Wrightstown, NJ Zoning Ordinance

§ 219-12 General.

No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which it is located and so that all lots have frontage on a street.

§ 219-13 R-1, R-2 and R-3 Single-Family Residential.

Purpose.

(1)

The purpose of the R-1 District, the highest density single-family residential zone in the Borough, is designed in recognition of the existing single-family development on lots approximately 60 feet in width which has occurred along portions of Main Street and along Francis and McGuire Streets.

(2)

The purpose of the R-2 District is designed to recognize the prevailing subdivision pattern. The minimum lot size is 12,000 square feet with a minimum frontage and lot width of 80 feet.

(3)

The purpose of the R-3 District is to provide areas in the Borough for new single-family residential development on lots larger than the older subdivisions which currently exist. The minimum lot size is 15,000 square feet per dwelling for a subdivision.

Principal permitted uses on the land and in buildings.

(1)

Detached dwelling units.

(2)

Public playgrounds, conservation areas, parks and public purpose uses.

(3)

Churches.

Accessory uses permitted.

(1)

Private residential swimming pools (see § 219-43 for standards).

(2)

Private residential tool sheds not to exceed 12 feet in height.

(3)

Off-street parking and private garages (see § 219-35).

(4)

Fences and walls (see § 219-30).

(5)

Home occupations.

Maximum building height. No building shall exceed 30 feet in height and 2.5 stories, except that churches shall not exceed 55 feet and except further as allowed in § 219-47.1.

Area and yard requirements.

Principal Building
Minimum	R-1	R-2	R-3	Churches
Lot area (sq. ft.)	9,000	12,000	15,000	60,000
Lot frontage (feet)	60	80	100	125
Lot width (feet)	60	80	100	125
Lot depth (feet)	150	150	150	150
Side yard, each (feet)	10	10	20	30
Front yard (feet)	30	30	40	40
Rear yard (feet)	40	40	60	50

Accessory Buildings
Minimum	R-1	R-2	R-3	Churches
Distance to side line (feet)	10	10	10	30
Distance to rear line (feet)	10	10	10	30
Distance to other building (feet)	10	15	20	30
Maximum
Building coverage of principal building	20%	20%	20%	20%
Building coverage of accessory building(s)	5%	5%	5%	2%

Gross floor area minimum. The minimum gross floor area of detached dwellings shall not be less than 1,200 square feet.

Minimum off-street parking.

(1)

Two spaces per dwelling unit.

(2)

Churches shall provide one space per every five permanent seats. (One seat shall be considered 22 inches in calculating the capacity of pews or benches.)

(3)

Any use having access only from a collector or arterial street as shown on the adopted Master Plan shall provide a paved turnaround area on the site.

(4)

See Article V for additional standards.

Minimum off-street loading: none required.

Signs (See Chapter 175, Signs).

§ 219-14 Apartment 1 and 2.

Purpose. The purpose of the Apartment 1 and 2 Districts is to provide areas in the Borough recognizing the need for multiple-family housing. The areas are located on the basis of the development capabilities of the land, road access and the neighboring land uses.

Principal permitted uses on the land and in buildings.

(1)

Garden apartments (see § 219-23 for standards).

(2)

Townhouses (see § 219-44 for standards).

(3)

Any development incorporating both garden apartments and townhouses must allow that no more than 65% of all dwelling units are either garden apartments or townhouses.

Accessory uses permitted.

(1)

Playgrounds, conservation areas and parks.

(2)

Private residential swimming pools (see § 219-43 for standards).

Maximum building height. Garden apartments and townhouses shall not exceed 30 feet in height and 2 1/2 stories.

Area and yard requirements.

(1)

The minimum tract size shall be 3 1/2 acres for Apartment 1 and 2. Plans shall indicate apartments and townhouse areas in the Apartment 2 District.

(2)

Minimum yard areas per permitted use.

	APT 1	APT 2
Permitted use	Apartments	Apartments Townhouses
Minimum street frontage (feet)	150	150
Front yards (feet)	40	40
Side yards (feet)	25	25
Rear yards (feet)	50	50

(3)

Land area equal to at least 250 square feet for each dwelling unit shall be specified on the site plan and improved by the developer as active recreation areas for use by the residents of the development. Such areas shall be an integral part of the development and each shall be at least 1/2 acre in size, at least 100 feet wide and have a grade less than 5%. Recreation facilities shall include residential swimming pool(s) and regulation doubles tennis court(s). For developments where a swimming pool or tennis court are not feasible, the Joint Land Use Board may permit other recreational facilities to be constructed in lieu of an as alternatives equivalent of the aforesaid pool and tennis facilities.

(4)

All portions of the tract not utilized by buildings or paved surfaces shall be either left in their natural state if appropriate or landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of conifers and/or deciduous trees native to the area in order to either maintain or reestablish the tone of the vegetation in the area and lessen the visual impact of the structures and paved areas. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.

Gross floor area minimums.

(1)

Garden apartments:

(a)

Efficiency unit: 600 square feet.

(b)

One bedroom unit: 700 square feet.

(c)

Two bedroom unit: 900 square feet.

(2)

Townhouses:

(a)

One bedroom unit: 800 square feet.

(b)

Two bedroom unit: 1,000 square feet.

(c)

Three bedroom unit: 1,200 square feet.

(3)

Each additional bedroom shall require that a minimum of 200 additional square feet be added to the gross floor area of the apartment or townhouse unit.

Density. The maximum gross density of the tract shall be a function of the unit mix as permitted in Subsection B above: The maximum gross density shall be 10 units and 17 bedrooms per acre for all developments containing garden apartments and/or townhouses.

Minimum off-street parking.

(1)

Two spaces for each apartment or townhouse dwelling unit.

(2)

At least the first 30 feet adjacent any street or lot line shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.

