A. General.
(1) No building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced either wholly or in part, nor shall any land be designed, used or physically altered for any purpose or in any manner except in conformity with this chapter. Where a lot is formed from part of a lot already occupied by a building, such subdivision shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and all yards and other open space in connection therewith, and so that all resulting lots have adequate dimensions consistent with the requirements of the zoning district in which they are located, and so that all lots have frontage on a street.
(2) In all districts, after the effective date of this chapter with the exception of Subsection B below, any existing building, structure or tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed nonconforming and subject to the regulations of § 175-117 of this chapter.
(3) Where this chapter is silent as to the allowance of a use in a zone district, such silence shall be interpreted to mean that the use is not permitted. A use is not permitted in any zone district of the town unless specifically included as a use or category of use in this chapter and in the specific zone district.
B. Minimum standards for substandard lots. Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in the town, not including the Preservation Area, shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
[Amended 7-28-1997 by Ord. No. 10-1997]
(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, 1979.
C. Adult bookstores and movie houses; massage parlors. Such uses shall be conditional uses in the H-B Zone; provided, however, that no such use shall be located within 750 feet of a property line of any existing similar use, place of religious worship, school, recreational or health care facility, library, institutional use, any establishment licensed for the sale or consumption of alcoholic beverages or any existing or approved residential development consisting of 10 or more units. All conditional use and major site plan requirements and procedures shall be followed. Bulk requirements for the H-B Zone shall apply.
[Amended 11-28-2011 by Ord. No. 23-2011]
D. Community residences and other entities set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2.
[Amended 11-18-2002 by Ord. No. 40-2002]
(1) Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residence for persons with head injuries, adult family-care homes for elderly persons and physically disabled adults and all other entities which may, in the future, be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, are permitted uses in all residential districts of the Town. The requirements for said uses shall be the same as for single-family dwelling units located within such districts.
E. Pinelands development credits established.
[Amended 4-10-1989 by Ord. No. 7-1989]
(1) 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 pursuant to this section, every parcel of land in the PA, AP, AP/CLI and SAP Districts shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area. Pinelands development credits may also be allocated to certain properties in the town by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 6-28-1993 by Ord. No. 13-1993; 3-15-2001 by Ord. No. 14-2001]
(2) Pinelands development credits are hereby established in the PA District at the following ratios:
(a) Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.
[Amended 7-28-1997 by Ord. No. 10-1997]
(b) Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: 0 Pinelands development credits per 39 acres.
(c) Other uplands: 1 Pinelands development credit per 39 acres.
(d) Wetlands: 0.2 Pinelands development credits per 39 acres.
(3) Pinelands development credits are hereby established in the AP, AP/CLI and SAP Districts at the following ratios:
[Amended 3-15-2001 by Ord. No. 14-2001]
(a) Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: 2 Pinelands development credits per 39 acres.
(b) Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: 0 Pinelands development credits per 39 acres.
(c) Other uplands and areas of active berry agricultural bogs and fields: 2 Pinelands development credits per 39 acres.
(d) Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.
[Amended 7-28-1997 by Ord. No. 10-1997]
(e) Other wetlands: 0.2 Pinelands development credits per 39 acres.
[Added 6-12-1989 by Ord. No. 19-1989]
(4) The allocations established in Subsection E(2) and (3) above shall be reduced as follows:
[Amended 10-22-1990 by Ord. No. 15-1990]
(a) Any property of 10 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 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b) The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit entitlement for existing dwelling units on the property.
(c) The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 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 E(8) below or when a variance for cultural housing is approved by the town pursuant to Subsection I of this section.
[Amended 6-28-1993 by Ord. No. 13-1993]
(d) The Pinelands development credit (PDC) entitlement for a parcel of land shall also be reduced by 0.25 PDC 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 6-28-1993 by Ord. No. 13-1993]
(5) 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 E(2) and (3) above.
(6) Notwithstanding the provisions above, the owner of record of 1/10 or greater acres of land in the PA, AP or AP/CLI Districts as of February 7, 1979, shall be entitled to 1/4 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 section shall also apply to owners of record of less than 1/10 acres of land in the PA, AP or AP/CLI Districts, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection E(2) or (3) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 1/10 of an acre.
