Township of Southampton, NJ Pinelands Development

The improvement, expansion, or reconstruction within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto.

The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling.

The improvement, expansion, construction, or reconstruction of any structure used exclusively for agricultural or horticultural purposes.

The construction, repair, or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.

The repair of existing utility distribution lines.

The clearing of less than 1,500 square feet of land.

The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:

If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.

The demolition of any structure that is less than 50 years old.

The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits.

The repair or replacement of any existing on-site waste water disposal system.

The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.

The clearing of land solely for agricultural or horticultural purposes.

Fences, provided no more than 1,500 square feet of land is to be cleared.

Aboveground telephone equipment cabinets.

(o)

Tree pruning.

(p)

The following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

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;

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; and

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.

(q)

Prescribed burning and the clearing and maintaining of fire breaks.

(r)

Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 19-4.2c or 12-10.

(s)

The installation of an accessory solar energy facility on any existing structure or impervious surface.

(t)

The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.

(u)

The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

The exceptions contained in Subsection 2 above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

Nothing herein shall preclude any local or State agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

Special requirements for minor development.

Any application for approval of minor development shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

On-site treatment facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and

Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 19-4 below;

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;

A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;

A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and

When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Subsection 19-1.5f below.

In lieu of the requirements in Subsection b.1 above, the application requirements of Chapter 12, Subsection 12-8.3A, shall apply to applications for development of an existing lot of record.

Other application requirements; certificate of filing.

All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 4.2(b)5, as well as the following:

When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Subsection 19-1.5f.

Any application for approval of forestry operations shall be subject to the requirements of Subsection 19-4.4a of this chapter.

Any application for approval of resource extraction operations shall be subject to the requirements of Subsection 19-4.12b of this chapter.

Reference of applications to environmental commission. All applications for development approval shall be referred to the Environmental Commission for review and comment.

Notices to the Pinelands Commission.

[Amended 11-20-2018 by Ord. No. 2018-13]

Application submission and modifications. Written notification shall be given by the Township, by e-mail or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

A brief description of the proposed development, including uses and intensity of uses proposed;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;

The approval agency with which the application or change thereto was filed;

The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and

The nature of the municipal approval or approvals being sought.

Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by e-mail, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

The name and address of the applicant;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date, time and location of the meeting, hearing, or other formal proceeding;

The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and

The purpose for which the meeting, hearing or other formal proceeding is to be held.

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by e-mail or regular mail to the Pinelands Commission. Such notice shall contain the following information:

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the approval or denial was issued by the approval agency;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;

Any revisions to the application not previously submitted to the Commission; and

A copy of the resolution, permit, or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

Except as provided in Chapter 12, Subsection 12-8.3a, the requirements of Subsection 19-1.5e shall not apply to the issuance of a zoning permit or a denial to issue a zoning permit for the development of an existing lot of record.

Review by Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection e.3 above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.27 through N.J.A.C. 7:50-4.43. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the commission will review the application for development, no development shall be carried out until such review has been completed.

Pursuant to N.J.A.C. 7:50-4.1(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of local approval under this section.

Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

Except as provided in Chapter 12, Subsection 12-8.3a, the requirements of Subsection 19-1.5f shall not apply to the issuance of a zoning permit or a denial to issue a zoning permit for the development of an existing lot of record.

Condition on prior approvals by Township.

Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

Notification is received from the Pinelands Commission that review of the Township's approval is not required; or

Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.

Except as provided in Chapter 12, Subsection 12-8.3a, the requirements of Subsection 19-1.5g shall not apply to the issuance of a zoning permit or a denial to issue a zoning permit for the development of an existing lot of record.

Effect of Pinelands Commission's decision on Township's approval.

If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days of the Commission's action and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the commission; and if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

Except as provided in Chapter 12, Subsection 12-8.3a, the requirements of Subsection 19-1.5h shall not apply to the issuance of a zoning permit or a denial to issue a zoning permit for the development of an existing lot of record.

Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Township involving the development of land in the Pinelands area pursuant to N.J.A.C. 7:50-4.36.

Public development. All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in § 19-4 of this chapter.

Amendments. In amending this chapter, the Township's Master Plan, or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.

Pinelands development credits (PDC).

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 paragraph 2. below, every parcel of land in the Agricultural Production and Agricultural Production/Industrial Zones shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Rural Community Zone. Any residential development in the Rural Community Zone which is approved by variance at a density which exceeds the maximum permitted in the district shall require that Pinelands development credits be used for all dwelling units which exceed the maximum otherwise permitted. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

Pinelands development credits are hereby established in the Agricultural Production and Agricultural Production/Industrial Zones at the following ratios:

Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;

Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres;

Wetlands in active field agricultural use currently and as of February 7, 1979: two Pinelands development credits per 39 acres; and

Other wetlands: two-tenths Pinelands development credits per 39 acres.

The allocations established in paragraph 2. above shall be reduced as follows:

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.

The Pinelands development credit entitlement of a parcel of land shall be reduced by one-quarter Pinelands development credit for each existing dwelling unit on the property.

The Pinelands development credit entitlement for a parcel of land shall be reduced by one-quarter 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 19-1.5m.2 below or when a variance for cultural housing is approved by the Township pursuant to Subsection 19-2.2b, 10 of this chapter.

The PDC entitlement for a parcel of land shall also be reduced by 0.25 PDCs 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.

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 paragraph 2. above.

Notwithstanding the provisions above, the owner of record of one-tenth or greater acres of land in the Agricultural Production and Agricultural Production/Light Industrial Zones as of February 7, 1979 shall be entitled to one-quarter Pinelands development credits, provided that the parcel of land is vacant and 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 paragraph 5 above shall also apply to owners of record of less than one-tenth acres of land in the Agricultural Production and Agricultural Production/Light Industrial Zones, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to paragraph 2 above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least one-tenth of an acre.

Limitations on use of pinelands development credits:

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 paragraph p. 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.

Notwithstanding the provision of paragraph 1. 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 same and that the total allocation for Pinelands development credits for that property is reduced by one-quarter 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.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the township approval agency may grant general development plan, preliminary subdivision or preliminary 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 and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Subsection e above and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

Pinelands development credit bonus multipliers. Pinelands development credits which are used for securing a density bonus for parcels of land located in the Rural Community District shall yield a bonus of four units per credit.

Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in the Rural Community Zone provided that the density does not exceed 1.0 acres per unit.

Recordation of deed restriction:

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.

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 in the Agricultural Production and Agricultural Production/Industrial Zones: 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; fish and wildlife management; wetlands management; 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; agricultural products processing facilities; and accessory uses.

[Amended 11-20-2018 by Ord. No. 2018-13]

When a variance or other approval for a nonresidential use not otherwise permitted in Rural Community Zone is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

Use of pinelands development credits.

Pinelands development credits shall be used in the following manner:

To permit development of parcels of land in the RC Zone according to the density and lot area requirements set forth in Subsection 19-2.7 of this chapter;

When a variance of density or minimum lot area requirements for the Rural Community Zone is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;

When a variance for a nonresidential use not otherwise permitted in the RC Zone is granted by the Township, Pinelands development credits shall be used at the maximum rate permitted to the zone in which the use will be located;

When a variance for cultural housing is granted by the Township in accordance with Subsection 19-2.2b(10) of this chapter; and

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

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.

19-2 ZONING DISTRICTS AND REGULATIONS.

19-2.1 Zoning districts established.

In order to implement the goals and objectives of the Pinelands Comprehensive Management Plan and to regulate and limit the type and location of uses, the density and intensity with which lands are to be utilized, the Pinelands area is hereby divided into the following districts:

Forest A Zone (FA)

Forest B Zone (FB)

Forest C Zone (FC)

Agricultural Production (AP)

Rural Development (RD)

Rural Community (RC)

Municipal Complex (MC)

19-2.2 Forest A Zone.

Purpose. In order to protect the present and future residents of the Township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the township, the Forest A Zone has been deemed most suitable for development of the three forest zones. Standards are designed to accommodate development that maintains the character of the Pinelands forest area. Minimum lot areas have been based on compliance with the requirements of the Comprehensive Management Plan and recognition of the fact that there now is neither in existence nor planned a centralized sewage collection system for this area.