(3)

See § 219-35 for additional standards.

Minimum off-street loading: none required.

§ 219-15 Historic Apartment 2 District.

Purpose. The Historic Apartment 2 District acknowledges the number of single-family houses that have been transformed into apartments along the south side of West Main Street between Fort Dix Street and Saylors Pond Road.

Principal permitted uses on the land and buildings.

(1)

Single-family detached, single-family attached (duplex).

(2)

Two-story apartments.

(3)

Churches.

(4)

Professional offices.

(5)

All uses in retail commercial as a conditional use. The conditions include a reuse of an existing structure, improvement of the architectural character of the building, adequate off-street parking; no parking in the front yard, adequate service areas from the rear yard.

(6)

New construction requires aesthetically compatible construction to the historic style of buildings along the block. Materials shall be consistent with the existing historic structures.

Accessory uses permitted.

(1)

Private residential swimming pools (see § 219-43 for standards).

(2)

Private tool sheds not to exceed 12 feet in height.

(3)

Off-street parking (see § 219-35 for standards).

(4)

Private garages limit of four vehicles, not to exceed 15 feet in height.

(5)

Fences and walls (see § 219-30).

Building height. No building shall exceed 30 feet and 2.5 stories, except for churches which shall not exceed 55 feet.

Area and yard requirements.

(1)

The minimum lot size is 5,000 square feet.

(2)

Minimum frontage shall be 40 feet.

(3)

The minimum front yard is five feet, the minimum side yard is five feet, and the minimum rear yard is 20 feet.

(4)

A minimum five-foot planted buffer shall be installed adjacent to any single-family residential homes in the district.

(5)

The building coverage is limited to 20%.

Gross floor area minimums. Garden apartments shall have the following minimum areas.

(1)

Efficiency unit: 600 square feet.

(2)

One bedroom unit: 700 square feet.

(3)

Two bedroom unit: 900 square feet.

(4)

Each additional bedroom shall require that a minimum of 200 additional square feet be added to the gross floor area of the apartment.

Density. The maximum gross density is 10 units per acre.

Minimum off-street parking.

(1)

One and one-half spaces for each dwelling unit.

(2)

Shared parking with neighbors covenants for cross easements is encouraged.

Minimum off-street loading: none required.

§ 219-16 GC General Commercial.

Purpose. The GC Commercial District is located along Railroad Avenue, portions of Fort Dix Street and portions of East Main Street, and provides general commercial services to the community and the public at large.

[Amended 8-23-2023 by Ord. No. 2023-04]

The General Commercial-1 District shall be that part of the GC district located along Railroad Avenue and portions of Fort Dix Street. The General Commercial-2 District shall be that part of the General Commercial District located along Main Street.

[Added 8-23-2023 by Ord. No. 2023-04[1]]

[1]

Editor's Note: This ordinance also renumbered former Subsections B through I as Subsections C through J.

Principal permitted uses on the land and in buildings.

[Amended 4-10-2002 by Ord. No. 2002-3; 8-23-2023 by Ord. No. 2023-04]

(1)

Permitted uses in the GC-1 and GC-2 Districts.

(a)

Retail sales including shopping centers.

(b)

Restaurants, bars, nightclubs.

(c)

Banks including drive-ins.

(d)

Offices and office buildings.

(e)

Theaters and bowling alleys.

(f)

Hotels and motels.

(g)

Car wash.

(2)

Conditional uses.

(a)

Motor vehicle service stations, repair shops in the GC-1 and GC-2 Districts pursuant to § 219-40.

(b)

Motor vehicle sales and trailer sales in the GC-1 and GC-2 Districts.

(c)

Mobile refreshment stands in the GC-1 and GC-2 Districts pursuant to § 219-47.2.

(d)

Cannabis Cultivator and Cannabis Retailer establishments in the GC-2 District only, pursuant to following conditions:

[1]

Such facility shall meet all requirements for licensure, and hold an appropriate Class 1 Cannabis Cultivator and/or Class 5 Cannabis Retailer license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey. The required local cannabis license must also be obtained from the Borough of Wrightstown. All cultivator establishments and retail establishments must adhere to the rules and regulations of N.J.S.A. 24:6I-31 et seq. and N.J.A.C. 17:30-1, et seq.

[2]

The minimum lot area shall be 5,000 square feet.

[3]

The property on which the cannabis facility is located shall not be any closer than 1,000 feet from any public or nonpublic school or preschool or child-care center, alcohol or drug abuse recovery or treatment facility, behavioral health care facility or residential medical detoxification center, as measured in a straight line from the nearest two points of the property lines.

[4]

The structure in which any cultivation facility is located shall not be located within 140 feet of any structure used as a residential at the time of the application for approval, as measured in a straight line from the nearest two points of the structures.

[5]

The structure in which any dispensary facility is located shall not be located within 200 feet of any property line of a property with a residential dwelling at the time of the application for approval, as measured in a straight line from the dispensary facility to the nearest property line; provided that if a dispensary facility is located in a multi-tenant building, the required distance shall be measured from the exterior walls of the lease area of the dispensary facility to the residential property line.

[6]

The property on which the cannabis facility is located shall not be located within 500 feet of the property line of any existing church or house of worship or any existing public park, playground, or other publicly owned recreational facility, as measured in a straight line from the nearest two points of the property lines.

[7]

No facility may permit on-site consumption of cannabis or cannabis products.

[8]

No outside storage of any cannabis, cannabis products or cannabis paraphernalia shall be permitted.

[9]

Off-street parking shall be provided at a ratio of one space for every 100 square feet of gross floor area, with the addition of one parking space for each employee to be present at time of peak staffing.

[10]

Blinking or flashing lights shall be prohibited.

