[Amended 4-12-1993 by Ord. No. 10-93]

A. Residential dwellings on lots of 3.2 acres are permitted within the PA, FA-1 or FA-2 Zone, provided that: [Amended 12-30-1996 by Ord. No. 27-96]

(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 individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

(3) The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and

(4) The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.

B. Residential dwellings on one-acre lots may be permitted within the PA, FA-1, FA-2 or FA-3 Zone, provided that:

(1) The applicant satisfies all of the requirements set forth in Subsection A above;

(2) The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;

(3) The applicant qualifies for and receives from the Township a variance from the threeand-two-tenths-acre lot size requirement set forth in Subsection A above;

(4) The applicant purchases and redeems 0.25 Pinelands development credits; and

(5) Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 244-102C(3) of this chapter.

[Amended 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96; 4-12-1993 by Ord. No. 10-93; 7-14-1997 by Ord. No. 10-97]

A. Notwithstanding the density limitations or any other provisions of this article, the owner of a parcel of land of an acre or more in the FA-1, FA-2 and FA-3 Zones or the RD and RD-9 Rural Development 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 immediately 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 immediately 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, 1979.

The following general regulations apply only to the development of lands in the Pinelands Area, Jackson Township, and are in addition to those regulations cited in Articles X and XII of this chapter.

A. Notwithstanding the use restrictions contained in this article, 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 § 244-79, may be expanded or altered, provided that: [Amended 12-30-1996 by Ord. No. 27-96]

(1) The use was not abandoned or terminated subsequent to January 14, 1981;

(2) The expansion or alteration of the use is in accordance with all of the minimum standards of § 244-79; and

(3) The area of expansion does not exceed 50% 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.

B. Height limitations.

(1) 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 § 244-100B(2) below. [Amended 12-30-1996 by Ord. No. 27-96]

(2) The height limitation in § 244-100B(1) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform to the objectives of § 244-156 of this chapter:

(a) Silos, barns and other agricultural structures.

(b) Church spires.

(c) Cupolas.

(d) Domes.

(e) Monuments.

(f) Water towers.

(g) Fire observation towers.

(h) Electric transmission facilities and supporting structures.

(i) Windmills.

(j) Chimneys.

(k) Smokestacks.

(l) Derricks.

(m) Conveyers.

(n) Flag poles.

(o) Masts.

(p) Aerials.

(q) Solar energy facilities.

(r) Similar structures required to be placed above the roof level and not intended for human occupancy.

(s) Antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use.[Added 12-30-1996 by Ord. No. 27-96]

(3) The height limitation in § 244-100B(1) 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. [Added 12-30-1996 by Ord. No. 27-96]

C. In the Pinelands Area, no more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.

[Added 1-1-2005 by Ord. No. 47-04; amended 7-11-2005 by Ord. No. 27-05]

A. Purpose and intent. It is the purpose and intent of this section to ensure that a balance between human settlement and conservation of wildlife habitat may be maintained over the long term. The requirements set forth in this section are intended to complement existing and future tools for preservation and protection of critical natural resources. As a result of the study conducted by the Toms River Corridor Taskforce, it has been determined that there are inadequate mechanisms in place for the protection of upland habitats of threatened and endangered species. Therefore, an expanded buffer requirement along the main stem of the Toms River and the Ridgeway Branch is being established as a means of providing additional protection to vital wildlife habitat and ensuring that threatened and endangered species have an opportunity to thrive in Jackson Township.

B. Applicability. Along the main stem of the Toms River and the Ridgeway Branch within the Pinelands National Reserve in Jackson Township, the minimum wetlands buffer requirement of 300 feet shall be applied, and in addition an uplands buffer 300 feet in width shall also be applied to ensure protection for known upland species by creating a wider undisturbed corridor. The total buffer width is 600 feet from the wetlands boundary associated with the Toms River and Ridgeway Branch. A map entitled "Jackson Township Toms River Buffer Overlay" (dated December 6, 2004, and revised May 19, 2005) is intended to serve as a guide and for explanatory purposes, but for each property the actual location of the wetlands and buffer delineations will require field verification and approval. Lots that fall wholly or partly within the buffer overlay must comply with the regulations of the underlying zoning designation and all other applicable regulations, as well as the regulations set forth in this section.

C. Permitted uses. The following uses shall be permitted within the buffer overlay:

(1) Low intensity recreational uses, which do not involve use of a structure.

(2) Forestry, fish and wildlife management.

(3) Existing active agriculture (as of the effective date of this section) within the buffer overlay may continue and is permitted limited expansion pursuant to § 244-101E(6) below.

(4) Existing dwellings or commercial structures (as of the effective date of this section) within the buffer overlay may continue to exist and are permitted limited expansion pursuant to § 244-101E(4) below.