Permitted uses.

Single-family dwelling units on lots of 3.2 acres, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

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

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

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.

Single-family detached dwelling units in accordance with paragraph c.1 below, provided that clustering of the permitted dwelling units shall be required in accordance with Subsection 19-4.16 whenever two or more units are proposed as part of a residential development.

Residential dwelling units which are not clustered in accordance with the standards of Subsection 19-4.16 may be permitted as a conditional use, provided that:

The planning board finds that.

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than non-clustered development.

The minimum development standards set forth in Subsection 19-2.2.c.1 below for standard residential development are met.

Public recreation.

Churches and accessory uses primarily designed to serve the needs of the forest area in which the use is located.

Agriculture.

Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest A Zone only in accordance with Subsection 19-4.7b.2.

Campgrounds.

Forestry.

Single-family dwelling units on lots of 1.0 acre provided that:

The applicant satisfies all of the requirements set forth above in Subsection 19-2.2b,1;

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;

The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in Subsection 19-2.2b,1 above;

The applicant purchases and redeems 0.25 Pinelands development credits; and

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to Subsection 19-1.5l,3 of this chapter.

Single-family dwelling units on 1.0 acre lots in accordance with Subsection 19-3.8 of this chapter.

Development standards.

Residential. The following shall apply to standard residential development. Residential cluster development shall comply with the development standards set forth in Subsection 19-4.16.

Lot area: five acre minimum or as required by b.1 of this subsection.

Lot frontage: 300 feet (at building line).

Front yard: 200 feet minimum.

Side yard: 75 feet minimum or 200 feet from the center line of a public paved road, navigable stream or lake.

Rear yard: 100 feet minimum or 200 feet from the center line of a public paved road, navigable stream or lake.

Lot clearing, including ground cover and soil disturbance: standard - 15% maximum; per § 19-4.2.

[Amended 12-15-2020 by Ord. No. 2020-08]

Impervious coverage: standard - 10% maximum.

[Amended 12-15-2020 by Ord. No. 2020-08]

All state standards, including N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage Disposal Systems, as amended, shall apply.

Minimum distance from any component of the disposal system to a property line and where applicable, center line of public right-of-way shall be 50 feet.

Public and quasi-public facilities and utilities. Lot area: 25 acres minimum or as required by the requirements of other government regulation and shall be a use necessary to serve the needs of the Pinelands.

Public recreation. Minimum size of any park or recreational area shall be 50 acres, provided that the recreational use is low intensity and:

The recreational use does not involve the use of motorized vehicles except for necessary transportation;

Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;

Clearing of vegetation, including groundcover and soil disturbance, does not exceed 5% of the parcel; and

No more than 1% of the parcel will be covered with impervious surfaces.

Campgrounds. Density: one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.

Churches. Lot requirements shall be equivalent to those in c.1 above.

Agriculture. Refer to Subsection 19-4.5 of this chapter for Agriculture Management Standards.

Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FA Zone shall be less than that needed to meet the water quality standards of Subsection 19-4.7b.4, whether or not the lot may be served by a centralized sewer treatment or collection system.

19-2.3 Forest B Zone.

Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of the land and deal wisely with its constraints, comply with the requirements of the Pinelands Comprehensive Management Plan, and insure the orderly development of the township, a low level of development has been determined to be desirable in the Forest B Zone. This zone represents a transition between Forest Zone A, which is the most suitable for development of the forest zones, and Forest Zone C which is the least. Minimum lot areas have been based on the fact that there now is neither in existence nor planned a centralized sewage collection system for this area.

Permitted uses.

Single-family detached dwellings in accordance with Subsection 19-2.2.b.1, 19-2.2.b.10 and 19-3.8. Single-family detached dwellings shall also be permitted in accordance with paragraph c.1 below, provided that clustering of the permitted dwelling units shall be required in accordance with Subsection 19-4.16 whenever two or more units are proposed as part of a residential development.

Public recreation.

Churches and accessory uses primarily designed to serve the needs of the Forest Area in which the use is located.

Campgrounds.

Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest B Zone only in accordance with Subsection 19-4.7b.2.

Forestry.

Residential dwelling units which are not clustered in accordance with the standards of Subsection 19-4.16 may be permitted as a conditional use, provided that:

The Planning Board finds that:

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than non-clustered development.

The minimum development standards set forth in Subsection 19-2.3.c.1 below for standard residential development are met.

Agriculture.

Development standards.

Residential. The following shall apply to standard residential development. Residential cluster development shall comply with the development standards set forth in Subsection 19-4.16.

Lot area: standard - 15 acres minimum.

Lot frontage: standard - 400 feet minimum.

Front yard: standard - 200 feet minimum.

Side yard: standard - 100 feet minimum or 200 feet from the center line of a public paved road, navigable stream or lake.

Rear yard: standard - 100 feet minimum or 200 feet from the center line of a public paved road, navigable stream or lake.

Lot clearing, including ground cover and soil disturbance: standard - 15% maximum, per § 19-4.2.

[Amended 12-15-2020 by Ord. No. 2020-08]

Impervious coverage: standard - 10% maximum.

[Amended 12-15-2020 by Ord. No. 2020-08]

All state standards, including N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage Disposal Systems, as amended shall apply.

Minimum distance from any component of the disposal system to a property line and where applicable, center line of public right-of-way shall be 50 feet.

Public and quasi-public facilities. Refer to Subsection 19-2.2c.2.

Public recreation. Refer to Subsection 19-2.2c.3 for development standards.

Campgrounds. Refer to Subsection 19-2.2c.4 for development standards.

Forestry. Refer to Subsection 19-4.4 of this chapter for forestry development standards.

Churches. Lot requirements shall be equivalent to those in c.1 above.

Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FB zone shall be less than that needed to meet the water quality standards of Subsection 19-4.7b.4, whether or not the lot may be served by a centralized sewer treatment or collection system.

19-2.4 Forest C Zone.

Purpose. In order to protect the present and future residents of the Township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the Township, a very low level of development has been determined to be desirable in the Forest C Zone. Based on environmental factors, this zone is deemed least able of all zones to accommodate development. Minimum lot areas have been based on compliance with the requirements of the CMP and recognition of the fact that there now is neither in existence nor planned a centralized sewage collection system for this area.

Permitted uses.

Wetland agriculture.

Agriculture.

Forestry.

Public recreation according to the standards contained in Subsection 19-2.2c.3.

Residential dwelling units which are not clustered in accordance with the standards of Subsection 19-4.16 may be permitted as a conditional use, provided that:

The planning board finds that:

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than non-clustered development.

The minimum development standards set forth in Subsection 19-2.4.c.1 below for standard residential development are met.

Development standards.

Residential. The following shall apply to standard residential development. Residential cluster development shall comply with the development standards set forth in Subsection 19-4.16.

Lot area: 40 acres minimum.

Lot frontage: 400 feet minimum.

Front yard: 200 feet minimum.

Side yard: 100 feet minimum or 200 feet from the center line of a public paved road, navigable stream or lake.

Rear yard: 100 feet minimum or 200 feet from the center line of a public paved road, navigable stream or lake.

Lot clearing, including ground cover and soil disturbance: standard - 15% maximum, per § 19-4.2.

[Amended 12-15-2020 by Ord. No. 2020-08]

Impervious coverage: standard - 10% maximum.

[Amended 12-15-2020 by Ord. No. 2020-08]

All state standards, specifically N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage Disposal Systems, July 1, 1978, shall apply.

Minimum distance from any component of the disposal system to a property line and when applicable, center line of public right-of-way shall be 50 feet.

Wetland agriculture. Horticulture of native Pinelands species and berry agriculture shall be permitted in this zone subject to the requirements of § 6-501, 502, 503, 504 of the Comprehensive Management Plan. Beekeeping shall also be permitted.

Agriculture. Refer to Subsection 19-4.5 of this chapter for agriculture management standards.

Forestry. Refer to Subsection 19-4.4 of this chapter for forestry development standards.

Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FC Zone shall be less than that needed to meet the water quality standards of Subsection 19-4.7b.4, whether or not the lot may be served by a centralized sewer treatment or collection system.

19-2.5 Agricultural Production.

Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the township, agricultural development has been deemed to be more desirable than other uses for this zone. Minimum lot areas have been based on compliance with the requirements of the CMP and recognition of the fact that there now is neither in existence nor planned a centralized sewage collection system for this area.

Permitted uses.

Single-family detached housing. Refer to Subsection 19-2.2b.1 and Subsection 19-2.2b.10 for requirements.

Residential dwelling units not to exceed a gross density one unit per 10 acres, provided that:

The dwelling is accessory to an active agricultural operation;

The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation;

The dwelling is to be located on a lot which is under or qualified for agricultural assessment;

The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area; and

A residential lot has not been subdivided from the property within the previous five years, unless the lot has been subdivided pursuant to Subsection 19-2.2b.1.

No more than one lot may be created for a dwelling pursuant to this Subsection at any one time.

Agriculture.

Agricultural commercial establishments, provided that:

The principal goods or products available for sale were produced in the Pinelands.

The sales area of the establishments excluding supermarkets, restaurants and convenience stores does not exceed 5,000 square feet.

Agriculture employee housing as an element of, and accessory to, an active agriculture operation.

Agricultural products processing facilities.

Public recreation facilities.

Public service infrastructure. Centralized waste water treatment and collection facilities shall be permitted to service this zone only in accordance with Subsection 19-4.7b.2 below.

Pinelands development credits.

Forestry.

Fish and wildlife management and wetlands management.

12.

Residential dwelling units at a gross density of one unit per 40 acres, provided that:

The units shall be clustered on one acre lots;

The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and

The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.

Development standards.

Residential.

Lot frontage: 250 feet minimum.

Front yard: 100 feet minimum.

Side yard: 100 feet minimum.

Rear yard: 100 feet minimum.

Lot clearing, including ground cover and soil disturbance: standard - 15% maximum, per § 19-4.2.

[Amended 12-15-2020 by Ord. No. 2020-08]

Impervious coverage: standard - 10% maximum.

[Amended 12-15-2020 by Ord. No. 2020-08]

All state standards, specifically N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage Disposal Systems, July 1, 1978, shall apply.

Minimum distance from any component of the disposal system to a property line and where applicable, center line of public right-of-way shall be 50 feet.

Agriculture. Refer to Subsection 19-4.5 of this chapter for Agriculture Management Standards.

Public and quasi-public facilities and utilities. Lot area: 25 acres minimum or as required by the requirements of other government regulations and shall be a use necessary to serve the needs of the Pinelands.

Public recreation facilities. Refer to Subsection 19-2.2c.3 for development standards.

Pinelands development credits. Refer to Subsection 19-1.5, paragraphs 1. through p. of this chapter.

Forestry. Refer to Subsection 19-4.4 of this chapter for Forestry development standards.

Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the AP Zone shall be less than that needed to meet the water quality standards of Subsection 19-4.7b.4, whether or not the lot may be served by a centralized sewer treatment or collection system.

19-2.6 Rural Development Zone.

Purpose. In order to protect the present and future residents of the Township, respect the natural features and conditions of the land and deal wisely with their constraints and insure the orderly and economic development of the Township, it has been determined that a moderate level of development is desirable in the Rural Development Zone. Minimum lot areas have been based on compliance with the requirements of the CMP and recognition of the fact that there now is neither in existence nor planned a centralized sewage collection system for this area.

Permitted uses.

Single-family detached dwellings in accordance with Subsection 19- 2.2.b.1, 19-2.2.b.10 and 19-3.8. Single-family detached dwellings shall also be permitted in accordance with paragraph c.1 below, provided that clustering of the permitted dwelling units shall be required in accordance with Subsection 19-4.16 whenever two or more units are proposed as part of a residential development.

Agriculture.

Agriculture-commercial establishments provided that:

The principal goods or products available for sale were produced in the Pinelands.

The sales area of the establishment does not exceed 5,000 square feet.

Churches.

Schools.

Professional offices.

Public service infrastructure. Centralized waste water treatment and collection facilities shall be permitted in the Rural Development Zone only in accordance with Subsection 19-4.7b.2.

Residential dwelling units which are not clustered in accordance with the standards of Subsection 19-4.16 may be permitted as a conditional use, provided that:

The Planning Board finds that:

Clustering of the proposed dwellings would be inconsistent with the minimum environmental standards set forth at N.J.A.C. 7:50-6; or

Clustering of the proposed dwellings would disrupt the contiguity of the forest ecosystem to a greater degree than non-clustered development.

The minimum development standards set forth in Subsection 19- 2.4.c.1 below for standard residential development are met.

Planned retirement community in accordance with the Waiver of Strict Compliance issued by the Pinelands Commission on February 24, 1982.

Development standards.

Residential. The following shall apply to standard residential development. Residential cluster development shall comply with the development standards set forth in Subsection 19-4.16.

Lot area: 3.2 acres minimum provided that the conditions of Subsection 19-2.2b.1 of this section are met; otherwise; standard - five acres minimum.

Lot frontage: standard - 250 feet minimum.

Front yard: standard - 100 feet minimum.

Side yard: standard - 75 feet minimum.

Rear yard: standard - 100 feet minimum.

Lot clearing, including ground cover and soil disturbance: standard - 15% maximum, per § 19-4.2.

[Amended 12-15-2020 by Ord. No. 2020-08]

Impervious coverage: standard - 10% maximum.

[Amended 12-15-2020 by Ord. No. 2020-08]

All state standards, specifically N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage Disposal Systems, July, 1, 1978, shall apply.

Minimum distance from any component of the disposal system to a property line and where applicable, center line of public right-of-way shall be 50 feet.

Agriculture. Refer to Subsection 19-4.5 of this chapter for agriculture management standards.

Schools, churches, professional offices. Lot requirements shall be equivalent to those in c.1 above.

Planned retirement community.

Purpose. Recognizing that housing projects located and designated to meet the special needs and habits of older people and known as senior citizens projects constitute a special type of use with respect to criteria as to living floor area, arrangement, lot size and other standards appropriate to and acceptable for senior citizen occupancy but not appropriate to or conductive to the purpose of zoning if permitted for general family use, regardless of age, such housing meeting the criteria hereinafter set forth may be permitted as a use in a Planned Retirement Community District but only when limited to occupancy by senior citizens who are hereby defined as persons 55 years of age or over.

Permitted uses. A building may be erected or used and a lot may be used or occupied for any of the following purposes and no other:

Any use permitted in a residence district, subject to the area, height and other regulations governing such use in a residence district.

A planned retirement community sometimes hereinafter referred to as senior citizen projects but subject only to the procedures, terms and restrictions hereinafter set forth.

All other uses, including without limitations, single-family dwelling not part of the final site development plan hereinafter set forth and approved as hereinafter set forth are prohibited.

Total existing units: 2,053.

Total proposed units granted Pinelands Commission Waiver of Strict Compliance: 2,559.

Gross density: 3.5 dwelling units/acre.

Net density: 7.2 dwelling units/acre.

Occupancy requirements. Senior citizen projects shall be limited to occupancy by persons 55 years of age or over with the following exceptions:

A husband or wife under the age of 55 years who is residing with his or her spouse, who is of the age of 55 years of over.

Children residing with their parent or parents if the child is over the age of 19, and if one of the parents with whom the child or children is residing is 55 years of age or over.

Full time occupancy will be limited to not more than three eligible occupants.

Occupancy other than in accord with the terms of this paragraph 5. shall constitute a violation of the paragraph and the use, in the event of such violation, shall not be permitted use so long as the violation continues.

Nature. The senior citizen project shall consist of an integrated group consisting solely or in combination of single-family dwellings, detached or multiple dwellings with concomitant recreational, cultural and medical facilities for the sole use of permanent residents of the community and their guests, including but not limited to lakes, club houses, picnic grounds and noncommercial amusement facilities, together with necessary accessory building and uses, including facilities for the maintenance and administration of the project, streets and off-street parking facilities, model homes, sales offices for the sale of the dwelling accommodations, sewer, water and other utility installations.

Schedule of minimum requirements. No building, structure or land shall be used or erected, altered, enlarged or maintained for a planned retirement community within the area unless it is in accordance with a final site development plan reviewed and approved by the planning board as prescribed herein. Such a final site development plan shall meet at least the following minimum requirements.