[11]

Signage shall be in full conformance with the signage requirements of this chapter.

[12]

All other provisions that are applicable to the zone district and not in conflict with the foregoing conditional use requirements shall apply; provided, however, that such provisions shall not be applied as conditional use requirements.

Accessory use permitted.

(1)

Off-street parking (see § 219-35).

(2)

Fences and walls (see § 219-30).

(3)

Garages limited to four bays per lot area to house delivery trucks or other commercial vehicles.

Maximum building height. The maximum building height is 35 feet.

Area and yard requirements.

(1)

Principal building minimum:

(a)

Lot area: 20,000 square feet.

(b)

Lot width: 80 feet.

(c)

Lot frontage: 80 feet.

(d)

Lot depth: 125 feet.

(e)

Side yard: 15 feet.

(f)

Front yard: 50 feet.

(g)

Rear yard: 20 feet.

(h)

Building coverage: 25%.

(i)

Impervious coverage amount: 90%.

(j)

Green area: 10%.

(k)

Minimum setback of parking area or traffic aisle from the right-of-way, and side/rear, rear yard: 20 feet.

(l)

Cross easements shall be provided to adjacent lots where possible.

(2)

Accessory building minimum:

(a)

Distance to side line: 15 feet.

(b)

Distance to rear line: 10 feet.

(c)

Distance to other buildings: 15 feet.

Gross floor area minimums. Each building shall have a minimum gross square footage of 1,500 square feet.

General requirements.

(1)

One building may contain more than one use, provided that the total building coverage of the combined uses does not exceed the maximum building coverage specified for this district and, further, that each use occupies a minimum gross floor area of 750 square feet.

(2)

At least the first 20 feet adjacent any street line in the GC District shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.

(3)

Merchandise, products, waste material, trash equipment or other similar objects when not under cover shall be placed so as not to obstruct traffic.

(4)

All buildings shall be compatibly designed whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes which shall not include unpainted or painted cinder block or concrete block walls.

(5)

All areas not utilized for buildings, parking, loading, access aisles and driveways or pedestrian walkways shall be suitably landscaped with shrubs, ground cover, seeding or similar plantings and maintained in good condition.

(6)

A minimum buffer area of 20 feet in width shall be provided along any common property line with a residential district or residential use (see § 219-25).

Minimum off-street parking.

(1)

Retail sales of goods and services, offices and banks: one spaces per 200 square feet of gross floor area or fraction thereof.

(2)

Restaurants, bars, taverns and night clubs: one space for every three seats.

(3)

Theaters: one space for every four seats.

(4)

Bowling alleys: four spaces per bowling lane.

(5)

Automobile sales: 10 spaces for customer convenience separated from vehicular displays and not used by employees.

(6)

Hotels and motels: 1.25 spaces per room.

(7)

Car washes: two off-street spaces for each self-washing area; three access lanes for each mechanized car wash entrance with each lane having a minimum capacity for 12 vehicles; one separate space for each waxing, upholstery cleaning or similar specialized service area; and one space for every two employees. All vehicle entrances shall be from the rear of the building and all parked and waiting vehicles shall be accommodated on the lot. If an applicant cannot meet the parking requirement, the Board may charge a fee to be placed in the Borough parking fund. The fee is $100 for the first missing space and $100 for each additional deficient space as determined by the parking requirements.

(8)

Service stations shall provide at least six spaces for the first lift, wheel alignment pit or similar work area; five additional spaces for a second work area; and an additional three spaces for each additional work area. Such spaces shall be separated from the driveway and general apron area which give access to the gasoline and air pumps and service areas. No designated parking space shall obstruct access to such facilities.

(9)

Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) an exit(s) where feasible to minimize access points to the street.

(10)

See § 219-35 for additional standards.

Minimum off-street loading.

(1)

When possible, each activity shall provide for off-street loading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 feet by 30 feet, and one space shall be provided for every 4,000 square feet of gross floor area or fraction thereof in each building. Should off-street loading and unloading facilities be impracticable due to existing conditions, an alternate method must be specified on the site plan.

(2)

There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, street and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area(s) provided the container in no way interferes with or restricts loading and unloading functions.

(3)

All off-street loading areas shall be lighted (see § 219-35).

§ 219-17 RC Retail Commercial.

Purpose. The RC Retail Commercial District is to provide a central core of retail services for residents.

Principal permitted uses on the land and in the buildings.

(1)

Retail sales of goods and services.

(2)

Restaurants/alcohol package stores.

(3)

Banks, including drive-ins.

(4)

Offices and office buildings.

(5)

Personal service shops.

(6)

Business.

(7)

Schools.

(8)

Clubs or lodges.

Conditional uses permitted.

(1)

Car washes.

(2)

Service stations pursuant to § 219-40.

(3)

Mobile refreshment stands pursuant to § 219-47.2.

[Added 4-10-2002 by Ord. No. 2002-3]

Maximum building height. No building shall exceed 30 feet in height and 2 1/2 stories.

Area and yard requirements.

(1)

Principal building minimums.

(a)

Lot area: 5,000 square feet.

(b)

Lot frontage: 40 feet.

(c)

Lot width: 40 feet.

(d)

Lot depth: 100 feet.

(e)

Side yard: zero feet or five feet.

(f)

Front yard: 10 feet.

(g)

Rear yard: 20 feet.

(2)

Accessory buildings minimum:

(a)

Distance to side line: 15 feet.

(b)

Distance to rear line: 10 feet.

(c)

Distance to other buildings: 10 feet.

(3)

In order to encourage development in the RC District which provides parking, access and architectural continuity even where development occurs piecemeal and with diverse ownership, buildings may be attached and may be built to the interior side line(s) in order to be attached. Attached buildings may include two walls which must be keyed to each other. Where buildings are built to both side lot lines, the site plan shall be accompanied by appropriate legal descriptions, material and plans showing properly located loading spaces and trash receptacles with permitted access across adjacent properties. If structures are not attached, the side yard(s) shall be five feet.

