Township of Plumsted, NJ
Ocean County
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Table of Contents
Table of Contents
[Ord. #83A, § 1.01, AI; Ord. #92-13; Ord. #95-17, § 1]
It is the intent and purpose of this Ordinance:
a. 
To encourage municipal action to guide the appropriate use of development of all lands in this state, in a manner which will promote the public health, safety, morals, and general welfare;
b. 
To secure safety from fire, flood, panic and other natural and man-made disasters;
c. 
To provide adequate light, air and open space;
d. 
To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole;
e. 
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
f. 
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g. 
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
h. 
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
i. 
To promote a desirable visual environment through creative development techniques and good civic design and arrangement;
j. 
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land;
k. 
To encourage planned unit developments which incorporate the best features of design and relate the type, design and layout of residential, commercial, industrial and recreational development to the particular site;
l. 
To encourage senior citizen community housing construction;
m. 
To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
n. 
To promote utilization of renewable energy resources; and
o. 
To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.
p. 
To encourage development that protects and maintains the rural characteristics of the community.
q. 
To encourage alternative planning and zoning techniques that minimize environmental disturbance and protect open space and agricultural lands.
r. 
To encourage the preservation of farmland and promote and preserve the agriculture industry of the Township.
This chapter was amended to comply with Chapter 291 of the Laws of N.J. 1975 and all subsequent amendments thereto. Any section, paragraph or provision of this chapter in conflict with this law shall be deemed repealed and the statute will control.
[Ord. #83A, § 2.01, AII; Ord. #87A; Ord. #92-13; Ord. #95-17, § 3; Ord. #19-99, § 1; Ord. #2016-16]
For the purpose of this chapter, the non-Pinelands Area of the Township of Plumsted is hereby divided into the following zoning districts:
RA-5
Rural Agricultural
RA-3
Rural Agricultural
RA-2
Rural Agricultural
R-40
Rural Residential
R-10
Residential
MHP
Mobile Home Park
C-2
Commercial
C-3
Commercial
C-4
Downtown Commercial
C-5
Commercial Zone
LI
Light Industrial
FP
Farmland Preservation
ROS
Recreation Open Space
[Ord. No. 2016-13 § 1; Ord. No. 2016-13 § 2; Ord. No. 2016-13 § 3; Ord. No. 2016-17 § 1; Ord. No. 2016-17 § 2; Ord. #83A, § 2.02; Ord. 5/12/80, § 2; Ord. #92-13; Ord. #95-17, § 4; Ord. #96-15, § 1; Ord. #97-04, § 1; Ord. #97-20, § 1; Ord. #97-26, § 1; Ord. #98-03, § 1; Ord. #99-08, § 1; Ord. #19-99, § 2; Ord. #22-99, § 1; Ord. #01-06, § 1; Ord. #2001-08, § 1; Ord. #2002-08, § 1; Ord. #2003-09, § 1; Ord. #2004-03, § 1; Ord. #2004-05, § 2; Ord. #2005-15, § 2; Ord. #2006-17, § 1; Ord. #2007-20, § 1; Ord. #2008-21 § 1; Ord. No. 2016-13 §§ 1-3; Ord. No. 2016-17 § 1, 2]
The boundaries of all zoning districts set forth in this chapter are designated on a map entitled "Zoning Map, Plumsted Township, Ocean County, New Jersey," prepared by John D. Maczuga, P.P., A.I.C.P., bearing an original adoption date of August 4, 1999, and last revised June 2003, which is hereby made part of this chapter. The zoning map and amendments thereto are on file in the office of the Township clerk.
a. 
Zoning Map Amendments.
1. 
Pursuant to the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A et seq.) the official zone map shall indicate the adoption of the "New Egypt Redevelopment Plan (Amendment #1, Ordinance No. 2005-15)" dated July, 2005 and overlay zone therein.
2. 
Pursuant to Ordinance No. 2016-13.
(a) 
The "Zoning Map" of the Township of Plumsted is hereby amended to expand the C-4 Zone to include:
Block
Lot
10
2, 3, 4, 5, 6 and 7
13
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 38
(b) 
The "Zoning Map" of the Township of Plumsted is hereby amended to create a new C-5 Commercial Zone to include:
Block
Lot
43
21, 23, 24, 64
43.01
75, 76
44
23.01, 24.01, 25
46
1, 6.02, 6.03, 7, 8, 9, 10, 11, 12, 13, 14.01, 15.01 p/o 16, 17
58
1, 2,15,16,17,18,19,20
59
6.03
(c) 
The "Zoning Map' of the Township of Plumsted is hereby amended to expand the RA-5 Zone to include:
Block
Lot
46
p/o 16
3. 
Pursuant to Ordinance No. 2016-17:
(a) 
The "Zoning Map" of the Township of Plumsted was amended to expand the C-4 Zone to include the North Side of Lakewood Road (Block 10, Lots 2, 3, 4, 5, 6 and 7). However, the South Side of Lakewood Road was inadvertently not included in the zone change;
(b) 
The "Zoning Map" is hereby further amended to include the South Side of Lakewood Road (Block 10, Lots 24.01; 24.02; 25; 26; 27; 28; 29; 30; 31; 32.01; 32.02; 33; 34; 35; 36; 67; 69; and 70.)
[Ord. #83A, § 2.03]
In the creation by this chapter of the respective zoning districts, careful consideration was given to the suitability of each zone for the particular regulations applied thereto, and the necessary, proper and comprehensive grouping and arrangements of the various uses and densities of population in accordance with the Township master plan.
[Ord. #83A, § 2.04; Ord. 7/10/78, § I; Ord. #87A; Ord. #12-86, § 1; Ord. #8-87, § 1; Ord. #3-87, § 1; Ord. 5/11/87; Ord. 7/14/86; Ord. #92-13; Ord. #95-17, § 5]
Where uncertainty exists as to the boundaries as shown on the official zoning map, the following rules shall apply:
a. 
Zone boundary lines are intended to follow the center lines of streets, railroad rights-of-way, streams and lot or property lines as they exist on the 1995 Township of Plumsted Tax Maps, unless such zone boundary lines are fixed by dimensions.
b. 
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
c. 
In subdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions shown on the map, shall be determined by the use of the scale appearing on the zoning map.
d. 
Where a question arises as to the exact location of a zone boundary line, the board of adjustments shall make the final determination in accordance with such rules and regulations as it may hereafter adopt.
[Ord. #96-13, § I]
a. 
Notice of the hearing on an amendment to the zoning ordinance proposing a change to the classification or boundaries of a zoning district, exclusive of classification or boundary changes recommended in a periodic general reexamination of the master plan by the planning board pursuant to section 76 of P.L. 1975, c. 291 (C.40:55D-89), shall be given prior to adoption in accordance with the provisions of N.J.S.A. 40:55D-63. Such notice shall be given at least ten days prior to the hearing by the municipal clerk to the owners of all real property as shown on the current tax duplicates, located, in the case of a classification change, within the district and within the state within 200 feet in all directions of the boundaries of the district, and located, in the case of a boundary change, the state within 200 feet in all directions of the proposed new boundaries of the district which is the subject of the hearing.
A notice pursuant to this section shall state the date, time and place of the hearing, the nature of the matter to be considered and an identification of the affected zoning district and proposed boundary changes, if any, by street names, common names or other identifiable landmarks, and by reference to lot and block numbers as shown on the current tax duplicate in the municipal tax assessor's office.
Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified mail and regular mail to the property owner at his address as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within two hundred (200) feet of the boundaries of the district which is the subject of the hearing, may be made in the same manner as to a corporation, in addition to notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
The municipal clerk shall execute affidavits of proof of service of the notices required by this section and shall keep the affidavits on file along with the proof of publication of the notice of the required public hearing on the proposed zoning ordinance change. Costs of the notice provisions shall be the responsibility of the proponent of the amendment.
b. 
A protest against any proposed amendment or revision of a zoning ordinance may be filed with the municipal clerk, signed by the owners of 20% or more of the area either (1) of the lots or land included in such proposed change, or (2) of the lots or land extending 200 feet in all directions therefrom, inclusive of street space, whether within or without the municipality. Such amendment or revision shall not become effective following the filing of such protest except by the favorable vote of two-thirds of all the members of the governing body of the municipality.
[Ord. #83A]
The schedule of regulations entitled "Schedule of Area, Yard and Building Requirements," attached hereto and made a part hereof, applying to the use of land and buildings, the yard and other open spaces to be provided contiguous thereto, and all other matters contained therein, as indicated for the various zones established by this chapter, is hereby declared to be a part of this chapter.[1]
The regulations listed for each zone as designated reading from left to right across the schedule, are hereby described for such zones, subject to the other provisions in the chapter and shall be deemed to be the minimum requirements in every instance of their applications, unless otherwise stated.
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
[Ord. #95-17, § 11; Ord. 1995-21, § 2; Ord. #2001-08, §§ 2—4; Ord. #2002-11, § 1; Ord. #2007-01, § II]
a. 
Purpose.
1. 
To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;
2. 
To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for residential development;
3. 
To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of development on steep slopes;
4. 
To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences.
5. 
To implement adopted municipal policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the municipality's Conservation Element to the Plumsted Township Master Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;
6. 
To implement adopted land use, transportation, and community policies, as identified in the municipality's Master Plan;
7. 
To protect areas of the municipality with productive agricultural soils for continued or future agricultural use, by conserving blocks of land large enough to allow for efficient farm operations;
8. 
To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity.
9. 
To provide for the conservation and maintenance of open land within the municipality to achieve the above-mentioned goals and for active or passive recreational use by residents;
10. 
To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands, floodplain, and steep slopes) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls);
11. 
To provide standards reflecting the varying circumstances and interests of individual landowners, and the individual characteristics of their properties; and
12. 
To conserve scenic views and elements of the municipality's rural character, and to minimize perceived density, by minimizing views of new development from existing roads.
b. 
Conservation Design. In order to achieve these purposes, this zone provides for flexibility in designing new development in the RA-5 Rural Agricultural District by allowing two forms of "by-right" development referred to as "options," as summarized below:
1. 
Option One: Neutral Density and Basic Conservation, providing for residential uses at the density permitted by the underlying RA-5 zoning district. Greenway lands shall comprise at least half the tract. The flexibly-designed layouts work well with either individual wells and septic systems located on the property or in the common open space.
2. 
Option Two: Country Properties, providing for very low densities appropriate to rural situations, with flexible and reduced design standards in instances where a permanent deed restriction is offered to maintain such uses.
Option 1
Neutral Density/Basic Conservation
Option 2
Country Properties or Farmette
Density
5 acres/du
10 acres/du
Lot Size Maximum with
Minimum Lot Width
3.5 acres
300 feet
NA
300 feet
Lot Size Average with
Minimum Lot Width
2.5 acres
250 feet
10 acres
300 feet
Lot Size Minimum with
Minimum Lot Width
1 acre
100 feet
6 acres
300 feet
Minimum Open Space
50%
No Common Open Space, but Deed Restriction to ensure no further subdivision of the site
3. 
Applicability.
(a) 
Tracts of 20 acres or greater must choose one of the two Conservation Design options for subdivisions.
(b) 
On tracts smaller than 20 acres, while the underlying zoning applies, the Conservation Options are strongly encouraged to preserve Primary and Secondary Conservation Areas, and to place conservation easements on lots.
4. 
Development Densities, Dimensional Standards, and Required Greenway Land Standards for Option 1: Neutral Density and Basic Conservation.
(a) 
Density: As determined through the yield plan described in Subsection 5(b) below.
(b) 
Minimum Required Greenway Land: The subdivision must include at least 50 percent of the gross tract area as greenway land. Greenway land shall not be counted toward minimum lot size nor used in any way for residential lots.
(c) 
Minimum lot area: one acre.
(d) 
Minimum lot width at building setback: 100 feet.
(e) 
Minimum street frontage: 45 feet.
(f) 
Yard regulations: The builder or developer is urged to consider variations in the principal building position and orientation, but shall observe the following minimum standards:
(1) 
Front setback: 60 feet; 80 feet on major street.
(2) 
Rear setback: 40 feet.
(3) 
Side setback: 20 feet for each side.
(g) 
Maximum total impervious coverage: 25 percent limit on each lot.
(h) 
Maximum height regulations: 35 feet, or 2 1/2 stories.
(i) 
Permitted uses: Detached single family dwellings.
(j) 
Accessory Uses and Buildings.
(1) 
Private garage, tool shed.
(2) 
Professional offices in residence as defined herein.
(3) 
Home occupation as defined herein.
(4) 
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are produced on the same parcel as the principal use.
(5) 
Roadside stands in connection with a farm operation, for the purpose of display and sale of farm products.
(k) 
Conditional Uses.
(1) 
(Reserved)
(2) 
Churches and other places of worship, subject to the requirements of § 15-6.
(3) 
Communications Towers.
(i) 
Communication towers are permitted within the RA-5 Zone as a conditional use contingent upon compliance with the following criteria:
[a] 
Minimum lot size: five acres
[b] 
Minimum lot width: 300 feet
[c] 
Minimum lot depth: 300 feet
[d] 
Minimum yard setback:
Front: 200 feet, or 100 percent of the highest point of the tower, including all attached appurtenances; whichever is greater.
Side: 100 percent of the highest point of the tower, including all attached appurtenances.
Rear: 150 feet or 100 percent of the highest point of the tower, including all attached appurtenances; whichever is greater.
[e] 
Accessory buildings are permitted, if less than 500 square feet, and 15 feet in height, however, accessory buildings are permitted only if the buildings are constructed for the sole and exclusive use of the operation of the communication tower, and they are buffered and screened from view to such an extent that they are not visible from the roadway or the adjacent property lines.
[f] 
Communication towers are considered a primary use and cannot be erected in conjunction with any other nonagricultural primary building or structure on the property.
[g] 
Installation of any tower, pole, or communication device in excess of 35 feet requires site plan approval.
[h] 
To the greatest extent possible, all construction on the lot should be located in such a manner as to permit the maximum distance, as well as the maximum buffer and screening to adjacent residential uses.
(ii) 
No signage or other methods of providing messages or commercial statements may be attached, suspended or otherwise a part of the antenna or tower structure.
5. 
Density Determination for Option 1: Yield Plan Approach. Determination of density, or maximum number of permitted dwelling units, shall be based upon a Yield Plan. Yield Plans shall meet the following requirements:
(a) 
Yield Plans must be prepared as conceptual layout plans in accordance with the standards of the Land Subdivision Ordinance, containing proposed lots, streets, rights-of-way, and other pertinent features. It must be drawn to scale and drawn on a sealed survey prepared by a licensed New Jersey land surveyor. It must be a realistic layout reflecting a development pattern that could actually be built, after delineating and accounting for presence of wetlands, floodplains, steep slopes, existing easements or encumbrances and, if unsewered, the suitability of soils for subsurface sewage disposal. The Yield Plan must accommodate lots with one acre of upland and buildable land.
(b) 
The following dimensional standards shall be used in the development of Yield Plans for Option 1 subdivisions.
Standard: Option 1
Minimum lot area: 217,800 sf. (5 acres)
Minimum lot width: 300 feet
Front yard setback: 80 feet; 100 feet on a major road
Rear yard setback: 50 feet
Side yard setback: 50 feet
The Yield Plan must identify the sites primary and secondary resources, as identified in the Existing Resources/Site Analysis Plan (required in the Land Subdivision Ordinance), and demonstrate that the primary resources could be successfully absorbed in the development process without disturbance, by allocating this area to proposed single family dwelling lots which conform to the density factor of the chosen option.
(c) 
Design Standards for Option 1.
(1) 
Building lots shall not encroach upon Primary and Secondary Conservation Areas as defined in Chapter 15;
(2) 
All new dwellings shall meet the following setback requirements:
(i) 
From all major road ROW — 80 feet; 60 feet on local roads
(ii) 
From all other tract boundaries — 50 feet
(iii) 
From cropland or pastureland — 100 feet
(iv) 
From permanently preserved farmland — 300 feet
(v) 
From buildings or barnyards housing livestock — 300 feet
(vi) 
From active recreation areas such as courts or playing fields — 150 feet
(3) 
Views of buildings from exterior roads and abutting properties shall be minimized by the use of changes in topography, existing vegetation, or additional landscaping which meets the landscaping requirements of the Land Subdivision Ordinance.
(4) 
Buildings shall generally be accessed from interior streets, rather than from roads bordering the tract.
(5) 
At least three-fourths of the dwellings shall directly abut greenway land, either by having rear or side yards abut the greenway land, or by having it directly across a street.
(6) 
Standards pertaining to the ownership and maintenance of the greenway land.
6. 
Standards for Option 2: Country Properties.
(a) 
Minimum lot size: 6 acres
(b) 
Minimum lot width at building line: 300 feet
(c) 
Yard setback requirements:
(1) 
Front setback: 150 feet from the ROW of existing municipal roads, but 40 feet from the ROW of new subdivision streets, country lanes, or common driveways (Where applicable).
(2) 
Rear setback: 50 feet minimum for principal buildings and 10 feet for accessory buildings (except that accessory buildings with a ground floor area exceeding 500 SF shall conform to the setback requirements for principal structures).
(3) 
Side setback: 25 feet.
(4) 
Maximum total impervious coverage: 4 percent limit on each lot.
(5) 
Maximum height regulations: 35 feet or two and one-half stories.
(6) 
Permitted uses:
(i) 
Detached single family dwellings.
(ii) 
Agriculture.
(7) 
Up to three lots may share a common driveway.
(8) 
Accessory Uses and Buildings. See Subsection 15-4.1b4(j).
(9) 
Conditional Uses. See Subsection 15-4.1b4(k).
7. 
Minimum lot area and yard requirements for tracts 20 acres or more shall refer to Subsection 15-4.1b "Conservation Design."
8. 
Off-street parking requirements. (As required in § 15-5.)
9. 
Site plan review shall be required in accordance with Chapter 14.
10. 
Permitted signs. As required in § 15-9.
c. 
For tracts under 20 acres, the underlying permitted uses and standards apply:
1. 
Permitted Uses.
(a) 
Agriculture.
(b) 
Detached single family dwellings.
(c) 
Farmettes. In recognition of the need to provide alternative development techniques to preserve farmland and open space so as to protect the rural character of the Township, farmettes shall be permitted in accordance with the following requirements:
(1) 
Minimum lot area: Six acres.
(2) 
Minimum front yard setback: 100 feet.
(3) 
Minimum rear yard setback: 100 feet.
(4) 
Minimum side yard setback: 50 feet.
(5) 
Minimum combined side yard setback: 100 feet.
(6) 
Flag lots shall be permitted provided the minimum lot frontage shall be 25 feet.
(7) 
Not less than 50 percent of farmettes shall have a minimum lot frontage of 250 feet and a minimum lot width of 300 feet.
(8) 
Maximum driveway length (distance from paved public street to dwelling): 750 feet.
(9) 
Driveway specifications (driveways over 150 feet in length):
(i) 
Minimum width: 18 feet.
(ii) 
Surfacing requirements: All weather surface capable of accommodating emergency vehicles of a minimum weight of 28,000 pounds.
(iii) 
Driveways serving as access to more than one lot shall be subject to cross access easements approved by the planning board.
(iv) 
All driveways shall include a paved apron extending a minimum of ten feet from the edge of pavement of the existing roadway.
(v) 
Minimum vertical clearance: 14 feet.
(10) 
Any new street created to exclusively serve farmettes shall qualify for a waiver by the planning board of the following improvement standards:
(i) 
Concrete curbing.
(ii) 
Sidewalks.
(11) 
Any new street created to exclusively serve farmettes shall qualify for a reduction in the Township's improvement standards to the following minimums:
(i) 
Minimum right-of-way width: 50 feet.
(ii) 
Minimum cartway (pavement) width: 18 feet, for roadway accessed by six or less lots and 24 feet for roadway accessed by seven or more lots.
(12) 
All lots created under the provisions of this subsection shall be deed restricted whereby further subdivision of the lot is expressly prohibited unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection. The deed restriction shall be binding upon the successors and assigns in title and to the benefit of, and enforceable by the Township of Plumsted.
(13) 
The planning board, at its sole option, may consider waiver and/or reductions in other improvements and/or standards deemed appropriate.
(d) 
Lot Averaging. In recognition of the need to provide alternative development techniques to preserve farmland and open space so as to protect the rural character of the Township, lot averaging, as set forth in this subsection may be permitted in accordance with the following:
(1) 
Minimum tract size: 25 acres.
(2) 
Minimum lot size: Two and five tenths acres.
(3) 
Maximum lot size: (for purposes of calculating average lot size): Seven and five tenths acres.
(4) 
Average lot size: Five acres.
(5) 
Minimum lot width: 200 feet.
(6) 
Minimum lot frontage: 100 feet.
(7) 
Minimum front yard setback: 80 feet.
(8) 
Minimum rear yard setback: 50 feet.
(9) 
Minimum side yard setback: 50 feet.
(10) 
The principal use of all lots created pursuant to this subsection shall be for detached single family residences.
(e) 
Clustering (Farmland Preservation Bonus). In order to encourage and promote the preservation of large contiguous areas of mature upland forest area and farmland, and protect the rural character of the Township yet allow for compatible residential development, clustering of residential lots may be permitted in accordance with the following:
(1) 
Minimum tract size: 50 acres.
(2) 
Maximum number of detached single family buildings lots to be based upon following formula:
Maximum number of building lots
=
number of base building lots
+
number of bonus building lots
(i) 
The "number of base building lots" shall be determined by the development of a "yield map," which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-5 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[1] The "yield map" shall depict the location of wetlands regulated pursuant to the N.J. Freshwater Wetlands Protection Act (N.J.S.A. 13.9B-1 et seq.) and a minimum of 50 percent of the required lot area for all proposed lots shall be outside of such regulated wetlands and shall have direct access to a proposed street.
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(ii) 
The number of "bonus building lots: shall be determined in accordance with the following formula:
Maximum number of building lots
=
Acres of contiguous non-wetlands farmland and/or mature forest area to be preserved and/or restricted to agricultural use over 25 acres
x.5
(3) 
Area, yard and building requirements: As required in the "Schedule of Area, Yard and Building Requirements" for the R-40 Zone.
(4) 
Areas of mature upland forest proposed to be preserved shall be restricted via perpetual easement in a form approved by the planning board attorney, subject to the exceptions set forth in this subsection.
(5) 
Farmland to be preserved shall be deed restricted in perpetuity to agricultural use except as otherwise provided in this subsection.
(6) 
The following standards shall apply to lands proposed to be preserved, conserved or otherwise remain in perpetual open space under the cluster (farmland preservation bonus) development alternative:
(i) 
All on-site lands to be deed restricted for agricultural use or subject to a conservation easement shall be sized and situated to the maximum extent practicable to give due consideration to the presence of mature forest and agricultural lands on adjoining properties so as to promote the preservation of large contiguous areas of mature forest and/or farmland.
(ii) 
The planning board shall determine that the size, natural capabilities, location, configuration and historical use of areas to be deed restricted for agricultural use afford realistic opportunity for such continued use.
