[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No.
213A]
A. 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.
B. Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
(1) 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
(2) Revegetate or landscape areas temporarily cleared
or disturbed during development activities.
C. All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection
D below.
D. 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
C above or required pursuant to §
170-10C(3)(e) of Chapter
170, Subdivision and Land Development, shall incorporate the following elements:
(1) The limits of clearing shall be identified;
(2) 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;
(3) 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 nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(4) 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:
(a)
When the parcel to be developed or its environs
contains a predominance of shrubs and tree species not authorized
by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings
and other structures; or
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
E. No development shall be carried out in the Borough
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of populations of threatened or
endangered animals designated in N.J.A.C. 7:50-6.27.
[Amended 2-23-1989 by Ord. No. 217]
A. Protection of threatened or endangered wildlife required.
No development shall be carried out in the Borough unless it is designed
to avoid irreversible adverse impacts on habitats that are critical
to the survival of any local populations of threatened or endangered
animals designated by the Department of Environmental Protection pursuant
to N.J.S.A. 23:2A et seq.
[Amended 9-28-1989 by Ord. No. 223]
B. Protection of wildlife habitat. All development or
other authorized activity shall be carried out in the Borough in a
manner which avoids disturbance to distinct fish and wildlife habitats
that are essential to the continued nesting, resting, breeding and
feeding of significant populations of fish and wildlife in the Pinelands.
[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No. 213]
A. Permit required. No forestry in the Borough shall
be carried out by any person unless a permit for such activity has
been issued by the Borough Zoning Officer. Notwithstanding this requirement,
no such permits shall be required for the following forestry activities:
(1) Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(2) 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;
(3) 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;
(4) 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
(5) Prescribed burning and the clearing and maintaining
of fire breaks.
B. Forestry application requirements. The information in Subsection
B(1),
(2) or
(3) below shall be submitted to the Borough Zoning Officer prior to the issuance of any forestry permit:
(1) 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 Comprehensive Management Plan. No certificate of filing from
the Pinelands Commission shall be required.
(2) For forestry activities on a parcel of land approved
for woodland assessment that is not enrolled in the New Jersey Forest
Stewardship Program:
(a)
A copy of the woodland management plan, the
scaled map of the parcel and a completed woodland data form, prepared
pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7
through 2.15;
(b)
If not already contained in the woodland management plan required in Subsection
B(2)(a) above, the following shall be submitted:
[1]
The applicant's name, address and 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 block and lot designation and street address,
if any, of the subject parcel;
[4]
A brief written statement generally describing
the proposed forestry activities; and
[5]
The relevant portion of a USGS quadrangle map,
or copy thereof, and a copy of the relevant portion of the municipal
tax map sheet on which the boundaries of the subject parcel and the
municipal zoning designation are shown.
(c)
A scaled map or statement indicating how the standards set forth in Subsections
C(2),
(3),
(4),
(6),
(9) and
(10) below will be met;
(d)
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§
200-43E and
200-44;
(e)
Unless the Pinelands Commission determines that it is unnecessary, 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 §
200-51;
(f)
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
C(8) below;
(g)
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;
(h)
A letter from the New Jersey State Forester
indicating that the proposed forestry activities adhere to the silvicultural
practices contained in the Society of American Foresters Forestry
Handbook, Second Edition, pages 413 through 455;
(i)
A letter from the New Jersey State Forester commenting on extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsections
C(9) and
(10) below;
(j)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
(k)
When prior approval for the forestry activities has been granted by the Zoning Officer or other Borough approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to §
200-66.
(3) For forestry activities on a parcel of land that has
not been approved for woodland assessment and is not enrolled in the
New Jersey Forest Stewardship Program:
(a)
The information required in Section B(2)(b)
through (k) above; and
(b)
A forestry activity plan which includes, as
appropriate:
[1]
A cover page for the forestry activity plan
containing:
[a] The name, mailing address and telephone
number of the owner of the subject parcel;
[b] The municipality and county in
which the subject parcel is located;
[c] The block and lot designation and
street address, if any, of the subject parcel;
[d] The name and address of the forester
who prepared the plan, if not prepared by the owner of the subject
parcel; and
[e] The date the plan was prepared
and the period of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's
objectives for undertaking the proposed forestry activities, silvicultural
prescriptions and management practices;
[3]
A description of each forest stand in which
a proposed activity, prescription or practice will occur. These stand
descriptions shall be keyed to an activity map and shall include,
as appropriate, the following information:
[b] The species composition, including
overstory and understory;
[c] The general condition and quality;
[d] The structure, including age classes,
diameter breast height (DBH) classes and crown classes;
[e] The overall site quality;
[f] The condition and species composition
of advanced regeneration when applicable; and
[g] The stocking levels, growth rates
and volume.