Gross floor area minimums. Each building shall have a minimum gross square footage of 1,500 square feet.

General requirements.

(1)

(2)

At least the first 20 feet adjacent any street line in the RC District shall not be used for parking and shall be planted and maintained in lawn area, ground cover or landscaped with evergreen shrubbery and separated from the parking area by poured concrete or Belgian block curbing.

(3)

Merchandise, products, waste material, trash equipment or other similar objects when not under cover shall be placed so as not to obstruct traffic.

(4)

(5)

(6)

A minimum buffer area of 20 feet in width shall be provided along any common property line with a residential district or residential use (see § 219-25).

Minimum off-street parking.

(1)

Retail sales of goods and services, offices and banks: one spaces per 200 square feet of gross floor area or fraction thereof.

(2)

Restaurants, bars, taverns and night clubs: one space for every three seats.

(3)

Parking areas for individual uses shall be designed to be interconnected with adjacent properties and shall utilize common entrance(s) and exit(s) where feasible to minimize access points to the street.

(4)

See § 219-35 for additional standards.

Minimum off-street loading.

(1)

When possible, each activity shall provide for off-street loading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 15 feet by 30 feet and one space shall be provided for every 4,000 square feet of gross floor area or fraction thereof in each building. Should off-street loading and unloading facilities be impracticable due to existing conditions, an alternate method must be specified on the site plan.

(2)

There shall be at least one trash and garbage pickup location provided by each building which shall be separated from the parking spaces by either a location within the building or in a pickup location outside the building which shall be a steel-like, totally enclosed container located in a manner to be obscured from view from parking areas, street and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, the doorway may serve both the loading and trash/garbage functions and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.

(3)

All off-street loading areas shall be lighted (see § 219-35).

Signs (See Chapter 175, Signs, § 175-8).

§ 219-18 INST/R/C Institutional/ Residential/ Commercial District.

Purpose. The Institutional/Residential/Commercial District is intended to continue its institutional uses and maintain the school and adjacent lands in its current capacity.

Permitted uses on the land and in buildings.

(1)

School.

(2)

Church.

(3)

Public building.

(4)

Public road.

(5)

Recreation.

Accessory uses permitted.

(1)

Off-street parking (see § 219-35).

(2)

Fences and walls.

(3)

Garage specifically for the direct use and benefit of the institution.

Conditional uses.

(1)

A conditional use is defined as a permitted use in a particular zoning district only upon showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in the ordinance.

(a)

Retail commercial pursuant to the RC District.

(b)

Residential as part of a Mixed Use District MUD.

(2)

Conditional use criteria.

(a)

Conditional uses are permitted only when the institution can no longer function and there are no other persons who, after legal notice, can maintain the property in an economically viable condition as an institutional or quasi-public edifice.

(b)

The municipality has no plan for the building.

Maximum building height. Thirty-five feet except for churches which may be 55 feet in height.

Area and yard requirements.

(1)

Principal building minimum:

(a)

Lot area: 20,000 square feet.

(b)

Lot frontage: 60 feet.

(c)

Lot width: 60 feet.

(d)

Lot depth: 125 feet.

(e)

Side yard: 15 feet.

(f)

Front yard: 50 feet.

(g)

Rear yard: 20 feet.

(h)

Building coverage: 25%.

(i)

Impervious coverage amount: 65%.

(2)

Accessory building minimum:

(a)

Distance to side line: 10 feet.

(b)

Distance to rear line: five feet.

(3)

For other general requirements refer to § 219-17.

§ 219-19 Borough lands.

The Borough designation includes two parcels of land owned by the Borough of Wrightstown. The first tract is located along Saylors Pond Road and is the site of the municipal building and Croshaw Park. The second parcel is located at the end of Martha Avenue and contains the Borough's sewage treatment facility, public water facility and public works garage.

Should these lands become available for the private sector, they shall be governed by the rules of the R3 section of this code, unless they continue in their current uses, in which case the properties would be permitted as a preexisting nonconforming use.

§ 219-20 MUD Mixed Use District.

Purpose. The Mixed-Use District is identified by its proximity to Fort Dix and to the Central Business District of Wrightstown. This district permits a combination of commercial, office and residential uses subject to the performance requirements.

[Amended 6-11-2003 by Ord. No. 2003-5; 12-10-2003 by Ord. No. 2003-10]

Permitted uses on the land and in buildings.

[Amended 12-10-2003 by Ord. No. 2003-10]

(1)

Retail uses as permitted in RC.

(2)

Hotel.

(3)

Medical office.

(4)

Professional office.

(5)

Church.

(6)

Single-family residential.

(7)

Senior citizen housing as a conditional use.

(8)

Public buildings.

(9)

Public and private educational and recreational facilities.

Mixed-use ratios. The percentage of land dedicated to nonresidential uses shall not exceed 50% of the total tract. A minimum of 20% of the tract must be in office uses.

[Amended 12-10-2003 by Ord. No. 2003-10]

(1)

Hotel uses shall have a minimum of 200 feet of frontage on Fort Dix Street, a minimum of 100 rooms, and convention space for a minimum of 500 people.

(2)

Senior citizen housing.

(a)

Permitted housing types include condominiums, "for sale" units.

(b)

The density of the development shall not exceed 10 units per acre.

(c)

The minimum tract size shall be three acres with a minimum of 200 feet of frontage on a collector roadway (Argonne Avenue).

(d)

Front setback shall be 35 feet.

(e)

Parking lot setbacks shall be a minimum of 15 feet.

(f)

The maximum building coverage is 25%.