(iii) 
No area to be deed restricted for agricultural use shall contain less than 25 contiguous acres.
(7) 
Notwithstanding the provisions of this subsection, a lot created for the preservation of farmland and/or mature forest may contain one detached single family dwelling, provided however, such dwelling shall be included in the calculation of the maximum number of building lots permitted.
(8) 
Further restriction, approved as of to form by the planning board attorney, shall be placed on all lands subject to a conservation easement or deed restriction for agricultural use as provided in this subsection prohibiting further subdivision of the lot unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection.
(9) 
Notwithstanding the provisions of Subsection 15-4.1c1(e)(8) further subdivision of a lot created pursuant to this subsection and subject to a conservation easement, or deed restriction for agricultural use, shall be permitted subject to the following:
(i) 
Not more than three additional building lots to be utilized for detached single family residents shall be permitted.
(ii) 
The reservation of the right to such future subdivision shall have been declared at the time of approval of the cluster (farmland preservation bonus) development alternative and the right to the specified number of future lots is reflected in the deed to such property.
(iii) 
The number of building lots reserved for future subdivision shall be included in the count of the maximum number of building lots permitted pursuant to Subsection 15-4.1c1(e)(2).
(iv) 
Any reserved building lots shall meet the area, yard and building requirements of the R-40 zone as set forth in the "Schedule of Area, Yard and Building Requirements."[2]
[2]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(v) 
In calculating the maximum number of building lots permitted and number of bonus building lots earned appropriate area reductions shall be made for any building lots so reserved.
(vi) 
The area of any previously reserved lot created by further subdivision shall not exceed 40,000 square feet.
(vii) 
Any further subdivision to create all or a portion of the building lots reserved pursuant to this subsection shall require subdivision approval by the planning board.
(viii) 
The lots created by any further subdivision to create all or a portion of the building lots reserved pursuant to this subsection shall be located so as not to adversely impact, or be adversely impacted by, the use of any of the agricultural uses of the remainder of the property.
(ix) 
Nothing herein shall prohibit the further subdivision of a lot deed restricted for agricultural use provided said subdivision is for agricultural purposes and said restriction is continued in the deeds of all lots created.
(f) 
Cluster (Reduced Lot Size) Development. In accordance with the regulations of this subsection, an owner, developer or subdivider may elect to develop lots for single family detached dwellings in a manner which will preserve desirable open spaces, farmland and mature forest areas compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.
(1) 
Required findings by planning board. Prior to granting approval of any cluster (reduced lot size) development, the planning board must find that:
(i) 
The proposal will produce economy in layout and design.
(ii) 
The open space created by the proposal promotes active recreation (including golf courses) or serves to preserve farmland or mature upland forest areas.
(iii) 
The methods and arrangements proposed by the developer are adequate to assure the viability and permanence of the maintenance of the proposed open space for its intended use.
(iv) 
The proposal is consistent with the intent, purposes, goals and objectives of the master plan.
(2) 
Minimum tract size: 6 acres.
(3) 
The maximum number of detached single family building lots shall be determined by the development of a "yield map," which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-5 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[3] The "yield map" shall depict the location of wetlands regulated pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the required lot area for all proposed lots shall be located outside of such regulated wetlands and shall have direct access to a proposed street.
[3]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(4) 
Area, yard and setback requirements. As required in the "Schedule of Area, Yard and Building Requirements" for the R-40 zone.
(5) 
Open space requirements. The following requirements shall be applicable to open space created pursuant to this subsection:
(i) 
A minimum of 45 percent of the tract shall be set aside for open space.
(ii) 
Open space shall, to the maximum extent practicable, be in large contiguous areas situated to give due consideration to the presence of mature forest and agricultural lands on adjoining properties.
(iii) 
No area less than 50 feet in width or less than five contiguous acres shall be considered open space for the purposes of determining compliance with the open space requirement of this subsection.
(iv) 
Golf courses shall be considered open space for the purposes of this subsection.
(v) 
All lots created under the provisions of this subsection shall be deed restricted whereby further subdivision of the lot is expressly prohibited, except for agricultural purposes, unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection. The deed restriction shall be binding upon the successors and assigns in title and to the benefit of, and enforceable by the Township of Plumsted.
(g) 
Municipal, county, state and federal buildings and grounds including but not limited to schools, parks, playgrounds, libraries, workshops, warehouses, garages and storage yards.
(h) 
Golf courses.
(i) 
Family day care home.
(j) 
(Reserved)
(k) 
Essential services.
2. 
Accessory Uses and Buildings. See Subsection 15-4.1b4(j).
3. 
Conditional Uses. See Subsection 15-4.1b4(k).
4. 
Minimum Lot Area and Yard Requirements. As provided for the RA-5 Zone in the attached schedule entitled, "Schedule of Area, yard and Building Requirements."[4]
[4]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
5. 
Off-Street Parking Requirements. As required in § 15-5.
6. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
7. 
Permitted Signs. As required in § 15-9.
[Ord. #2007-01, § II]
Protected open space and greenway lands (referred to as Greenway Lands) in all subdivisions and site plans shall meet the following standards:
a. 
Uses Permitted on Greenway and Open Space Lands. The following uses are permitted in greenway land areas:
1. 
Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow);
2. 
Agricultural and horticultural uses, including raising crops or livestock, wholesale nurseries, pre-existing associated buildings that are specifically needed to support an active, viable agricultural or horticultural operation, excluding residences.
3. 
Pastureland and facilities for horses. Equestrian facilities, including outdoor tracks, shall be permitted.
4. 
Forestry, in keeping with State Approved Woodland Management Plan for selective harvesting and sustained yield forestry. Clear cutting is not permissible.
5. 
Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding motorized off-road vehicles, rifle ranges, paint ball operations, and other uses similar in character and potential impact as determined by the Board.
6. 
Active noncommercial recreation areas, such as playing fields, playgrounds, courts, and bikeways, provided such areas do not consume more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than ten parking spaces.
7. 
Easements for drainage, access, sewer or water lines, or other public purposes.
8. 
Underground utility rights-of-way. Above ground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required Greenway land.
b. 
Greenway Design Standards.
1. 
Greenway lands shall be laid out in general accordance with the municipality's Proposed Conservation Areas and Greenway Connections and Proposed Farmland Preservation maps of the 2003 Conservation Element of the Master Plan for Plumsted Township. The greenway lands shall be contiguous and not fragmented in order to ensure an interconnected network of open space throughout the Township, over time, as parcels undergo subdivision and site plans. In addition, the required greenway land shall consist of all Primary Conservation Areas (PCAs), and Secondary Conservation Areas (SCAs) to the greatest extent possible.
2. 
In Option 1 subdivisions within the RA-5 Zone, the greenway land comprises a minimum of 50 percent of the gross tract area. This land shall generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the municipality, or by a private individual (typically as part of the original farmhouse).
3. 
Buffers for Adjacent Outdoor Recreation Land and other nonresidential development uses: Where the proposed development adjoins outdoor recreation land or other nonresidential development uses, a natural greenway buffer at least 150 feet deep shall be provided within the development along its common boundary, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction). Where this buffer is unwooded, the board may require vegetative screening to be planted, or that it be managed to encourage natural forest succession through "no-mow" policies and the periodic removal of invasive exotic plant and tree species.
c. 
Other Requirements.
1. 
No portion of any building lot may be used for meeting the minimum required greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required Greenway land.
2. 
When the Greenway lands are to be for common use, pedestrian and maintenance access shall be provided to Greenway land in accordance with the following requirements:
(a) 
Each neighborhood shall provide one centrally located access point per 15 lots, a minimum of 20 feet in width.
(b) 
If the Greenway land is being used for agricultural purposes exclusively, access to such Greenway land used for agriculture may be appropriately restricted for public safety and to prevent interference with agricultural operations.
3. 
All Greenway land areas that are wooded shall be left in a natural state. The use of fencing is strongly discouraged.
d. 
Permanent Greenway Protection Through Conservation Easements.
1. 
In Option 1 subdivisions, all Greenway land provided shall be subject to permanently marked conservation easements prohibiting future development and defining the range of permitted activities. The determination of necessity shall lie with the board.
2. 
In Option 2 subdivisions (Country Properties), applicants who voluntarily develop their properties at densities conforming with Option 2 standards (minimum six acres per principal dwelling in the RA-5 Zone), shall place a deed restriction preventing future subdivision of the newly created parcels.
e. 
Ownership of Greenway Land and Common Facilities.
1. 
Development Restrictions. All greenway land shall be permanently deed restricted from future subdivision and development. Under no circumstances shall any development be permitted in the open space at any time, except as indicated previously.
2. 
Ownership Options. The developer of the tract may choose any of the following methods, either individually or in combination, for the ownership of the common facilities. Common facilities shall not be transferred to another entity except for transfer to another method of ownership permitted under this section, and then only when there is no change in the common facilities or in the open space ratio of the overall development. Ownership methods shall conform to the following:
(a) 
Fee Simple Dedication to the Municipality. The municipality may, but shall not be required to, accept any portion of the common facilities, provided that:
(1) 
There is no cost of acquisition to the municipality.
(2) 
The municipality agrees to and has access to maintain such facilities.
(b) 
Homeowners' Association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in state regulations and statutes. In addition, the following regulations shall be met:
(1) 
The applicant shall provide the municipality a description of the organization of the proposed association, including its bylaws, and all documents governing ownership, maintenance, and use restrictions for common facilities;
(2) 
The proposed association shall be established by the owner or applicant and shall be operating (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling units in the development;
(3) 
Membership in the association shall be automatic (mandatory) for all purchasers of dwelling units therein and their successors in title;
(4) 
The association shall be responsible for maintenance and insurance of common facilities;
(5) 
The bylaws shall confer legal authority on the association to place a lien on the real property of any member who falls delinquent is his dues. Such dues shall be paid with the accrued interest before the lien may be lifted;
(6) 
Written notice of any proposed transfer of common facilities by the association or the assumption of maintenance for common facilities must be given to all members of the association and to the municipality no less than 30 days prior to such event; and
(7) 
The association shall have adequate staff to administer, maintain, and operate such common facilities.
(c) 
Private Conservation Organization or the County. With permission of the municipality, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the County provided that:
(1) 
The conservation organization is acceptable to the municipality and is a bona fide conservation organization intended to exist indefinitely;
(2) 
The conveyance contains appropriate provisions for proper reverter or retransfer in the event that the organization or Ocean County becomes unwilling or unable to continue carrying out its functions;
(3) 
The Greenway land is permanently restricted from future development through a conservation easement and the municipality is given the ability to enforce these restrictions; and
(4) 
A maintenance agreement acceptable to the municipality is established between the owner and the organization or Ocean County.
(d) 
Dedication of Easements to the Municipality. The municipality may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the homeowners' association, or private conservation organization while the easements are held by the municipality. In addition, the following regulations shall apply:
(1) 
There shall be no cost of acquisition to the municipality;
(2) 
Any such easements for public use shall be accessible to the residents of the municipality; and
(3) 
A satisfactory maintenance agreement shall be reached between the owner and the municipality.
(e) 
Non-Common Private Ownership. Up to 100 percent of the required Greenway land may be included within one or more large "conservancy lots" of at least ten acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in Subsection 15-4.1A, and that the municipality is given the ability to enforce these restrictions.
f. 
Maintenance of Greenway Land and Common Facilities.
1. 
Unless otherwise agreed to by the board, the cost and responsibility of maintaining common facilities and Greenway land shall be borne by the property owner, homeowners' association, or conservation organization.
2. 
The applicant shall, at the time of preliminary plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities which shall be incorporated into the Developer's Agreement.
3. 
In the event that the organization established to maintain the Greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.
4. 
The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, homeowners association, conservation organization, or individual property owners who make up a homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality with the county clerk or county registrar.
[Ord. #95-17, § 12; Ord. #2000-15, § 1; Ord. #2002-11, § 2; Ord. #2003-09 §§ 2, 3]
a. 
Permitted Uses.
1. 
Agriculture.
2. 
Detached single family dwellings.
3. 
Farmettes in accordance with the requirements set forth in Subsection 15-4.1a3.
4. 
(Reserved)
5. 
(Reserved)
6. 
(Reserved)
7. 
Municipal, county, state and federal buildings and grounds including but not limited to schools, parks, playgrounds, libraries, workshops, warehouses, garages and storage yards.
8. 
Golf courses.
9. 
Family day care home.
10. 
Cluster bonus option for open space. In order to promote the preservation of open space, clustering of residential lots may be permitted in accordance with the following:
(a) 
Minimum tract size — 15 acres. For purposes of compliance with the minimum tract size requirement of this subsection, noncontiguous lots separated only by a common right-of-way and under common ownership shall be in compliance with this subsection;
(b) 
Area, yard and building requirements: In accordance with the provisions of the R-40 Zone, provided the tract is in compliance with the minimum open space dedication requirement of this subsection;
(c) 
Minimum open space: 30 percent of the total lot area of the tract dedicated to the Township of Plumsted or a homeowners association to maintain the tract for open space and recreation purposes. The open space parcel shall be deed restricted to open space and recreational purposes in perpetuity. The form of the restriction shall be approved by the land use board attorney;
(d) 
All new building lots shall have frontage on a municipal (interior) street. All new building lots shall not have driveway access to a county or collector road.
11. 
Essential services.
b. 
Accessory Uses and Buildings.
1. 
Private garage, tool shed.
2. 
Professional offices in residences as defined herein.
3. 
Home occupation as defined herein.
4. 
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are produced on the same parcel as the principal use.
5. 
Roadside stands in connection with a farm operation, for the purpose of display and sale of farm products.
c. 
Conditional Uses.
1. 
(Reserved)
2. 
Churches and other places of worship, subject to the requirements of § 15-6.
d. 
Minimum Lot Area and Yard Requirements. As provided for the RA-3 Zone in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements."[1]
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
e. 
Off-Street Parking Requirements. As required in § 15-5.
f. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
g. 
Permitted Signs. As required in § 15-9.
[Ord. #95-17 § 13; Ord. #2002-11, § 3]
a. 
Permitted Uses.
1. 
Agriculture.
2. 
Detached single family dwellings.
3. 
Farmettes in accordance with the requirements set forth in Subsection 15-4.1a3.
4. 
Lot Averaging. In recognition of the need to provide alternative development techniques to preserve farmland and open space so as to protect the rural character of the Township, lot averaging, as set forth in this subsection may be permitted in accordance with the following:
(a) 
Minimum tract size: 20 acres.
(b) 
Minimum lot size: One acre.
(c) 
Maximum lot size: (for purposes of calculating average lot size): Three acres.
(d) 
Average lot size: Two acres.
(e) 
Minimum lot width: 150 feet.
(f) 
Minimum lot frontage: 100 feet.
(g) 
Minimum front yard setback: 60 feet.
(h) 
Minimum rear yard setback: 40 feet.
(i) 
Minimum side yard setback: 20 feet.
(j) 
The principal use of all lots created pursuant to this subsection shall be for detached single family residences.
5. 
Clustering (Farmland Preservation Bonus). In order to encourage and promote the preservation of large contiguous areas of mature upland forest area and farmland, and protect the rural character of the Township yet allow for compatible residential development, clustering of residential lots may be permitted in accordance with the following:
(a) 
Minimum tract size: 50 acres.
(b) 
Maximum number of detached single family building lots to be based upon the following formula:
Maximum number of building lots
=
number of base building lots
+
number of bonus building lots
(1) 
The "number of base building lots" shall be determined by the development of a "yield map", which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-2 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[1] The "yield map" shall depict the location of wetlands regulated pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the required lot area for all proposed lots shall be outside of such regulated wetlands and have direct access to a proposed street.
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(2) 
The number of "bonus building lots" shall be determined in accordance with the following formula:
Number of bonus building lots
=
Acres of contiguous non-wetlands farmland and/or mature forest area to be preserved and/or restricted to agricultural use over 25 acres
x 1.0
(c) 
Area, yard and building requirements: As required in the "Schedule of Area, Yard and Building Requirements"[2] for the R-40 Zone.
[2]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(d) 
Areas of mature upland forest proposed to be preserved shall be restricted via perpetual easement in a form approved by the planning board attorney, subject to the exceptions set forth in this subsection.
(e) 
Farmland to be preserved shall be deed restricted in perpetuity to agricultural use except as otherwise provided in this subsection.
(f) 
The following standards shall apply to lands proposed to be preserved, conserved or otherwise remain in perpetual open space under the cluster (farmland preservation bonus) development alternative:
(1) 
All on-site lands to be deed restricted for agricultural use or subject conservation easement shall be sized and situated to the maximum extent practicable to give due consideration to the presence of mature forest and agricultural lands on adjoining properties so as to promote the preservation of large contiguous areas of mature forest and/or farmland.
(2) 
The planning board shall determine that the size, natural capabilities, location configuration and historical use of areas to be deed restricted for farmland afford a realistic opportunity for such use.
(3) 
No area to be deed restricted for agricultural use shall contain less than 25 contiguous acres.
(g) 
Notwithstanding the provisions of this subsection, a lot created for the preservation of farmland and/or mature forest may contain one detached single family dwelling, providing however, such dwelling shall be included in the calculation of the maximum number of building lots permitted.
(h) 
Further restriction, approved as to form by the planning board attorney, shall be placed on all lots subject to conservation easement or deed restricted for agricultural use as provided in this subsection prohibiting further subdivision of the lot unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection.
(i) 
Notwithstanding the provisions of Subsection 15-4.3a5(h) further subdivision of a lot created pursuant to this subsection and subject to a conservation easement or deed restriction for agricultural use shall be permitted subject to the following:
(1) 
Not more than three additional building lots to be utilized for detached single family residents shall be permitted.
(2) 
The reservation of the right to such future subdivision shall have been declared at the time of approval of the cluster (farmland preservation bonus) development alternative and the right to the specified number of future lots is reflected in the deed to such property.
(3) 
The number of building lots reserved for future subdivision shall be included in the count of the maximum number of building lots permitted pursuant to Subsection 15-4.3a5(b).
(4) 
Any reserved building lots shall meet the area, yard and building requirements of the R-40 Zone as set forth in the "Schedule of Yard, Area and Building Requirements."[3]
[3]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(5) 
In calculating the maximum number of building lots permitted and number of bonus building lots earned, appropriate area reductions shall be made for any building lots so reserved.
(6) 
The area of any previously reserved lot created by further subdivision shall not exceed 40,000 square feet.
(7) 
Any further subdivision to create all or a portion of the building lots reserved pursuant to this subsection shall require subdivision approval by the planning board.
(8) 
The lots created by any further subdivision to create all or a portion of the building lots reserved pursuant to this subsection shall be located so as not to adversely impact, or be adversely impacted by, the use of any of the agricultural uses of the remainder of the property.
(9) 
Nothing herein shall prohibit the further subdivision of a lot deed restricted for agricultural use provided said subdivision is for agricultural purposes and said restriction is continued in the deeds of all lots created.
6. 
Cluster (Reduced Lot Size) Development. In accordance with the regulations of this subsection, an owner, developer or subdivider may elect to develop lots for single-family detached dwellings in a manner which will preserve desirable open spaces, farmland and mature forest areas compatible with residential uses by permitting a reduction of lot sizes and the application of certain other regulations hereinafter stated without increasing the number of lots in the total areas to be developed.
(a) 
Required findings by planning board. Prior to granting approval of any cluster (reduced lot size) development, the planning board must find that:
(1) 
The proposal will produce economy in layout and design.
(2) 
The open space created by the proposal promotes active recreation (including golf courses) or serves to preserve farmland or mature upland forest areas.
(3) 
The methods and arrangements proposed by the developer are adequate to assure the viability and permanence of the maintenance of the proposed open space for its intended use.
(4) 
The proposal is consistent with the intent, purposes, goals and objectives of the master plan.
(b) 
Minimum tract size: 20 acres.
(c) 
The maximum number of detached single family building lots shall be determined by the development of a "yield map", which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-2 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[4] The "yield map" shall depict the location of wetlands regulated pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the required lot area for all proposed lots shall be located outside of such regulated wetlands and shall have direct access to a proposed street.
[4]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
(d) 
Area, yard and setback requirements. As required in the "Schedule of Area, Yard and Building Requirements" of the R-40 Zone.1
(e) 
Open space requirements. The following requirements shall be applicable to open space created pursuant to this subsection:
(1) 
A minimum of 45 percent of the tract shall be set aside for open space.
(2) 
Open space shall, to the maximum extent practicable, be in large contiguous areas situated to give due consideration to the presence of mature forest and agricultural lands on adjoining properties.
(3) 
No area less than 50 feet in width or less than five contiguous acres shall be considered open space for the purposes of determining compliance with the open space requirement of this subsection.
(4) 
Golf courses shall be considered open space for the purposes of this subsection.
(5) 
All lots created under the provisions of this subsection shall be deed restricted whereby further subdivision of the lot is expressly prohibited unless specifically authorized by future amendment to the Plumsted Township Code permitting such further subdivision of a lot created pursuant to this subsection. The deed restriction shall be binding upon the successors and assigns in title and to the benefit of, and enforceable by the Township of Plumsted.
7. 
Municipal, county, state and federal buildings and grounds including but not limited to schools, parks, playgrounds, libraries, workshops, warehouses, garages and storage yards.
8. 
Golf courses.
9. 
Family day care home.
10. 
(Reserved)
11. 
Essential services.
b. 
Accessory Uses and Buildings.
1. 
Private garage, tool shed.
2. 
Professional offices in residence as defined herein.
3. 
Home occupation as defined herein.
4. 
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are produced on the same parcel as the principal use.
5. 
Roadside stands in connection with a farm operation, for the purpose of display and sale of farm products.
c. 
Conditional Uses.
1. 
(Reserved)
2. 
Churches and other places of worship, subject to the requirements of § 15-6.
d. 
Minimum Lot Area and Yard Requirements. As provided for the RA-2 Zone in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements."[5]
[5]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
e. 
Off-Street Parking Requirements. As required in § 15-5.
f. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
g. 
Permitted Signs. As required in § 15-9.
[Ord. 83A, § 4.01; Ord. #87A; Ord. #100A; Ord. #92-13; Ord. #95-17, §§ 6-10; Ord. #2002-11, § 4]
a. 
Permitted Uses.
1. 
Agriculture.
2. 
Detached single family dwellings.
3. 
Municipal, county, state and federal buildings and grounds including but not limited to schools, parks, playgrounds, libraries, workshops, warehouses, garages and storage yards.
4. 
Golf courses.
5. 
Family day care home.
6. 
(Reserved)
7. 
Essential services.
b. 
Accessory Uses and Buildings.
1. 
Private garage, tool shed.
2. 
Professional offices in residence as defined herein.
3. 
Home occupation as defined herein.
4. 
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are produced on the same parcel as the principal use.
5. 
Roadside stands in connection with a farm operation, for the purpose of display and sale of farm products.
c. 
Conditional Uses.
1. 
(Reserved)
2. 
Churches and other places of worship, subject to the requirements of § 15-6.
d. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements."[1]
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
e. 
Off-Street Parking Requirements. As required in § 15-5.
f. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
g. 