(5) Existing resource extraction activities and mining operations (as of the effective date of this section) may continue in accordance with a valid mining permit issued pursuant to § 244-79F(6) and are permitted limited expansion pursuant to § 244-101E(5) below.

(6) Horticulture of native Pinelands species and berry agriculture.

(7) Beekeeping.

(8) Bridges, roads, trails, utility transmission and distribution facilities and other similar linear facilities in accordance with § 244-79A(7).

D. Prohibited uses. No development shall be permitted within the buffer overlay, except as specifically authorized in § 244-101C above and § 244-101E below. This prohibition includes, but is not limited to:

(1) Intensive recreation facilities.

(2) Buildings, structures, and impervious surface.

(3) Stormwater management facilities.

(4) Clearing.

(5) New agricultural activities except as permitted in § 244-79A(1) and (2).

(6) New resource extraction activities or mining operations.

E. Exceptions. Notwithstanding the use restrictions contained in § 244-101C and D above, lots that meet one of the following conditions may be granted relief from strict adherence to the buffer overlay requirement. The relief mechanism has been designed to ensure that each property owner may attain a minimum threshold of economic and functional use of the property. When an applicant proposes development within the buffer overlay in a manner that is not consistent with the requirements set forth in this section or where the application requires a site plan, subdivision, or variances, the applicant must seek approval from the municipal board with jurisdiction.

(1) On lots in the FA-1, FA-2, FA-6, PV, RD, RD-1, RD-9 Zoning Districts in which the entire lot is effectively consumed by the buffer overlay such that no building can be constructed that would meet the bulk requirements of the zone, the applicant may prepare and submit a plan that proposes the construction of one single-family house with a garage within the buffer overlay. The applicant shall obtain a Pinelands preliminary zoning permit from the local Zoning Officer in accordance with § 244-78, prior to obtaining building permits. The Zoning Officer will confirm that the proposal meets the requirements set forth in § 244-101F below in addition to all other applicable requirements. If the proposal does not comply, the applicant shall apply to the Zoning Board for a variance. Building permits for construction within the buffer overlay shall not be issued until the footprint of disturbance has been located on a plot plan and approved by the Zoning Officer through issuance of a preliminary zoning permit. The criteria that shall be considered by the Zoning Officer, Zoning Board, Planning Board, as the case may be, are listed in § 244-101F below.

(2) On lots in the PM-1 and PVC-2 Zoning Districts in which the entire lot is effectively consumed by the buffer overlay such that no building can be constructed that would meet the bulk requirements of the zone, the applicant may prepare and submit a concept plan that allows for the construction of a nonresidential building, not to exceed 3,000 square feet of nonresidential floor area. The applicant shall obtain a certificate of filing from the Pinelands Commission prior to submitting the proposal and request for variance relief to the municipal board with jurisdiction. The proposal and request for variance relief will be reviewed by the municipal Planning Board at the time of site plan review. The criteria that shall be considered by the Zoning Officer, Zoning Board, and Planning Board are listed in § 244-101F below.

(3) Lots in the RG-2 Zoning District:

(a) On lots in the RG-2 Zoning District that are not to be served by public sewer, in which the entire lot is effectively consumed by the buffer overlay such that no building can be constructed that would meet the bulk requirements of the zone, the applicant may prepare and submit a plan that proposes the construction of one single-family house with a garage on a minimum of one acre with an alternate-design septic system [in accordance with § 244-79G(4)(f)] within the buffer overlay. The applicant shall obtain a Pinelands preliminary zoning permit from the local Zoning Officer in accordance with § 244-78, prior to obtaining building permits. The Zoning Officer will confirm that the proposal meets the requirements set forth in § 244-101F below in addition to all other applicable requirements. If the proposal does not comply, the applicant shall apply to the Zoning Board for a variance. Building permits for construction within the buffer overlay shall not be issued until the footprint of disturbance has been located on a plot plan and approved by the Zoning Officer through issuance of a preliminary zoning permit. The criteria that shall be considered by the Zoning Officer, Zoning Board, Planning Board, as the case may be, are listed in § 244-101F below.

(b) On lots in the RG-2 Zoning District that are to be served by a public sewer system, in which the entire lot is effectively consumed by the buffer overlay such that no building can be constructed that would meet the bulk requirements of the zon e, the applicant may prepare and submit a plan that proposes the construction of one single-family house with a garage within the buffer overlay that complies with the standards set forth for lots served by public sewer in § 244-90, RG-2 Regional Growth Zone. The applicant shall obtain a Pinelands preliminary zoning permit from the local Zoning Officer in accordance with § 244-78, prior to obtaining building permits. The Zoning Officer will confirm that the proposal meets the requirements set forth in § 244-101F below in addition to all other applicable requirements. If the proposal does not comply, the applicant shall apply to the Zoning Board for a variance. Building permits for construction within the buffer overlay shall not be issued until the footprint of disturbance has been located on a plot plan and approved by the Zoning Officer through the issuance of a preliminary zoning permit. The criteria that shall be considered by the Zoning Officer, Zoning Board, Planning Board, as the case may be, are listed in § 244-101F below.