Residential density. There shall be not more than six dwelling units for each acre of residential land planned and approved under this chapter. Each dwelling unit shall be for the accommodation of only one family.

Residential building coverage. Not more than 20% of the gross area shall be covered by residential buildings.

Green area. The green area is herewith defined to include area not covered by residential buildings, institutional structures, and the paved areas of streets and paved parking areas.

Heights of buildings. The maximum height of any building shall be 35 feet, except there shall be no limit on the height of water tanks, spires, church towers or steeples.

Exterior boundary buffer. No building or structure, including but not limited to a patio, deck or other fixed object, shall be located within 50 feet of any exterior boundary line of the tract.

(6)

Off-street parking. At least the following number of off-street parking spaces shall be provide: 1 1/2 spaces for each dwelling unit.

(7)

Roads. Roads will be dedicated to public use and shall have an overall minimum width of 45 cubic feet with at least 30 feet curb to curb, constructed according to the ordinances pertaining to roads or subdivisions. Cul-de-sacs shall each have a minimum radius of 55 feet.

(8)

Minimum floor space per unit. One bedroom unit, 650 square feet. Two bedroom unit, 800 square feet.

(9)

Minimum lot size. Each single dwelling unit building shall have allocated to it a minimum lot of 5,000 square feet; 1,800 square feet minimum allocated to each unit in multiunit buildings.

(10)

Front yards, side yards and rear yards. All buildings shall have a front yard setback of at least 20 feet, side yard setback of at least six feet with a sixteen-foot aggregate, and a rear yard setback of 22 feet, all distances being minimums; providing, however, that nothing in this subparagraph (10) relative to setback of buildings shall prohibit construction of an open ground level patio, with the setback at least 18 feet from the rear lot line. No construction of walls, screens, roof, or other enclosure related to the open, ground level patio shall be permitted. Nothing in this subparagraph (10) shall permit an encroachment of any building or structure, including but not limited to a patio, deck or other fixed object, into the fifty-foot exterior boundary buffer required under subparagraph (5) above.

(11)

Water and sewerage facilities. No individual wells or individual sewerage disposal systems shall be permitted except in sales buildings and models and each building shall be serviced with said utilities by a central supply or disposal system which is approved by the State and township board of health or other controlling agencies. No building permit shall be issued unless and until plans for such facilities have been submitted to the proper authorities for approval, and adequate provisions are made to insure that such necessary facilities shall be installed.

(12)

No more than four dwelling units shall be constructed or permitted in any building or under any common roof.

(13)

All on-site and off-site drainage shall be provided for in accordance with township ordinances pertaining to subdivision of lands.

(14)

A minimum of three color variations in the siding material, garage door and panel construction shall be available to the purchasers.

(15)

A minimum of four color variations in the roofing material shall be available to the purchasers.

(16)

The front yard setbacks shall have a minimum of three variations in length, such variations to occur randomly throughout the community.

(17)

The road pattern throughout the community shall be a combination of curves and straight lines and which may include cul-de-sacs.

(18)

All natural growth and topographical features shall be preserved throughout the community wherever possible.

Application for classification. All applications for approval of a planned retirement community shall be accompanied by a master site development plan for the entire property sought to be approved, which shall be submitted to the planning board for its recommendations and approval, as consistent with the purpose and intent of this zone. No such application shall be approved until the planning board has approved master site development plan.

Final site development plan approval. No building permit or certificate of occupancy shall be issued for the construction or use of any building in a planned retirement community except in accordance with the approved final site development plan for the tract on which such building or buildings are to be located.

Applications for master site development approval. Application for review and approval of a master site development plan shall be made to the planning board. Such an application shall show the general plans for the development of the area, including specifically:

Minimum area. The minimum area for a planned retirement community shall be 500 acres, provided that an area of less than 500 acres may be added to an existing planned retirement community if contiguous thereto and in compliance with the provisions of this chapter.

Topography of the tract, showing the location of woodland, large trees, streams and water area and other significant features of the land, which significant features the planning board shall endeavor to allocate to green areas.

The land use plan showing the general location of all interior streets and the general size and location of each land use permitted under this chapter.

Such other features as the planning board and Township Committee may consider being of importance in the evaluation of the master site development plan.

General location, sizes, dimensions and uses of all buildings to be erected thereon.

Consideration by planning board. The planning board shall consider the proposed master site development plan from the point of view of the standard and purposes of the regulations governing planned retirement communities so as to achieve a maximum of coordination between the proposed development and the surrounding uses, the conservation of woodland and the protection of watercourses from erosion and silting, and a maximum of safety, convenience and amenity for the residents of the community. To these ends, the planning board shall consider the relationship of land uses, interior streets and other features with respect to the topography of the area and existing features such as streams, and large trees; the adequacy and location of the green area provided; and such other matters as the planning board may find to have a material bearing upon the stated standards and objectives of the planned retirement community regulations.

Report by the planning board. If the planning board finds that a proposed master site development plan meets the purposes of these regulations, it shall approve the plan. The board shall notify the applicant and the Township Committee in writing of its approval or disapproval promptly, but in no case later than 45 days after the filing of the application, unless the applicant consents to the extension of this time limit. In the case of disapproval, the reasons shall be stated.

Effect of final site development plan. Building permits shall be issued in accordance with the structures approved by the planning board. Any departure from the final plan shall be cause for revocation of all building permits for all buildings then under construction and denial of a use and occupancy permit. Any proposed changes in the final plan shall be resubmitted for approval.

Validity. A master site development plan approved by the planning board in accordance with these regulations shall remain valid for a period of three years following the classification of the property as a planned retirement community. Following master site development plan approval, applications may be made for final site plan approval for all or a portion or portions of the lands covered by the master site development plan. If the planning board finds that said applications are in conformity with this chapter, it shall approve the applications. If at the end of the three-year period no application for final site plan approval and building permit for one or more buildings and performance guarantee for construction of the development shown on the master plan shall be considered as having lapsed and shall be of no effect unless resubmitted as a new application to the planning board.

(o)

Development. All improvements including streets, curbs, sidewalks, and utilities as approved on the final site development plan or required by the township subdivision ordinance shall be completed sufficiently to serve any dwelling unit before a certificate of occupancy and conformity is granted for that dwelling unit and remaining required improvements within the same section either shall be completed or adequate performance guarantees in the form of corporate surety bonds, approved by the township, shall be filed with the township, guaranteeing complete construction of such streets, curbs, sidewalks and utilities within the same section within three years from the date of approval of that section. No certificate of occupancy and conformity shall be granted for any dwelling unit until all recreation uses and facilities designed to serve the dwelling units in that section are substantially completed.

(p)

Titles. Before the final site development plan is approved by the planning board, the applicant shall submit proof of ownership of the entire area included on the final plan, the proof to be by certificate of an attorney-at-law of the State of New Jersey, with specific reference to the fact that there is no mortgage covering all of any part of said premises. In the event there is such a mortgage, it shall be set forth and the consent of the mortgagee, duly acknowledged, to be included, agreeing to the development plan shall be affixed to the certificate of title.

(q)

Filing. The master site development plan shall be deemed to be a preliminary subdivision plan and the final site development plan shall be deemed to be a final major subdivision plan and such plans and procedures under this chapter shall be deemed to be major subdivisions and shall comply with all other township ordinances and statutes of the State of New Jersey regulating subdivisions and specifically the "Land Development Ordinance" constituting Chapter 12 of the "General Ordinance of the Township of Southampton" and all provisions of said ordinances shall be applicable, including the fees therein set forth.

Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the RD zone shall be less than that needed to meet the water quality standards of 19-4.7b,4., whether or not the lot may be served by a centralized sewer treatment or collection system.

19-2.7 Rural Community Zone.

Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the township, it has been determined that this zone is most suitable for residential development. Minimum lot areas have been based on compliance with the requirements of the CMP and recognition of the fact that there now is neither in existence nor planned a centralized sewage collection system for this area.

Permitted uses.

Single-family detached dwellings.

Agriculture and accessory use.

Public recreation.

Professional offices.

Churches and accessory uses.

Home occupations.

Educational facilities.

Development standards.

Residential.