Permitted Signs. As required in § 15-9.
[Ord. #83A, § 4.04; Ord. #92-13; Ord. #95-17, § 6]
a. 
Permitted Uses.
1. 
Single family dwellings.
2. 
Public schools, parks and playgrounds.
3. 
Municipal buildings, deemed necessary by the Township for the general health and welfare of the community.
4. 
Farming and agricultural uses.
b. 
Accessory Uses and Buildings.
1. 
Private garage, tool shed.
2. 
Professional office in residences as defined herein.
3. 
Home occupation as defined herein.
c. 
Prohibited Uses. (Reserved)
d. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements."[1]
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
e. 
Off-Street Parking Requirements. As required in § 15-5.
f. 
Site Plan Review. Site plan review shall be as required in accordance with provisions of § 15-7.
g. 
Permitted Signs. As provided in § 15-9.
[Ord. #95-17, § 14]
a. 
Permitted Uses.
1. 
Adult mobile home park.
2. 
Essential services.
b. 
Permitted Accessory Uses of Buildings and Structures Are as Follows:
1. 
Recreation, and cultural facilities for the sole use of the residents of the mobile home park and their guests, including but not limited to the following:
(a) 
Clubhouse.
(b) 
Lake.
(c) 
Picnic grounds.
(d) 
Horseshoe pits.
(e) 
Shuffleboard courts.
2. 
Off-Street Parking. Two off-street parking spaces per dwelling unit. Off-street parking for other uses in accordance with Subsection 15-5.10.
3. 
Sheds (garden, tool or storage).
4. 
Signs. In accordance with § 15-9.
5. 
Other customary accessory uses, buildings and structures which are clearly incidental to the principal use and building, including facilities for maintenance and administration, streets and off-street parking facilities.
c. 
Area, Yard and Building Minimum Requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained except for a mobile home park within the area which is in accordance with a site development plan approved by the municipal agency. Such site development plan shall meet at least the following minimum requirements.
Requirements
Zoning District MHP
Tract requirements
Tract area (square feet)
100 acres
Mobile home space requirements
Space area (square feet)
8,000
Space width (feet)
60
Mobile home location requirements
Distance between units
(side to side) (feet)
20
Distance between units
30
(end to end) (feet)
50
Distance of unit from public right-of-way (feet)
30
Distance of unit from internal street (feet)
30
Distance of unit from rear and side tract boundaries, each (feet)
Accessory building requirements
Sheds (garden, storage, or tool)
Front yard setback (feet)
Not permitted
Rear yard setback (feet)
3
Side yard setback (feet)
3
Maximum building height (feet)
12
d. 
Density.
1. 
The maximum permitted gross residential density in an MHP District shall be one and eight tenths dwelling units/acre.
e. 
Operation and Maintenance. All internal improvements shall be owned, operated and maintained privately, that is, by a private owner or homeowner's association. The Township shall not be responsible for the provision, operation or maintenance of any on-site facilities or services including but not limited to the following: sanitary and storm sewers; potable water; other utilities; street lighting; snow removal; solid waste collection; disposal and recycling; and street maintenance.
[Ord. #83A, § 4.06; Ord. #92-13; Ord. #95-17, §§ 14—17; Ord. #1997-30, § I]
a. 
Permitted Uses.
1. 
Grocery and food store.
2. 
Drugs and pharmaceuticals.
3. 
Stationery, confectionery and tobacco.
4. 
Hardware and paints.
5. 
Bakery, provided goods are sold at retail only.
6. 
Books, periodicals and newspapers.
7. 
Alcoholic beverages.
8. 
Farming and agricultural uses.
9. 
Service establishments of and similar to the following uses:
(a) 
Barber and beauty shops;
(b) 
Tailoring, dressmaking, shoe repair;
(c) 
Dry cleaners and self-service laundromats;
(d) 
T.V. or small appliance repair;
(e) 
Restaurants;
(f) 
Photographic studios; and
(g) 
Professional offices, banks, savings and loans.
10. 
Automobile and truck sales and service.
11. 
Automobile service stations, provided, however, gasoline pumps for dispensing gasoline shall not be located closer than 35 feet from the street right-of-way.
12. 
Department or dry goods store.
13. 
Bar, tavern or cocktail lounge.
14. 
Farming and agricultural uses.
15. 
Child care centers.
16. 
Essential services.
b. 
Conditional Uses.
1. 
Churches and other places of worship subject to the requirements of § 15-6.
2. 
Warehouses under circumstances where the property is at least five (5) acres in area.
c. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements"[1]
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
d. 
Off-Street Parking Requirements. As required in § 15-5.
e. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
f. 
Permitted Signs. As provided in § 15-9.
[Ord. #83A, § 4.07; Ord. #92-13; Ord. #95-17, §§ 14, 18, 19; Ord. #1997-30, § I]
a. 
Permitted Uses.
1. 
Any use considered to be of a retail or wholesale nature.
2. 
Auto, truck and trailer sales, service, storage and repair, provided, however, that dismantled or junked cars, or parts of cars unfit for operation on the highway shall not be stored or sold on the premises. Automobile service stations, provided all gasoline pumps or appliances for dispensing gasoline shall be located not less than 30 feet from the street right-of-way, nor shall a service station be erected or located closer than 2,000 feet from any other service station as measured along the street line.
3. 
Bowling alleys, skating rink or similar places of commercial entertainment.
4. 
Commercial car wash.
5. 
Drive-in or open-air restaurant or convenience food or beverage establishment.
6. 
Hotels and motels.
7. 
Offices of a commercial or business nature where the business conducted on the premises is entirely within a completely enclosed building or where outside storage of supplies or equipment complies with regulations of bulk storage provided herein.
8. 
Sales, service and repair establishments dealing with miscellaneous machinery, cabinets, electrical heating, air conditioning, plumbing or printing.
9. 
Taverns, bars or cocktail lounges.
10. 
Restaurants, diners, etc., including the sale of alcoholic beverages.
11. 
Farming and agricultural uses.
12. 
Child care centers.
13. 
Essential services.
b. 
Conditional Uses.
1. 
Churches and other places of worship subject to the requirements of § 15-6.
2. 
Warehouses under circumstances where the property is at least five (5) acres in area.
c. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements."[1]
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
d. 
Off-Street Parking Requirements. As required in § 15-5.
e. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
f. 
Permitted Signs. As provided in § 15-9.
[Ord. #83A, § 4.08; Ord. 3/14/77; Ord. #92-13; Ord. #95-17, § 14, 20, 21; Ord. #2002-18, § 1; Ord. #2004-05, § 3; Ord. #2005-15, § 3]
a. 
Permitted Uses.
1. 
Any use considered to be of a retail nature.
2. 
General and professional office use.
3. 
Automobile sales agency.
4. 
Restaurants, luncheonettes and similar type food establishments.
5. 
Child care centers.
6. 
Essential services.
7. 
Churches and other places of worship.
8. 
Funeral home/parlor.
b. 
The C-4 Commercial Zone shall incorporate by reference all applicable provisions of the "New Egypt Redevelopment Plan (Amendment #1, Ordinance No. 2005-15)" dated July, 2005 pursuant to N.J.S.A. 40A:12A et seq.
c. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements."[1]
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
d. 
Off-Street Parking Requirements. As required in § 15-5 except that the planning board may waive or alter those requirements if they determine that such waiver or alteration would benefit the community.
e. 
Site Plan Review.
1. 
Site plan review shall be required in accordance with provisions of § 15-7.
2. 
In addition to the provisions of § 15-7, architectural aspects of the proposed site plan shall be considered.
f. 
Permitted Signs. As provided in § 15-9.
[Ord. #83A, § 4.10; Ord. 3/11/85, § 1; Ord. #92-13; Ord. #95-17, §§ 14, 22, 23; Ord. #2002-09, § 1; Ord. #2004-05, § 4; Ord. #2005-15, § 4; Ord. # 2012-02, § 1]
a. 
Permitted Uses.
1. 
Activities of a limited industrial or manufacturing nature, or industrial process which does not involve the emission of toxic, obnoxious, or corrosive fumes, dust, vapor, odor or gas, nor objectionable noise, glare, flashes or effluents in excess of the performance standards listed below.
2. 
Research, testing, dental or similar laboratories.
3. 
Professional or commercial office or administrative buildings.
4. 
Warehouse or terminal facilities.
5. 
Lumber yard or similar storage areas.
6. 
Retail sale of products produced or manufactured on the premises of a principal use.
7. 
Radio or T.V. towers.
8. 
Farming and agricultural uses.
9. 
Child care centers.
10. 
Essential services.
b. 
The Light Industrial Zone shall incorporate by reference all applicable provisions of the "New Egypt Redevelopment Plan (Amendment #1, Ordinance No. 2005-15)" dated July, 2005 pursuant to N.J.S.A. 40A:12A et seq.
c. 
Performance Standards.
1. 
Dissemination of smoke, dust, odors, fumes and other noxious gases shall be within the limits of industrial tolerance standards of the State Department of Health, the State Department of Labor and Industry and the State Department of Environmental Protection.
2. 
Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant in accordance with the plant's regulations or the producing facility shall treat its own wastes and effluents in a treatment plant or process which is in compliance with State Statutes, with the requirements of the State Department of Health and the State Department of Environmental Protection.
3. 
Precaution against fire hazards, radiation, explosion, proper handling and storage of materials and structural design, and safeguards for the health of workers shall comply with the State Statutes and requirements of the State Department of Labor and Industry.
4. 
No building permit shall be issued for the construction of any industrial or manufacturing use unless the applicant demonstrates that he has received all of the permits and approvals which the State of New Jersey requires in regard to the establishment of industrial or manufacturing uses.
d. 
Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard, and Building Requirements."[1]
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter
e. 
Off-Street Parking Requirements. As required in § 15-5.
f. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
g. 
Permitted Signs. As permitted in § 15-9.
h. 
Condition Uses Zone LI-1.
1. 
Compassionate use medical marijuana.
[Ord. #95-17, § 24]
a. 
Permitted Uses.
1. 
Agriculture.
2. 
Essential services.
3. 
Nonagricultural uses existing at the time of landowner's entry into a farmland preservation program.
b. 
Permitted Accessory Uses.
1. 
Customary farm buildings for the storage of products or equipment or for the processing of farm products which are produced on the parcel.
2. 
Roadside stands in connection with a farm operation for the purpose of display and sale of farm products.
c. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled "Schedule of Area, Yard and Building Requirements" for the FP Farmland Preservation Zone.
d. 
Off-Street Parking Requirements. As required in § 15-5.
e. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
f. 
Permitted Signs. As required in § 15-9.
[Ord. #98-02, § 1]
a. 
Permitted Uses.
1. 
Businesses limited to professional offices occupations with no retail facilities permitted on site.
b. 
(Reserved)
c. 
Minimum Lot Area and Yard Requirements.
1. 
Shall be in conformance with requirements of the C-2 Zone.
d. 
Off-Street Parking.
1. 
Commercial vehicles are prohibited from being parked on site for more than twelve (12) hours.
2. 
Commercial vehicles are prohibited from being parked on site during the overnight hours from 10:00 p.m. to 6:30 a.m.
3. 
Lights in the parking lot on site must be turned off no later than 9:30 p.m.
4. 
On-site parking shall be in conformance with the requirements of the C-2 Zone.
e. 
Site Plan Review.
1. 
Shall be in conformance with the requirements of the C-2 Zone.
f. 
Permitted Signs.
1. 
Shall be in conformance with requirements of the C-2 Zone.
g. 
Non-Permitted Uses.
1. 
Adult book stores, or other commercial enterprises that conduct retail trade in pornographic material.
2. 
Government offices unless specifically permitted by the Planning Board.
3. 
All commercial and/or retail uses including, but not limited to:
(a) 
No business will be permitted which derives its income from the display of goods which are located on site.
(b) 
No food sales.
(c) 
No drug stores.
(d) 
No stationery stores.
(e) 
No Division of Motor Vehicle Offices.
(f) 
No tattoo, massage or body piercing parlors.
(g) 
No billiard halls.
(h) 
No entertainment facility.
(i) 
No post offices.
(j) 
No recreation facilities.
(k) 
No car washes.
(l) 
No hotels or motels.
(m) 
No dry cleaning facilities.
(n) 
No hair or nail facilities.
(o) 
No grooming facilities.
[Ord. #19-99, § 3]
a. 
Permitted Uses.
1. 
Federal, state, county, and municipal buildings and grounds including schools, libraries, museums, parks, golf courses, playgrounds, wildlife management areas, conservation areas, offices and related facilities.
2. 
Wildlife and woodland management and conservation areas owned by private non-profit entities.
3. 
Forestry in accordance with an approved management plan;
b. 
Permitted Accessory Uses.
1. 
Off-street parking
2. 
Signs
3. 
Other customary accessory uses to a permitted use.
c. 
Minimum Area, Yard and Bulk Requirements: None
[Ord. No. 2016-16]
a. 
Permitted Uses.
1. 
Grocery and food store.
2. 
Drugs and pharmaceuticals.
3. 
Stationery, confectioner and tobacco.
4. 
Hardware and paints.
5. 
Bakery, provided goods and sold at retail only.
6. 
Books, periodicals and newspapers.
7. 
Alcoholic beverages.
8. 
Farming and agricultural uses.
9. 
Service establishments of and similar to the following uses:
(a) 
Barber and beauty shops;
(b) 
Tailoring, dressmaking, shoe repair;
(c) 
Dry cleaners and self-service laundromats;
(d) 
T.V. or small appliance repair;
(e) 
Restaurants;
(f) 
Photographic studios; and
(g) 
Professional offices, banks, savings and loans.
10. 
Automobile and truck sales and service.
11. 
Automobile service stations, provided, however, gasoline pumps for dispensing gasoline shall not be located closer than 35 feet from the street right-of-way.
12. 
Department or dry goods store.
13. 
Bar, tavern or cocktail lounge.
14. 
Child care services.
15. 
Essential services.
16. 
Any use considered to be of a retail or wholesale nature.
17. 
Auto, truck and trailer sales, service, storage and repair. Provided, however, that dismantled or junked cars, or parts of cars unfit for operation on the highway shall not be stored or sold on the premises.
18. 
Bowling alleys, skating rink or similar places of commercial entertainment.
19. 
Commercial car wash.
20. 
Drive-in or open-air restaurant or convenience food or beverage establishment.
21. 
Hotels and motels.
22. 
Office of a commercial or business nature where the business conducted on the premises is entirely within a completely enclosed building or where outside storage of supplies or equipment complies with regulations of bulk storage provided herein.
23. 
Sales, service and repair establishments dealing with miscellaneous machinery, cabinets, electrical, heating, air conditioning, plumbing or printing.
24. 
Restaurants, diners, etc., including the sale of alcoholic beverages.
25. 
Sales, service, storage, repair, dismantling and assembly of farm equipment tractors, construction equipment, lawn and landscape equipment, recreation vehicles including jet skis, boats, snow mobiles, motor cycles and vehicles and equipment not fit for operation on highways.
b. 
Conditional Uses.
1. 
Churches and other places of worship subject to the requirements of § 15-6.
2. 
Warehouses under circumstances where the property is at least five (5) acres in area.
c. 
Minimum Lot Area and Yard Requirements. As provided in the attached schedule entitled, "Schedule of Area, Yard and Building Requirements." Same as C-2 Zone Requirements.
d. 
Off-Street Parking Requirements. As required in § 15-5.
e. 
Site Plan Review. Site plan review shall be required in accordance with provisions of § 15-7.
f. 
Permitted Signs. As provided in § 15-9.
g. 
Exemptions for Certain Permitted Uses. Lots 7-11 and 13 in Block 46 which exist in the R-40 Zone prior to December 7, 2016 may have a zoning permit issued for a permitted use without an appeal to the Land Use Board provided that the building yard requirements are met for the R-40 Zone.
[Ord. #83A, § 5.01; Ord. #90-19, § 8; Ord. #92-13; Ord. #95-17, §§ 25, 26]
a. 
Where applicable, no building shall hereinafter be erected and no existing building shall be removed, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses in each zone by this chapter and meeting the requirements as set forth herein. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with all regulations designated in this chapter for the zone district in which such building or space is located. In the event of any unlawful encroachment or reduction, after the adoption of this chapter, such building or use shall be deemed to be in violation, and the certificate of occupancy shall become void.
b. 
No lot utilized for single family residential dwelling purposes shall contain more than one principal building except agricultural uses where the residence and agricultural uses are permitted on the same lot.
c. 
All uses not expressly permitted or permitted conditionally in a particular zone are prohibited.
d. 
All yard areas facing on a public street shall be considered front yards, and shall conform to the minimum front yard requirements for the zone in which located.
e. 
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projection of sills, chimneys, flues, buttresses, ornamental features and eaves, provided, however that none of the aforesaid projections shall project into the required yard area more than 36 inches. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground shall not extend into any required yard more than five feet.
f. 
No person shall move into the Township from any other municipality any used barracks, dwelling, garage or other building or structure.
g. 
In all residential zones, except the R-10 zone, it shall be unlawful to subdivide any parcel of land for residential use unless:
1. 
All proposed lots and dwellings are to be served by both a public or other central water and sewer system; or
2. 
All of the following criteria are met:
(a) 
All proposed lots have a minimum lot area of 40,000 square feet.
(b) 
The minimum lot area set forth in Subsection 2(a) above shall be increased in accordance with the following:
PERC RATE
(minutes/ inch)
LOT AREA INCREMENT
(Square feet)
PERME-ABILITY RATE
(in/hr)
DEPTH TO SHWT (feet)
6
5
4
3
2
1
Up to 30
0
21,800
43,560
(1 acre)
65,300
87,000
N/A
2.0
30-35
7,260
29,060
50,800
72,500
N/A
2.0 - 1.4
35-40
14,520
36,320
58,000
80,000
N/A
1.4 - 1.0
40-45
21,780
43,560
(1 acre)
65,300
87,000
N/A
1.0 - 0.6
45-50
29,000
50,800
72,500
N/A
0.6 - 0.4
50-55
36,300
58,000
80,000
N/A
0.4 - 0.3
55-60
43,560
63,300
87,000
N/A
0.3 - 0.2
(1) 
[PERC RATE— 30
30
+
6'—DEPTH TO GROUNDWATER] x 43560
2
(2) 
The following increments have been determined for various conditions and shall apply. A percolation rate of 60 minutes per inch and greater is not acceptable under state standards. All blank categories shall have the maximum increment.
(3) 
All state standards, specifically New Jersey Department of Environmental Protection Standards for the Construction of Individual Subsurface Sewage Disposal Systems.
h. 
Farming is a permitted use in all zones, except C-4 zone.
i. 
There shall be no cultivation or sale of goods or merchandise of any kind within the Township of Plumsted which contain any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, nor shall there be any facility for the cultivating, processing, transporting or dispensing of marijuana or any cannabis-based products or cannabis plants. This provision shall exclude and does not apply to any section or article of the New Jersey Compassionate Use Medical Marijuana Act., N.J.S.A. 24:6I-1 et seq., or the sale, user or handling of any product as may be regulated and permitted pursuant thereto and also in accordance with the Township of Plumsted Ordinances § 15-6.4, Compassionate Use Medical Marijuana.
[Amended 4-3-2019 by Ord. No. 2019-02]
[Ord. #83A, § 5.02]
Any land designated as open space on any plan requiring approval of the Township board considering the application shall conform to the following standards and regulations:
a. 
If the land is not in its natural state, it shall be in or caused to be in such a physical condition as to preclude its being or becoming a nuisance, safety or health hazard, or in any way detrimental to the community.
b. 
No such land so dedicated shall be located in such remote areas as to render it unusable for any purpose including but not limited to, scenic, recreation, or natural study and function.
c. 
Such land prior to being dedicated for open space shall not have been used by such person or persons making the dedication for the disposal of debris or fill, nor shall such materials be stored or deposited on the lands during the development of adjoining land without prior permission from the Township.
[Ord. #83A, § 5.03]
a. 
All pumps shall be located outside of buildings on private property and in no case within 35 feet of any property line.
b. 
All automobile parts, dismantled vehicles and similar articles shall be stored within an enclosed building.
c. 
In no event shall a permit be granted for such a use located within 200 feet of a school, hospital, infirmary or church. A garage or filling station shall not be deemed nonconforming through a subsequent erection of the above uses.
[Ord. #83A, § 5.04]
On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than two and one-half feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting right-of-way lines and a straight line adjoining the street lines at points which are 25 feet distant from the point of intersection measured along the right-of-way lines.
[Ord. #83A, § 5.05]
Whenever a required setback as established by this chapter conflicts with another regulation of this chapter such as landscaping, screening or such other requirements, the greater dimension or requirement shall apply.
[Ord. #83A, § 5.06]
The height limitations of this chapter shall not apply to church spires, silos, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such heights as are necessary to accomplish the purposes they are to serve and then only in accordance with any other governmental regulations.
[Ord. #83A, § 5.07; Ord. #92-13; Ord. #95-17, § 27]
Where two or more nonconforming lots, held in one ownership, created and remaining unaltered since August 11, 1975, either legal or equitable, or subsequently come to be held in one ownership, and the lots are not created by an approved subdivision, they shall be considered a single lot of record for the purpose of this chapter, and provisions of this chapter shall not thereafter be circumvented or avoided by the willful sale or conveyance of a part or portion of any parcel or parcels.
[Ord. #83A, § 5.08; Ord. #95-17, § 28; Ord. #2002-10]
Accessory buildings or structures, except as otherwise permitted in this chapter, shall be subject to the following regulations:
a. 
Where an accessory building or structure is structurally attached to a main building, it shall be subject to, and must conform to all regulations of this ordinance applicable to the principal building.
b. 
No detached accessory building or structure shall be located closer than ten feet to any principal building.
c. 
An accessory building or structure shall not be erected prior to the establishment or construction of the principal building. This provision shall not apply to accessory farm buildings and structures.
d. 
Accessory buildings or structures shall not exceed 15 feet in height unless they are farm buildings or if permission to exceed 15 feet is obtained from the planning board. Building height for accessory building shall be in accordance with the definition contained in Subsection 15-10a7 of this chapter.
e. 
Accessory buildings or structures may not occupy more than 30 percent of a required rear yard.
[Ord. #83A, § 5.09; Ord. #10-86, § 1; Ord. #90-18, § 1; Ord. #96-12, § I]
Each principal use hereafter established which involves buildings or structures for human occupancy shall be located and maintained upon an improved dedicated street. If the right-of-way of the street is less than 50 feet in width, the front building setback shall be measured from a point 25 feet from the centerline of the existing right-of-way.
Any person, corporation or partnership desiring to place a building or structure on a parcel, or lot not abutting a street shall provide ingress and egress thereto after proper application to the appropriate administrative body and receiving approval therefrom following the minimum standards for width and foundation as provided.
In addition thereto, the developer shall pay to the Township road escrow account, an amount equal to the cost of improving the street (one-half the street width times the distance to the closest improved road) to current Township standards, said amount to be determined by the Township engineer.