(4) Existing occupied structures, whether residential or commercial in nature, located within the buffer overlay may continue to exist as preexisting nonconforming conditions.

(a) In the event that property is destroyed or altered by fire, flood, wind or other unavoidable events, the owner may reconstruct a dwelling or business of equal size in the same location.

(b) Preexisting nonconforming residential buildings shall be permitted to expand in the buffer overlay within the 20,000 square feet of permitted cleared area and in conformance with the requirements of the zone, subject to the following:

[1] Submission of a plot plan identifying the proposed building addition and the limits of clearing.

[2] Establishing that the expansion is situated in such a way that it will have least possible impact on the buffer overlay.

[3] The applicant shall obtain a Pinelands preliminary zoning permit from the local Zoning Officer in accordance with § 244-78 prior to obtaining building permits. The Zoning Officer will confirm that the proposal meets the requirements set forth in § 244-101F below in addition to all other applicable requirements. If the proposal does not comply, the applicant shall apply to the Zoning Board for a variance.

(c) Preexisting nonconforming nonresidential buildings shall be permitted to expand in the buffer overlay within the 20,000 square feet of permitted cleared area and in conformance with the requirements of the zone, subject to the following:

[1] Submission of a site plan identifying the proposed building addition, site improvements and the limits of clearing and including all required checklist items.

[2] Establishing that the expansion is situated in such a way that it will have least possible impact on the buffer overlay.

[3] The applicant shall obtain a certificate of filing from the Pinelands Commission prior to submitting the proposal and request for variance relief to the municipal board with jurisdiction. The application will be reviewed in accordance with the requirements set forth in § 244-101F below as well as all other applicable standards and regulations.

(d) Occupants of preexisting nonconforming buildings are permitted to construct accessory structures within the 20,000 square foot cleared area around the existing principal structure consistent with the requirements of the zone.

(5) Resource extraction activities and mining operations existing legally as of the effective date of this section may continue to exist and operate within the buffer overlay in accordance with a valid mining permit issued pursuant to § 244-79F(6). Expansion of such resource extraction activities and mining operations within the buffer overlay may be permitted, provided that any such expansion does not involve additional clearing and is located no closer to wetlands than the activities and operations in existence as of the effective date of this section.

(6) Active agricultural operations in existence as of the effective date of this section may continue to exist and operate within the buffer overlay. Expansion of such agricultural operations within the buffer overlay may be permitted, provided that any such expansion mee ts the following conditions:

(a) Is located no closer to wetlands than the agricultural operations in existence as of the effective date of this section; and

(b) Does not exceed 50% of the area in active agriculture as of the effective date of this sec tion.

F. Criteria. In considering a request for encroachment into the buffer overlay, the Zoning Officer, Zoning Board, and Planning Board, as the case may be, shall hear in mind the following criteria in determining whether a hardship exists and what relief should be granted:

(1) The proposed structure must be located as far as is practically possible from the wetlands.

(2) The buffer must be maintained to the maximum extent possible while providing a beneficial use .

(3) The proposed structure must be situated to minimize the amount of clearing of vegetation and trees that will be required and in no case shall the total clearing on a lot be more than 20,000 squ are feet.

(4) Where adjacent lots are developed, the buffer on the subject lot shall not be reduced to less than the existing buffer on the adjacent lot.

(5) A one-day visual survey of the area proposed for development has been completed by a qualified consultant, demonstrating that the proposed development is unlikely to have a negative impact on any threatened or endangered plant or animal species because there are no threatened or endangered plants in the area to be developed, nor any evidence of habitual sea sonal use of said area by any threatened or endangered animals.

(6) Where the buffer originates on one side of an existing paved road and the subject property is impacted by the buffer but is on the opposite side of the existing paved road the buffer may be wai ved.

(7) All development must comply with the area, yard and setback requirements of the appropriate underlying zone or must seek variance approval.

G. Special provisions for the RG-2 Zone. In accordance with the Pinelands Comprehensive Management Plan, the Regional Growth Area in Jackson Township must be configured to accommodate a net density of 3.0 dwelling units per acre with an additional net density of 1.50 units per acre available with the use of Pinelands Development Credits. In the RG-2 Zone, these net density requirements have been translated into a maximum permitted gross density of 2.0 dwelling units per acre with an additional gross density of 1.0 dwelling units per acre available through the use of Pinelands development credits. In order to allow a continued opportunity for these gross densities to be achieved on parcels affected by the buffer overlay, it may be necessary to permit a reduction in the lot sizes established in § 109-81 D(4)(b) to accommodate the density requirement, while protecting the character and environment of the Pinelands. The standards are provided in § 109-81 D(4)(c).