[Amended 10-22-1990 by Ord. No. 15-1990; 7-28-1997 by Ord. No. 10-1997]
(7) 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 E(10) 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 7-28-1997 by Ord. No. 10-1997]
(8) Notwithstanding the provision of Subsection E(7) 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 0.25 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.
[Amended 10-22-1990 by Ord. No. 15-1990]
(9) 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.
(10) 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:
[Amended 11-19-2018 by Ord. No. 42-2018]
(a) In the PA District: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; and 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 4-22-2013 by Ord. No. 005-2013]
(b) In the AP and AP/CLI Districts: Agriculture; forestry; 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; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; and agricultural products processing facilities; and accessory uses.
[Amended 10-22-1990 by Ord. No. 15-1990; 4-22-2013 by Ord. No. 005-2013]
(c) In all other zoning districts: Agriculture; forestry and low intensity recreational uses.
[Added 6-28-1993 by Ord. No. 13-1993]
(d) In the SAP District: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; and agricultural employee housing as an accessory use; and accessory uses.
[Added 3-15-2001 by Ord. No. 14-2001; 4-22-2013 by Ord. No. 005-2013]
(11) No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the town with evidence of his ownership of the requisite Pinelands development credits; provided, however, that the town may grant preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. In no case shall a building or construction permit be issued for any development involving the use of PDC's until the developer has provided the Pinelands Commission and the town with evidence of his ownership of the requisite PDC's and those PDC's have been redeemed with the town. Notification of any such preliminary or final approval shall be made to the Pinelands Commission pursuant to § 175-60D(3) and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of Pinelands development credits shall thereafter be accomplished in accordance with N.J.A.C. 3:42-3.6.
[Amended 6-28-1993 by Ord. No. 13-1993; 7-28-1997 by Ord. No. 10-1997]
(12) Pinelands development credits shall be used in the following manner:
[Added 6-28-1993 by Ord. No. 13-1993]
(a) When a variance of density or lot area requirements for a residential or principal nonresidential use in the RR, R-1, R-2, R-3, H-B, M-1, REC, M-2, and the GW-2 Gateway Districts is granted by the town, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 7-28-1997 by Ord. No. 10-1997; 11-28-2011 by Ord. No. 23-2011]
(b) When a variance for cultural housing is granted by the town in accordance with Subsection I of this section.
(c) When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
F. Manufactured housing. Such housing in accordance with § 175-10 shall be permitted in the Town of Hammonton to the same extent and under the same regulations as single-family detached dwelling units.
G. Residential dwelling units on 3.2 acre lots may be permitted in the PA, FA, AP, AP/CLI and SAP Districts, provided that:
[Added 4-10-1989 by Ord. No. 7-1989; amended 7-28-1997 by Ord. No. 10-1997; 3-15-2001 by Ord. No. 14-2001]
(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.
H. Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.
[Added 4-10-1989 by Ord. No. 7-1989]
I. Additional provisions for cultural housing. Residential dwelling units on one-acre lots may be permitted in the PA, FA, AP, AP/CLI and SAP Districts, provided that:
[Added 4-10-1989 by Ord. No. 7-1989; amended 6-12-1989 by Ord. No. 19-1989; 6-28-1993 by Ord. No. 13-1993; 3-15-2001 by Ord. No. 14-2001]
(1) The applicant satisfies all of the requirements set forth in Subsection G above.
(2) The lot to be developed existed as of February 8, 1979, or was created 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 three-and-two-tenths-acre lot size requirement set forth in Subsection G above.
(4) The applicant purchases and redeems 0.25 Pinelands development credits.
(5) Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to Subsection E(4) of this section.
J. Density transfer program. Residential dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted in the FA District, provided that:
[Added 6-28-1993 by Ord. No. 13-1993]
(1) 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 34 acres.
(2) All lands acquired pursuant to Subsection J(1) above, which may or may not be developable, are located within the FA District.
(3) All noncontiguous lands acquired pursuant to Subsection J(1) and (2) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
(a) The deed of restriction shall permit the parcel to be managed for:
[1] 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] Where agricultural use exists on a parcel to be protected, the following standards shall apply:
[a] For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b] For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[c] For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection [2][b] above, the deed of restriction shall permit the land to be managed only in accordance with subsection a. above and shall not provide for continuation of any agricultural use on the parcel; and
[d] The deed of restriction to be recorded pursuant to Subsection [2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(b) The deed of restriction shall be in favor of the parcel to be developed and the Town or another public agency or non-profit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Town Solicitor and the Pinelands Commission.