Lot area: one acre minimum if Pinelands development credits are used; otherwise 1.6 acres.

Lot frontage:

One acre lot - 175 feet minimum.

3.2 acre lot - 250 feet minimum.

Front yard:

One acre lot - 100 feet minimum.

3.2 acre lot - 100 feet minimum.

Side yard:

One acre lot - 50 feet minimum.

3.2 acre lot - 75 feet minimum.

Rear yard:

One acre lot - 75 feet minimum.

3.2 acre lot - 100 feet minimum.

Lot clearing, including ground cover and soil disturbance: standard - 15% maximum, per § 19-4.2.

[Amended 12-15-2020 by Ord. No. 2020-08]

Impervious coverage: standard - 10% maximum.

[Amended 12-15-2020 by Ord. No. 2020-08]

All state standards, including N.J.D.E.P. Standards for the Construction of Individual Subsurface Sewage Disposal Systems, as amended, shall apply.

Minimum distance from any component of the disposal system to a property line and where applicable, center line of public right-of-way shall be 50 feet.

Agriculture. Refer to Subsection 19-4.5 of this chapter for agriculture management standards.

Public recreation facilities. Refer to Subsection 19-2.2c.3 for development standards.

Professional offices, churches, home occupations, educational facilities. Lot requirements shall be equivalent to those in c.1 above.

Any municipal variance approval which grants relief from the density or lot area requirements set forth above in Subsection 19-2.7c for the RC Zone shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.

Any local variance for an approval of a nonresidential development in the Rural Community zone where the use would not otherwise be permitted shall require that Pinelands development credits be used at the maximum rate permitted in the district in which the development is to be located.

19-2.7.5 Municipal Complex Zone.

Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the township, it has been determined that this zone is both necessary and suitable to provide municipal government facilities and educational facilities for the residents of the township.

Permitted uses.

Municipal buildings and public institutional uses.

Schools and educational facilities.

Public recreation facilities.

Development standards. The development standards shall be all applicable requirements of the Pinelands Comprehensive Management Plan.

19-2.8 Agricultural Production/Industrial.

Purpose. In order to protect the present and future residents of the Township, respect the natural features and conditions of the land and deal wisely with their constraints, and ensure the orderly and economic development of the Township, this district has been established to allow an existing industrial zone that lies within the new Agricultural Production District to remain within the Pinelands areas. Standards have been designed to accommodate development that will maintain the character of the Agricultural Production District. Minimum lot areas have been based on compliance with the requirements of the Comprehensive Management Plan.

Permitted uses.

All uses permitted in Subsection 19-2.5b of this chapter.

Pinelands resource-related industries, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:

The parcel proposed for development has an area of at least five acres;

The principal raw material for the proposed use is found or produced in the Pinelands.

The use does not require or will not generate subsidiary or satellite development in an agricultural production area.

Notwithstanding the minimum lot areas set forth in paragraph b. above or in Subsection 19-2.5c, no such minimum lot area for a nonresidential use within the AP/I Zone shall be less than that needed to meet the water quality standards of Subsection 19-4.7b.4, whether or not the lot may be served by a centralized sewer treatment or collection system.

Uses that have the potential for introducing automotive pollutants, such as, but not limited to, service stations and repair garages, and new and used auto, mobile home and recreation vehicle sales, shall be required to have impermeable parking surfaces with collection devices that are properly serviced to prevent vehicle fluids from entering the aquifer or surface water.

Non-farm businesses that use groundwater for other than sanitation purposes in the course of their business operations shall return the water to the aquifer with no changes to its original chemical composition.

19-2.9 Highway Commercial.

Purpose. In order to protect the present and future residents of the township, respect the natural features and conditions of the land and deal wisely with their constraints, and insure the orderly and economic development of the township, this district has been established to allow an existing highway commercial zone that lies within the new Rural Development District to remain within the Pinelands areas. Development standards have been designed to accommodate development that will maintain the character of the Rural Development District. Minimum lot areas have been based on compliance with the requirements of the Comprehensive Management Plan.

Permitted uses.

Retail commercial establishment.

Personal and professional establishments, officer and office buildings.

Banks and other financial uses.

Electrical, plumbing and other singular supply stores.

Auto repair and gasoline service stations.

Commercial car washes.

New and used auto, mobile home and recreation vehicle sales.

Restaurants.

[Added 11-17-2020 by Ord. No. 2020-09]

Development standards. Refer to Subsection 19-2.6c of this chapter.

Notwithstanding the minimum lot areas set forth in Subsection 19-2.6c no such minimum lot area for a nonresidential use within the HC zone shall be less than that needed to meet the water quality standards of Subsection 19-4.7b4, whether or not the lot may be served by a centralized sewer treatment or collection system.

Conditional uses.

Sexually oriented business are defined in N.J.S. 2C:34-6:

Purpose. These regulations are adopted in furtherance of all of the public purposes of municipal zoning and planning, including, but not limited to, guiding the appropriate use and development of the Township of Southampton in a manner which will promote the public health, safety, morals and general welfare, and in order to meet the needs of citizens of the Township of Southampton and of the State of New Jersey, while maintaining the quality and character of Southampton Township and deterring the growth and spread of blight and crime. It is recognized that there are some uses commonly known as sexually oriented business uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when those uses are located near residential areas or in other inappropriate locations, or without sufficient showing that those uses in a specified location will comply with the conditions and operation of those uses. Therefore, special regulations of these sexually oriented business uses is deemed necessary to ensure that adverse effects will not contribute to the blighting or downgrading of the Township of Southampton. In no way is the fact that the Township of Southampton regulates any or all of the sexually oriented business uses described herein, or prohibits or allows them in the various zoning districts, to be construed as approval of, or condoning of, those uses.

Lot size: 87,120 square feet minimum.

Lot width: 200 feet.

Front yard setback: 100 feet.

Front buffer: 50 feet.

Side buffer: 50 feet.

Rear buffer: 50 feet.

The building or structure of such use shall be located no closer than 1,000 feet from any residential district, public or private school, church, recreation facility, any other religious, institutional, or educational use, nursery, child care center, public community center, park, playground, or similar use, or any premises licensed for the sale or distribution of alcoholic beverages.

No such use shall be located within 1,000 feet of a similar use.

Maximum distance between any access driveway and any adjoining property line shall be 30 feet.

Maximum width of curb cuts for access driveways shall be 20 feet, except a combined entrance and exit shall total 40 feet.

Parking requirements shall be in accordance with all of the regulations set forth in Subsection 12-5.10, but in any event, there shall be parking spaces for not less than 10 cars. In addition to the parking standards in Subsection 12-5.10, one parking space is required for each viewing theater where this viewing area is to not exceed 10% of the total building area.

No materials sold or displayed within shall be visible from any window or door, or within public view.

All trash, refuse, articles or any matter to be disposed of shall be shredded, cut, or rendered in such a fashion so that the remains shall not be readable, legible, or discernible.

(o)

All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with shrubs, groundcover, seeding or similar plantings and maintained in good condition.

(p)

The minimum buffer area shall include a densely planted buffer of evergreen trees in accordance with Subsection 12-5.2 and at least six feet high at time of planting along any common property line with a residential district.

(q)

In addition, paved parking areas shall provide landscaped planting strips, particularly at the ends of parking rows. Said ends of parking areas shall be surrounded by concrete curb or Belgian block curb and shall be of a size sufficient to contain a two and 1/2 inch caliper shade tree, which shall be required in each planting strip.

(r)

All uses must be licensed as required in the General Ordinances of the Township of Southampton.

(s)

Hours of operation shall not be earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, on weekdays and Saturday and shall be closed on Sundays.

Fast-food restaurant.

[Added 11-17-2020 by Ord. No. 2020-09]

Uses that have the potential for introducing automotive pollutants such as, but not limited to service stations and repair garages, new and used auto, mobile home and recreation vehicle sales shall be required to have impermeable parking surfaces with collection devices that are properly serviced to prevent vehicle fluids from entering the aquifer or surface water.

Non-farm businesses that use ground water for other than sanitation purposes in the course of their business operations shall return the water to the aquifer with no changes to its original chemical composition.

19-2.10 Adoption of Zoning Map.