(g)

The maximum impervious coverage is 65%.

(h)

The maximum building height is 35 feet.

(i)

A buffer of 20 feet is required with the setbacks to the street line, side yard and rear yard of the tract.

(j)

The common open space shall be a minimum of 35%.

(k)

The parking standards shall be those of APT 1 District.

(l)

Ten percent of the total number of units within this district shall be established for moderate-income persons. Another 10% shall be available for low-income persons. All affordable units shall comply with N.J.S.A. 52:27D-301 et seq. and the full requirements as established by law and interpreted by COAH, the Council on Affordable Housing.

(m)

The developer of a senior citizen development shall establish a homeowners' association, the documentation for which must be approved by the Joint Land Use Board prior to final approval of the mixed-use overlay area.

[1]

The association shall be responsible for the following services:

[a]

Maintenance of the open space, including the active and passive recreational facilities.

[b]

Lighting.

[c]

Snow removal.

[d]

Garbage and trash removal.

[2]

Services provided by the association shall not be limited to the above-enumerated services.

(3)

All commercial uses shall comply with the RC District requirements.

(4)

All single-family homes shall comply with the R-1 standards except that the minimum lot width shall be 70 feet.

Pineland Area requirements.

[Added 6-11-2003 by Ord. No. 2003-5]

(1)

Applicability; conformance.

(a)

The provisions of this section shall apply only to the Pinelands Area portion of Wrightstown Borough and shall be considered supplemental to the requirements of the balance of this chapter. Lands within the Pinelands Area of Wrightstown Borough shall be subject to all provisions of this chapter. Where a requirement or definition in this section conflicts with other provisions of this chapter, the provisions of this section shall supersede the conflicting provisions of this chapter.

(b)

No development in the Pinelands Area of Wrightstown Borough shall be carried out except in conformance with the provisions of this section and the standards set forth elsewhere in this chapter. No person shall carry out any development within the Pinelands Area without obtaining development approval in accordance with the procedures set forth in this subsection.

(2)

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

APPLICATION FOR DEVELOPMENT

Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in Subsection D(3).

APPROVAL AGENCY

Any board, body or other authority within the Borough with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.

CERTIFICATE OF FILING

A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.

COMMISSION

The Pinelands Commission created pursuant to N.J.S.A. 13:18A-1 et seq.

COMPREHENSIVE MANAGEMENT PLAN

The plan adopted by the Commission pursuant to NJ.S.A. 13:18A-1 et seq.

DEVELOPMENT

The creation, change or enlargement of any use or disturbance of land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including, but not limited to:

(a)

A change in type of use of a structure or land;

(b)

A reconstruction, alteration of the size, or significant change in the external appearance of a structure.

(c)

A material increase in the intensity of use of land, including but not limited to an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

(d)

Commencement of forestry activities, resource extraction, drilling, or excavation on a parcel of land;

(e)

Demolition of a structure or removal of trees;

(f)

Deposit of refuse, solid or liquid waste or fill on a parcel of land;

(g)

In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

(h)

Alteration, either physically or chemically, of a shore, bank or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

DEVELOPMENT APPROVAL

Any approval granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part II, Part III or Part IV.

DEVELOPMENT, MAJOR

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

DEVELOPMENT, MINOR

All development other than major development.

DIVERT or DIVERSION

The taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.

[Added 7-10-2024 by Ord. No. 2024-12]

HYDROLOGIC UNIT CODE-11 or HUC-11

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

[Added 7-10-2024 by Ord. No. 2024-12]

NONCONSUMPTIVE USE

The use of water diverted from surface or ground waters in such a manner that at least 90% of the diverted water is returned to the source surface or ground water at or near the point from which it was taken.

[Added 7-10-2024 by Ord. No. 2024-12]

PINELANDS AREA, WRIGHTSTOWN BOROUGH

That area of Wrightstown Borough designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.).

PUBLIC DEVELOPMENT

Development, including subdivision, by the Borough or any other governmental agency.

SOLAR ENERGY FACILITY

A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.

[Added 12-12-2018 by Ord. No. 2018-09]

(3)

Exempt development.

(a)

Except as provided in Subsection D(3)(b) below, the following shall not be subject to the procedures set forth in this subsection:

[1]

The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto;

[2]

The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;

[3]

The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;

[4]

The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;

[5]

The repair of existing utility distribution lines;

[6]

The clearing of less than 1,500 square feet of land;

[7]

The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:

[Amended 12-12-2018 by Ord. No. 2018-09]

[a]

If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

[b]

If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

[8]

The demolition of any structure that is less than 50 years old;

[9]

The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;

[10]

The repair or replacement of any existing on-site wastewater disposal system;

[11]

The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur;

[Amended 12-12-2018 by Ord. No. 2018-09]

[12]

The clearing of land solely for agricultural or horticultural purposes;

[Amended 12-12-2018 by Ord. No. 2018-09]

[13]

Fences, provided no more than 1,500 square feet of land is to be cleared;

[14]

Aboveground telephone equipment cabinets;

[15]

Tree pruning;

[16]

The following forestry activities:

[a]

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

[b]

Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

[c]

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity, and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and

[d]

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;

[17]

Prescribed burning and the clearing and maintaining of fire breaks; or

[18]

Normal and customary landscape plantings, unless a landscaping plan is required pursuant to Subsection D(13)(b)[4].

[19]

The installation of an accessory solar energy facility on any existing structure or impervious surface.

[Added 12-12-2018 by Ord. No. 2018-09]

[20]

The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.

