This chapter shall be known as the "Zoning Ordinance for the Pinelands Area of the Township of Winslow."
The purposes of this chapter are to:
A. Promote orderly development. To protect the character and maintain the stability of residential, business and industrial areas and secure and protect open space and recreation areas with the township and to promote the orderly and beneficial development of the township.
B. Limit congestion on streets. To limit congestion in the public streets and to protect the public health, safety, convenience and the general welfare by providing for off-street parking of motor vehicles and for the loading and unloading of commercial vehicles.
C. Protect against hazards. To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and the general welfare.
D. Regulate intensity of use. To regulate the intensity of use within zoning districts and to determine the area of open spaces surrounding buildings, which spaces shall be necessary to provide adequate light and air, privacy, convenience and access to property and to protect the public health.
E. Regulate location of buildings. To establish building lines and the location of buildings designed for residential, commercial, industrial or other uses within such lines.
F. Establish standards of development and encourage good aesthetics. To fix reasonable standards to which buildings or structures shall conform and to encourage the highest standards to which buildings or structures shall conform and to encourage the highest standards of aesthetics within the township.
G. Prohibit incompatible uses. To prohibit uses, buildings or structures which are incompatible with the character of development of the permitted uses within specified zoning districts.
H. Regulate alterations of existing buildings. To prevent such additions to and alterations or remodeling of existing buildings or structures as would not comply with the restrictions and limitations imposed hereunder.
I. Conserve taxable value of land. To conserve the taxable value of land and buildings throughout the township.
J. Implement Master Plan. To implement the Master Plan for the Pinelands Area of the township, particularly the land use element of said plan.
K.Implement Pinelands standards. To implement t he Pinelands Protection Act. (N.J.S.A. 13:18-1 to 18A-29) and the Pinelands Comprehensive Management Plan so as to preserve and protect the significant and unique resources of the Pinelands.
[Amended 6-22-88 by Ord. No. 0-16-88]
A.[Amended 7-20-93 by Ord. No. 0-20-93; 3-26-02 by Ord. No. 0.6-02] The Pinelands Area of the township is hereby classified into eighteen (18) zoning districts which are consistent with the Pinelands Management Areas set forth in Section 5.201 through 5.208 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.11 et-seq.) and shall be known and identified as:
PR-1 Rural Residential
PR-2 Low-Density Residential
PR-3 Medium-Density Residential
PR-4 High-Density Residential
PR-5 Pinelands Rural Development Residential
PR-6 Pinelands Village Low-Density Residential
PC-1 Minor Commercial
PC-2 Major Commercial
PC-3 Pinelands Village Minor Commercial
PC-4 Pinelands Rural Development Minor Commercial
PTC Pinelands Town Center
PI-1 Industrial
PI-2 Pinelands Village Industrial
PI-3 Pinelands Rural Development Industrial
PRC Recreation and Conservation
PP Preservation Area
PA Agricultural
Ancora
B. The Township of Winslow finds that for the public health, safety and general welfare of its citizens, all resource extraction operations are now prohibited in any and all districts within the Township of Winslow. Any existing resource extraction operation may continue to operate within the Township of Winslow subject to the licensing requirements and regulations of Chapter 179, as amended, of the Code of the Township of Winslow:
(1) For the purpose of this subsection, the term "resource extraction" shall mean the removal of soil for sale or for use other than on the premises from which the soil shall be taken.
(2) The term "soil" shall be defined as both surface (topsoil) and subsoil and shall include dirt, stone, gravel, sand, humus, clay, loam, rock ilmenite and mixtures of any of these. [Amended 3-2-89 by Ord. No. 0-14-89]
(3) Notwithstanding the above, the extraction or mining of soil, other than sand, gravel, clay and ilmenite, is prohibited in the Pinelands Area. [Amended 3-2289 by Ord. No. 0-14-89]
The boundaries of all zoning districts set forth in this chapter are shown on the map entitled "Zoning Map, Pinelands Area of Winslow Township," which map is hereby made part of this chapter. [Map amendments: 5-19-92 by Ord. No. 0-11-92; 720-93 by Ord. No. 0-20-93; 12-20-94 by Ord. No. 0-27-94; 428-98 by Ord. No. 0-9-98; 3-26-02 by Ord. No. 0-6-02; 3-2602 by Ord. No. 0-7-022; 5-24-05 by Ord. No. 0-15-05]
**Webmasters Note: The previous sections, 296-3.B(1) through 296-4, have been amended as per Supplement No. R-54.
Zoning district boundaries are intended to follow lot and property lines, street or alley lines or by hypothetical extensions of said lines. Where the Zoning Map indicates a district boundary approximately on a lot, street or alley line, the center line of said lot, street or alley shall be construed to be the boundary. Where district boundaries approximately follow lot lines and where they do not scale more than ten (10) feet distant therefrom, such lines shall be construed to be such boundaries, unless specifically shown otherwise.
