A.
It is the intent of this chapter to retain community ties with a
rural, agrarian way of life and to protect and encourage development
of the Township's agricultural base. Furthermore, the Township intends
to implement the Special Agricultural Production Areas made available
by the Pinelands Commission, providing that uses are found to be compatible
with the existing soil and water conditions, and further providing
that the uses are determined to be unique and essential elements of
the Pinelands economy.
B.
To be included in a Special Agricultural Zoning District, a land
area must be predominantly farm qualified under the Farm Assessment
Act,[1] actively used for agricultural purposes or for watershed
protection and primarily comprised of berry agriculture or other horticulture
native to the Pinelands.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
Lands or buildings shall be used for only the following purposes:
A.
Principal uses.
(1)
Single-family detached dwellings, subject to the following requirements:
[Amended 10-5-1989 by Ord. No. 1989-9; Ord. No. 1997-2]
(a)
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
(b)
The individual whose principal residence the dwelling unit will
be has not developed a dwelling unit under this section within the
previous five years;
(c)
The parcel of land on which the dwelling is to be located has
been in the continuous ownership since February 7, 1979, of the person
whose principal residence the dwelling unit will be, a member of that
person's immediate family, or a partnership or corporation in which
members of that person's immediate family collectively own more than
a majority interest in such partnership or corporation; and
(d)
The person whose principal residence the dwelling unit will
be has resided in the Pinelands for at least five years and that person
or one or more members of that person's immediate family has resided
in the Pinelands for a total of at least 20 different years.
(3)
Beekeeping.
(4)
Forestry.
(5)
Fish and wildlife management and wetlands management in accordance
with N.J.A.C. 7:50-6.10.
[Amended 7-10-2012 by Ord. No. 2012-07]
(6)
Pinelands development credits.
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Accessory uses.
(2)
Any accessory use or building reasonably and customarily incidental
to any of the principal uses related to agriculture, including, for
the sake of definition, but not limited to, barns, composting, equipment
sheds, frost protection equipment, irrigation equipment, packing houses,
resource extraction used solely on site and not for commercial operation
or profit, storage areas, water level control structures and well
houses, providing that the accessory use or building does not create
conditions detrimental to the health, safety, morals or general welfare
of the municipality.
C.
Conditional uses.
(2)
Agricultural commercial establishments, subject to the following
conditions and standards:
(a)
The use has no deleterious influence upon surrounding properties
nor upon the surrounding traffic and parking conditions.
(b)
The combination of building area and sales area for the agricultural
commercial establishment shall not exceed 2,500 square feet.
(c)
The principal goods or produce offered for sale were raised
and processed in the Pinelands.
(d)
No more than two signs may be permitted on the premises. Each
sign shall be no more than 20 square feet in area, no more than 15
feet in height and shall be unlighted.
(3)
Single or multifamily migrant labor housing, subject to the following
conditions and standards:
(a)
The migrant labor housing is both an element of and accessory
to an active agricultural operation.
(b)
The housing complies with lot size, lot width, lot coverage
and building setback requirements of this article.
(c)
The migrant labor housing complies with the provisions of the
Seasonal Farm Labor Law, N.J.S.A. 34:9A-1 et seq.
(4)
Residential dwelling units, provided that the dwelling is:
[Added 9-2-1993 by Ord. No. 1993-8]
(a)
Accessory to an active agricultural operation;
(b)
For an operator or employee of the farm who is actively engaged
in and essential to the agricultural operation;
(c)
To be located on a parcel of land of at least 40 acres in size
which is under or qualified for agricultural assessment; and
(d)
To be located on property which has an active production history
or where a farm management plan has been prepared which demonstrates
that the property will be farmed as a unit unto itself or as part
of another farm operation in the area.
A.
Lot size.
[Amended 5-4-1989 by Ord. No. 1989-4]
(1)
Single-family residential uses: 3.2 acres minimum. This lot size
requirement may be reduced to a minimum of one acre, provided that:
[Amended 9-2-1993 by Ord. No. 1993-8]
(a)
The applicant satisfies all of the requirements set forth in § 275-40A(1) of this chapter;
(b)
The lot to be developed exists as of February 8, 1979, or was
created as a result of an approval granted by the Pinelands Development
Review Board or by the Pinelands Commission pursuant to the Interim
Rules and Regulations prior to January 14, 1981;
(c)
The applicant qualifies for and receives from the Township variance from the lot size requirement of 3.2 acres as set forth in Subsection A(1) above.
(d)
The applicant purchases and redeems 0.25 Pinelands development
credit; and
(e)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 275-73A(4) of this chapter.
(2)
Multifamily migrant labor housing uses: 3.2 acres minimum, providing that a larger lot size may be required to satisfy the wastewater quality standards contained or referenced in § 275-96, depending upon the proposed type, size, operating characteristics and estimated usage of the on-site wastewater system.
(3)
Nonresidential uses: 3.2 acres minimum. Notwithstanding the minimum
lot area set forth above, no such minimum lot area for a nonresidential
use within the Special Agricultural Zone (SA) shall be less than that
needed to meet the water quality standards of § 275-94B(4),
whether or not the lot may be served by a centralized sewer treatment
or collection system.
B.
Lot width: 200 feet minimum.
D.
Lot coverage: 20% maximum for all structures or improvements, excluding
landscaping and underground improvements.
Building height. The corresponding conditions and controls of § 275-14 are applicable to this category.
Building projections. The corresponding conditions and controls of § 275-15 are applicable to this category.
No additional landscaping requirements are imposed under this
zoning district.
The corresponding conditions and controls of § 275-17 are applicable to this zoning district.
The corresponding conditions and controls of § 275-18 are applicable to this zoning district.