Where the lot or parcel abuts a street which is not fully improved with a bituminous concrete surface, but which conforms to the balance of the standards for a street in the land use ordinance, the developer shall only be required to pay to the Township the sum stated in the above subsection for the same purposes as stated therein.
a. 
No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Before any such permit shall be issued, (1) such street shall have been certified to be suitably improved to the satisfaction of the governing body, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the governing body, or (2) required road escrow amount as determined by the Township engineer shall have been deposited with the Township.
b. 
Road improvement standards for public streets shall be bituminous surfaces as set forth in the Revised General Ordinances of the Township of Plumsted, Chapter 14, §§ 14-6 and 14-7.3.
c. 
In the event an applicant requests a municipal body to consider a private road access, the following conditions shall apply:
1. 
The private road shall have a minimum 18 feet cartway within a minimum 30 foot right of way protected by recording a deed of easement in the Ocean County Clerk's Office.
2. 
The private road shall be constructed with a minimum of six inches of gravel base and any other improvements required by the municipal body or Township engineer. No certificate of occupancy shall be issued without an inspection and approval by the Township engineer.
3. 
Title to the property must be deed restricted against future subdivision if the access easement is not upgraded to the Township standards for an improved paved roadway.
4. 
Title to the property shall provide and declare notice to all subsequent purchasers or their assigns that the property contains a private easement and cartway, rather than a public road, and said private road will not be maintained, nor shall services be provided to it or upon it, by the Township of Plumsted.
5. 
In the event a right of way easement is necessary from adjacent property owners, all property owners affected by the access right of way must encumber their property by executing and recording a driveway maintenance agreement. Said agreement shall set forth a maintenance contract to ensure adequate funds and provisions have been established to preserve and protect the viability of the private road. Said agreement shall be reviewed and approved by the Township solicitor, or counsel to the reviewing land use board. Said agreement shall further be recorded with the Ocean County Clerk's Office.
6. 
All applicants seeking relief under this section must post the appropriate escrow fees for engineering, legal and professional services as required by further ordinance of the Township.
[Ord. #83A, § 5.10; Ord. #87A; Ord. #100A; Ord. 7/9/84, § 1; Ord. #92-13]
In all zones in connection with every industrial, commercial, institutional, professional, recreational, residential or any other use, there shall be provided offstreet parking spaces and parking lot standards in accordance with the following requirements:
a. 
Size and Access.
1. 
Each dead storage bay of an offstreet parking space may be perpendicular with the aisle, parallel with the aisle, or at any angle between 60 degrees and 90 degrees. No angle parking layout shall be permitted with an angle less than 60 degrees, except by special permission of the Township engineer. The following are minimum stall and aisle dimensions:
Stall Width
Stall Depth
Aisle Width
Perpendicular (90°)
9 feet
18 feet
24 feet
Angle (60°)
9 feet
18 feet
22 feet*
Parallel
23 feet
9 feet
12 feet
*
Proportional from 20 feet at 60 degrees to 25 feet at 90 degrees.
2. 
When the parking area is designed for angle parking, the stalls on both sides shall, where practical, be inclined so as to permit a driver approaching from either end of the aisle to have access to the stalls on one side.
3. 
All parking areas shall be bituminous concrete or Portland cement paved and clearly marked and shall include barrier lines, lane lines, directional arrows and stop lines.
4. 
Entrance and exit drives from a street shall have a minimum width of 16 feet for those carrying one-way traffic and 24 feet for those carrying two-way traffic.
5. 
All access drives shall provide a minimum corner curb radius of 15 feet.
6. 
Exit and entrance drives shall be located as far as practical from an intersection. However, such entrance or exit driveways need not be located more than 500 feet from an intersection. Measurements shall be taken for the purpose of locating the driveways from the curb line of the intersection.
7. 
No driveway shall be located less than ten feet from the side property line or within 30 feet of an existing drive, whichever is greater.
8. 
No property having a frontage of less than 100 feet shall have more than one two-way driveway on one street. No property having less than 1,000 foot frontage shall have more than two driveways on one street. Any frontage greater than 1,000 feet may have more than two driveways on one street; however, the number, location, size and design shall be subject to approval of the body, agency or official having jurisdiction over the plan.
9. 
Any of the above standards may be altered for good cause by the Township board considering the application.
b. 
Location of Parking.
1. 
Whenever parking is allowed between the front building line and the street line, whether by ordinance, special use permit or variance, a safety island or raised median shall be provided separating the street from the parking area in accordance with the following minimum requirements:
(a) 
The width of the safety island shall be that width between the proposed street curb line to a point five feet inside the property line. When this width is less than 15 feet, the parking area shall be reduced to provide a minimum width for the safety island of 15 feet. All required tree and shrub planting shall be placed on the on site portion of the safety island.
(b) 
Safety islands shall be raised a minimum of six inches above the adjacent parking area.
(c) 
Safety island shall be topsoiled and seeded or otherwise landscaped, except that they may, in the alternative, be constructed of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.
(d) 
Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree, two and one-half inch D.B.H. and three evergreen type shrubs for each 600 square feet of island area.
(e) 
No commercial signs, light standards or other aboveground obstructions other than plantings shall be permitted in the safety islands.
(f) 
All safety islands and landscaped areas shall be enclosed with concrete curbs.
c. 
Screening of Refuse Area. Those areas adjacent to or within the parking area designated as refuse storage and pickup shall be properly screened to prevent the unsightly display and the scattering of debris.
The following minimum requirements shall apply:
1. 
The area shall be surrounded on at least three sides by a solid, uniform fence or wall not less than five feet nor more than eight feet in height and maintained in good condition. The wall of an adjacent building may serve as one side. The fence shall be exempt from the provisions of any ordinance of this Township regulating the height of fences and requiring permits therefor.
2. 
The opening in the screening wall or fence shall be so located as to prevent the visual display of refuse from any adjacent parking area or street.
d. 
Screening of Equipment or Machinery. When the effective operation of a building or structure or equipment within a building or structure necessitates placing machinery, motors, generators, or similar devices for cooling, heating or generating purposes, outside, visible from ground level, it shall be screened from public view. The screening may consist of any of the following materials:
1. 
Densely planted evergreen shrubs which shall grow to not less than five feet after one growing season.
2. 
A solid and uniform fence at least five feet in height on four sides of said equipment.
3. 
Masonry wall at least five feet in height on four sides of said equipment.
4. 
Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.
The screening shall not be considered as a substitute for proper measures or devices to assure the safety of persons and animals.
The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of the equipment to public view and access.
e. 
No building or structure shall be erected or no major reconstruction or change in use shall be made to an existing building or structure, unless provisions shall be made for the location on the lot, concurrently with the erection or major reconstruction or change in use, for offstreet parking facilities providing adequate parking spaces for both automobiles and bicycles on the basis of the following minimum requirements:
1. 
Automotive Repair, Garage, Body Shop: One parking space for each 450 square feet of gross floor area.
2. 
Automotive Sales Agency: One and one-half parking spaces for each 1,000 square feet of gross floor area for exclusive use of customers.
3. 
Automotive Service Station: Five parking spaces for each service bay, exclusive of vehicle service area. In no instance shall there be less than five offstreet parking spaces.
4. 
Banks, Savings and Loan, Etc.: One parking space for each 250 square feet of gross floor area.
5. 
Bar, Cocktail Lounge: One parking space for each 50 square feet of gross floor area.
6. 
Barber and Beauty Shop: Three parking spaces for each chair.
7. 
Bowling Alley: Five parking spaces for each alley. Other commercial uses within the same building shall be computed separately in accordance with this chapter.
8. 
Business Offices: One parking space for each 200 square feet of gross floor area.
9. 
Car Washes: Two parking spaces for each three employees plus offstreet storage space equal to at least five times the number of cars that can be in the wash process at one time. For self-wash or self-service car washes, the requirement for employee parking shall be eliminated.
10. 
Church, Temple or Chapel: One parking space for each four seats in the main auditorium. Where no individual seats are provided, 20 inches of bench shall be considered as one seat.
11. 
Community Club, Private Club, Lodge, etc.: One parking space for each 125 square feet of gross floor area.
12. 
Dwellings: One parking space for each dwelling unit for one and two family dwellings.
13. 
Dental or Medical Offices: One parking space for each 150 square feet of gross floor area, plus one space for each doctor and/or employee.
14. 
Drive-In Restaurant: One parking space for each 35 square feet of enclosed floor area, plus one parking space for each four seats.
15. 
Furniture, Appliance Stores, or Similar Types of Uses Requiring Large Amounts of Storage Space: One parking space for each 450 square feet up to 4,500, plus one parking space for each 800 square feet of gross floor area above 4,500.
16. 
Hardware, Auto Supply Stores: One parking space for each 450 square feet of gross floor area.
17. 
Hotel, Motel: One parking space for each rental unit plus two parking spaces for each three employees. Each commercial use within the building shall be computed separately according to this section.
18. 
Laundromats or Similar Coin Operated Cleaning: One parking space for each four cleaning units or fraction of four cleaning units.
19. 
Mortuary/Funeral Homes: One space for every 50 square feet in slumber rooms, parlors, and funeral service rooms.
20. 
Personal Service Establishment: One parking space for each 250 square feet of gross floor area, plus one space for each vehicle used in connection with the business.
21. 
Public and Private Utilities: Electrical substation, gas regulator, water works, etc. One space for each vehicle stored on the premises plus one parking space for each employee on the shift which has the greatest number of employees.
22. 
Restaurant, Cafe, Diner, etc.: One parking space for each 50 square feet of gross floor area.
23. 
Retail Stores, Except Otherwise Specified: One parking space for each 150 feet of gross floor area.
24. 
Shopping Centers: Six parking spaces for each 1,000 square feet of gross floor area for centers having less than 100,000 square feet. Shopping centers having more than 100,000 square feet shall provide parking at the rate of five and one-half spaces for each 1,000 square feet of gross floor area.
25. 
Warehouse, Wholesale, Machinery, or Large Equipment Sales: One parking space for each 1,500 square feet gross floor area. Plus spaces to accommodate all vehicles used in connection with the business.
f. 
Miscellaneous. In computing the number of the above required parking spaces, the following rules shall govern:
1. 
Where fractional spaces result, the required number shall be construed to be the nearest whole number.
2. 
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Township board considering the application.
3. 
Nothing in the above requirements shall be construed to prevent the joint use of offstreet parking facilities by two or more uses, provided the total of such spaces shall not be less than the sum of the requirements for various individual uses computed separately by the above requirements.
4. 
All required parking facilities shall be located on the same lot or parcel as the structure or use it shall serve, except as otherwise allowed in the C-4 zone.
5. 
No part of offstreet parking required by a structure or use shall be included as part of an offstreet parking requirement of another use unless substantial proof and assurances are established that the use of this parking will not be simultaneous.
6. 
All parking areas, passageways and driveways shall be surfaces with a dustless, durable, all-weather pavement, clearly marked for car spaces, except when provided in connection with one-family residences, and shall be adequately drained, subject to the approval of the Township engineer.
7. 
All parking areas and driveways serving commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided to protect adjacent properties from the glare of such illumination, and from that of automobile headlights, and also, to prevent any glare or blinding effect upon any lane of moving traffic.
8. 
All manufacturing or industrial uses in addition shall provide parking at the rate of two spaces for each three employees, or open more space for each 500 square feet of gross floor area. If the number of employees or the gross square footage of the principal building cannot be determined at the time of application, then sufficient land area shall be reserved to provide a total number of spaces at the rate of one space for each 500 square feet of land of maximum lot coverage permitted.
9. 
Special circumstances will allow alteration of the requirements of this section by the Township board considering the application.
g. 
Handicapped Parking. Every public building shall be provided with parking spaces for handicapped persons in off-street parking areas according to the guidelines established under N.J.S.A. 52:32-12.
[Ord. 3/3/88, § XII; Ord. #92-13]
Turn-around driveways, as defined in this chapter, shall be required for all residential uses having direct access on all county or municipal roads.
[Ord. #92-13]
Applicant may request a reduction in parking spaces up to a 20 percent reduction, so long as adequate open space is preserved for future parking of the remaining 20 percent.
[Ord. #95-17, § 29]
In addition to the requirements of subsections 15-4.7 and 15-4.8 all proposed development in the C-2 and C-3 Zones shall meet the following requirements:
a. 
To the maximum extent practicable, the proposed commercial development limits the number of and maximizes the distance between, access drives onto major roadways.
b. 
The proposed development maintains the existing rural character of the major roadway corridor through the preservation of existing vegetation along the corridor and/or supplemental plantings and landscaping.
c. 
The architecture of proposed structure and the layout and design features of the proposed development are consistent with the maintenance of the rural and aesthetic character of the area, particularly the existing visual character of the major roadway corridor.
d. 
Adequate buffering and screening provisions are included in the development plan to protect existing and potential future residential development of adjoining properties.
[Ord. #95-17, § 29]
a. 
All proposed uses, other than single-family dwellings, shall provide buffer areas along all side and rear property lines which abut areas zoned for residential use and along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. Except as may otherwise be provided in this chapter, the width of the buffer area shall be not less than ten feet or more than 50 feet, in accordance with the minimum provided for in the following schedule or as determined to be appropriate by the municipal agency.
1. 
Building size less than 15,000 square feet: ten feet.
2. 
Building size 15,000 to 50,000 square feet: 25 feet.
3. 
Building size greater than 50,000 square feet: 35 feet.
b. 
Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
c. 
No structure, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the municipal agency, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided.
d. 
Prohibited Activities Within Buffer Areas:
1. 
Removal, excavation, grading or disturbance of the soil.
2. 
Dumping or filling with any materials.
3. 
Erection of structures.
4. 
Placement of pavements or any impervious cover.
5. 
Destruction of plant life which would alter the existing pattern of vegetation or cause substantial change of the buffer, including but not limited to clear cutting, burning or application of herbicides.
e. 
Conditional Activities. The following activities may be conducted in buffer areas, provided that the activities are performed in a manner that minimizes adverse effects to the buffer area:
1. 
Normal property maintenance, which means activities required to maintain lawfully existing artificial and natural features, and landscaping.
2. 
Mowing of existing lawn or field.
3. 
Pruning of trees and shrubs.
4. 
Selective cutting of trees.
5. 
Replacement of existing nonnative plants with either native or nonnative species.
6. 
Limited supplemental planting of nonnative species that will not significantly change the character of the existing vegetational community of the buffer area. The creation of lawn is not considered supplemental planting.
7. 
Planting of native species.
8. 
Maintenance of artificial features, including the repair, rehabilitation, replacement, maintenance or reconstruction of any previously authorized serviceable structure.
9. 
Temporary placement of scaffolds, ladders or construction supports for a period not to exceed six months.
10. 
Removal of human-made debris by nonmechanical means which does not destroy woody vegetation.
[Ord. #95-17, § 29]
There shall be provided screening in accordance with the following regulations:
a. 
Location.
1. 
The location of screening within buffer areas wider than 20 feet shall be arranged in order to provide maximum protection to adjacent properties and to avoid damage to or interference within desirable existing plant material and shall be subject to approval by the municipal agency.
2. 
Those portions of the buffer area not included within the screening strip shall either contain existing vegetation approved by the municipal agency and/or be planted with trees and shrubs in accordance with a landscaping plan approved by the municipal agency.
b. 
Except as otherwise provided elsewhere in this chapter, the screening area shall be a minimum of 20 feet in width and shall be planted with evergreen trees approved by the municipal agency. Trees shall be planted in two staggered rows eight feet apart and shall be between five and six feet in height and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Within each row, the trees shall be planted on six-foot centers.
c. 
Where significant trees or significant native vegetation exists within a screening area, they should be retained and supplemented with shade-tolerant evergreen plantings to provide the equivalent of the required screening as determined by the municipal agency.
d. 
Where all proposed buildings, parking areas and other improvements are located 100 feet or more from a property line abutting a residential zone or use, the municipal agency may permit a screening area ten feet in width planted with a single row of evergreen trees in a location approved by the municipal agency, planted at five-foot intervals with a minimum height of five feet to six feet to be substituted.
e. 
The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residential zone or use. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residential zone or use, the municipal agency may require that the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residential zone or use, the municipal agency may permit the height of trees planted in the required screening strips to be decreased by an amount equal to one-half the difference in elevation, except that in no case shall the required height be reduced to less than four feet.
f. 
All trees in a screening area shall be watered weekly through the first growing season. The developer shall construct an earth saucer around each tree to hold water and fill with suitable mulch. Trees shall be nursery-grown, balled and bagged, sheared and shaped, of the required height and planted according to standards of the American Association of Nurserymen, Inc.
g. 
At the following locations within required screening areas, evergreen shrubs with a maximum mature height of 30 inches or less, approved by the municipal agency as to type, location and spacing, shall be provided in lieu of the evergreen trees specified above:
1. 
Within sight triangle easements.
2. 
Within 25 feet of intersections where sight triangle easements are not provided.
3. 
Within 25 feet of access drives.
h. 
Waiver. The municipal agency, after recommendation by its professional staff and environmental commission, and after examination and review, may waiver, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions and/or may require supplementary plantings.
[Ord. #95-17, § 29; Ord. #2009-10, §§ 2, 3]
No topsoil, subsoil, sand or gravel shall be removed from any property or site in any zone unless and until a soil removal permit and/or license shall be obtained or is exempted pursuant to Chapter 54 of the Code of the Township of Plumsted.
a. 
Importation and Placement of Dredge Materials Prohibition. The importation and placement of dredge materials onto any land within the Township of Plumsted shall be prohibited unless the property owner complies with the following conditions:
1. 
The applicant must provide to the Township's Zoning Officer a permit issued by the New Jersey Department of Environmental Protection, Office of Dredging and Sediment Technology indicating they have received approvals from that Department for the importation and placement of said material.
2. 
The applicant shall submit to the Plumsted Township Land Use Board an application for a site plan approval and shall pay all appropriate escrows and application fees therefore in accordance with the applicable site plan schedule.
3. 
The applicant shall be required to maintain an inspection escrow account to pay for the Township Engineer to perform all site inspections on at least a monthly basis. A minimum of two hundred fifty ($250) dollars shall remain on deposit at all times with respect to this escrow account.
[Added 11-6-2019 by Ord. No. 2019-11]
a. 
Purpose.
1. 
The purpose of this section is to manage the importation and deposition of soil/fill to protect the safety, public health, and general welfare of the community and the environment. The adoption and enforcement of this section does not exempt an applicant from other required local, state or federal approvals or local Soil Conservation District requirements and is meant to act in conjunction with all Soil Conservation District requirements and other applicable requirements with regards to acceptability and placement of soil/fill materials.
2. 
This section does not apply to soil/fill imported for the purposes of remediation pursuant to the Administrative Requirements for the Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C) and Technical Requirements for Site Remediation (N.J.A.C. 7:26E), operation and/or closure of sanitary landfills (N.J.A.C. 7:26) or dredge repository sites approved by state or federal agencies.
b. 
Definitions.
1. 
For purposes of this section, the terms used herein are defined as follows:
ACCEPTABLE SOIL/FILL
Non-water-soluble, non-decomposable, inert solids such as soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete, brick, glass, and/or clay or ceramic products, free of construction/demolition debris, garbage, refuse, or sludge and not containing concentrations of one or more contaminants that exceed the New Jersey Department of Environmental Protection (NJDEP) Residential Direct Contact Soil Remediation Standards or Non-Residential Direct Contact Soil Remediation Standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D, Remediation Standards.
APPLICANT
The property owner requesting a soil importation permit as provided for in this section.
CONSTRUCTION/DEMOLITION DEBRIS
Mixed-waste building material and rubble resulting from construction, remodeling, repair, and demolition operations on houses, commercial buildings, pavements and other structures that includes, but is not limited to, treated and untreated wood scrap; tree parts, tree stumps and brush; plaster and wallboard; roofing materials; corrugated cardboard and miscellaneous paper; ferrous and nonferrous metal; non-asbestos building insulation; plastic scrap; carpets and padding; and other miscellaneous materials.
CONTAMINATED PROPERTY
Any property, including but not limited to structures, sediment, soil and water, that contains a contaminant which is present at such levels or concentration as to require action pursuant to any federal or state statutes or regulations.
CONTAMINATED SOIL/FILL
Any soil/fill containing contaminants exceeding the current requirements for the most stringent concentrations between the Non-residential and Residential Direct Contact Soil Remediation Standards pursuant to N.J.A.C. 7:26D, Remediation Standards.
DREDGED MATERIAL
Sediments removed from under a body of water such as, but not limited to, a bay, harbor, lake, stream and river, removed during a dredging operation that are displaced or removed to another location.
FILL
Material placed at a location for the purpose of filling low areas, changing the contours of an area, stabilizing existing grades and/or raising the grade of an area. "Fill" usually consists of soil, but may also include non-water-soluble, non-decomposable, inert solids, such as rock, gravel, brick, block, concrete, glass, and/or clay or ceramic products or any combination thereof.
PERMIT
The official document issued by the Municipality approving the soil importation application.
PERSON
Includes an individual, firm, corporation, association, society or partnership, or other business entity and their agents or employees.
REMEDIAL ACTION
As defined in the Technical Requirements for Site Remediation (Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken at a contaminated site as may be required by the Department, including, without limitation, removal, treatment measures, containment, transportation, securing, or other engineering or institutional controls, whether to an unrestricted use or otherwise, designed to ensure that any contaminant is remediated in compliance with the applicable remediation standards. A remedial action continues as long as an engineering control or an institutional control is needed to protect the public health and safety and the environment, and until all unrestricted use remediation standards are met.
REMEDIATION
As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8, all necessary actions to investigate and cleanup or respond to any known, suspected, or threatened discharge, including, as necessary, the preliminary assessment, site investigation, remedial investigation and remedial action; provided, however, that "remediation" or "remediate" shall not include the payment of compensation for damage to, or loss of, natural resources.
c. 
Permit required. No person shall cause the placement of any soil, as defined in § 54-4, on any premises in the Township of Plumsted whether such material be for sale or gift, unless a permit therefor is first secured from the Township Engineer or the Township Land Use Board as hereinafter provided.
d. 
Exceptions and exemptions. A permit shall not be required when any of the following exceptions/exemptions are applicable:
1. 
Virgin quarry products including, but not limited to, rock, stone, gravel, sand, clay and other mined natural products.
2. 
Fill for septic tanks or sanitary installations provided a permit has been issued by the Construction Official and/or Department of Health as required by law.
3. 
The placement of soil in and upon lands enrolled in the Soil Conservation Program of the Ocean County Soil Conservation District, Department of Agriculture Soil Conservation Service and for which lands an approved farm plan has been established by said agency.
4. 
The placement of any soil undertaken in furtherance of a subdivision or site plan approval issued by the Township of Plumsted Land Use Board.
5. 
The placement of any soil in furtherance of an environmental site remediation that is supervised by a licensed site remediation professional.
6. 
The storage of sand, soil, stone, topsoil, mulch or other similar materials on lawfully existing landscaping and contractor yards.
7. 
Minor filling associated with landscaping activities at any property where less than 100 cubic yards, per year, of acceptable soil/fill material is being deposited.
8. 