[Amended by Ord. No. 1982-10; Ord. No. 1983-4; Ord. No. 1989-2; Ord. No. 2002-2; 12-15-2020 by Ord. No. 2020-08; 6-21-2022 by Ord. No. 2022-06]

The Zoning Map prepared by Richard A. Alaimo Association of Engineers of Mount Holly, New Jersey, revised April 2022, and signed by a representative of the said firm, is hereby formally adopted, and made a part hereof by reference, as the official Zoning Map for Southampton Township, a copy of which shall be kept on file with the Township Clerk of the Township.

The boundaries of the Municipal Complex (MC) Zone, as established in Subsection 19-2.7.5, shall reflect those established in Ordinance No. 1989-2 and certified by the Pinelands Commission so that its extent is that shown as the Pinelands Village of Vincentown. The remainder of Block 15.02, Lot 1.01, shall be delineated as part of the Agricultural Production (AP) Zone, as established in Subsection 19-2.5.

19-3 OPERATION OF CHAPTER.

19-3.1 Compliance.

On and after the effective date of this chapter no development in the Pinelands areas of Southampton Township unless authorized otherwise by law or by order of the Pinelands Commission, shall be carried out by any person unless it is in conformance with each of the sections set forth in this chapter.

19-3.2 Uses.

[Amended 7-20-2021 by Ord. No. 2021-12]

Unless a use is specifically allowed within a zoning district, such use is prohibited.

Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay, and ilmenite is prohibited.

All classes of cannabis establishments or cannabis distributors, as said terms are defined in Section 3 of P. L. 2021, c. 16, shall be prohibited uses in all zones in the municipality.

19-3.3 Nonconforming uses.

Refer to Chapter 12, Subsections 12-3.4 and 12-4.15. In addition, for nonconforming uses existing within the Pinelands jurisdiction at the effective date of this chapter, the following shall apply:

A nonconforming use shall not be enlarged, expanded or extended, but the extension of a conforming use to any portion of a nonconforming building which existed prior to the effective date of this chapter shall not be deemed the extension of a nonconforming use.

No nonconforming building substantially destroyed by fire or other causes shall be repaired or rebuilt except in conformity with the regulations of this chapter.

19-3.4 Conditional uses.

Refer to Chapter 12, Subsection 12-2.3, for the general definition of a conditional use. No use specified in this chapter shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.

19-3.5 Expansion of existing uses.

Notwithstanding the use restrictions contained in § 19-2 and Subsection 19-3.7 below, 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 § 19-4 and Subsection 19-3.2 above, may be expanded or altered provided that:

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

The expansion or alteration of the use is in accordance with all of the minimum standards of § 19-4; and

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.

19-3.6 Waiver of strict compliance with the Pinelands Comprehensive Management Plan.

Refer to § 4-6.1 et seq. of the Comprehensive Management Plan for the procedures and standards by which an applicant for development in the Pinelands areas of the township may apply for a waiver of strict compliance from the Pinelands Commission.

19-3.7 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 Rural Development, Agricultural Production, Agricultural Production/Industrial, Forest A, Forest B or Forest C Districts shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

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;

The parcel was not in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements; and

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

19-3.8 Density transfer program.

Forest area. Residential dwelling units on 1.0 acre lots existing as of January 14, 1981 shall be permitted in the FA, FB and FC Zones, provided that:

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 the following:

Five acres if development is proposed in the FA Zone and all acquired noncontiguous lands are also located in the FA Zone;

Nine acres if development is proposed in the FA Zone and all acquired noncontiguous lands are located in the FB Zone;

Thirty-three acres if development is proposed in the FA Zone and all acquired noncontiguous lands are located in the FC Zone;

Ten acres if development is proposed in the FB Zone and all acquired noncontiguous lands are also located in the FB Zone;

Thirty-seven acres if development is proposed in the FB Zone and all acquired noncontiguous lands are located in the FC Zone; or

Forty acres if development is proposed in the FC Zone.

If development is proposed in the FA Zone, all lands acquired pursuant to paragraph a.1 above, which may or may not be developable, are located within the FA, FB or FC Zones;

If development is proposed in the FB Zone, all lands acquired pursuant to paragraph a.1 above, which may or may not be developable, are located within the FB or FC Zones;

If development is proposed in the FC Zone, all lands acquired pursuant to paragraph a.1 above, which may or may not be developable, are located within the FC Zone;

All noncontiguous lands acquired pursuant to paragraph a.1 through 4 above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

The 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;

Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:

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%;

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;

For those agricultural uses established after April 6, 2009 which do not meet the standards of paragraph (a)(2)(ii) above, the deed of restriction shall permit the land to be managed only in accordance with paragraph (a)(1) above and shall not provide for continuation of any agricultural use on the parcel; and

The deed of restriction to be recorded pursuant to paragraphs (a)(2)(i) or (ii) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, 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 Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided.

The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit 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 Township Solicitor and the Pinelands Commission.

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

The lot proposed for development otherwise meets the minimum standards of § 19-4 of this chapter.

Rural development area. Residential dwelling units on 1.0 acre lots existing as of January 14, 1981 shall be permitted in the RD Zone, provided that:

All lands acquired pursuant to paragraph a.1 above, which may or may not be developable, are located within the RD Zone; and

All the requirements set forth above in paragraphs a.5, a.6 and a.7 are met.

19-4 PINELANDS DEVELOPMENT STANDARDS.

For a general guideline for development standards in Southampton Township refer to Chapter 12, Land Development, § 12-4, General Provisions, § 12-5, Design and Performance Standards, and § 12-6, Design and Performance Standards for the TC and TCI Districts. In addition, the following special restrictions shall apply in the Pinelands areas of the Township. Streets in subdivisions and other land developments shall be so oriented as to permit, within the limits of practicability and feasibility, the southern orientation of buildings so as to maximize solar gain. Other measures which may be utilized include, but are not limited to, landscaping to permit solar access to buildings and/or to provide windbreaks or shade, and the use of energy conserving building materials.

19-4.1 Wetlands.

Uses. No development in the Pinelands area shall be permitted in a wetlands or wetlands transitional area except for the following uses:

Horticulture of native Pinelands species in accordance with the requirements of Subsection 19-4.5;

Berry agriculture in accordance with the requirements of Subsection 19-4.5;

Beekeeping;

Forestry in accordance with the requirements of Subsection 19-4.4 (or N.J.A.C. 7:50-6:44).

Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.

Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in paragraph b. below.

Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in paragraph b. hereof; and

Commercial or public docks, piers, moorings and boat launches shall be permitted provided that:

There is a demonstrated need for the facility that cannot be met by existing facilities;

The development conforms with all State and Federal regulations; and

The development will not result in a significant adverse impact, as set forth in paragraph b. hereof;

Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:

There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

Performance standards.

No development, except for those uses which are specifically authorized in paragraph a, 1 through 4, of this subsection shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.

A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals.

An increase in surface water runoff discharging into a wetland;

A change in the normal seasonal flow patterns in the wetland;

An alteration of the water table in the wetland;

An increase in erosion resulting in increased sedimentation in the wetland;

A change in the natural chemistry of the ground or surface water in the wetland;

A loss of wetland habitat;

A reduction in wetland habitat diversity;

A change in wetlands species composition; or

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.

Determination under paragraph 2. above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

19-4.2 Vegetation and landscaping.

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;

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

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

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in paragraph d. below.

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 paragraph c. above or required pursuant to § 12-10 shall incorporate the following elements:

The limits of clearing shall be identified;

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;

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

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:

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

19-4.3 Fish and wildlife.

Protection of threatened or endangered wildlife required. No development shall be carried out in the Pinelands area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

Protection of wildlife habitat. All development shall be carried out in the Pinelands area 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.

19-4.4 Forestry. [1]

Permit required. No forestry in the Pinelands area of the township shall be carried out by any person unless a permit for such activity has been issued by the township zoning officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

Prescribed burning and the clearing and maintaining of fire breaks.