[Added 12-12-2018 by Ord. No. 2018-09]

[21]

The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

[Added 12-12-2018 by Ord. No. 2018-09]

[22]

The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

[Added 12-12-2018 by Ord. No. 2018-09]

(b)

The exceptions contained in Subsection D(3)(a) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

(c)

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

(4)

Application requirements for minor development. Any application for approval of minor development shall include at least the following information:

(a)

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

(b)

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

(c)

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

(d)

A description of all existing uses of the subject property;

(e)

A brief written statement generally describing the proposed development;

(f)

A United States Geological Survey quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property, the Pinelands management area designation and the zoning designation are shown;

(g)

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

[1]

On-site treatment facilities: location, size, type and capacity of any proposed on-site water treatment facilities; and

[2]

Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in N.J.A.C. 7:50-6.84.

(h)

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

(i)

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

(j)

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

(k)

A certificate of filing from the Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Commission pursuant to the Interim Rules and Regulations; and

(l)

When prior approval for the development has been granted by the approving authority, evidence of Commission review pursuant to Subsection D(7).

(5)

Other application requirements; certificate of filing. All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)(5), as well as the following:

(a)

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and

(b)

When prior approval for the development has been granted by a local approval agency, evidence of Pinelands Commission review pursuant to Subsection D(7).

(6)

Notices to the Pinelands Commission.

[Amended 12-12-2018 by Ord. No. 2018-09]

(a)

Application submission and modifications. Written notification shall be given by the Borough, by email or regular mail, to the Commission within seven days after a determination is made by the Borough that an application for development in the Pinelands Area is complete or if a determination is made by a Borough approval agency that the application has been modified. Said notice shall contain:

[1]

The name and address of the applicant;

[2]

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

[3]

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

[4]

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

[5]

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

[6]

The approval agency with which the application or change thereto was filed;

[7]

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

[8]

The nature of the municipal approval or approvals being sought.

(b)

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

[1]

The name and address of the applicant;

[2]

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

[3]

The date, time and location of the meeting, hearing or other formal proceeding;

[4]

The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;

[5]

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

[6]

The purpose for which the meeting, hearing or other formal proceeding is to be held.

(c)

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

[1]

The name and address of the applicant;

[2]

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

[3]

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

[4]

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

[5]

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

[6]

Any revisions to the application not previously submitted to the Commission; and

[7]

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

(7)

Review by the Pinelands Commission.

(a)

Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection D(6), the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Borough shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.

(b)

Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Commission under the Interim Rules and Regulations shall serve as the basis for Commission review of the local approval under this Subsection.

(c)

Although the Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Commission.

(8)

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

(a)

Notification is received from the Commission that review of the Borough's approval is not required; or

(b)

Review of the Borough's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the Borough from the Commission.

(9)

Effect of Pinelands Commission's decision on Borough's approval. If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days and the agency shall thereafter deny the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

(10)

Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Borough involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

(11)

Public development. All development proposed by the Borough or any agency thereof shall comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in this Subsection.

(12)

Amendments. In amending this chapter or the Borough's Master Plan, the Borough shall comply with all the requirements of N.J.A.C. 7:50-3.45.

(13)

Design standards and management programs. The minimum standards and management programs of this subsection shall be applicable to all development in the Pinelands Area of Wrightstown Borough. These standards shall be deemed supplemental to the standards and requirements applicable to development in the non-Pinelands Area of the Borough. In the case of conflict with other standards in this chapter, the design standards and management programs contained in this subsection shall supersede all other requirements and standards.

(a)

Wetlands. Development shall be prohibited in all wetlands and wetlands transition areas except as provided in NJ.A.C. 7:50-6, Part I. No development shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetlands, as set forth in NJ.A.C. 7:50-6.7.

(b)

Vegetation. All development within the Pinelands Area of Wrightstown Borough shall conform with the following standards with respect to vegetation and landscaping:

[1]

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

[2]

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

[a]

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

[b]

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

[3]

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D(13)(b)[4] below.

[4]

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection D(13)(b)[3] above shall incorporate the following elements:

[a]

The limits of clearing shall be identified;

[b]

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

[c]

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

[d]

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[i]

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[ii]

For limited ornamental purposes around buildings and other structures; or

[iii]

When limited use of other shrubs or tree species is required for proper screening or buffering.

[5]

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

(c)

Fish and wildlife. All development within the Pinelands Area of Wrightstown Borough shall conform with the following standards with respect to fish and wildlife:

[1]

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

[2]

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

(d)

Water quality. All development in the Pinelands Area of Wrightstown Borough shall conform with the following standards with respect to water quality:

[1]

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

[2]

Except as specifically permitted and authorized in this section, no development shall be permitted which degrades surface or ground water quality or which establishes new point sources of pollution.

[3]

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

[4]

Point and nonpoint sources may be developed and operated in the Pinelands Area in accordance with N.J.A.C. 7:50-6.84.

[5]

Surface water runoff, provided that the requirements of Chapter 184, Article I are met.

[Amended 3-22-2023 by Ord. No. 2023-02]

[6]

Prohibited chemicals and materials.

[a]

Use of septic tank cleaners and waste oil is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances in the groundwater or any land.

[b]

All storage facilities for deicing chemicals shall be lined to prevent leaking into soils and shall be covered with an impermeable surface which shields the facility from precipitation.

[c]

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.

[7]

Water management.

[Amended 7-10-2024 by Ord. No. 2024-12]

[a]

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

[b]

A diversion within the Pinelands Area portion of Wrightstown Borough that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection D(13)(d)[7][b][i] and [ii] below, or outside of either basin, shall be prohibited.

[i]

The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

[ii]

The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

[c]

A diversion within the Pinelands Area portion of Wrightstown Borough involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection D(13)(d)[7][b][i] and [ii] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection D(13)(d)[7][d] below.