Acceptable soil/fill material being moved from one section of an owner's property to another section of the same property.
9. 
The Township and any of its commissions/boards are exempt from any fees associated with this ordinance.
10. 
The Mayor and Township Committee shall have the right, upon written request to grant partial or complete waivers from the requirements of this section for any volunteer or nonprofit group or charitable/religious organization.
e. 
Application for minor permit. The property owner receiving the soil/fill material is responsible for obtaining the permit.
1. 
Application for a soil importing permit is required for 100 to 500 cubic yards. It shall be filed with the Township Engineer who shall issue the permit based upon finding substantial compliance with the provisions of this section; provided, however, the Township Engineer shall have the authority to deny a permit if it is determined that the placement of soil would be detrimental to the health, safety or welfare of the general public. The approval or denial shall be provided to the applicant within 30 business days of the Township Engineer's receipt of the application. In the event the Township Engineer has not responded within that time frame, the applicant shall be notified via regular mail or email that additional time is required.
2. 
Application for a soil importing permit shall be accompanied by a fee calculated in accordance with Subsection j.
3. 
The application shall set forth the following:
(a) 
Name and address of the applicant.
(b) 
Name and address of the owner, if other than the applicant.
(c) 
Executed authorization/permission from the property owner to conduct any and all activities that are set forth in the permit.
(d) 
The description and location of the land in question, including the tax map block and lot numbers.
(e) 
The purpose or reason for placement of soil/fill.
(f) 
The nature and quantity, in cubic yards, of soil/fill to be imported.
(g) 
The source of material to be used as soil/fill and certification that the soil/fill can be considered "clean fill" as regulated by local and state regulations, as per DEP standards for residential clean fill.
(h) 
Source from where the soil/fill is coming to be shown on the plans, including tax lot and block; owner's name and municipality.
(i) 
The location to which the soil/fill is to be placed.
(j) 
The proposed date of completion of the soil/fill (no permit shall be issued for a period greater than one year from the date of issue).
(k) 
Other supporting documentation as required to adequately address and comply with the purpose and the provisions of this section.
(l) 
An approved soil erosion and sediment control permit (if applicable).
f. 
Major soil importing application referral to Land Use Board.
1. 
The application for a major soil/fill importing placement permit, defined as any application to import in excess of 500 cubic yards, shall be referred to the Land Use Board for site plan approval. In addition to complying with the requirements of Subsection a3, any such application shall also be accompanied by a topographic map or maps prepared and certified by a professional engineer, architect, or landscape architect. The scale of said map shall not be more than 100 feet to the inch and shall include the following:
(a) 
Key map.
(b) 
Existing contour lines at five-foot intervals.
(c) 
Proposed contour lines at five-foot intervals after the soil/fill is placed on the parcel.
(d) 
All existing structures, all existing roads and drainage within 200 feet of the property.
(e) 
Location of all property lines.
(f) 
Location of any wetlands, streams, or other environmentally sensitive areas on the property.
(g) 
Source from where the soil/fill is coming from shall be shown on the plans, including tax lot and block; owner's name and municipality.
(h) 
Location of any topsoil or fill storage areas.
(i) 
Soil erosion and sediment control measures.
(j) 
Cross sections of the soil/fill areas at fifty-foot intervals.
2. 
The Land Use Board shall schedule a public hearing and shall notify the applicant of the date of such hearing. The applicant shall provide notice in accordance with Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Five days prior to the hearing, the applicant shall present to the Township Land Use Board Secretary the following:
(a) 
Certification, in the form of an affidavit, signed and sworn by the applicant, affirming that he has notified all property owners within 200 feet, including certified notice receipts.
(b) 
Proof of publication in the official newspaper of the Township at least 10 days prior to the hearing.
3. 
The Land Use Board shall require an applicant to post the application and escrow fees as may be required pursuant to site plan review.
g. 
Factors to be considered in approving permits. The Township Engineer (minor permit) and the Township Land Use Board (major permit) shall be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning. Particular consideration shall be given to the following factors:
1. 
Soil erosion by water and wind.
2. 
Surface water drainage.
3. 
Soil fertility.
4. 
Lateral support of abutting streets and lands.
5. 
Public health and safety.
6. 
Land values and uses.
7. 
Existing contours and topographic character of the land prior to the placement of any soil/fill and proposed contours which will result subsequent to the placement of soil/fill in accordance with the soil fill application.
8. 
Whether the proposed placement of soil is necessary and incidental to the development of the property for its intended use or whether the proposed placement of soil/fill constitutes primarily a commercial activity.
9. 
Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the municipality.
10. 
Comments and recommendations of the Municipal Engineer.
h. 
Issuance of permit and operating requirements.
1. 
A permit shall be issued after the approval of the application by the Township Engineer (minor permit) or by the Township Land Use Board (major permit). The approval shall specifically list the total number of cubic yards of soil/fill authorized to be placed on the property.
2. 
If a permit is issued for the placement of soil/fill, the owner or person in charge shall conduct the operations to ensure there are no sharp declivities, pits or depressions, and in such a manner that the area shall be properly leveled off, cleared of debris, and graded to conform with the contour lines and grades as required and shown on the approved plan.
3. 
Soil/fill shall not be deposited or in any way placed upon adjoining property or public roads. Any soil/fill or material resulting from any such operation accumulating on any adjoining property or public road shall be removed immediately upon notice to the permittee of such accumulation.
4. 
Upon completion of any operation delineated on the approved plan, said area shall be properly leveled off, cleared of debris, and graded to conform to the contours and grades as approved by the Township Engineer or Land Use Board. A final as-built map for all major soil/fill permits shall be submitted containing and complying with all requirements as set forth in this section.
5. 
Any soil/fill material temporarily stored shall not exceed a height of 20 feet, and the maximum storage slope shall be 45°.
i. 
Enforcement.
1. 
The Zoning Officer or other official designated by the Township Committee shall have the authority to enforce the provisions of this section and to issue summonses to any person importing soil without a permit.
2. 
The Township Engineer is designated as the official whose duty it shall be to enforce the provisions of this section with respect to persons importing soil with a permit. The Township Engineer shall inspect the premises, at a minimum quarterly, for which permits have been granted to ensure compliance with the terms of the permit and of this section. As part of the application process the applicant will acknowledge that the Township Engineer shall have the right to enter upon the property in question for the purpose of examination and inspection of the operation without advance notice.
3. 
After notice and an opportunity to be heard before the Township Engineer the permit of any person may be revoked or suspended for such period as may be determined for any violation of the terms hereof or the terms and conditions of any permit granted hereunder. In addition to the revocation provided for herein, any person who violates this section or any director or officer of a corporation who participates in a violation of this section shall, upon conviction thereof, be subject to a minimum fine of $2,000, or imprisonment for a period not to exceed 90 days, or both. Each and every day that such violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense.
4. 
In addition to the penalties set forth in Subsection i2 above, the Township shall have the right, but not the obligation, to pursue injunctive relief in the Superior Court of New Jersey, Ocean County, including but not limited to, requiring the removal of any soil imported without a permit, testing to ensure no presence of contaminated soil, and site restoration.
5. 
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
j. 
Permit and inspection fees.
1. 
The permit fee for a minor soil permit shall be $150 and an escrow deposit for Township Engineer review of $500.
2. 
The permit fee for a major soil permit of shall be $150 and an escrow deposit with the Land Use Board of $3,000.
3. 
The applicant shall be responsible for all fees of the Township Engineer incurred in reviewing applications and making inspections prior or subsequent to the issuance of a permit of any kind.
[Ord. #95-17, § 29]
The dumping of refuse, waste material or other substances is prohibited in all districts within the Township.
[Ord. #95-17, § 29]
The operation of a junkyard, as defined herein, shall be a prohibited use in all zoning districts.
[Ord. #95-17, § 29]
Mobile homes, as defined herein, shall be a prohibited use in all zoning districts, excepting the Mobile Home Park Zone, as defined herein.
[Ord. #95-17, § 29]
The processing of animals shall be prohibited in all zoning districts. Animal processing shall include the curing, tanning, processing, or finishing of hides, skins or fur; fat rendering; animal reduction; and abattoirs.
[Ord. No. 2013-03; Ord. No. 2013-15]
a. 
Accessory Solar Energy Systems.
1. 
Purpose. The primary purpose of an accessory solar system, whether arranged as a single solar panel or a solar panel array, shall be to provide energy for the principal use and other permitted accessory uses on the property where the accessory solar system is located and shall not be for the generation of power to be sold for commercial purposes. This provision shall not be interpreted to prohibit the disposition of excess power generated from an accessory solar energy system back to a public electric utility provider by which the principal use is served.
2. 
Roof-Mounted Solar Energy Systems.
(a) 
Roof-mounted solar energy systems are permitted accessory uses in all zones.
(b) 
Installation of a roof-mounted solar energy system on an existing structure in compliance with the provisions set forth herein shall require a zoning permit. If, in the opinion of the Zoning Officer, the installation of the solar energy system does not satisfy the provisions of this subsection, the applicant shall be directed to file a site plan or variance application with the Land Use Board.
(c) 
A roof-mounted solar energy system constructed on a flat roof shall not be more than six feet higher than the height of the finished roof.
(d) 
In no instance on roof-mounted installation on a sloped roof shall any part of the system extend more than 12 inches above the roof.
3. 
Ground-mounted solar energy systems.
(a) 
Ground-mounted solar energy systems equal to 40% of the principal structure roof area or less of total solar panel surface shall be a permitted accessory use in all zones, shall require a zoning permit and are subject to the following standards:
(1) 
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance.
(2) 
Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
(3) 
Systems shall not exceed ten feet in height.
(b) 
Ground-mounted solar energy systems containing greater than 40% of the principal structure roof area in residential zones shall require site plan approval from the Land Use Board.
(c) 
No more than 1,500 SF of vegetation may be cleared for a ground-mounted solar energy system without compensatory planting in accordance with Subsection b7, below.
(d) 
A ground-mounted solar energy system located within the Pinelands shall require a Certificate of Filing from the Pinelands Commission if not located on an existing impervious surface as required by the Pinelands CMP.
(e) 
Ground-mounted solar energy systems containing greater than 40% of the principal structure roof area require minor site plan approval, prior to obtaining a zoning permit and are subject to the following standards:
(1) 
Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance. Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Development Ordinance;
(2) 
Systems shall not be constructed in uninterrupted structures, but shall be arranged so that no single contiguous panel area exceeds 40% of the principal structure roof area.
(3) 
Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
(4) 
Systems shall not exceed ten feet in height unless erected above a parking lot, in which instance the system shall not exceed 18 feet in height.
(5) 
Systems shall be screened from public rights-of-way and adjacent properties via fencing or landscaping.
b. 
Principal Solar Systems.
1. 
A solar array on land as the primary use of the land which consists of one or more cell(s) designed to collect and convert solar power into another form of energy that will be used for the generation of power for the sale of energy to other users not on-site.
2. 
Principal solar systems are not permitted in a residential zone.
3. 
A principal solar system shall be permitted in all nonresidential zones subject to specific criteria set forth below:
(a) 
Shall be subject to site plan approval in accordance with the Land Development Ordinance.
(b) 
When located in the New Jersey Pinelands shall be subject to all requirements of the Pinelands Comprehensive Management Plan.
(c) 
Submit a stormwater management plan that demonstrates stormwater will infiltrate into the ground post-development at a rate equal to pre-development.
(d) 
No more than 50% of the developable area of a site shall be utilized for a solar energy system on properties that meet the definition of an agricultural use.
(e) 
All on-site utility and transmission lines shall be installed underground.
(f) 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations or fence.
(g) 
The applicant shall submit a plan for the removal of the principal solar energy system including all solar panels, inverters, transmission lines, electrical wires, storage houses, utility buildings and other items related to the collection and generation of solar energy when it becomes functionally obsolete.
(h) 
At a minimum, a 25 foot wide access road must be provided to the site.
(i) 
At a minimum, a 12 foot wide cartway shall be provided between solar panel racking systems to allow for maintenance vehicles and emergency management vehicles.
4. 
Setback Requirements: The purpose of setback standards is to preserve the rural viewsheds along county and state roads in accordance with Township, county and state master plans, protect existing residential developments from abutting large scale utility operations and to mitigate adverse noise impacts generated from large solar energy systems.
(a) 
All setback requirements for all solar systems shall conform to the "principal use" setbacks of the zoning district.
5. 
Height. Ground-mounted panels shall not exceed 10 feet in height. Height shall be measured from the mean finish grade to the top of the solar panel.
6. 
Fences. All mechanical equipment for the solar energy system including any solar panels, invertors, buildings, structures for batteries or storage cells, shall be completely enclosed by a minimum 12 foot high fence. Fences are not permitted in the front, side or rear yard setbacks.
7. 
General Buffer and Screen Composition.
(a) 
Purpose and Applicability
(1) 
Buffers and screens shall be included with all site plan applications.
(2) 
The primary purpose of screening buffers is to preserve the rural viewsheds along roads in accordance with Township, county and state master plans, protect existing residential developments from abutting large scale utility operations and to mitigate adverse noise impacts generated from large solar energy systems, and protect the rural character of Plumsted Township and adjacent properties.
(b) 
A 50 foot screening buffer is required from all property lines.
(c) 
Screening buffers shall consist of non-invasive shrubbery, trees, and plants which provide an opaque screen. Native Pinelands vegetation shall be used in Pinelands areas.
(d) 
Screening buffers may be comprised of existing vegetation, natural features, proposed new or transplanted vegetation, existing or proposed fences or walls, and/or berms. When berms are included in a buffer screen, then a curvilinear or naturalistic arrangement is required.
(e) 
No structure, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.
(f) 
Screening buffers shall be designed, planted, graded, and developed with the general guideline that buffer must obscure the solar energy system and mitigate noises generated at the site.
(g) 
Screening buffers shall contain two shade trees, two evergreen trees, and 20 shrubs per 50 linear feet.
8. 
A tree survey shall be performed and submitted as part of the site plan to locate any trees with a caliper of four inches or greater. For each tree of four inches or greater caliper removed for the project, two trees shall be planted in compensation.
(a) 
No more than 80% of the site shall be cleared in non-Pinelands areas. In Pinelands areas, the project shall comply with Pinelands standards.
9. 
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and associated soil compaction. Existing roadways need not be modified unless required for emergency vehicle access.
c. 
Development Standards for All Solar Energy Systems.
1. 
Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties, businesses, residences, or roadways. The applicant shall submit a certification from an engineer or manufacturer that the design will not cause a reflection or noise nuisance to adjacent property owners or flow of traffic on nearby roadways.
2. 
If a ground-mounted solar energy system is taken out of service, it shall be removed and the area graded and reseeded within six months.
3. 
All electrical and power lines shall be located underground.
4. 
No part of a solar energy system shall be located in a front, side or rear yard setback.
5. 
No portion of the solar energy system shall contain or be used to display advertising.
6. 
Before construction commences on any solar energy system, the property owner must acknowledge that he/she is the responsible party for owning and maintaining the solar energy system.
7. 
Ground-mounted solar energy facilities or structures covering an area greater than 400 square feet face shall provide one or more of the following beneath the structures: meadow grasses or agricultural area for crops or grazing farm animals. They shall not be allowed to store any material under the panels regardless of size. However, to the extent that ground-mounted solar energy facilities or structures are installed over an existing impervious surface, such as concrete or asphalt, the provisions of this subsection shall not apply to such solar energy system.
8. 
Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continued access to sunlight for solar energy systems.
9. 
All solar energy facilities or structures, including but not limited to associated electrical control equipment, wiring, and similar equipment shall be labeled and secured to prevent unauthorized access or tampering.
10. 
Abandonment.
(a) 
Solar energy facilities or structures that are out of service for a continuous 12 month period will be deemed to have been abandoned.
(b) 
The Land Use Board may require as a condition of final site plan approval that a deed restriction be filed to mandate/fund the removal of the solar energy facilities or structures if operations have been discontinued for 12 months.
(c) 
Upon abandonment, the zoning officer or designee may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(d) 
The land owner shall have 30 days to respond with documentation to demonstrate that the solar energy facilities or structures have not been abandoned. If such documentation is provided and is deemed acceptable to the zoning officer, then he or she may withdraw the notice.
(e) 
Abandoned solar energy facilities or structures shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality. If removed by the owner, a demolition permit shall be obtained and the solar energy facilities or structures and/or any related materials shall be removed from the site and properly disposed. Upon removal, the site shall be cleaned, restored and revegetated to its prior condition.
(f) 
If solar energy facilities or structures are not removed by the owner within six months of receipt of notice from the Township that the solar energy facilities or structures have been deemed abandoned and removal is required, the Township may unilaterally remove the solar energy facilities or structures and place a lien upon the property for the cost of removal.
[Ord. #95-17, § 30]
a. 
General Standards and Principles. Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Township of Plumsted and, at the same time, appreciating the fact that they or any one of them may be or may become harmful to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the planning board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the planning board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a conditional use approval. In acting upon an application for conditional use approval, the planning board shall be guided by the following general standards and principles.
1. 
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
2. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:
(a) 
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(b) 
The adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s).
(c) 
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(d) 
The adequacy of proposed outdoor lighting.
3. 
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
4. 
Conditional uses shall adhere to the standards of the zone in which located and to the additional standards specified for the particular use under this section, except where no additional standards are specified herein.
[1]
Editor's Note: Former Subsection 15-6.1, Community Residences for Developmentally Disabled and Community Shelters for Victims of Domestic Violence, formerly codified herein and containing portions of Ordinance No. 95-17 was repealed in its entirety by Ordinance No. 2002-11.
[Ord. #95-17, § 30]
Churches and places of worship may be permitted as a conditional use in those zoning districts specified, provided that the lot, use and structures shall adhere to the following:
a. 
The required minimum lot shall be two acres.
b. 
The required minimum lot width shall be 200 feet.
c. 
The required minimum lot frontage shall be 200 feet.
d. 
No principal building shall be located closer than 100 feet to any public street right-of-way and no closer than 50 feet to any rear or side property line.
e. 
No accessory building or structure shall be permitted in any front yard, nor shall any accessory building or structure be located closer than 30 feet to any rear or side property line.
f. 
The maximum permitted building coverage shall be 25 percent.
g. 
The applicant shall submit a list of proposed activities and anticipated participants, a timetable reflecting the hours in which each building will be used and any other pertinent use and activities intended to take place on the site.
h. 
The property shall front, and the primary access to the site shall be located, on a major roadway.
[Ord. #1999-10, §§ 1, 2]
Property located within the Township of Plumsted which has been accepted into the New Jersey Farmland Preservation Program, and has been restricted from development by the regulation governing the Farmland Preservation Program, shall be permitted to subdivide a one acre single-family residential lot regardless of the zoning district. The subdivision must receive the approval of the Farmland Preservation Program.
a. 
Purpose. The purpose of this section is to permit farmland to be preserved by limiting the area of residential parcels to one (1) acre. In zoning districts, which require minimum lot size in excess of one (1) acre, a conditional permit may be issued if the one acre single-family residential lot is subdivided from farmland preservation property. By permitting the reduced area of single-family residential lots, the Township intends to promote the preservation of farmland. All conditional approvals for subdivisions under this section must receive the approval of the Farmland Preservation Program.
[Ord. #2012-02, § 2]
The State of New Jersey has adopted under N.J.A.C. 8:64 Medical Marijuana Program Rules and N.J.S.A. 24:61-1 (P.L. 2009, c.307) and all of the terms contained, therein are hereby adopted and incorporated as fully as if they were set forth at length herein. They shall become part of the requirements to be complied with as this conditional use. Only one cultivation and one dispensing site shall be permitted within the Township. They may be combined on one site or on separate sites.
The following are required:
a. 
Access from a rural major collector (Routes 528, 537, 539) as defined in the master plan.
b. 
Not in a Drug-Free Zone.
c. 
Minimum Area.
1. 
10 acres for cultivation or a combined site;
2. 
2 acres for dispensing only.
d. 
Minimum Lot Frontage.
1. 
400 feet along a rural major collector for cultivation or a combined site;
2. 
250 feet for dispensing only.
e. 
Minimum Lot Width.
1. 
400 feet for cultivation or a combined site;
2. 
250 feet for dispensing only.
f. 
Minimum Lot Depth.
1. 
500 feet for cultivation or a combined site;
2. 
250 feet for dispensing only.
g. 
Setbacks.
1. 
Cultivating or combined site front, rear and side-100 feet;
2. 
Dispensing only, front-100 feet; side and rear-50 feet.
h. 
Lot Coverage. 30%
i. 
Building Height. Principal and accessory-50 feet.
j. 
Buffers.
1. 
Cultivation or combined site 25 feet screened landscape rear and side for open fields or 50 feet if natural vegetation is preserved.
2. 
Dispensing only, 25 feet screened landscape rear and sides.
k. 
Parking. One space per 150 s.f. for retail and dispensing, and one space per 1,000 s.f. for cultivation.
l. 
Loading Zone. One per site, not in front yard.
m. 
Fire Requirement. Same as subdivision requirements.
n. 
A report analyzing the applications effect on law enforcement, fire companies, first aid and all first responders.
o. 
Signage per N.J.A.C. 8:64.
p. 
A restoration bond and/or cash escrow, or any combination thereof, in an amount determined by the board to indemnify the Township for financial liability and costs related to any event associated with the bankruptcy or abandonment of the property/project by the applicant or any successor thereof.
[1]
Editor's Note: Former § 15-7, Site Plan Review, subsections 15-7.1 through 15-7.1C were moved to § 14-4A, subsections 14-5.1 through 14-5.4. Former subsections 15-7.2 through 15-7.13 were moved and amended in their entirety to § 14-5.1 through 14.5.6 and 14-7.7a.
[Ord. #83A, § 8.01; Ord. #87A]
Where, on August 11, 1975, lawful use of land exists that is made no longer permissible under the terms of this chapter, such use may be continued, subject to the following provisions:
a. 
A structure which is not in conformance with this chapter on August 11, 1975 may be expanded without any action by board of adjustment once, up to 50 percent of its existing size; provided, however, that the total expanded structure shall meet the requirements of this chapter.
b. 
No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on August 11, 1975.
c. 
If any such nonconforming use of land ceases for any reason, for a period of one year or more, any subsequent use of such land shall conform to the regulations specified by this chapter for the zoning district in which such land is located.
Where a lawful structure exists on August 11, 1975 that could not be built under the terms of this chapter by reason of restrictions on lot area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued, subject to the following provisions:
a. 
No such structure may be enlarged or altered in a way which increases its nonconformity.
b. 
Any such structure may be restored or repaired in the event of partial destruction or deterioration. Where the foundation of the structure is left remaining, the structure shall be considered partially destroyed and the nonconforming structure may be rebuilt and used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure. In the event that the structure, including the foundation, is destroyed, the entire structure shall be considered destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by State statutes.
[Ord. #83A, § 8.03; Ord. #87A]
If a lawful use of a structure, or of structure and premises in combination, exists on August 11, 1975, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued subject to the following provisions:
a. 
No existing structure devoted to a use not permitted by this chapter, in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered in a manner which would increase the area by more than 50 percent of the area defined as nonconforming on August 11, 1975 without approval by the board of adjustment.
b. 
Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.
c. 
Any structure or structure and land in combination, in or on which a nonconforming use is converted to conform to the regulations for the district in which such structure is located, the nonconforming use may not thereafter be resumed.
d. 
When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
e. 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
f. 
The foregoing provisions of this section shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of districts under this chapter or any subsequent changes in the regulations of this chapter.
g. 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any Township official charged with protecting the public safety, upon order of such official.
[Ord. #2001-22, § I]
Any nonconforming lot in the RA-3 and RA-5 zone with respect to land area only and having a minimum of 40,000 square feet, which was created by previous subdivision action by the planning board, board of adjustment or land use board prior to April 9, 2001, may have a zoning permit issued for a permitted use without an appeal to the land use board provided that it is not located in a preservation zone as it appears in the Township's approved recreation open space plan as contained in the master plan and the building yard requirements are met for the new zoning restrictions.
[Ord. #2001-22, § I; Ord. #2007-17, § 1]
Any lot in the RA-3 and RA-5 zones, which had an existing structure prior to April 9, 2001 and is on an undersized lot, may have a zoning permit issued for a permitted use without an appeal to the land use board provided that the building yard requirements are met for the R-40 zone. On lots 20,000 square feet or less, the building yard requirements for the R-10 zone shall apply.
[Ord. #83A, § 9.01; Ord. #2007-15, § 2]
No signs, billboards, advertising structures or similar items shall be permitted except as follows:
a. 
One professional office announcement sign not over two square feet in area for each office use.
b. 
One home occupation announcement sign not over two square feet in area for each dwelling conducting a home occupation.
c. 
One lighted sign not to exceed 20 square feet in area at each driveway to a church, school, public museum or similar use, plus signs not to exceed four square feet in area necessary to provide directions to specific buildings and to offstreet parking areas. Such signs shall be set back a minimum distance of 20 feet from any street line.
d. 
One real estate sign not over six square feet in area advertising the sale, lease or rental of the building or lot on which it is maintained, said sign shall be distant from the street line not less than one-half of the front yard depth.
e. 
Signs of a temporary nature that identify an engineering, architectural or building contractor engaged in the construction of a building, provided such signs do not exceed a total area of 36 square feet and such signs are removed prior to occupancy of the building.
f. 
Signs of a temporary nature which direct attention to the sale of new lots, homes or dwelling units in a residential development, provided the total area of such signs shall not exceed 100 square feet and are removed immediately upon the occupancy of the last lot or house or dwelling unit in such development.
[1]
Source: 7:8-5.5(c) and New Jersey BMP Manual Chapter 4.
[Ord. #83A, § 9.03; Ord. #95-17, §§ 32, 33; Ord. #2000-15, § 3]
a. 
Any sign permitted in residential zones.
b. 
Wall Sign. One sign for each building or for each use in a building, provided the total area of all such signs does not exceed 20 percent of the building facade to which it is applied.
Where a building is located with frontage on more than one street, a sign or signs as provided herein above may be provided on each street. Such signs shall not extend more than one foot from the face of the building and shall not extend beyond the ends or top of the wall to which they are attached.
c. 
Free Standing Business Signs. One sign for each principal building, provided the total sign area shall not exceed one square foot for each lineal foot of road frontage. Where more than one road frontage exists, additional signs may be placed on such frontage but they shall be computed separately based on the above formula. In no instance shall the total road frontage on more than one road be used to compute the sign area permitted on any single road. Similarly, no one sign regardless of the amount of road frontage shall exceed 200 square feet. No sign shall exceed the building height limit of this zone, nor shall any part of any sign structure, supporting members or sign face be placed closer than 25 feet to any street line, or 50 feet from the point of intersection of any two street lines.
[Ord. #83A, § 9.04]
a. 
No sign, advertising structure, billboard, building structure or other object shall be erected, used or maintained which in any way simulates official, directional, or warning signs erected or maintained by the State of New Jersey, by any county or municipality thereof, or by any public utility or similar agency concerned with the protection of the public health or safety.
b. 
No illuminated sign shall be of such color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar safety or warning device.
c. 
The following advertisements are specifically prohibited: Any advertisement which uses a series of two or more signs placed in a line parallel to the highway or in similar fashion all carrying a single advertising message, part of which is contained on each sign.
d. 
Flood lights which are not shielded and are so located as to cause a glare or a blinding effect upon any lane of moving traffic.
e. 
The use of painted vehicles or trailers as signs or signs attached to the tops of such vehicles as prohibited.
f. 
No part of any sign shall be allowed to project into any required side yard by more than five feet.
g. 
A temporary sign for a specific purpose or event not conforming to this chapter may be allowed by resolution of the Township committee.
[Ord. #83A, § 9.05]
All commercial, retail or wholesale establishments who display goods, automobiles, equipment, trailers, boats, shrubbery, etc., shall comply with the following standards and requirements:
a. 
No item for sale shall be displayed, stored or parked closer than 20 feet from any street right-of-way line nor closer than 25 feet from an intersection of two street right-of-way lines as established in Subsection 15-5.4.
b. 
No banners or flags shall be permitted other than such advertising as may be permitted by this chapter, except by special decree of the Township committee.
[Ord. #2008-07, § I]
Existing free-standing business signs (not including billboards), having been in existence for ten (10) years or longer, whether permitted or not; may be relocated or replaced within the same lot or on an adjoining lot, if in common ownership, to the same setback as existed prior to the relocation or removal.
The replacement sign must be relocated/replaced within the same zone that the previous sign existed. The sign shall be replaced within two years of the existing sign removal and must be the same size or smaller. At its new location it shall not violate any sight triangle restrictions.
The replacement sign may be installed without requiring an appearance before the Land Use Board but must acquire the appropriate permits from the municipality.
[Ord. #83A, § 10.01; Ord. #87A, §§ 23, 25, 26; Ord. 3/3/88, § XIV; Ord. #95-17, § 34; Ord. #2007-01, § I; Ord. #2011-04]
a. 
For the purpose of this chapter certain terms and words are herewith defined as follows. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular, the word "building" includes the word "structure," the word "shall" is mandatory.
1. 
ACCESSORY BUILDING — Shall mean a subordinate building or structure on the same lot with a main building, the use of which is incidental to that of the main building. Where an accessory building is attached to the main building in a substantial manner by a wall or roof, such accessory building shall be considered part of the main building.
2. 
ACCESSORY USE — Shall mean a use of a nature customarily incidental and subordinate to the main use of the premises.
3. 
ALTERATIONS — Shall mean as applied to a building or structure, a change or rearrangement in the structural parts of the existing facilities or an enlargement, whether by an extension of a side, an increase in height or a move from one location or position to another.
4. 
AUTOMOBILE SERVICE STATION — Shall mean any premises used for the sale of gasoline and lubricants; the sale of and fitting of tires, batteries and automobile supplies; the washing of automobiles, but not including automobile repairs requiring a machine shop and not including automobile body repairs.
5. 
BASEMENT — Shall mean a story partly underground and having at least one-half of its height above the average level of the ground. A basement shall be counted as a story for height measurement if subdivided and used for dwelling or business purposes.
6. 
BUILDING — Shall mean any structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of any person, animal or chattel.
7. 
BUILDING HEIGHT — Shall mean the vertical distance measured from the mean elevation of the finished grade along the front of the building to the highest point of the roof for flat roofs, to the mean height level (between the eaves and ridge) for gable and hipped roofs, to the deck line for mansard roofs.
8. 
CELLAR — Shall mean a story having more than one-half of its height below ground. A cellar shall not be counted as a story for the purposes of height measurement.
9. 
CERTIFICATE OF OCCUPANCY — Shall mean a certificate issued by the building inspector and enforced by the zoning officer upon completion of the construction of a new building or upon a change in the occupancy of a building which certifies that all requirements of this chapter, or such adjustments hereof which have been granted by the board of adjustment, and all other applicable requirements, have been complied with.
10. 
CLUSTER DEVELOPMENT — Shall mean a residential development where a means of providing common open space which may serve both as recreation or conservation or open space lands created by reduced lot sizes and by grouping building lots in such a manner that the open spaces are evenly distributed, functional and are of sufficient size and width so as to enhance the spacious and natural characteristics of the development. The reduction of lot size in a conventional type development with no attempt to integrate and balance the open space areas shall not be considered a cluster development. There are two design criteria which distinguish cluster development from other forms of conventional development or modifications of conventional development. First, cluster development site planning involves the grouping of buildings or lots and buildings into modules. Each module which need not contain any predetermined number of buildings is set off from similar modules by intervening open space. This open space serves to give distinction and visual definition to each individual group or cluster of buildings. The second design criteria of cluster development is that the open space which results from a module layout is of sufficient size, shape and width so as to afford multiple use in the form of recreational activities and for conservation and open space purposes.
11. 
DWELLING — Shall mean:
(a) 
One-family. A detached residence designed for and/or occupied by one family.
(b) 
Two-family. A residence designed for and/or occupied by not more than two families each living independently of each other in separate dwelling units.
12. 
DWELLING UNIT — Shall mean one or more rooms, including a kitchen or kitchenette, located within a residence providing complete living facilities for one family or containing facilities and equipment for living, sleeping, cooking and eating.
13. 
FAMILY — Shall mean one or more persons all related to each other by birth, adoption or marriage occupying a single dwelling unit or doing their own cooking and living together as a single housekeeping unit, or an unrelated group of not more than four persons, all of whom are adults occupying a single dwelling unit, living together as a single housekeeping unit.
14. 
FILLING STATION — See "Automobile Service Station."
15. 
FRONTAGE — Shall mean the distance measured along a street right-of-way line between the two side lines of a parcel of land.
16. 
GARAGE, PRIVATE — Shall mean a detached accessory building or portion of a main building used only for the storage of motor-driven vehicles which are the property of and for the private use of, the occupants of the lot on which the private garage is located.
17. 
GARAGE, PUBLIC — Shall mean any premises, except those described as a private garage, used for the storage of vehicles, or where any such vehicles are repaired or kept for remuneration, hire, sale, or other business purposes.
18. 
HOME OCCUPATION — Shall mean an accessory use of a service character customarily conducted within a dwelling or accessory building, which is clearly secondary to the use of the dwelling for living purposes, and does not change the character thereof, nor have any exterior evidence of such secondary use, other than a nameplate not to exceed one square foot in area. The office of a physician, dentist or attorney, millinery, dressmaking, and tailoring; teaching of violin, piano, or other individual musical instrument, and other professions and/or trades which would have no noticeable impact upon the neighborhood, shall be deemed to be a home occupation.
19. 
HOTEL — Shall mean a building occupied, more or less, as a temporary abiding place of individuals, who are lodged with or without meals, and in which there are more than 15 sleeping rooms, occupied separately, and with no provisions being made for cooking in any individual room or apartment.
20. 
LOT—  Shall mean a single, unified tract of land located within a single block which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single or unified ownership or control. Such lot shall have frontage on a street; shall be of at least sufficient size to meet minimum zoning requirements for use and areas and shall provide such yards and other open spaces as herein required.
21. 
LOT LINES — Shall mean the lines bounding a lot as defined herein.
22. 
LOT OF RECORD — Shall mean a lot which is a part of a subdivision, the map of which has been recorded in the office of the county clerk.
23. 
LOT TYPES — The terminology used in this chapter with reference to lot types is as follows:
(a) 
Corner lot. A lot located at the intersection of two or more streets.
(b) 
Interior lot. A lot other than a corner lot with only one frontage on a street.
(c) 
Through lot. A lot other than a corner lot with frontage on two streets.
24. 
LOT AREA — Shall mean the total horizontal area included within lot lines. Where the front lot line is the centerline of a street, or lies in part, or in whole, in the street area, the lot area shall not include that part of the lot in use, or to be used, as the street.
25. 
LOT FRONTAGE — Shall mean that portion of a lot extending along a street line.
26. 
LOT DEPTH—  Shall mean the shortest normal distance between the front lot line and a line drawn parallel to the front lot line or front lot line chord through the midpoint of the rear lot line, provided that, in triangular lots having no rear lot line, the distance shall be measured to the midpoint of a line parallel to the front lot line which shall be not less than ten feet in length measured between its intersections with the side lot lines.
27. 
LOT WIDTH — Shall mean the horizontal distance measured at right angles to the lot depth 60 feet from the street line.
28. 
MAJOR STREET — Shall mean Routes 528, 539 and 537.
29. 
MOTEL — Shall mean a building or group of buildings, whether detached or attached units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing accessory offstreet parking facilities. The term, motel includes buildings designated as auto courts, tourist courts, motor hotels, motor lodges and similar terms.
30. 
NONCONFORMING BUILDING — Shall mean a building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.
31. 
NONCONFORMING LOT — Shall mean a lot or parcel which does not have the minimum width, depth or contain the minimum area for the zone in which it is located, or the use to which it is being put.
32. 
NONCONFORMING USE — Shall mean a use of a building or land that does not conform to the regulations of the zone in which it is located.
33. 
OFFSTREET LOADING AND UNLOADING SPACE — Shall mean an open hard-surfaced area of land other than a street or public way, the principal use of which is for standing, loading and unloading of motor trucks or tractors and trailers, to avoid undue interference with the public use of streets. Such space shall not be less than 12 feet in width, 45 feet in length and 14 feet in height, exclusive of access aisles and maneuvering space.
34. 
OPEN SPACE — Shall mean any area other than a required yard, screening strip, or recreation area which may hereafter remain as private or property dedicated to the Township and which shall have been so designated as such on any plan requiring approval by the Township.
35. 
PARKING AREA — Shall mean an open hard-surfaced area of land, other than a street, driveway or public way, the principal use of which is for the storage (parking) of passenger automobiles or commercial vehicles under two-ton capacity by the public, or as an accommodation to clients or customers.
36. 
PARKING SPACE, AUTOMOBILE — Shall mean space within a parking area or a building of not less than 200 square feet (ten feet by 20 feet), exclusive of access drives, aisles and ramps used for the storage of one passenger automobile or commercial vehicle under two-ton capacity.
37. 
SETBACK LINE — Shall mean a line within any lot, making the limits of any required yard area.
38. 
SIGN — Shall mean any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided however, that the following shall not be considered signs:
(a) 
Signs not exceeding one square foot in area and bearing only property numbers, post box numbers or names of occupants of premises.
(b) 
Integral decorative or architectural features of buildings, except letters, trade-marks, moving parts or moving lights.
(c) 
Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.
39. 
SIGN, ADVERTISING — Shall mean a sign which directs attention to a business, commodity, service, activity, or entertainment not necessarily conducted, sold or offered upon the premises where such sign is located.
40. 
SIGN, BUSINESS — Shall mean a sign which draws attention to a business, profession or to a commodity, service or entertainment sold or offered or conducted upon the premises where such sign is located.
41. 
SIGN, FLASHING — Shall mean any illuminated sign on which such illumination is not kept stationary nor constant in intensity or in color at all times when such sign is in use.
42. 
SIGNS, NUMBER — Shall mean and be considered for the purpose of determining the number of signs, to be a single display surface or display device containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, such elements shall be considered to be a single sign.
43. 
SIGN, SURFACE AREA — Shall mean the entire area within a single continuous perimeter enclosing the extreme limit of the actual sign surface, excluding any structural elements outside the limits of such sign not being or forming an integral part of the display. Only one side of a double-face or V-type structure shall be used in computing total surface area.
44. 
STREET — Shall mean a public or private thoroughfare which affords the principal means of access to abutting property.
45. 
STREET LINE — Shall mean the dividing line between the lot and the street right-of-way contiguous thereto.
46. 
STRUCTURE — Shall mean anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures including buildings, walls, fences, and billboards.
47. 
STRUCTURAL ALTERATIONS — Shall mean any change in the supporting members of a building such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
48. 
YARD — Shall mean an existing or required open space on the same lot with a principal building and which shall be unoccupied and unobstructed by any portion of a structure from the ground upward.
49. 
YARD, FRONT — Shall mean the minimum horizontal distance between the street line and the main buildings, or any projection of the usual steps or entrance way and extending for the full width of the lot.
50. 
YARD, REAR — Shall mean a space unoccupied, extending for the full width of the lot between the rear lot line and the extreme rear line of the principal building. On corner lots, the rear yards shall be considered as parallel to the street upon which the lot has its least dimension. On interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
51. 
YARD, SIDE—  Shall mean a yard between the main building and the side line of the lot and extending from the front lot line to the rear yard line.
52. 
ZONING DISTRICT — Shall mean an area or section of the Township in which the regulations regarding the use of buildings and premises, height of buildings and the yard space about structures are uniform and set apart and distinct from other areas or sections having different regulations and all of which areas or sections are designated by different delineations upon the zoning map which is made a part of this chapter and is on file in the office of the Township clerk.
53. 
ZONING MAP — Shall mean a delineation of the boundaries of areas or divisions of the Township for the purpose of regulating, limiting and determining, the height and bulk of buildings, the intensity of the use of lot areas, the areas of open spaces about the surrounding buildings for the purpose of classifying, regulating and restricting the location of trades and industries, and buildings designed for specified industrial, business and residential uses, and which map is on file in the office of the Township clerk.
54. 
ZONING OFFICER — Shall mean that person designated by the Township committee to administer and enforce the provisions of this chapter.
55. 
ZONING PERMIT — Shall mean a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
56. 
FARMING ACTIVITIES — Shall mean normal farming activities, including growing and harvesting of crops and breeding, raising and training of farm animals.
57. 
TURN-AROUND DRIVEWAY — Shall mean a paved or unpaved area used for the ingress or egress of vehicles, allowing access from a street to a building or other structure, facility, or use, and providing a space for vehicles to turn-around without having to back onto the adjacent roadway.
58. 
AGRICULTURE — Shall mean the production, keeping, or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding of any and all such animals; bees and apiary products; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agriculture as defined herein shall also include activities defined as agriculture as set forth in the General Ordinances of the Township of Plumsted in Chapter 2, entitled "Agriculture and Farming Activities," and Chapter 15, § 15-10a56, entitled "Farming activities."
59. 
BUILDING, PRINCIPAL — Shall mean a building in which is conducted the main or principal use of a lot on which said building is located.
60. 
CHILD CARE CENTER — Shall mean a child care facility for which a license is required from the Department of Human Services pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
61. 
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED — Shall mean any community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate-care facilities, supervised apartments living arrangements and hostels. Such a residence shall not be considered a health-care facility within the meaning of the "Health-Care Facilities Planning Act" (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.).
62. 
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE — Shall mean any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30-14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
63. 
DAY CARE CENTER — Shall mean the same as "child care center".
64. 
ESSENTIAL SERVICES — Shall mean underground gas, electrical, telephone, telegraph, cable T.V., steam or water transmission or distributor systems, including mains, drains, sewers, pipes, conduits and cables and including normal above ground appurtenances such as fire alarm boxes, police call boxes, light standards, poles, traffic signals, hydrants and other similar equipment and accessories in connection herewith, reasonably necessary for the furnishing of adequate service by public utilities or municipal or government agencies or for the public health or safety or general welfare.
65. 
FAMILY DAY care home — Shall mean any private residence approved by the Division of Youth and Family Services or an organization with which the Division contracts for family day care in which child-care services are regularly provided to no fewer than three and no more than five children for no less than 15 hours per week. A child being cared for under the following circumstances is not included in the total number of children receiving child-care services:
(a) 
The child being cared for is legally related to the provider;
or
(b) 
The child is being cared for as part of a cooperative agreement between parents for the care of their children by one or more of the parents, where no payment for the care is being provided.
66. 
FARMETTE — Shall mean a lot the principal use of which shall be for a detached single family dwelling and which can potentially meet the minimum requirements to qualify for reduced tax assessment under the New Jersey Farmland Assessment Act of 1964 (C.54:4-23.1 et seq.).
67. 
FLAG LOT—  Shall mean a lot not meeting the minimum frontage requirements for conventional development in the zone in which it is located and where access to the public road is by a narrow, private right-of-way or driveway.
68. 
GOLF COURSE — Shall mean an area of a minimum of 70 contiguous acres containing at least nine regulation golf holes, together with the necessary accessory uses and structures including, but not limited to, clubhouse, dining facilities and refreshment facilities, maintenance facilities and structures, provided the operation of such uses is clearly incidental and subordinate to the golf course.
69. 
JUNKYARD—  Shall mean any lot, structure or building or portion thereof used for the outdoor storage, collection, keeping, processing, purchase, sale or abandonment of junk, including scrap materials; or used for the dismantling, demolition or abandonment of structures, automobiles, equipment, machinery or parts thereof. The term "junkyard" as defined herein, includes automobile wrecking yards, salvage yards or recycling centers.
70. 
LOT COVERAGE — Shall mean the area of a lot covered by buildings and structures expressed as a percentage of total lot area.
71. 
MATURE FORESTED AREA — Shall mean a wooded area where the majority of the canopy trees are six inches in diameter or greater as measured at breast height.
72. 
MOBILE HOME—  Shall mean a factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit for one or more adult persons and with or without a permanent foundation, when located in a mobile home park.
73. 
MOBILE HOME PARK — Shall mean a parcel of land, or two or more parcels of land, containing no fewer than two sites equipped for the installation of manufactured homes, where these sites are under common ownership and control for the purpose of leasing each site to the owner of a manufactured home for the installation thereof and where the owner or owners provide services which include but shall not be limited to the construction and maintenance of streets; lighting of streets and other common areas; garbage removal; snow removal; and provisions for the drainage of surface water from home sites and common areas.
74. 
USE — Shall mean the specific purpose for which a parcel of land, or a building or a portion of a building, or a structure or a portion of a structure, is designed, arranged, intended, occupied or maintained.
75. 
USE, ACCESSORY Shall mean a use of land, or of a building or portion of a building, or of a structure or portion of a structure customarily incidental and subordinate to the principal use of the land, building or structure and located on the same lot with such principal use.
76. 
USE, CONDITIONAL — Shall mean a use permitted in a particular zoning district, only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Plumsted Township Planning Board.
77. 
USE, NONCONFORMING — Shall mean a use or activity occupying a building, structure or lot which does not conform to the use regulations for the zoning district in which the use or activity is located.
78. 
USE, PERMITTED — Shall mean a use of land, building or structure, or portion thereof, allowed in a zoning district and subject to the restrictions applicable to that district. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
79. 
USE, PRINCIPAL — Shall mean the main purpose for which a lot, building or structure is used.
80. 
USE, PROHIBITED — Shall mean a use of any land, building or structure, or portion thereof, that is not permitted in a zoning district.
81. 
WETLANDS — Shall mean the area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation" regulated by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.
82. 
WETLANDS TRANSITION AREA— Shall mean an area of land adjacent to a freshwater wetland which minimizes adverse impacts on the wetland or serves as an integral component of the wetlands ecosystem regulated by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.
83. 
GREENWAY LAND — Shall mean that portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Greenway land, or open space land, does not count toward minimum lot size requirements. A portion of the Greenway or open space land must be accessible to the residents of the development and/or the municipality, but land may also consist of farmland that is not accessible to the residents of the subdivision or the public.
