs may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth area, provided that the density does not exceed the limits of the density range specified in the municipal district in which the parcel is located.
E.
Deed restriction to be recorded.
(1)
No conveyance, sale or transfer of PDCs shall occur until the municipality with jurisdiction over the parcel of land from which the PDCs were obtained, the agency or organization to which the restriction is in favor, and the 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 PDCs sold and that the property may only be used in perpetuity for the following uses:
[Amended 9-12-2012 by Ord. No. 2012-15; 6-13-2018 by Ord. No. 2018-13]
(a)
In the Preservation District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife 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 impermeable surfaces; and accessory uses.
(b)
In the Agricultural District: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recereational 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; fish and wildlife management; agricultural sales establishments, excluding supermarkets, restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses.
(3)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 176-14G(1) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
F.
Use of credits. PDCs shall be used in the following manner:
(1)
To permit development of parcels of land in the R1, R2, R3, R4 and OC Zones according to the density and lot area requirements set forth in Article XI.
(2)
When a variance of density or minimum lot area requirements for the R1, R2, R3, R4 and OC or PV Zones is granted, PDCs shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance. 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, PDCs shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.
(3)
When a variance or other approval for a nonresidential use not otherwise permitted in the R1, R2, R3 or R4 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 that authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
(4)
When a variance or other approval for a residential use in the NB, PHB, TC or PI Zones, excluding Block 252, Lots 1 and 26, 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.
(6)
When a waiver of strict compliance is granted by the Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
§ 176-16 Density transfer program.
A.
Forest area. Residential dwelling units on lots of one acre existing as of January 14, 1981, shall be permitted in those RC Districts located along the Mullica River and in the vicinity of Beaver Dam Lake, 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 37.6 acres.
(2)
All lands acquired pursuant to § 176-16A(1) above, which may or may not be developable, must be located in the above mentioned RC Districts.
(3)
All noncontiguous lands acquired pursuant to § 176-16A(1) and (2) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 9-12-2012 by Ord. No. 2012-15]
(a)
The deed of restriction shall permit the parcel to be managed for:
[1]
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;
[2]
Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:
[a]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(3)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(3)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection A(3)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Camden County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(b)
The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction 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 shall be included on one tax bill.
(5)
The lot proposed for development otherwise meets the minimum design and performance standards of this chapter.
B.
Rural development area. Residential dwelling units on lots of one acre existing as of January 14, 1981, shall be permitted in the RR District, 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 5.7 acres.
(2)
All lands acquired pursuant to § 176-16B(1), which may or may not be developable, must be located within the RR District or the RPF District or consist of the following: Block 120, Lot 5; Block 123, Lot 2 and 3; and Block 125, a portion of Lot 1 South of Hays Mill Branch, Lot 16, 17, 18, 19, 20, 21, 22, 90, 38, 39, 40, 42, 43, 44, 45 and 46.
[Amended 10-23-2013 by Ord. No. 2013-13]