[d]

Within the Pinelands Area portion of Wrightstown Borough a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection D(13)(d)[7][d][iii] through [vi] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

[i]

When evaluating whether the proposed diversion meets the criteria set forth at Subsection D(13)(d)[7][d][iii] through [vi] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

[ii]

The standards set forth at Subsection D(13)(d)[7][d][iii] through [vi] below shall not apply to:

[A]

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

{1}	Be approximately the same depth as the existing well;
{2}	Divert from the same aquifer as the existing well;
{3}	Have the same or lesser pump capacity as the existing well; and
{4}	Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[B]

Any proposed diversion that is exclusively for agricultural or horticultural use; or

[C]

Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.

[iii]

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Pinelands Town; and Military and Federal Installation Area.

[iv]

A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

[v]

A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

[vi]

An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

(e)

Air quality.

[1]

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

[2]

Applications for residential development involving 50 or more units and any other applications for development involving more than 100 parking spaces shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

(f)

Historic, archaeological and cultural resources.

[1]

All development in the Pinelands Area of Wrightstown Borough shall conform with the standards and requirements for historic, archaeological and cultural resources set forth in N.J.A.C. 7:50-6, Part XV of the Comprehensive Management Plan.

[2]

A cultural resource survey shall accompany all applications for development in the MUD District 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.

(g)

Scenic. All development in the Pinelands Area of Wrightstown Borough shall conform with the requirements of this subsection to ensure that development will take advantage of and enhance the visual character of the Pinelands:

[1]

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground.

[2]

Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses.

[3]

All electric transmission lines shall be located on existing towers or underground to the maximum extent practicable.

[4]

Signs.

[a]

No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical or lighting change shall be permitted in the Pinelands Area of the Borough.

[b]

No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Pinelands Area of the Borough.

[c]

No billboards shall be permitted in the Pinelands Area of the Borough.

(h)

Energy conservation. All development in the Pinelands Area of Wrightstown Borough shall be carried out in a manner which promotes energy conservation. Measures may include southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.

(i)

Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed 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.

§ 219-20.1 Federal installation area.

[Added 6-11-2003 by Ord. No. 2003-5]

Purpose. The federal installation area is located in the Pinelands Area and consists of lands currently occupied by Fort Dix.

Permitted uses:

(1)

Any use associated with the function of the Federal installation may be permitted, provided that:

(a)

Where feasible, development shall be located in that portion of the installation within the Pinelands Protection Area;

(b)

The use shall not require any development, including public service infrastructure in the Preservation Area District or the Forest Area;

(c)

No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78; and

(d)

All development undertaken by the federal government substantially meets the standards of N.J.A.C. 7:50-6 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.

(2)

Any other public purpose use undertaken by or on behalf of another level of government, provided that:

(a)

The use is sanctioned by the installation;

(b)

The use is located within a substantially developed area which is served by a centralized sewer treatment and collection system;

(c)

No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78; and

(d)

All development meets the standards of N.J.A.C. 7:50-6 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.

§ 219-21 OC/R Office Campus/Retail District.

[Amended 12-10-2003 by Ord. No. 2003-10]

The OC/R District is located on Saylors Pond Road, adjacent to the borough complex and the Springfield Township border. The purpose of the OC/R District is to provide opportunities for office/business and retail uses in a campus setting.

Principal permitted uses of the land and in buildings.

(1)

Corporate or headquarters office buildings.

(2)

Scientific research industrial research, testing laboratories.

(3)

Light nonnuisance manufacturing, such as jewelry, optical goods and equipment; medical, dental or engineering equipment laboratory; electronics; precision instruments, computer or appliance assembly; small-scale stamping or extruding process.

(4)

Pharmaceutical products, manufacturing or distribution.

(5)

Retail sales, drugstores, theaters, grocery, restaurants and retail sales exclusive of automotive or truck sales and receiving.

(6)

Manufacturing, storage and distribution of unit concrete products.

Conditional uses.

(1)

Uses permitted.

(a)

Manufacturing of biological products for diagnostic and industrial controls, provided that each use conforms with all regulations as stipulated by NJDEP or other regulations as established by Wrightstown Borough regarding pretreatment of any wastes and prohibition of any toxic products or byproducts.

(b)

Distribution centers based on food services such as bakeries, catering establishments and food preparation services.

(c)

Warehousing.

(d)

Contractors and contract supply yards.

(e)

Aircraft parts manufacturing.

(f)

Truck parts manufacturing or equipment repair.

(g)

Electrical appliances, equipment and supplies - manufacturing and/or repair.

(h)

Food products storage or sales, except for the slaughtering of animals.

(i)

Sporting and/or athletic equipment manufacturing.

(j)

Toy manufacturing.

(k)

Trucking and distribution.

(2)

The conditions for the above shall comply with § 219-40 and the yard and area requirements of this section:

(a)

No motor vehicles shall be visible from the street frontage except for customer parking.

(b)

A minimum of 20 feet shall be established as a parking setback from the right-of-way line. This area shall be landscaped.

(c)

Any new bay doors shall be located on the side of the building unless waived.

(d)

Outside storage of vehicles shall be limited to the rear of the building and. completely screened from view via opaque fencing and landscaping.

Area yard requirements.

(1)

Principal buildings.

(a)

Lot area: one acre.

(b)

Minimum lot frontage: 200 feet.

(c)

Lot width: 200 feet.

(d)

Lot depth: 200 feet.

(e)

Side yard: 25 feet each.

(f)

Front yard: 100 feet.

(g)

Rear yard: 50 feet.

(2)

Accessory buildings.

(a)

Distance to side line: 25 feet.

(b)

Distance to rear line: 25 feet.

(c)

Distance to other buildings: 30 feet.

General requirements.

(1)

Building coverage: 25%.

(2)

Building height: 35 feet.

(3)

Front yard setback: 25 feet to parking area.

(4)

Buffer to residential or municipal use: fifty-foot setbacks; twenty-five-foot buffer.