84. 
IMPERVIOUS COVER — Shall mean any material placed on or above the earth, the artificial impacting of the earth, or any material change in the natural surface of the earth which essentially reduces or prevents the natural percolation of water or which reduces the undisturbed open space areas on the lot. Examples include, but are not limited to: structures, including eaves, roofs and roof overhangs, parking areas and driveways (whether hard surfaced or not), sidewalks, patios and decks, sport courts and pools.
85. 
PRIMARY CONSERVATION AREAS (PCAS) — Shall mean floodplains, wetlands, slopes over 10 percent and vernal ponds.
86. 
SECONDARY CONSERVATION AREAS (SCAS) — Shall mean areas of High Groundwater Recharge (11-17 inches per year), Natural Heritage Priority Areas, and Critical Habitat Areas as designated by the Landscape Project, as well as other scenic, natural, cultural and historic features such as viewsheds, natural swales, groves of trees, local landmarks and historic structures that may be unmapped but should be incorporated into site plans during the site visit.
87. 
SKETCH PLAN — Shall mean a layout of a proposed subdivision, site plan or development scheme of sufficient accuracy to be used for the purpose of discussion and classification. Sketch plan can also be referred to as a sketch plat or conceptual plan.
88. 
CONSERVATION MARKER — Shall mean a permanent identification marker placed along the boundary of a conservation easement at least every 100 feet, at the juncture of a change of direction and at property corners. The marker shall be constructed of a three inch diameter white PVC pipe. The pipe shall be buried in the ground three feet and shall stick six inches out of the ground. The pipe shall be filled with concrete and shall have a three foot six inch length of rebar in the center of the concrete.
89. 
UPLANDS—  Shall mean any non-wetland area.
90. 
APPLICATION FOR DEVELOPMENT — Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c.291 (C.40:55D-34 or C.40:55D-36). Accompanying documents shall include but not be limited to submission of application, checklists, application fees and escrow fees, calculations and reports, Environmental Impact Statements, environmental questionnaires, waiver requests, plans, surveys and all else required.
[1]
Editor's Note: The Board of Adjustment provisions previously contained herein were established by Ordinance Nos. 83A, 87A and 100A, and were repealed by Ordinance No. 92-13. See Chapter 41 of the Township Code for provisions concerning the Board of Adjustment.
[Ord. #87A, § 12.01; repealed by Ord. #92-13]
[Ord. #2008-14, §§ 1-3]
a. 
Purpose. Pursuant to the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., applicants for development before the Township's land use board are required to establish and maintain an escrow account so as to cover professional fees incurred by the land use board for review of the applicant's plan for development. At times, applicants for development fail to maintain said escrow accounts resulting in the applicant receiving the benefit of the services provided by the board's professionals in requiring the municipality to attempt to collect funds way of a civil proceeding at great cost and expense to the taxpayers. It is the intention of this subsection to establish a municipal ordinance violation for failure of an applicant for development to maintain an escrow account and to be notified to do so, establishing penalties with respect thereto.
b. 
Failure to Maintain Appropriate Escrow Account. Any applicant for development before the Plumsted Township Land Use Board who is required by ordinance to establish and/or maintain an escrow account, and who fails to provide sufficient funds in said account after being notified to do so by the Township of Plumsted, shall be considered to have violated the terms and conditions of this subsection. A certification from a Township's chief financial officer and/or assistant treasurer, that an applicant for development was provided notice, by way of regular mail and certified mail with a return receipt that their escrow account was deficient, and that thirty (30) days have elapsed since notice was sent by way of regular mail to the applicant for development and said escrow account had not been replenished during that period of time shall constitute prima facie evidence that the applicant for development has violated the terms of this subsection.
c. 
Penalty. Any person or entity who violates the terms and conditions of this subsection shall be subject to a fine no less than two hundred fifty ($250) dollars and no more than one thousand ($1,000) dollars for each such violation. Each separate day that a violation continues, meaning for each separate day that the escrow account remains deficient, shall be considered a separate and distinct violation.
Editor's Note: See also § 15-15, Escrow Funds.
[Ord. #100A, § 12.03; Ord. #5-86, § 1; Ord. 3/10/86; Ord. #90-19; Ord. #92-13; Ord. #95-17, § 35; Ord. #2000-04, § 5; Ord. #2004-09, §§ 2, 3; Ord. #2006-02, § I; Ord. #2009-03, § 1; Ord. No. 2016-05]
a. 
Escrow Fee Schedule. Escrow funds in the amounts specified herein shall be required relative to the following applications:
Escrow Amount
1.
Sketch Plat for Preliminary Major Subdivision
Approval and Preliminary Site Plan Approval for Residential Use
$30/lot or dwelling unit or $750 min.
Minor Subdivision
$1,500
Preliminary Major Subdivision:
1—3 lots or units
$2,000
4—10 lots or units
$3,500
11—25 lots or units
$3,750+$50/lot
26—50 lots or units
$5,000+$50/lot
51—100 lots or units
$6,500+$50/lot
In excess of 100 lots or units
$10,500+$25/lot
2.
Final Major Subdivision Approval and Final
Site Plan Approval for Residential Use:
1—3 lots or units
$1,000
4—10 lots or units
$2,000
11—25 lots or units
$3,000
26—50 lots or units
$4,500
51—100 lots or units
$6,000
In excess of 100 lots or units
$10,000
3.
Nonresidential Preliminary Site Plan
Approval Inclusive of Minor Site Plan:
Up to 2 acres
$3,500
Over 2 acres
$3,500+$500/Acre or portion thereof
3a.
Escrow for Sketch Plat
$30/lot or dwelling unit or $750 min.
4.
Nonresidential Final Site Plan Approval:
One-third of the original escrow fee paid at the time of preliminary plan application.
5.
Any application involving more than one of the above categories shall deposit cumulative amounts.
6.
Amended 50% of original fee
$750 min.
7.
Informal — if application within one year of meeting credit to application fee
$100
8.
Extension of Approval
$1,000
9.
Agriculturally Exempt Subdivision
$500
10.
Minor Site Plan
$1,000
11.
GDP Application (use Preliminary and Final fees)
b. 
Application Fee Schedule.
Fee Amount
1.
Minor Subdivision
$150 + $100/lot
2.
Major Subdivision:
Preliminary:
Three lots or less, including remainder
$250
In excess of three lots
$750
Site plans for Commercial or Residential
$750
Final:
Three lots or less, including remainder
$250
In excess of three lots
$750
Site plans for Commercial or Residential
$750
Combined Applications of Preliminary and Final, the sum of the Individual Preliminary and Final Fees
3.
Site Plans, Commercial or Residential:.
Preliminary
$500
Final
$500
Preliminary and Final Together
$750
4.
Sketch Plat
$250
5.
Amended
$250
6.
Informal
$50
7.
Extension of Approval
$250
8.
Minor Site Plan
$250
9.
GDP (Use Preliminary Fund and Final Fees)
10.
Zoning Permit
$ 30
c. 
Each application shall be accompanied by a fee and escrow amount in accordance with the following schedule:
Application
Fee
Escrow Amount
Appeals
40:55D-70(a)
$250
$750
Interpretations
40:55D-70(b)
$250
$750
Bulk/Hardship
40:55D-70(c)
Residential
$250
$1,500
Commercial
$500
$2,000
Use/Special reasons
40:55D-70(d)
$500
$2,000
Permits
$500
$1,000
d. 
Any and all other types of applications.
$100 Application
$2,000 Escrow
e. 
Educational Fees.
1. 
All applicants submitting an application to the land use board for review shall pay a fee in the amount of fifty ($50) dollars to the Township to defray the cost of tuition for those persons required to take the course in Land Use Law and Planning as required pursuant to P.L. 2005, c.133, unless exempted in Subsection 2.
2. 
Exemptions to Educational Fee Payment.
(a) 
Board of Education.
(b) 
Charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C.s.501(c) or (d)).
Editor's Note: See also § 14-12 Fees.
[Ord. #83A, § 12.04]
It shall be unlawful to use, or permit the use of any building, or premises or part thereof, now or hereafter created, located or erected, changed, converted or enlarged, wholly or partly, until a certificate of occupancy has been issued for that premises certifying that the structure or use complies with the provisions of this chapter, or other pertinent Township ordinances. Such occupancy permits shall be granted or denied within ten days from the date that a written application is filed with the zoning officer. Pending the issuance of a regular certificate of occupancy, a temporary certificate of occupancy may be issued by the zoning officer for a period not exceeding six months during the completion of alterations or during partial occupancy of a building, pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties and obligations of the owners or of the Township relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued, except under such restrictions and provisions as will adequately insure the safety of the occupants.
[Ord. #83A, § 12.05; Ord. #92-13]
It shall be the duty of the zoning officer to keep a record of all applications for, and of, all permits and such certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office, and shall be available for the use of the Township committee and all members of the public.
The zoning officer shall also prepare a monthly report for the Township committee summarizing for the period since his last previous report, all zoning permits and certificates issued by him, and all complaints of violations and the action taken by him consequent thereon. A copy of each such report shall be filed by the Township tax assessor and the secretary of the planning board at the time it is filed with the Township committee.
[Ord. #87A, § 12.06; Ord. #92-13]
Pursuant to N.J.S.A. 40:55D-18, it shall be the duty of the zoning officer to enforce the provisions of this chapter. It shall also be the duty of the members of the police department and the fire department to report any violations of the provisions of this chapter in writing to the zoning officer, and, at the same time, to send a copy of such report to the secretary of the zoning board and the Township clerk. The zoning officer shall not issue any permit or certification of occupancy for any structure or use which does not conform with the provisions of this chapter. It shall be the duty of the zoning officer, upon the filing with him of the plans for the construction, alteration or repair of any structure to require the owner or agent of such structure or land to certify, in writing, the use, or intended use, of any structure or land so to be constructed, altered or repaired or used, and the zoning officer shall thereupon determine if the structure or use is permitted by the provisions of this or any such other ordinances. In case he shall determine such structure or use, or both, is nonconforming, he shall notify such owner or agent in writing to that effect, stating in what respect such structure or use is nonconforming.
[Ord. #83A, § 12.07; repealed by Ord. #92-13]
[Ord. #83A, § 12.08; repealed by Ord. #92-13]
[Ord. #83A, § 13.01; Ord. #92-13]
For any and every violation for the provisions of this chapter, the owner, contractor, or other person interested as lessee, tenant or otherwise, in any building or premises where such violation has been committed or shall exist, and who refuses to abate the violation within five days after written notice has been served upon him, by the municipal official or police officer either by registered mail or by personal service, shall for each and every violation be subject to the penalty as stated in Municipal Ordinances of Plumsted Township. Each and every day that such violation continues after such notice, shall be considered a separate and specific violation of this chapter.
[Ord. 8/9/82, § 2; Ord. #92-13]
The provisions of this section shall apply only to the Pinelands area portion of Plumsted Township and shall be considered supplemental to the requirements of the balance of the chapter. Lands within the Pinelands area as defined herein, shall be subject to all provisions of this chapter.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/27/88, § 7; Ord. 4/10/89, § 1; Ord. #97-01, §§ 6, 7; Ord. # 2012-04, §§ 2,3; amended 3-6-2019 by Ord. No. 2019-05]
a. 
The following terms utilized in this section are used as defined in the New Jersey Comprehensive Management Plan, adopted by the New Jersey Pinelands Commission pursuant to Section 7 of the "Pinelands Protection Act" (N.J.S.A. 13:18A-1 et seq.), and are in accordance with N.J.A.C. 7:50-2.11, except where otherwise noted: Accessory Structure or Use; Agricultural Commercial Establishment; Agricultural Employee Housing; Agricultural or Horticultural Purpose or Use; Agricultural Service Establishment; Animals, Threatened or Endangered; Application for Development; Artificial Regeneration; Bedding; Broadcast Scarification; Camper; Campsite; Certification of Appropriateness; Certificate of Filing; Clearcutting; Commencement of Construction; Commission; Comprehensive Management Plan; Contiguous Lands; Coppicing; Density; Development; Disking; District; Drainage; Drum Chopping; Dwelling; Dwelling Unit; Electric Distribution Lines; Electric Transmission Line; Enlargement; Erosion; Executive Director; Family; Federal Act; First Order Stream; Fish and Wildlife Management; Flood Plains; Floor Area; Forestry; Forest Stand; Group Selection; Habitat; Height; Historic District; Historic Resource; Hydrophytes; Immediate Family; Impermeable Surface; Impervious Surface; Individual Selection; Interim Rules and Regulations; Institutional Uses; Interested Person or Party; Land; Landfill; Landscaping; Leachate Collector; Local Communications Facility; Mobile Home; Natural Regeneration; Navigable Waters; Off-Site Commercial Advertising Sign; Parcel; Permeability; Person; Pinelands; Pinelands Area; Pinelands Development Credit; Pinelands Development Review Board; Pinelands Native Forest Type; Pinelands Protection Act; Pinelands Resource Related Use; Plants, Threatened or Endangered; Pre-Application Conference; Preservation Area; Protection Area; Public Development; Public Service Infrastructure; Recommended Management Practice; Record Tree; Recreational Facility, Intensive; Recreational Facility, Low Intensive; Resource Conservation Plan; Resource Extraction; Resource Management System Plan; Root Raking; Scenic Corridors; Seed Tree Cut; Shelterwood Cut; Sign; Solar Energy Facility; Structural Alteration; Subdivision; Submerged Lands; Thinning; Utility Distribution Line; Vegetation; Wetlands; (N.J.A.C. 7:50-6.3-6.5); Wetlands Management and Wetlands Soils.
b. 
As used in this section, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
Shall mean any board, body or other authority within the Township with authority to approve, disapprove subdivision, site plans, construction permits or other applications for development approval.
DEVELOPMENT APPROVAL
Shall mean any approval to develop which is granted by an approval agency, including appeals to the governing body, except for certificates of occupancy and variances which do not otherwise include issuance of a construction permit, subdivision, or site plan approval.
DEVELOPMENT, MAJOR
Shall mean 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
Shall mean all development other than major development.
FORESTRY
Shall mean the planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
1. 
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
2. 
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
3. 
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
4. 
Removal of trees necessary for the maintenance of utility or public rights-of-way;
5. 
Removal or planting of trees for the personal use of the parcel owner; and
6. 
Removal of trees for public safety.
PINELANDS AREA, PLUMSTED TOWNSHIP
Shall mean that area of Plumsted Township 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.).
SEASONAL HIGH WATER TABLE
Shall mean the level below the natural ground surface to which water seasonally rises in the soil in most years.
[Ord. 8/9/82, § 2; Ord. 5/27/88, § 8]
a. 
List of Zones. In order to regulate and limit the type and location of uses, and density and intensity with which lands are to be utilized, the Pinelands area is hereby divided into five zones, which shall be known as:
PA
Preservation Area Zone;
FA
Forest Area Zone;
RD-1
Rural Development Area Zone;
RD-2
Rural Development Area Zone;
MI
Military Installation Zone.
b. 
Official Zoning Map. The boundaries of the five zones established herein are shown upon the map entitled "Official Zoning Map of Plumsted Township" which is hereby adopted by reference and declared to be part of this chapter.
[Ord. 8/9/82, § 2; Ord. 5/27/88, § 12; Ord. 5/8/89, § 2; Ord. #92-14, § 1; Ord. #97-01, § 8; Ord. No. 2012-04 §§ 4,5]
Use of the land in the preservation area zone shall be limited to the following:
a. 
Detached single-family dwellings on lots of three and two-tenths acres in accordance with Subsection 15-14.21o;
b. 
Agricultural employee housing as an element of, and accessory to, an active agricultural operation;
c. 
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture;
d. 
Forestry;
e. 
Beekeeping;
f. 
Fish and wildlife management and wetlands management;
g. 
Low-intensity recreational uses, provided that:
1. 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
2. 
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
3. 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 100 feet of water body frontage;
4. 
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre;
5. 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent of the parcel; and
6. 
No more than one percent of the parcel will be covered with impervious surfaces;
h. 
Public service infrastructure which is necessary to serve only the needs of the preservation area zone uses; centralized waste water treatment and collection facilities shall be permitted to service the PA preservation area zone only in accordance with Subsection 15-14.21g4(b);
i. 
Signs subject to the provisions of Subsection 15-14.21h;
j. 
Accessory uses;
k. 
Pinelands Development Credits;
l. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the PA zone shall be less than that needed to meet the water quality standards of Subsection 15-14.21g4(d), whether or not the lot may be served by a centralized sewer treatment or collection system;
m. 
Detached single-family dwellings on lots of one acre in accordance with Subsection 15-14.21p.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/27/88, §§ 13, 15, 16; Ord. 5/8/89, § 3; Ord. #92-14, §§ 2, 3; Ord. #97-01, §§ 9-11; Ord. #2012-04, §§ 6-8]
a. 
The following uses shall be permitted in the forest area zone:
1. 
Detached single family dwellings on lots of three and two-tenths acres, in accordance with Subsection 15-14.21o.
2. 
Detached single-family dwelling units in accordance with subsections (a) through (f) below, provided that clustering of the permitted single-family detached dwellings in accordance with Subsection 15-14.21s shall be required whenever two or more units are proposed as part of a residential development.
(a) 
Minimum lot area, 18.0 acres.
(b) 
Minimum lot width, 250 feet.
(c) 
Minimum front yard setback, 200 feet except as provided in Subsection 15-14.21h2.
(d) 
Minimum rear yard setback, 50 feet.
(e) 
Minimum side yard setback, 25 feet.
(f) 
Minimum accessory use setback, 25 feet;
3. 
Agriculture;
4. 
Agricultural employee housing as an element of, and necessary to, an active agricultural operation;
5. 
Forestry;
6. 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent of the parcel; and
(e) 
No more than one percent of the parcel will be covered with impervious surfaces;
7. 
Expansion of intensive recreational uses, provided that:
(a) 
The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;
(b) 
The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and
(c) 
The use is environmentally and aesthetically compatible with the character of the Pinelands forest area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
8. 
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the FA forest area zone only in accordance with Subsection 15-14.21g4(b);
9. 
Signs subject to the provisions of Subsection 15-14.21h; and
10. 
Accessory uses;
11. 
Detached single-family dwellings on lots of one acre in accordance with Subsection 15-14.21p.
b. 
Conditional Uses.
1. 
Institutional uses, provided that:
(a) 
The use does not require or will not generate subsidiary or satellite development in the forest area zone;
(b) 
The application has demonstrated that adequate public service infrastructure will be available to serve the use; and
(c) 
The use is primarily designed to serve the needs of the forest area zone in which the use is to be located.
2. 
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
(a) 
The parcel proposed for development has an area of at least five acres;
(b) 
The principal raw material for the proposed use is found or produced in the Pinelands; and
(c) 
The use does not require or will not generate subsidiary or satellite development in a forest area zone.
3. 
Agricultural commercial establishments, excluding supermarkets, restaurants, and convenience stores, provided that:
(a) 
The principal goods or products available for sale were produced in the Pinelands; and
(b) 
The sales area of the establishment does not exceed 5,000 square feet.
4. 
Roadside retail sales and service establishments, provided that:
(a) 
The parcel proposed for development has roadway frontage of at least 50 feet;
(b) 
No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and
(c) 
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
5. 
Fish and wildlife management.
6. 
Detached single-family residences on lots of one acre in accordance with Subsection 15-14.21q.
7. 
Single-family detached dwellings in the FA Forest Area Zone, which are not clustered in accordance with the standards of Subsection 15-14.21s above may be permitted, provided that:
(a) 
The Planning Board finds that:
(1) 
Clustering of the proposed dwellings would be inconsistent with the standards of § 15-14, Pinelands Area Requirements; or
(2) 
Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development. The extent to which the development of new roads might impact forest contiguity shall be considered in determining whether this standard is met.
(b) 
The following minimum standards are met:
(1) 
Minimum lot size: 18 acres.
(2) 
Minimum lot width, 250 feet.
(3) 
Minimum front yard setback, 200 feet except as provided in Subsection 15-14.21h, 2.
(4) 
Minimum rear yard setback, 50 feet.
(5) 
Minimum side yard setback, 25 feet.
(6) 
Minimum accessory use setback, 25 feet.
c. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FA zone shall be less than that needed to meet the water quality standards of Subsection 15-14.21g4(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/27/88, § 17; Ord. 5/8/89, § 4; Ord. #92-14, §§ 4, 5; Ord. #97-01, § 12; Ord. #99-09, § 1; Ord. # 2012-04, §§ 9, 10]
a. 
The following uses shall be permitted in the RD-1 rural development area zone:
1. 
Detached single-family dwelling units in accordance with subsections (a) through (f) below, provided that clustering of the permitted single-family detached dwellings in accordance with Subsection 15-14.21s shall be required whenever two or more units are proposed as part of a residential development.
(a) 
Minimum lot area, three and five-tenths acres.
(b) 
Minimum lot width, 200 feet.
(c) 
Minimum front yard setback, 200 feet except as provided in Subsection 15-14.21h, 2.
(d) 
Minimum rear yard setback, 50 feet.
(e) 
Minimum side yard setback, 25 feet.
(f) 
Minimum accessory use setback
(1) 
All newly created and pre-existing conforming lots - 25 feet;
(2) 
Pre-existing lots of 2.0 to 3.5 acres - 20 feet;
(3) 
Pre-existing lots of 1.0 to 2 acres - 15 feet;
(4) 
Pre-existing lots of less than 1 acre - 10 feet.
2. 
Agriculture.
3. 
Agricultural employee housing as an element of, and accessory to, an active agricultural operation.
4. 
Forestry.
5. 
Recreational facilities, other than amusement parks.
6. 
Agricultural commercial establishments.
7. 
Agricultural processing facilities and other light industrial uses.
8. 
Public service infrastructure, except that centralized waste water treatment and collection facilities shall be permitted in the rural development area zone only in accordance with Subsection 15-14.21g4(b).
9. 
Institutional uses.
10. 
Detached single-family residences on lots of three and two-tenths acres in accordance with Subsection 15-14.21o.
11. 
Detached single-family residences on lots of one acre in accordance with Subsection 15-14.21p.
b. 
Permitted Accessory Uses.
1. 
Signs subject to the provisions of Subsection 15-14.21h.
2. 
Single-family detached dwellings in the RD-1 Rural Development Area Zone, which are not clustered in accordance with the standards of Subsection 15-14.21s may be permitted, provided that:
(a) 
The Planning Board finds that:
(1) 
Clustering of the proposed dwellings would be inconsistent with the standards of § 15-14, Pinelands Area Requirements; or
(2) 
Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development. The extent to which the development of new roads might impact forest contiguity shall be considered in determining whether this standard is met.
(b) 
The following minimum standards are met:
(1) 
Minimum lot area: three and five-tenths acres.
(2) 
Minimum lot width, 200 feet.
(3) 
Minimum front yard setback, 200 feet except as provided in Subsection 15-14.21h2.
(4) 
Minimum rear yard setback, 50 feet.
(5) 
Minimum side yard setback, 25 feet.
(6) 
Minimum accessory use setback.