Forestry application requirements. The information in paragraphs b.1 or 2 below shall be submitted to the Township zoning officer prior to the issuance of any forestry permit:

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 Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

For all other forestry applications:

The applicant's name and address and his interest in the subject parcel;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The description, including block and lot designation and street address, if any, of the subject parcel;

A description of all existing uses of the subject parcel;

A brief written statement generally describing the proposed forestry operation;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

A forestry management plan that includes, as appropriate:

A cover page for the plan containing:

The name, mailing address and telephone number of the owner of the subject parcel;

The municipality and county in which the subject parcel is located;

The block and lot designation and street address, if any, of the subject parcel;

The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short-(five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

The number of acres;

The general condition and quality of each stand;

The overall site quality, relative to the management goals and objectives identified in paragraph b.2(g)(2) above;

An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;

The age of representative trees;

(vi)

The species composition, including overstory, understory, ground layer structure and composition;

(vii)

The stand cohort composition;

(viii)

The percent cover;

(ix)

The basal area;

(x)

The structure, including age classes, diameter breast height (DBH) classes and crown classes;

(xi)

The condition and species composition of advanced regeneration when applicable;

(xii)

A stocking table showing the stocking levels, growth rates and volume;

(xiii)

Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;

(xiv)

A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:

[A]

Stand improvement practices;

[B]

Site preparation practices;

[C]

Harvesting practices;

[D]

Regeneration and reforestation practices;

[E]

Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

[F]

Herbicide treatments;

[G]

Silvicultural treatment alternatives;

[H]

If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

[I]

Implementation instructions; and

[J]

Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands; and

(xv)

A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

A map of the entire parcel which includes the following:

The owner's name, address and the date the map was prepared;

An arrow designating the north direction;

A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

The location of all property lines;

A delineation of the physical features such as roads, streams and structures;

(vi)

The identification of soil types (a separate map may be used for this purpose);

(vii)

A map inset showing the location of the parcel in relation to the local area;

(viii)

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

(ix)

A legend defining the symbols appearing on the map.

A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in Subsections 19-4.2.e and 19-4.3.a;

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 Subsection 19-4.11;

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 paragraph c.9(b) below;

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;

Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in paragraph c. below;

A Certificate of Filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

When prior approval for the forestry activities has been granted by the zoning officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Subsection 19-1.5.f.

Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

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;

The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:

Clearcutting cedar and managing slash;

Controlling competition by other plant species;

Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

Utilizing existing streams as cutting boundaries, where practical;

Harvesting during dry periods or when the ground is frozen; and

Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in Subsections 19-4.2.e and 19-4.3.a. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

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, except as expressly authorized in this section;

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 Subsection 19-4.11;

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, established, restored or regenerated. 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;

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:

Minimize changes to surface and groundwater hydrology;

Minimize changes to temperature and other existing surface water quality and conditions;

Prevent unnecessary soil erosion, siltation and sedimentation; and

Minimize unnecessary disturbances to aquatic and forest habitats.

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;

Herbicide treatments shall be permitted, provided that:

The proposed treatment is identified in the forestry application submitted to the Commission pursuant to paragraph b.2(j) above;

Control of competitive plant species is clearly necessary;

Control of competitive plant species by other, nonchemical means is not practical;

All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant State and Federal requirements; and

In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;

Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;

Disking shall be permitted, provided that:

It shall not be permitted in Pine Plains Native Forest Types;

Disking shall only be permitted in Pine-Shrub Oak Native Forest Types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.

It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

It shall follow land contours when slopes are discernible;

Root raking shall be permitted, provided that:

It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;

When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

Root raking debris shall not be piled in wetlands;

Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and

Drum chopping shall be permitted, provided that:

It shall not be permitted in Pine Plains Native Forest Types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

It shall adhere to the following procedures:

No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;

Drums shall remain unfilled when used during the dormant season;

Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

Avoid short-radius, 180° turns at the end of each straight pass.

The following standards shall apply to silvicultural practices for harvesting:

Clearcutting shall be permitted, provided that:

It shall not be permitted in Pine Plains Native Forest Types;

It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;

A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and

(6)

The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak in which case straight edges may be used;

Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and

The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;

Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:

It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;

A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;

The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;

(6)

Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and

(7)

Residual seed trees shall be distributed evenly throughout the parcel; and

Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.

The following standards shall apply to silvicultural practices for forest regeneration:

Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection c.11(b) below; and

Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:

The use of non-native cuttings, seedlings or seeds shall not be permitted;

The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

When used in Pine Plains Native Forest Types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

12.

Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

13.

Thinning shall be permitted in all Pinelands Native Forest Types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

14.

A copy of the forestry permit issued by the Township zoning officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

Forestry permit procedures.

Applications for forestry permits shall be submitted to the zoning officer and shall be accompanied by an application fee of $25.

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.

Within 45 days of determining an application to be complete pursuant to paragraph 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 paragraph c. above or disapprove any application which does not meet the requirements of paragraph c. above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to paragraph 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 paragraph c. above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to paragraph d.3 above.

Failure of the zoning officer to act within the time period prescribed in paragraphs 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.

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 Subsections 19-1.5e through h.

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.

Administrative fees. Upon the issuance of a forestry permit pursuant to paragraph d.3 above, the applicant shall be required to pay 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.

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.

[1]

Editor's Note: The forestry permit application referred to herein is included as an attachment to this chapter.

19-4.5 Agriculture management practices.

All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.

Agricultural operations in any agricultural production area shall be exempt from all municipal ordinances and regulations which inhibit efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.

In agricultural production districts, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate soil conservation district, located in an area which has been designated by any agency of Federal, State, or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the soil conservation district for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:

Erosion and runoff: Soil Conservation Service Technical Guide:

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

19-4.6 Waste management.

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands area. 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 Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

Nothing herein shall be construed to prevent the fertilization of plants, vegetation and other agricultural activity for agricultural purposes.

19-4.7 Water quality.

General.

All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.

No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.

Vegetal nitrate uptake shall not be considered a factor in the reduction of nitrate/nitrogen levels exiting a parcel.

The use of pressure dosing on-site wastewater treatment systems shall receive no credit for nitrate renovation in the application of the Pinelands Nitrate Dilution model and will be treated the same as standard systems in that regard.

Minimum standards for point and non-point source discharges. The following point and non-point source discharges may be developed or operated in the Pinelands area:

Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in paragraphs b.2 through 6 below, provided that:

There will be no direct discharge into any surface water body;

All discharges from the facility or use are of a quality and quantity such that ground water exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

All public waste water treatment facilities are designed to accept and treat septage; and

All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.

Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of paragraph 1(a) above provided that:

There will be no direct discharge into any surface water body.

The facility is designed only to accommodate waste water from existing residential, commercial, and industrial development;

Adherence to paragraph (b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall ground water exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

Improvements to existing commercial, industrial, and waste water treatment facilities which discharge directly into surface waters provided that:

There is no practical alternative available that would adhere to the standards of paragraph 1(a) above;

There is no increase in the existing approved capacity of the facility; and

All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water existing from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection b4(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection 19-1.5p or 19-3.8;

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

The depth to seasonal high water table is at least five feet;

Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

The system will be maintained and inspected in accordance with the requirements of Subsection c below;

The technology has been approved for use by the New Jersey Department of Environmental Protection; and

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Amended 11-20-2018 by Ord. No. 2018-13]

The standards set forth in paragraphs 4(a) and 4(c) through (h) above are met;

If the proposed development is nonresidential and located outside of a Pinelands Regional Growth Area or Pinelands Village, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met; and

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsectionn b4(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to Subsection 19-1.5p or 19-3.8.

Surface water runoff, provided that:

The total runoff generated from any net increase in impervious surfaces by a ten-year storm of a twenty-four-hour duration shall be retained and infiltrated on site. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, § 4;

The rates of runoff generated from the parcel by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, § 4;

Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel;

Excessively and somewhat excessively drained soils, as defined by the Soil Conservation Service, should be avoided for recharge of runoff wherever practical;

A minimum separation of two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high water table is met, or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality; and

A four-year maintenance guarantee is provided for the entire stormwater management system by the applicant. In addition, the applicant shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than 10 years. The program shall identify the entity charged with responsibility for annual inspections and the completion of any necessary maintenance, and the method to finance said program.

Individual wastewater treatment facility and petroleum tank maintenance.

