Township of Lacey, NJ Article X Pinelands Area Districts

[Added 2-14-1991 by Ord. No. 5-91]

§ 335-69 Purpose; districts established.

In order to implement the goals and objectives of the Pinelands Protection Act and the Pinelands Comprehensive Management Plan and to regulate the type and location of uses and the density and intensity with which such lands are to be utilized, the following zones, uses and limitations are hereby established within the Pinelands Area.

§ 335-70 PA Preservation Area Zone.

A. Permitted uses. Within the Preservation Area Zone, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is wholly for one or more of the following uses:

(1) 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.

(2) Agricultural employee housing as an element of and accessory to an active agricultural operation.

(3) Forestry.

(4) Fish and wildlife management and wetlands management.

[Amended 9-22-2011 by Ord. No. 2011-19]

(5) Public service infrastructure which is necessary to serve only the needs of the Preservation Area Zone. Centralized wastewater treatment and collection facilities shall be permitted to service the PA Zone only in accordance with § 335-29B(2).

[Amended 3-27-1997 by Ord. No. 97-14]

(6) Home occupations within an existing or otherwise permitted dwelling.

(7) Pinelands development credits in accordance with § 335-76 of this Code.

(8) Beekeeping.

B. Conditional uses by permit. In addition to the above-permitted uses for the Preservation Area Zone, there shall be permitted in this zone the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this Code.

(1) Detached single-family dwellings on the basis of a cultural, social or economic link to Pinelands.

(2) Low-intensity recreational uses.

(3) Continuation of mining operations in accordance with the standards of § 335-78D(6).

§ 335-71 FA Forest Area Zone.

A. Permitted uses. Within the Forest Area Zone, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

[Amended 1-28-1993 by Ord. No. 93-5; 3-27-1997 by Ord. No. 97-14; 9-22-2011 by Ord. No. 2011-19]

(1) Detached single-family dwellings and the accessory buildings and uses normally auxiliary thereto, including home occupations. Clustering of the permitted single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

(a) Permitted density shall be one unit per 25 acres.

(b) The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A(1)(a) above, with a bonus applied as follows:

[1] For parcels under 50 acres in size: zero bonus units.

[2] For parcels between 50 and 99.99 acres in size: 25% bonus.

[3] For parcels between 100 and 149.99 acres: 30% bonus.

[4] For parcels of 150 acres or more in size: 40% bonus.

(c) The residential cluster shall be located on the parcel such that the development area:

[1] Is located proximate to existing roads;

[2] Is located proximate to existing developed sites on adjacent or nearby parcels;

[3] Is or will be appropriately buffered from adjoining or nearby nonresidential land uses; and

[4] Conforms with the minimum standards of Article IV, Pinelands Area Development Standards.

(d) Development within the residential cluster shall be designed as follows:

[1] Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres.

[2] Lot width and yard requirements shall be consistent with those set forth in Tables 1, 2 and 3 for the VR Zone.

[3] Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 335-29B(4) may serve the lots within the cluster development area. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §§ 335-29B(5) or (7) shall also be permitted.

[4] The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities.

[5] Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing, so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

(e) The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, or Lacey Township or be incorporated as part of one of the lots within the cluster development area.

[1] All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Lacey Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission.

[2] Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of this chapter.

(2) Agriculture, provided that the keeping or raising of swine shall not be allowed as part of a general agricultural operation, and that not more than 10 head shall be allowed in any case, and provided, further, that no building or fence or other enclosure for the shelter of swine shall be closer than 200 feet to any property line or zone boundary and that no building, any part of which is closer to any lot line than 100 feet, shall be erected or used for the shelter of any livestock, fowl or other farm animals.

(3) Agricultural employee housing as an element of, and accessory to, an active agricultural operation.

(4) Forestry.

(5) Fish and wildlife management and wetlands management.

(6) Public service infrastructure primarily intended to serve only the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the FA Zone only in accordance with § 335-29B(2).

(7) Detached single-family dwellings on lots of 1.0 acre in accordance with § 335-77.