[4]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period. These may include, but are not necessarily limited
to, a description of:
[a] Stand improvement practices;
[b] Site preparation practices;
[d] Regeneration and reforestation
practices;
[e] Improvements, including road construction,
stream crossings, landings, loading areas and skid trails; and
[5]
A description, if appropriate, of the forest
products to be harvested, including the following:
[a] Volume: cords, board feet;
[b] Diameter breast height (DBH) classes
and average diameter;
[e] Number of trees per acre.
[6]
A property map of the entire parcel which includes
the following:
[a] The owner's name, address and the
date the map was prepared;
[b] An arrow designating the North
direction;
[c] A scale which is not smaller than
one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d] The location of all property lines;
[e] A delineation of the physical features
such as roads, streams and structures;
[f] The identification of soil types
(a separate map may be used for this purpose);
[g] A map inset showing the location
of the parcel in relation to the local area;
[h] 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
[i] A legend defining the symbols appearing
on the map.
C. Forestry standards. Forestry operations shall be approved
if the standards set forth below will be met:
(1) All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection
B(2)(h) above shall serve as evidence that this standard is met;
(2) 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;
(3) All silvicultural and reforestation practices shall
serve to maintain native forests, except in those areas where nonnative
species are proposed to be harvested;
(4) The following actions shall be required to encourage
the reforestation of Atlantic White Cedar in cedar and hardwood swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where
necessary, to protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries,
where practical;
(e)
Harvesting during dry periods or when the ground
is frozen; and
(f)
Utilizing the least intrusive harvesting techniques,
including the use of winches and corduroy roads, where practical.
(5) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§
200-43E and
200-44;
(6) 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;
(7) 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 §
200-51;
(8) Herbicide treatments shall be permitted, provided
that:
(a)
The proposed treatment is identified in the
forestry application submitted to the Zoning Officer pursuant to Section
B(2)(f) above;
(b)
Control of competitive plant species is clearly
necessary;
(c)
Control of competitive plant species by other,
nonchemical means is not feasible; and
(d)
All chemicals shall be expressly labeled for
forestry use and shall be used in a manner that is consistent with
relevant state and federal requirements;
(9) 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 or reestablished. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% 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. Submission of an approved New Jersey Forest Stewardship
Plan or a letter from the State Forester indicating that the proposed
forestry activities are consistent with the New Jersey Forestry and
Wetlands Best Management Practices Manual shall serve as evidence
that this standard is met;
(10)
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 minimum
changes to surface water and groundwater hydrology; minimize changes
to temperature and other existing surface water quality conditions;
prevent unnecessary soil erosion, siltation and sedimentation; and
minimize unnecessary disturbances to aquatic and forest habitats.
Submission of an approved New Jersey Forest Stewardship Plan or a
letter from the State Forester indicating that the proposed forestry
activities are consistent with the New Jersey Forestry and Wetlands
Best Management Practices Manual shall serve as evidence that this
standard is met; and
(11)
A copy of the forestry permit issued by the
Borough Zoning Officer shall be conspicuously posted on the parcel
which is the site of the forestry activity.
D. Forestry permit procedures.
(1) Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $25.
(2) 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.
(3) Within 45 days of determining an application to be complete pursuant to Subsection
D(2) 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
C above or disapprove any application which does not meet the requirements of Subsection
C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4) Upon receipt of a notice of disapproval pursuant to Subsection
D(3) 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
C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection
D(3) above.
(5) Failure of the Zoning Officer to act within the time period prescribed in Subsection
D(3) and
(4) 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.
(6) 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 §
200-66D through
G.
(7) Forestry permits shall be valid for a period of 10
years. Nothing in this section shall be construed to prohibit any
person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
E. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection
D(3) above, the applicant shall be required to pay of a sum of $250, 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.
F. 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.
[Amended 2-23-1989 by Ord. No. 217]
All developments within the Borough shall conform
to the following requirements:
A. All recreation areas and facilities shall be designed
in accordance with the New Jersey Department of Environmental Protection
publication "Administration Guidelines: Barrier-Free Design Standards
for Parks and Recreational Facilities."
B. Improved bicycling facilities shall be provided only
in conjunction with paved roads.
[Amended 5-8-1997 by Ord. No. 213A]
No hazardous or toxic substances, including
hazardous wastes, shall be stored, transferred, processed, discharged,
disposed or otherwise used in the Borough. The land application of
waste or waste-derived materials is prohibited in the Pinelands Area,
except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management
facilities shall only be permitted in the Borough in accordance with
the standards set forth in N.J.A.C. 7:50-6.
All development shall be carried out in a manner
which promotes energy conservation. Such measures may include southern
orientation of buildings, landscaping to permit solar access and the
use of energy conserving building materials.