(5)

Architectural elevation shall consist of 25% decorative masonry and 25% glass, or a combination of the front facade of each unit.

Environmental conditions.

(1)

Noise control. Noise control pursuant to § 219-36H, Noise.

(2)

Odor. No emission of odorous gases or other odorous matters in such quantity as to be offensive at the lot lines or beyond shall be permitted. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail.

(3)

Glare or heat. Any operation producing intense glare or heat shall be performed within a completely enclosed building so that no operation will produce heat or glare beyond the property line of the lot on which the operation is located.

(4)

Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point on or beyond any lot line on which the use is located.

(5)

Smoke. The emittance of smoke shall not exceed the limits established in the Smoke Control Code of New Jersey (1953).

(6)

Toxic, radioactive or noxious matter. No use shall for any period of time discharge any toxic or noxious matter in which concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

(7)

Dust or dirt. No emission which can cause any detrimental effects to human beings, animals or vegetation or property, or which can cause any excessive soiling at any point, and in no event any emission from any chimney or otherwise of any solid or liquid particles in concentration exceeding 0.3 grain per cubic foot of the conveying gas or air at any point, shall be permitted. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500°F. and 50% excess air.

(8)

Fire and safety. Outdoor storage of incombustible to moderate-burning materials shall be permitted freely, provided that such outdoor storage conforms with the other requirements in this chapter. Free or active burning to intense burning materials shall be enclosed within combustible walls and shall be set back at least 40 feet from any lot line or shall be protected with automatic sprinklers. Materials or products which produce flammable or explosive vapors under ordinary weather temperatures shall be prohibited.

(9)

Liquid or solid wastes. No discharge at any point into any sewage disposal system or stream or into the ground of any materials in any such way or of such nature or temperature as can contaminate any water supply or disposal system or otherwise cause the emission of dangerous or objectionable elements shall be permitted except in accordance with the standards approved by the Department of Health of the Borough of Wrightstown, State Department of Health and the New Jersey Department of Environmental Protection, or, in the event that such standards as may be required for controls are not included in such departments, then standards equivalent to those shall apply. No accumulation of solid waste conducive to the breeding of rodents or insects shall be permitted, and no materials or waste shall be deposited upon any lot in such form or manner as may be transferred off of that lot by natural causes or forces.

(10)

Electromagnetic interferences. No activities shall be permitted (except domestic household appliance use) which adversely affects the operation at any point of any equipment other than that of the creator of such disturbance.

(11)

Conformity with standards required. Each application for a zoning permit (as required by this chapter) in the OC/R Office Campus District shall contain written guarantees by competent technical experts that the standards required by this chapter will be met by the proposed industrial use. If, at any time, the industrial use fall q below the standards set forth, the use of said premises in a manner which does not meet or conform to said standards is hereby prohibited and declared to be a nuisance subject to abatement in any manner provided by law.

§ 219-21.1 R/O Residential/Office District.

[Added 4-12-2000 by Ord. No. 2000-3]

Purpose. The purpose of the R/O Zone is designed to create a zone for previously unzoned properties in order to maintain the land uses in existence and to promote future development.

Residential/Office District location. The R/O Residential/Office District is located along the Pemberton Township line on Juliustown/Browns Mills Road.

Permitted uses in the district:

(1)

Residential.

(2)

Farming.

(3)

Accessory uses related to farming, including:

(a)

Farm stands.

(b)

Tree farms.

Accessory uses.

(1)

Off-street parking. (See § 219-35.)

(2)

Fences and walls. (See § 219-30.)

(3)

Garages limited to four bays to house any delivery or other trucks.

Conditional uses.

(1)

Landscape retail sales.

(a)

Minimum size lot: five acres.

(b)

Buffer to adjacent residential should be 100 feet.

(c)

Maximum building coverage: 10%.

(d)

Maximum impervious coverage: 40%.

(e)

Site plan submission required.

(2)

General offices, including medical offices.

(a)

Minimum tract size of two acres.

(b)

Buffer to adjacent residential: 100 feet.

(c)

Maximum building coverage: 25%.

(d)

Maximum impervious coverage: 50%.

(e)

Site plan submission required.

Maximum building height. The maximum building height is 35 feet.

Area and yard requirements.

Requirement	With Sewer	With Septic
Lot area	20,000 sq. ft.	1 acre
Lot width	80 ft.	150 ft.
Lot frontage	80 ft.	150 ft.
Lot depth, minimum	125 ft.	200 ft.
Side yard	15 ft.	30 ft.
Front yard	50 ft.	50 ft.
Rear yard	20 ft.	50 ft.
Building coverage	25%	20%
Impervious coverage	45%	45%
Green Area	55%	55%
Minimum setback for any parking	20 ft.	20 ft.

Accessory building minimum.

(1)

Distance to side line: 15 feet.

(2)

Distance to rear line: 10 feet.

(3)

Distance to other buildings: 15 feet.

Minimum parking.

Signage. (See sign ordinance.[1])

[1]

Editor's Note: See Ch. 175, Signs.

A landscape buffer shall be required as per §§ 219-25 and 219-34A.

Wrightstown City Zoning Code

ARTICLE IV

§ 219-12 General.

§ 219-13 R-1, R-2 and R-3 Single-Family Residential.

§ 219-14 Apartment 1 and 2.

§ 219-15 Historic Apartment 2 District.

§ 219-16 GC General Commercial.

§ 219-17 RC Retail Commercial.

§ 219-18 INST/R/C Institutional/ Residential/ Commercial District.

§ 219-19 Borough lands.

§ 219-20 MUD Mixed Use District.

§ 219-20.1 Federal installation area.

§ 219-21 OC/R Office Campus/Retail District.

§ 219-21.1 R/O Residential/Office District.