[Amended 5-24-89 by Ord. No. 0.27-89]
A.. Hereafter, no land shall be used or occupied and no building structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the zoning district in which such land, building or structure is located. In cases of mixed use of occupancy, the regulations for each use shall apply to the portion of the building or land so used or occupied.
B.. No more than one (1) principal use shall be located on one (1) lot, except for forestry, agriculture, horticulture, fish and wildlife management, and recreational development on agricultural lands.
A.. Terms defined in the Pinelands Plan. The following certain terms, words or phrases used in this chapter which are peculiar to the standards and development regulations established by the Pinelands Commission are intended to have the meanings as defined in Section 2-201 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-2.11): affordable housing; agricultural service establishment; agricultural employee housing; agricultural or horticultural purpose or use; agricultural products processing facilities; animals, threatened or endangered; building; Building Commission; camper; campsite; comprehensive management plan; contiguous land; density; drainage; dwelling; dwelling unit; electric distribution lines; electric transmission lines; erosion; family; fire hazard; forestry management plan and habitat; height; immediate family; impermeable surface; institutional use; interested person or party; land; low-income household; median income; middle-income household; moderate-income household; mobile home; navigable waters; off-site commercial advertising sign; parcel; person; plants, threatened or endangered; preservation area; protection area; public development; recommended management practice; sign; standard subsurface sewage disposal system; structural alteration; structure; subdivision; utility distribution line; and wetlands. [Amended 2-23-83 by Ord. No. 0-2-83; 3-22-89 by Ord. No. 0-19-89; 5-24-89 by Ord. No. 0-27-89]
B. Specific definitions. Because of the frequent use and importance of certain terms, their specific definitions are given below. Said terms shall have the meanings hereinafter stated, unless the context shows another sense to be intended:
ACCESSORY USE OR BUILDING - (Amended 2-25-97 by Ord. No. 0-2-97] - A use or building which:
(1) Is subordinate to and serves a principal building or a principal use;
(2) Is subordinate in area, extent and purpose to the principal building or principal use served;
(3) Contributes primarily to the comfort, convenience or necessity of the occupants, business. or industry of the principal building or principal use served; and
(4) Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
AGRICULTURAL COMMERCIAL ESTABLISHMENT - A retail sales establishment primarily intended to sell agricultural products in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include a farm itself, nor facilities which are solely processing facilities. [Added 8-23-89 by Ord. No. 0-41-89]
APPLICATION FOR DEVELOPMENT - Means any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite for initiating development in the Pinelands Area, except as provided in Section 40-38. [Added 5-24-89 by Ord. No. 0-27-89]
APPROVAL AGENCY - Any board, body or other authority within the township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval. [Added 2-23,83 by Ord. No. 0-2-83]
CERTIFICATE OF APPROPRIATENESS - Issued by the Township Planning Board, as authorized under Section 6-1405 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.156), as a means for ensuring the review of plans to alter, remodel, relocate or demolish structures, areas or sites designated in the Pinelands Area as historic, archaeological or cultural resources of significance to the Pinelands. [Amended 5-24-89 by Ord. No. 0-27-89]
CERTIFICATE OF FILING - Issued by the Executive Director of the Pinelands Commission on applications for development within the Pinelands Area as a prerequisite for determination by a local permitting agency that an application for development within the municipality is complete. [Amended 5-24-89 by Ord. No. 0-27-89]
DEVELOPER - The legal or beneficial owner or owners of a lot or of any land proposed to be included in a development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT - The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two (2) or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
(2) A reconstruction, alteration of size or material change in the external appearance of a structure or land.
(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
(4) Commencement of resource extraction, drilling or excavation on a parcel of land.
(5) Demolition of a structure or removal of trees.
(6) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(7) In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste material.
(8) Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
(9) Commencement of forestry activities. [Added 5-24-89 by Ord. No. 0-27-89]
DEVELOPMENT APPROVAL - Any approval granted by an approval agency, including appeals to the governing body, except certification of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval. [Added 2-25-83 by Ord. No. 0-2-83]
DEVELOPMENT, MAJOR - Any division of land into five (5) or more lots: any construction or expansion of any housing development of five (5) or more dwelling units: any construction or expansion of any commercial or industrial use or structure on a site of more than three (3) acres; or any grading, clearing or disturbance of an area in excess of five thousand (5,000) square feet.
DEVELOPMENT, MINOR - All development other than major development.
FISH AND WILDLIFE MANAGEMENT - The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
FLOODPLAIN - The relatively flat area adjoining the channel of a natural stream, which has been or may be hereafter covered by floodwater.