(i) 
All newly created and pre-existing conforming lots — 25 feet.
(ii) 
Pre-existing lots of 2.0 to 3.5 acres — 20 feet.
(iii) 
Pre-existing lots of 1.0 to 2 acres — 15 feet.
(iv) 
Pre-existing lots of less than 1 acre — 10 feet.
3. 
Other customary accessory uses and buildings.
c. 
Conditional Uses.
1. 
Detached single-family residences on lots of one acre in accordance with Subsection 15-14.21q.
d. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the RD-1 zone shall be less than that needed to meet the water quality standards of Subsection 15-14.21g4(d), whether or not the lot may be served by the centralized sewer treatment or collection system.
[Ord. 8/9/82, § 2; Ord. 5/8/89, § 6; Ord. #92-14, § 6; Ord. # 2012-04, § 11]
a. 
The following uses shall be permitted in the RD-2 rural development area zone:
1. 
Any of the uses permitted in the RD-1 zone (Subsection 15-14.6);
2. 
Roadside retail sales and service establishments; and
3. 
Resource extraction operations.
b. 
Permitted accessory uses.
1. 
Same as for RD-1 zone.
2. 
Single-family detached dwellings in the RD-2 Rural Development Area Zone, which are not clustered in accordance with the standards of Subsection 15-14.21s may be permitted, provided that:
(a) 
The Planning Board finds that:
(1) 
Clustering of the proposed dwellings would be inconsistent with the standards of § 15-14, Pinelands Area Requirements; or
(2) 
Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than nonclustered development. The extent to which the development of new roads might impact forest contiguity shall be considered in determining whether this standard is met.
(b) 
The minimum standards set forth in Subsection 15-14.6b2(b) are met.
c. 
Conditional Uses.
1. 
Detached single-family residences on one acre lots in accordance with Subsection 15-14.21q.
d. 
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the RD-2 zone shall be less than that needed to meet the water quality standards of Subsection 15-14.21g4(d), whether or not the lot may be served by the centralized sewer treatment or collection system.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/23/88, § 18; Ord. #97-01, § 13]
a. 
Any use associated with the function of the federal installation may be permitted in the MI military installation zone, provided that:
1. 
Where feasible, development shall be located in that portion of the installation within the Pinelands protection area;
2. 
The use shall not require any development, including public service infrastructure in the PA preservation area zone or in the FA forest area zone;
3. 
No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 6.78; and
4. 
All development undertaken by the federal government substantially meets the standards of Subsection 15-14.21 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.
b. 
Any other public purpose use undertaken by or on behalf of another level of government may be permitted in the MI military installation zone, provided that:
1. 
The use is sanctioned by the installation;
2. 
The use is located within a substantially developed area which is served by a centralized sewer treatment and collection system;
3. 
No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 6.78; and
4. 
All development meets the standards of Subsection 15-14.21 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.
[Ord. 8/9/82, § 2; Ord. #97-01, § 14]
a. 
Notwithstanding the density limitations or other provisions of this section, a single-family dwelling may be developed on a parcel of land of one (1) acre or more in the FA forest area zone, provided that:
1. 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
2. 
The parcel 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;
3. 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and
4. 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1989.
[Ord. 8/9/82, § 2; Ord. 5/23/88, §§ 19, 20; Ord. No. 90-30, §§ 1-4; Ord. #92-14, §§ 7-11; Ord. #97-01, §§ 15-19; Ord. # 2012-04, §§ 12,13]
a. 
The following general regulations apply only to the development of lands in the Pinelands area and are in addition to the regulations contained in the remainder of this chapter.
1. 
Expansion of Existing Uses. Notwithstanding the use restrictions contained in subsections 15-14.4 through 15-14.9 above, any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Subsection 15-14.21, may be expanded or altered provided that: the use was not abandoned or terminated subsequent to January 14, 1981; the expansion or alteration of the use is in accordance with all of the minimum standards of Subsection 15-14.21; and the area of expansion does not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
2. 
Height Limitations.
(a) 
No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in paragraphs (b) and (c) below.
(b) 
The height limitation in Subsection (a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the objectives of Subsection 15-14.21h, Scenic: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
(c) 
The height limitation in Subsection (a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
3. 
No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management, and recreational development on agricultural lands.
4. 
Pinelands Development Credits. 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 below, every parcel of land in the PA preservation area zone shall have a use right known as "Pinelands Development Credits" that can be used to secure a density bonus for lands located in a Pinelands Regional Growth Area. Pinelands Development Credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(a) 
Pinelands Development Credits are hereby established in the PA preservation area zone at the following ratios:
(1) 
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands Development Credits per 39 acres;
(2) 
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands Development Credits per 39 acres;
(3) 
Other uplands: one Pinelands Development Credit per 39 acres; and
(4) 
Wetlands: two-tenths Pinelands Development Credits per 39 acres.
(b) 
The allocations established in Subsection (a) above shall be reduced as follows:
(1) 
Any property of ten acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands Development Credit entitlement. For such an improved property of more than ten acres, the area actively used for such use or ten acres, whichever is greater, shall not receive Pinelands Development Credit entitlement.
(2) 
The Pinelands Development Credit entitlement of a parcel of land shall be reduced by one-quarter Pinelands Development Credit for each existing dwelling unit on the property.
(3) 
The Pinelands Development Credit entitlement for a parcel of land shall be reduced by one-quarter Pinelands Development Credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection (f) below or when a variance for cultural housing is approved by the Township pursuant to Subsection 15-14.21p.
(4) 
The Pinelands Development Credit entitlement for a parcel of land shall also be reduced by one-quarter Pinelands Development Credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
(c) 
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands Development Credit at the same ratio established in Subsection (a) above.
(d) 
Notwithstanding the provisions above, the owner of record of one-tenth or greater acres of land in the PA zone as of February 7, 1979 shall be entitled to one-quarter Pinelands Development Credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979 and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than one-tenth acres of land in the PA zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsection (a) above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least one-tenth of an acre.
(e) 
No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection (h) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
(f) 
Notwithstanding the provision of Subsection (e) above, an owner of property from which Pinelands Development Credits are sold may retain a right for residential development on that property provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands Development Credits for that property is reduced by one-quarter Pinelands Development Credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(g) 
No conveyance, sale, or transfer of Pinelands Development Credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands Development Credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(h) 
Such deed restriction shall specify the number of Pinelands Development Credits sold and that the property may only be used in perpetuity for the following uses in the PA Preservation Area zone: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands 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 impervious surfaces; and accessory uses. In all other Pinelands zoning districts: agriculture; forestry; and low-intensity recreational uses.
[Amended 3-6-2019 by Ord. No. 2019-05]
(i) 
Pinelands Development Credits shall be used in the following manner:
(1) 
When a variance for cultural housing is granted by the Township in accordance with Subsection 15-14.21p of this chapter; and
(2) 
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(j) 
In no case shall a building or construction permit be issued for any development involving the use of Pinelands Development Credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands Development Credits and those Pinelands Development Credits have been redeemed with the Township.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/23/88, § 22; Ord. 5/8/89, § 7; Ord. #92-14, §§ 7-11; Ord. #97-01, §§ 20, 21]
a. 
No person shall carry out any development within the Pinelands area without obtaining approval from an approving authority and without obtaining development approval in accordance with the procedures set forth in subsections 15-14.12 through 15-14.20.
b. 
Except as provided in Subsection c below, the following shall not be subject to the procedures set forth in subsections 15-14.12 through 15-14.20.
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 multi-family residential structure provided that:
[Amended 3-6-2019 by Ord. No. 2019-05]
(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 waste water disposal system;
11. 
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width of said roads and surfaces will occur;
[Amended 3-6-2019 by Ord. No. 2019-05]
12. 
The clearing of land solely for agricultural or horticultural purposes;
[Amended 3-6-2019 by Ord. No. 2019-05]
13. 
Fences, provided no more than 1,500 square feet of land is to be cleared;
14. 
Above-ground 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 §§ 15-7.2o or 15-14.21b3.
19. 
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 3-6-2019 by Ord. No. 2019-05]
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 3-6-2019 by Ord. No. 2019-05]
21. 
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 3-6-2019 by Ord. No. 2019-05]
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 3-6-2019 by Ord. No. 2019-05]
c. 
The exceptions contained in Subsection b above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
d. 
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 section.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/23/88, § 22; Ord. #97-01, §§ 22, 23]
a. 
Minor Development.
1. 
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 USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and 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, and 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 wastewater 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 suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection 15-14.21g;
(h) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the 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 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
(l) 
When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review pursuant to Subsection 15-14.14.
b. 
Other Development.
1. 
Major Development. Any application for approval of major development, except for forestry or resource extraction operations, 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, the number of total units; and the floor area of all units to be included in the proposed development;
(f) 
A written statement addressing each of the standards or guidelines set forth in N.J.A.C. 7:50-5 and 7:50-6, and stating specifically how the proposed development meets each such standard or guideline;
(g) 
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and 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 wastewater treatment facilities:
(1) 
Sanitary Sewer Distribution: Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;
(2) 
On-Site Treatment Facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;
(3) 
Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto, shall be submitted with a tract map showing the location, logs and elevation of all test holes, indicating where ground water was encountered, and estimating the seasonal high water table; and
(4) 
The proposed hours and days of operation and number of employees of any nonresidential facility.
(h) 
A project site base map, at a scale of no less than one inch to 200 feet and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, 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 in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map;
(j) 
A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;
(k) 
A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in this Plan. This map should be prepared prior to any engineering, site layout or design work;
(l) 
A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial waste water discharges and solid waste disposal areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development, and the tree line before and after development;
(m) 
A map, at the same size and scale as the project site base map, showing storm water drainage patterns and calculations and the applicant's proposed storm water run-off management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area including the estimated seasonal high water table;
(n) 
Legal instruments evidencing the applicant's right, title or interest in any Pinelands Development Credits and any existing or proposed deed restrictions or easements relating to the subject parcel;
(o) 
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils. Landscaping plans shall incorporate the elements set forth in Subsection 15-14.21b4;
(p) 
All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;
(q) 
The cultural resources survey described in Subsection 15-14.21k;
(r) 
A list of all permits required for the proposed development from county, municipal, state and federal agencies;
(s) 
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
(t) 
When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review pursuant to Subsection 15-14.14.
2. 
Forestry. An application for approval of forestry operations shall be subject to the application requirements set forth in Subsection 15-14.21d1.
3. 
Resource Extraction. An application for approval of resource extraction operations shall be subject to the application requirements set forth in Subsection 15-14.21f2.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/23/88, § 22; amended 3-6-2019 by Ord. No. 2019-05]
a. 
Application submission and modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the 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;
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.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
a. 
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection 15-14.13c above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township 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 Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.
c. 
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
Where a prior approval has been granted by the Township, 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 Pinelands Commission that review of the Township's approval is not required; or
b. 
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a Final Order regarding the approval is received by the Township from the Pinelands Commission.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
If the Pinelands Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority within 30 days and the approving authority shall thereafter deny approval of the application. If the commission approves the decision of an approving authority subject to conditions, the approving authority 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.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
The Pinelands Commission may participate in a hearing held in the Township involving the development of land in the Pinelands area pursuant to N.J.A.C. 7:50-4.36.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
All applications for major development, forestry, and resource extraction shall be referred to the Environmental Commission for review and comment.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
All development proposed by the Township or any agency thereof will 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 chapter and Chapter 14, Land Subdivision.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
In amending the Township's master plan, this chapter, or Chapter 14, Land Subdivision, the Township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II; Ord. 5/23/88, § 23; Ord. 5/8/89, § II; Ord. #92-14, §§ 12-14; Ord. #97-01, §§ 24-41; Ord. #2006-35, §§ I-XII; Ord. No. 2012-04; §§ 14-18; Ord. #2012-17]
The minimum standards and management programs of this subsection shall be applicable to all proposed development in the Pinelands area. These standards shall be deemed supplemental to the standards and requirements applicable to development in the non-Pinelands areas of the Township. In the case of conflict with other standards of 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 specifically authorized below:
1. 
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.53. Beekeeping shall also be permitted in all wetlands.
2. 
Forestry shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.43—6.44.
3. 
Wetlands management and fish and wildlife management shall be permitted in wetlands in accordance with N.J.A.C. 7:50-6.10.
4. 
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses shall be permitted in wetlands provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in N.J.A.C. 7:50-6.7.
5. 
Private docks, piers, moorings, and boat launches for the use of a landowner shall be permitted in all wetlands provided that the use will not result in a significant adverse impact, as defined by N.J.A.C. 7:50-6.7, and conforms to all state and federal regulations.
6. 
Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that: there is a demonstrated need for the facility that cannot be met by existing facilities; the development conforms with all state and federal regulations; and the development will not result in a significant adverse impact as defined by N.J.A.C. 7:50-6.7.
7. 
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities provided that:
(a) 
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
(b) 
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(c) 
The use represents a need which overrides the importance of protecting the wetland;
(d) 
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(e) 
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
8. 
No development except for those uses which are specifically authorized in Subsection a1 and a2 hereof 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 defined by N.J.A.C. 7:50-6.7.
b. 
Vegetation and Landscaping. Development within the Pinelands area shall conform to 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 chapter.
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 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 3 above or required pursuant to Subsection 15-7.2o 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 non-residential 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:
(1) 
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;
(2) 
For limited ornamental purposes around buildings and other structures; or
(3) 
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 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. Development within the Pinelands area shall conform to 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 designated by the Department of Environmental Protection pursuant to N.J.A.C. 23:2A-1 et seq.
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. 
Forestry.
1. 
Permit Required. No forestry in the Pinelands area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for 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;
(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; and
(e) 
Prescribed burning and the clearing and maintaining of fire breaks.
2. 
Forestry Application Requirements. The information in paragraphs (a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
(a) 
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b) 
For all other forestry applications:
(1) 
The applicant's name and address and his interest in the subject parcel;
(2) 
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(3) 
The description, including block and lot designation and street address, if any, of the subject parcel;
(4) 
A description of all existing uses of the subject parcel;
(5) 
A brief written statement generally describing the proposed forestry operation;
(6) 
A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
(7) 
A forestry management plan that includes, as appropriate:
(i) 
A cover page for the plan containing:
[1] 
The name, mailing address and telephone number of the owner of the subject parcel;
[2] 
The municipality and county in which the subject parcel is located;
[3] 
The block and lot designation and street address, if any, of the subject parcel;
[4] 
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[5] 
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
(ii) 
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
(iii) 
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[1] 
The number of acres;
[2] 
The general condition and quality of each stand;
[3] 
The overall site quality, relative to the management goals and objectives identified in Subsection d2(b)(7)(ii) above;
[4] 
An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;
[5] 
The age of representative trees;
[6] 
The species composition, including overstory, understory, ground layer structure and composition;
[7] 
The stand cohort composition;
[8] 
The percent cover;
[9] 
The basal area;
[10] 
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[11] 
The condition and species composition of advanced regeneration when applicable;
[12] 
A stocking table showing the stocking levels, growth rates and volume;
[13] 
Projections of intended future stand characteristics at 10-, 20-, and 40-year intervals;
[14] 
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not limited to, a description of:
[a] 
Stand improvement practices;
[b] 
Site preparation practices;
[c] 
Harvesting practices;
[d] 
Regeneration and reforestation practices;
[e] 
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[f] 
Herbicide treatments;
[g] 
Silvicultural treatment alter-natives;
[h] 
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[i] 
Implementation instructions; and
[j] 
Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and
[15] 
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
(iv) 
A map of the entire parcel which includes the following:
[1] 
The owner's name, address and the date the map was prepared;
[2] 
An arrow designating the north direction;
[3] 
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[4] 
The location of all property lines;
[5] 
A delineation of the physical features such as roads, streams and structures;
[6] 
The identification of soil types (a separate map may be used for this purpose);
[7] 
A map inset showing the location of the parcel in relation to the local area;
[8] 
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[9] 
A legend defining the symbols appearing on the map.
(8) 
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in subsections 15-14.21b5 and 15-14.21c1;
(9) 
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Subsection 15-14.21k;
(10) 
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection d3(i)(2) below;
(11) 
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
(12) 
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection d3 below;
(13) 
A Certificate of Filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(14) 
When prior approval for the forestry activities has been granted by the Zoning Officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Subsection 15-14.14.
3. 
Forestry Standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
(a) 
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;
(b) 
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;
(c) 
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:
(1) 
Clearcutting cedar and managing slash;
(2) 
Controlling competition by other plant species;
(3) 
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(4) 
Utilizing existing streams as cutting boundaries, where practical;
(5) 
Harvesting during dry periods or when the ground is frozen; and
(6) 
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
(d) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in subsections 15-14.21b5 and 15-14.21c1. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(e) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;
(f) 
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Subsection 15-14.21k;
(g) 
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed ten percent or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;
(h) 
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
(1) 
Minimize changes to surface and ground-water hydrology;
(2) 
Minimize changes to temperature and other existing surface water quality and conditions;
(3) 
Prevent unnecessary soil erosion, siltation and sedimentation; and
(4) 
Minimize unnecessary disturbances to aquatic and forest habitats.
(i) 
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
(1) 
In areas with slopes of greater than ten percent, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
(2) 
Herbicide treatments shall be permitted, provided that:
(i) 
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection d2(b)(10) above;
(ii) 
Control of competitive plant species is clearly necessary;
(iii) 
Control of competitive plant species by other, nonchemical means is not practical;
(iv) 
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
(v) 
In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak re-sprouting outside those areas subject to the herbicide treatment;
(3) 
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;
(4) 
Disking shall be permitted, provided that:
(i) 
It shall not be permitted in Pine Plains Native Forest Types;
(ii) 
Disking shall only be permitted in Pine-Shrub Oak Native Forest Types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:
[1] 
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[2] 
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
(iii) 
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
(iv) 
It shall follow land contours when slopes are discernible;
(5) 
Root raking shall be permitted, provided that:
(i) 
It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;
(ii) 
When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
(iii) 
Root raking debris shall not be piled in wetlands;
(6) 
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and
(7) 
Drum chopping shall be permitted, provided that:
(i) 
It shall not be permitted in Pine Plains Native Forest Types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
(ii) 
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
(iii) 
It shall adhere to the following procedures:
[a] 
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[b] 
Drums shall remain unfilled when used during the dormant season;
[c] 
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[d] 
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[e] 
Avoid short-radius, 180-degree turns at the end of each straight pass.
(j) 
The following standards shall apply to silvicultural practices for harvesting:
(1) 
Clearcutting shall be permitted, provided that:
(i) 
It shall not be permitted in Pine Plains Native Forest Types;
(ii) 
It shall be limited to 300 acres or five percent of a parcel, whichever is greater, during any permit period;
(iii) 
A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;
(iv) 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger clearcut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two 25-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
(v) 
Where present on a parcel, a minimum of 18 dead snags per acre of at least ten inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
(vi) 
The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak in which case straight edges may be used;
(2) 
Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:
(i) 
It shall be limited to 500 acres in size or ten percent of a parcel, whichever is greater, during any permit period;
(ii) 
A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
(iii) 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger coppice cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two 25-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
(iv) 
Where present on a parcel, a minimum of 18 dead snags per acre of at least ten inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and
(v) 
The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;
(3) 
Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:
(i) 
It shall be limited to 500 acres in size or ten percent of a parcel, whichever is greater, during any permit period;
(ii) 
A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
(iii) 
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger seed tree cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two 25-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
(iv) 
Where present on a parcel, a minimum of 18 dead snags per acre of at least ten inches DBH and six feet in height shall be left on the parcel for a minimum of five years;
(v) 
The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;
(vi) 
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
(vii) 
Residual seed trees shall be distributed evenly throughout the parcel; and
(4) 
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.
(k) 
The following standards shall apply to silvicultural practices for forest regeneration:
(1) 
Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection k(2) below; and
(2) 
Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:
(i) 
The use of non-native cuttings, seedlings or seeds shall not be permitted;
(ii) 
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
(iii) 
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
(iv) 
When used in Pine Plains Native Forest Types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
(l) 
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.
(m) 
Thinning shall be permitted in all Pinelands Native Forest Types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
(n) 
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
4. 
Forestry Permit Procedures.
(a) 
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of twenty-five ($25) dollars.
(b) 
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(c) 
Within 45 days of determining an application to be complete pursuant to Subsection 4(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection 3 above or disapprove any application which does not meet the requirements of Subsection 3 above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d) 
Upon receipt of a notice of disapproval pursuant to Subsection 4(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection 3 above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection 4(c) above.
(e) 
Failure of the Zoning Officer to act within the time period prescribed in paragraphs 4(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(f) 
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands area notice and review procedures set forth in subsections 15-14.13 through 15-14.16.
(g) 
Forestry permits shall be valid for a period of ten years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this ordinance and the Pinelands Comprehensive Management Plan are met.
5. 
Administrative Fees. Upon the issuance of a forestry permit pursuant to Subsection 4(c) above, the applicant shall be required to pay a sum of two hundred fifty ($250) dollars which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
6. 
Notification of Harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours written notice of the intention to begin harvesting operations.
e. 
Agriculture. Agricultural activities within the Pinelands area shall conform to the following standards:
1. 
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.
f. 
Resource Extraction.
1. 
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay, and ilmenite is prohibited. Resource extraction in the PA preservation area zone and FA forest area zone is limited pursuant to N.J.A.C. 7:50-6, Part VI.
2. 
Any application filed for approval of resource extraction operations in the Pinelands 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 USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;
(g) 
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;
(h) 
The location, size and intended use of all buildings;
(i) 
The location of all points of ingress and egress;
(j) 
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;
(k) 
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way;
(l) 
A soils map;
(m) 
A reclamation plan which includes:
(1) 
Method of stockpiling topsoil and overburden;
(2) 
Proposed grading and final elevations;
(3) 
Topsoil material application and preparation;
(4) 
Type, quantity and age of vegetation to be used;
(5) 
Fertilizer application including method and rates;
(6) 
Planting method and schedules; and
(7) 
Maintenance requirements schedule.
(n) 
A signed acknowledgement from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;
(o) 
A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 7:50-6.69 in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two year duration of any approval which is granted. The financial surety, which shall name the commission and the Township as the oblige, shall be posted by the property owner or his agent with the Township;
(p) 
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
(q) 
When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to Subsection 15-14.14.
3. 
Resource extraction operations shall be approved only if the applicant can demonstrate the proposed operation complies with the "Resource Extraction Standards", N.J.A.C. 7:50-6.68.
4. 
All parcels of land which are used for resource extraction operations shall be restored in accordance with the Restoration Standards contained in N.J.A.C. 7:50-6.69.
5. 
Nothing in this subsection shall be construed to relieve an applicant from satisfying the requirements of Chapter 10, Soil and Soil Removal, of the Plumsted Township Code.
6. 
Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this subsection shall be construed to prohibit any person from securing additional permits provided that the requirements of this subsection are met.
g. 
Water Quality. Development within the Pinelands area shall conform to 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 will be protected and maintained. For the purposes of this section, agricultural use shall not be considered development.
2. 
No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.