B. Conditional uses by permit. In addition to the above-permitted uses for the Forest Area Zone, there shall be permitted in this zone the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this Code.

(1) Detached single-family dwellings on the basis of a cultural, social or economic link to the Pinelands.

(2) Low-intensity recreational uses.

(3) Institutional uses.

(4) Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products.

[Amended 3-27-1997 by Ord. No. 97-14]

(5) Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores.

(6) Roadside retail sales and service establishments.

(7) Continuation of existing mining operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI, and Chapter 175, Excavations and Mining, § 175-9, of this Code.

[Amended 3-27-1997 by Ord. No. 97-14]

(8) Detached single-family dwellings which are not clustered in accordance with the standards of Subsection A(1) above.

[Added 9-22-2011 by Ord. No. 2011-19]

§ 335-72 (Reserved) [1]

[1] Editor’s Note: Former § 335-72, RD Rural Development Zone, as amended, was repealed 2-22-2018 by Ord. No. 2018-04.

§ 335-73 VR Village Residential Zone.

A. Permitted uses. Within the Village Residential Zone, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Detached single-family dwellings and the accessory buildings and uses normally auxiliary thereto, including home occupations.

(2) Convenience stores, restaurants and other similar food establishments, provided that the frontage and access is along Lacey Road.

(3) Banks, savings and loan associations and other similar financial establishments, provided that frontage and access is along Lacey Road.[1]

[1] Editor's Note: Former Subsection A(4) through (7), regarding churches and other places of worship; public and parochial schools; nursery schools and day-care centers; and community buildings, clubs, and similar activities, were repealed 7-13-2017 by Ord. No. 2017-18.

(4) Fire company and rescue squad buildings.

(5) Public service infrastructure necessary to serve the needs of the village.

(6) Municipal beaches, parks, playgrounds and recreation areas and other public or private lands dedicated to the preservation of open space.

(7) Municipal recreational and community center buildings and grounds.

(8) Buildings used exclusively by the municipal government for public purposes which are designed to serve the needs of the village.

(9) Public libraries, museums and post offices.

(10) Stables housing horses in accordance with Chapter 134, Animals, of this Code.

(11) Noncommercial dog kennels housing not more than two dogs on a one-acre lot nor more than six dogs on any lot.

(12) All farm, agricultural and horticultural activities and uses, as defined, provided that the keeping or raising of swine shall not be allowed except as part of a general farming operation and that no more than 10 head shall be allowed in any case, and provided, further, that no building or fence or other enclosure for the shelter of swine shall be closer than 100 feet to any property line or zone boundary and that no building, any part of which is closer than 50 feet, shall be erected or used for the shelter of any other livestock, fowl or other farm animals. No such use as specified in this Subsection A(12) shall be permitted on any lot less than five acres in area.

[Amended 7-13-2017 by Ord. No. 2017-18]

(13) Agricultural commercial establishments associated with a farm, agricultural or horticultural activity or use as permitted in Subsection A(12).

[Amended 7-13-2017 by Ord. No. 2017-18]

B. Conditional uses by permit. In addition to the above-permitted uses for the Village Residential Zone, there shall be permitted in this zone the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this Code.

(1) Uses similar in character, including accessory uses, to the above-described permitted uses.

§ 335-74 VRC Village Recreational Zone.

A. Permitted uses. Within the Village Recreational Zone, no premises, lot, land, building or structure shall be used or developed and no building or structure shall be erected or altered to be used, in whole or in part, unless it complies with the schedule of general regulations and the regulations of this chapter and is used wholly for one or more of the following uses:

(1) Municipal parks, playgrounds and recreational fields and other public or private lands dedicated to the preservation of open space.

(2) Municipal weapons-training facility for the instruction of safety and the discharge of weapons under police firearms instructors' supervision.

B. Conditional uses by permit. In addition to the above-permitted uses for the Village Recreational Zone, there shall be permitted in this zone the following uses or necessary accessories to the above-described permitted uses upon obtaining a conditional use permit from the Planning Board, subject to the standards and regulations set forth in § 335-78 of this Code.