FORESTRY - [Amended 2-25-97 by Ord. No. 0-2-97] The planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry and, although they may otherwise require an application for development, they shall not require the issuance of a forestry permit:
(1) Removal of trees located on a parcel of land one (1) 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. [Added 5.24-89 by Ord. No. 0.27-89]
HISTORIC RESOURCE - Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, State, county, local or regional level. [Amended 5.24-89 by Ord. No. 0-27-89; 2- 25-97 by Ord. No. 0-2-97]
HYDROPHYTES - Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
IMMEDIATE FAMILY - Means those persons related by blood or legal relationship in the following manner: grandparents, grandchildren, parents, sons, daughters, brothers and sisters, husbands and wives, great-grandparents and great-grandchildren, aunts and uncles, nephews, nieces and first cousins. [Added 5-24-89 by Ord. No. 0-27-89; amended 2-25-97 by Ord. No. 0-2-97]
INSTITUTIONAL USE - Means any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities. [Added 5-24-89 by Ord. No. 0-27-89; amended 6-19-01 by Ord. No. 0-13-2001]
INTERESTED PERSON OR PARTY - Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter. [Added 2-2383 by Ord. No. 0-2-83]
INTERIM RULES AND REGULATIONS - Means the regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq. [Added 5-24- 89 by Ord. No. 0-27-89)
LANDFILL - A site where any waste is disposed of by application on or into the land, with or without the use of management practices or soil covering. It does not include a site where land application of waste or waste derived material occurs in accordance with N.J.A.C. 7:50-6.79. [Amended 2-25-97 by Ord. No. 0-2-97]
LOCAL COMMUNICATIONS FACILITY - An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point to point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters. [Added 2-25-97 by Ord. No. 0-2-97]
PINELANDS - The Pinelands National Reserve and the Pinelands Area.
PINELANDS AREA - That area designated as such by Section 10(a) of the Pinelands Protection Act
PINELANDS COMMISSION - Created pursuant to Section 5 of the Pinelands Protection Act.
PINELANDS COMPREHENSIVE MANAGEMENT PLAN - The plan adopted by the Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
PINELANDS DEVELOPMENT CREDITS - A use right allocated to certain lands within the Pinelands Area, pursuant to Section 5- 403 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.43 ), that can be used to secure a residential density bonus on certain lands within the township.
PINELANDS DEVELOPMENT REVIEW BOARD Means the agency responsible from February 8, 1979 until June 28, 1979 for the review of and action on applications for development in the Pinelands Area which required approvals of other State agencies, except where the Pinelands Commission acted on applications during that time period. [Added 5-24-89 by Ord. No. 027-89]
PINELANDS NATIONAL RESERVE - That area designated as such by Section 3i of the Pinelands Protection Act.
PINELANDS PROTECTION ACT - N.J.S.A. 13:18A-1 to 18A-29.
PINELANDS RESOURCE-RELATED USE - Any use which is based on resources which are indigenous to the Pinelands; including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite. [Amended 5-24-89 by Ord. No. 0-27-89]
PUBLIC SERVICE INFRASTRUCTURE - Means sewer service, gas, electricity, water, telephone, cable television, and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity. [Added 5-24-89 by Ord. No. 0-27-89]
RECORD TREE - The largest tree of a particular species in New Jersey based on its circumference at four and five-tenths (4.5) feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission. [Added 2-25-97 by Ord. No. 0-2-97]
RECREATIONAL FACILITY, INTENSIVE - Any recreational facility which does not satisfy the definition of "low-intensive recreational facility," including but not limited to golf courses, marinas, amusement parks, hotels and motels. [Amended 5-24-89 by Ord. No. 0-27-89]
RECREATIONAL FACILITY, LOW-INTENSIVE - A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling. [Amended 2-25-97 by Ord. No. 0.2-97]
REGIONAL GROWTH AREA - That area within the Pinelands section of Winslow Township designated by the township and approved by the Pinelands Commission as a growth area and delineated on the Winslow Township Zoning Map as the "Regional Growth Area." [Added 4-24-91 by Ord. No. 0-12-91]
RESOURCE CONSERVATION PLAN - A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
RESOURCE EXTRACTION - The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner. [Amended 5-2489 by Ord. No. 0-27-89]
SEASONAL HIGH-WATER TABLE - The level below, the natural surface of the ground to which water seasonally rises in the soil in most years. (Amended 524-89 by Ord. No. 0.27-89]
SPECIMEN TREE - [Repealed 2-25-97 by Ord. No. U-2-97]
WETLANDS - Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" include lands with poorly drained or very poorly drained soils, as designated by the Soil Conservation Service of the United States Department of Agriculture. "Wetlands" include coastal wetlands and inland wetlands, including submerged lands. Inland wetlands include, but are not limited to, Atlantic white cedar swamps, hardwood swamps, pitch pine lowlands, bogs, inland marshes, lakes and ponds and rivers and streams.
WETLANDS SOILS - Those soils designated as very poorly drained by the Soil Conservation Service, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon Muck, Othello, Pocomoke, St. Johns and freshwater marsh and tidal marsh soil types.