[Amended 4-22-2013 by Ord. No. 005-2013]
(4) Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.
(5) The lot proposed for development otherwise meets the minimum standards of Article XII of this chapter.
K. Special provision for substandard lots in Blocks 1501, 1502 and 1601 in the Forest Area Zone. Notwithstanding the density limitations of § 175-147B, the owner of a parcel of land of 3.2 acres or more in the Forest Area Zone shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
[Added 12-14-1998 by Ord. No. 30-1998]
(1) The parcel to be developed was not in common ownership with any contiguous land on or after November 1, 1998, that contains substantial improvements;
(2) The parcel to be developed includes all vacant contiguous lands in common ownership on or after November 1, 1998; and
(3) The parcel to be developed is located within Block 1501, 1502 or 1601.
L. Flag Lots.
[Added 9-27-2010 by Ord. No. 21-2010]
(1) Definitions. As used in this Subsection L, the following terms shall have the meanings indicated:
FLAG LOT
A lot not satisfying the conventional minimum lot frontage requirements of the zone district, generally configured in the shape of a flag, with its road frontage provided by a strip of land referred to as the "pole" or "flagstaff" portion of the lot.
FLAGSTAFF or POLE
The portion of a flag lot consisting of a strip of land with insufficient lot frontage which, when setback limitations are applied, contains no building envelope. The primary purpose of the flagstaff or pole is to provide road frontage and access for a flag lot.
FLAG
The portion of the flag lot at the end of the pole.
(2) In a minor subdivision, one lot may be permitted which fails to meet the minimum lot width requirements for a conventional residential development in the subject zone, provided that:
(a) That portion of the flag lot providing access to the rear of said lot must be no less than 50 feet in width, no more than 400 feet in length extending uniformly from the lot frontage line to the rear lot line of the non-flag-type lot. This area shall be known as the "pole" of the flag. Notwithstanding the previous sentences, the total area of the pole shall not exceed 20% of the total lot area. If the access strip is more than 400 feet long or serves more than one dwelling unit, access to the rear shall be only by a standard municipal street and a cul-de-sac dedicated as a public street. Any dedicated municipal street must meet residential site improvement standards ("RSIS"). No structures may be constructed in the pole area nor in the areas of the pole as extended to the rear of the lot, except for a mailbox and/or trash enclosure which shall not be located within the sight triangle. (The "pole" of the flag, must be part of the lot as set forth above and cannot be satisfied through the obtainment of an easement across any other lot).
(b) Only one lot of insufficient width is permitted, and such lot shall have at least three times the minimum lot area, but in no case shall a flag lot be less than 1.6 acres in size when such lot has public sewerage available; and 3.2 acres in size when such lot has no public sewerage available.
(c) The flag portion of the flag lot shall require one-hundred-foot front and rear yard setbacks and eighty-foot side yard setbacks for any dwelling, building and/or structure.
(d) All lots other than the flag lot shall have a minimum lot width of 100 feet.
(e) An applicant requesting a flag lot subdivision may not own any contiguous lot or lots which would, if combined, provide sufficient lot frontage and lot width to create conforming, non-flag-type lots.
(f) Placement of a private driveway within the pole shall provide for a ten-foot-minimum open space grass or landscaped area between the adjacent property line and the edge of the private driveway. A private driveway within the pole shall be no less than 20 feet wide and shall be no less than 24 feet, measured along the curbline, from any adjacent driveway.
(g) The flag lot must contain a turnaround area so that an exiting vehicle can exit in a forward direction.
(h) All flag lots shall meet all applicable standards as established by the Town of Hammonton Fire Chief to ensure safe access to the property by emergency vehicles.
(3) Drawings attached for illustrative purposes only: Editor's Note: Said drawings are included at the end of this chapter.
(a) Two-Lot Flag Lot Minor Subdivision.
(b) Three-Lot Flag Lot Minor Subdivision.
M. Cannabis. All classes of cannabis establishments, cannabis distributors or cannabis delivery services as said terms are defined in the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), are hereby prohibited within the Town of Hammonton, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service.
[Added 5-24-2021 by Ord. No. 004-2021]
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