(1) Uses similar in character, including accessory uses, to the above-described permitted uses.

§ 335-75 Substandard lots.

[Amended 3-27-1997 by Ord. No. 97-14]

A. Lots of record in FA and RD Zones. Notwithstanding any other minimum lot area provisions of this article, the owner of a parcel of land of an acre or more in the FA or RD Zones shall be entitled to develop one detached single-family dwelling on the parcel, 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 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.

(4) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

§ 335-76 Pinelands development credits.

A. Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection B below, every parcel of land in the PA 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.S.C. 7:50-4.61 et seq.

[Amended 1-28-1993 by Ord. No. 93-5]

B. Pinelands development credits are hereby established in the PA Zone at the following ratios:

(1) Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this Code: two pinelands development credits per 39 acres.

[Amended 3-27-1997 by Ord. No. 97-14]

(2) Uplands which are mined as a result of a resource extraction permit approved pursuant to this Code: zero pinelands development credits per 39 acres.

(3) Other uplands: one pinelands development credit per 39 acres.

(4) Wetlands: 0.2 pinelands development credit per 39 acres.

C. The allocations established in Subsection B above shall be reduced as follows:

(1) Any property of 10 acres which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive pinelands development credit entitlement.

(2) The pinelands development credit entitlement of a parcel of land shall be reduced by 1/4 pinelands development credit for each existing dwelling unit on the property.

(3) The pinelands development credit entitlement of a parcel of land shall be reduced by 1/4 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 G below or when a variance for cultural housing is approved by the Township pursuant to § 335-78D(11) of this chapter.

[Amended 1-28-1993 by Ord. No. 93-5]

(4) The pinelands development credit entitlement for a parcel of land shall also be reduced by 1/4 pinelands development credits for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq., when a waiver of strict compliance is granted by the Pinelands Commission.

[Added 1-28-1993 by Ord. No. 93-5]

D. 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 B above.

E. Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the PA Zone as of February 7, 1979, shall be entitled to 0.25 pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979 and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this section shall also apply to owners of record of less than 0.10 acre 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 B above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.

[Amended 3-27-1997 by Ord. No. 97-14]

F. 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 I 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.

[Amended 3-27-1997 by Ord. No. 97-14]

G. Notwithstanding the provisions of Subsection F 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 the same and that the total allocation of pinelands development credits for that property is reduced by 1/4 for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such a time as the residential development right is exercised.

H. No conveyance, sale or transfer of pinelands development credits shall occur until the Township, 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.

I. 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: 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.

[Amended 9-22-2011 by Ord. No. 2011-19; 7-12-2018 by Ord. No. 2018-20]

J. Pinelands development credits shall be used in the following manner:

[Added 1-28-1993 by Ord. No. 93-5]

(1) When a variance of density or lot area requirements for a residential or principal nonresidential use in the VR or VCR Zones is granted by the Township, pinelands development credits be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

[Amended 3-27-1997 by Ord. No. 97-14]

(2) When a variance for cultural housing is granted by the Township in accordance with § 335-78D(11) of this chapter.

(3) When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

K. In no case shall a building or construction permit be issued for any development involving the use of pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite pinelands development credits and those pinelands development credits have been redeemed with the Township. Redemption of pinelands development credits shall be accomplished in accordance with N.J.A.C. 3:42-3.6.

[Added 1-28-1993 by Ord. No. 93-5; amended 3-27-1997 by Ord. No. 97-14]

§ 335-77 Density transfer program.

[Added 1-28-1993 by Ord. No. 93-5]

Residential dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted in the RD and FA Zones, provided that:

A. The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 11 acres if development is proposed in the RD Zone and at least 25 acres if development is proposed in the FA Zone.

B. All lands acquired pursuant to Subsection A above, which may or may not be developable, are located within the same zoning district where development is proposed.

C. All noncontiguous lands acquired pursuant to Subsections A and B above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of this Chapter 335.

[Amended 9-22-2011 by Ord. No. 2011-19]

D. Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

E. The lot proposed for development otherwise meets the minimum standards of Article IV of this chapter.