The owner of every on-site septic wastewater treatment facility in the Pinelands area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and § 201 of the Clean Water Act:

Have the facility inspected by a technician at least once every three years;

Have the facility cleaned at least once every three years;

Once every three years submit to the board of health serving the township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.

Prohibited chemicals and materials.

Use of the following substances is prohibited in the Pinelands area to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

Septic tank cleaners; and

Waste oil.

All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface which shields the facility from precipitation.

No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands area unless necessary to protect an adjacent agricultural activity.

19-4.8 Scenic.

Setbacks and screening requirements for scenic corridors. No development shall be located within 200 feet of the center line of a public paved road, except for those roads which provide for internal circulation within residentially developed areas in the Pinelands Forest A, Forest B, Forest C, Highway Commercial and Rural Development Districts unless environmental or other physical considerations make it impractical to do so, provided however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor. These requirements shall not apply to residential cluster developments in the Pinelands Forest A, Forest B, Forest C and Rural Development Districts which comply with the standards of Subsection 19-4.16.

For exceptions to the setback requirements refer to N.J.A.C. 7:50-6.104.

Sign standards. All signs in the Pinelands area shall comply with the following standards:

No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted.

No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted.

No outdoor, off-site commercial advertising sign shall be permitted in the Pinelands, except that:

Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the RC Zone; and

Signs advertising agricultural commercial establishments shall be permitted, provided that:

No more than two signs shall be placed in any one direction along each road directly approaching the establishment; and

No sign along a four-lane State or Federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

Any existing sign which does not conform to paragraphs 1 and 2 hereof shall be removed immediately. Any existing sign which does not conform to paragraph 3 hereof shall be removed no later than December 5, 1996.

To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.

Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

Location of utilities.

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

Above-ground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with Subsection 19-4.2.

All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

19-4.9 Fire management.

No development shall be carried out in the Pinelands area in vegetated areas which are classified as moderate, high or extreme hazard under the Fire Hazard Classification set out in N.J.A.C. 7:50-6.113 and as defined in Subsection 19-1.3 of this chapter unless such development complies with the following standards:

All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire fighting equipment.

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment;

The rights-of-way of all roads will be maintained so that they provide an effective fire break;

A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

All dead plant material is removed.

In high fire hazard areas a fuel break of 75 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

All dead plant material is removed.

In extreme high hazard areas a fuel break of 100 feet measured outward from the structure in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis;

No pine tree (Pinus spp.) is closer than 25 feet to another pine tree; and

All dead plant material is removed.

All structures will meet the following specifications:

Roofs and exteriors will be constructed of fire resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire retardant-treated wood shingles or shake type roofs are prohibited in high or extreme fire hazard areas.

All projections such as balconies, decks, and roof gables shall be constructed of fire resistant materials or materials treated with fire retardant chemicals;

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;

Flat roofs are prohibited in areas where vegetation is higher than the roof.

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

All dead plant material is removed;

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

There is a specific program for maintenance.

19-4.10 Recreation.

All recreation areas and facilities in the Pinelands area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3 the New Jersey Department of Environmental Protection's publication "Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities."

19-4.11 Historic, archaeological and cultural resources.

The planning board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection 19-4.11e.2 below.

Authority to issue certificates of appropriateness.

The planning board shall issue all certificates of appropriateness except as specified in paragraph 2 below.

The board of adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

Certificates of appropriateness shall be required for the following:

Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and

Development not otherwise exempted from review pursuant to Subsection 19-1.5a.2 above where a significant resource has been identified pursuant to Subsection 19-4.11e below.

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of State, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

This requirement for a survey may be waived by the local approval agency if:

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

The evidence of cultural activity lacks any potential for significance pursuant to the standards of paragraph 2 below.

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or

The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, State, local community or the Pinelands; or

The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, State, local community or the Pinelands, although its components may lack individual distinction; or

The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the planning board and board of adjustment.

The effect of the issuance of a certificate of appropriateness is as follows:

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in paragraph 2 below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in paragraph e. above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this subsection shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the planning board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 C.F.R. 66).

19-4.12 Resource extraction.

Any mining of sand, gravel or other mineral resources must receive an approval from the planning board, as a conditional use. No approval for resource extraction shall be issued for a period exceeding two years.

Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;

A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;

The location, size and intended use of all buildings;

The location of all points of ingress and egress;

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;

The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way;

12.

A soils map;

13.

A reclamation plan which includes:

Method of stockpiling topsoil and overburden;

Proposed grading and final elevations;

Topsoil material application and preparation;

Type, quantity and age of vegetation to be used;

Fertilizer application including method and rates;

Planting method and schedules; and

Maintenance requirements schedule;

14.

A signed acknowledgement from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;

15.

A financial surety, guaranteeing performance of the requirements of paragraph c. below in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two year duration of any approval which is granted. The financial surety, which shall name the commission and the township as the obliged shall be posted by the property owner or his agent with the township;

16.

17.

When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Subsection 19-1.5f below.

Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:

Is designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than:

Two hundred feet to any property line;

Five hundred feet to any residential or non-resource extraction related commercial use which is in existence on the date the permit is issued;

Is to be located on a parcel of land of at least 20 acres;

Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion;

Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;

Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;

Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for onsite recharge to groundwater;

Will not involve excavation below the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located; provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;

Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one 20 acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in paragraph c.10 below.

Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of paragraph d. below and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance; and

Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.

Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.

All parcels of land which are used for resource extraction operations shall be restored as follows:

Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in paragraph c.8 above;

All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one-foot vertical to three feet horizontal except as provided in paragraph 6 below.

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.

Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;

Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one-foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;

All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed; and

Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:

Stabilization of exposed areas by establishing ground cover vegetation; and

Re-establishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:

The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;

Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;

A combination of the planting techniques set forth in paragraphs (1) and (2) above; or

The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.

Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond; and

The letter of credit, surety bond, or other guarantees of performance which secures restoration of each section shall be released after the township has determined that the requirements of paragraphs 1. through 9. above are being met and the guarantee of performance is replaced with a maintenance guarantee for a period of two years thereafter.

19-4.13 Air quality.

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

Applications for the following developments shall ensure that all State ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the RC Zone; and

Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other Pinelands area zone.

19-4.14 Energy conservation.

All development in the Pinelands areas of the township shall be carried out in a manner that promotes energy conservation. Streets in subdivisions and other land developments shall be so oriented as to permit, within the limits of practicability and feasibility, the southern orientation of buildings so as to maximize solar gain. Other measures which may be utilized include, but are not limited to, landscaping to permit solar access to buildings and/or to provide windbreaks or shade, and the use of energy conserving building materials.

19-4.15 Height limitations.

In the Pinelands area, 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 paragraphs b. and c. below.

The height limitation established in paragraph a. above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the standards of N.J.A.C. 7:50-6, Part X: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.

The height limitation established in paragraph a. 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.

19-4.16 Residential cluster development.

In the Forest A, Forest B, Forest C and Rural Development Districts, clustering of 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:

Permitted density:

In the Forest A and Rural Development Districts: one unit per five acres.

In the Forest B District: one unit per 15 acres.

In the Forest C District: one unit per 40 acres.

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 paragraph a.1 above, with a bonus applied as follows:

Parcel Size (acres)	RD and FA Districts	FB District	FC District
<50	0	0	0
50 to 99.99	15%	20%	25%
100 to 149.99	20%	25%	30%
>150	25%	30%	40%

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

Is located proximate to existing roads;

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

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

Conforms with the minimum environmental standards of § 19-4.

Development within the residential cluster shall be designed as follows:

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;

The following minimum yard and bulk standards shall apply:

Lot frontage: 75 feet.

Side yard: 40 feet (aggregate); 20 feet for each side.

Front yard: 30 feet.

Rear yard: 50 feet.

Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of Subsection 19-4.7.b.4 may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with paragraph 5(b)(2) below, individual on-site septic waste water treatment systems shall comply with the standards of Subsection 1-9-4.7.b.5 or N.J.A.C. 7:50-10.21 through 10.23. Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of Subsection 19-4.7.b.5 or N.J.A.C. 7:50-10.21 through 10.23 shall also be permitted;

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; and

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 one-half acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

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, Southampton Township or incorporated as part of one of the lots within the cluster development area.

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

The deed of restriction shall permit the parcel to be managed for:

Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:

For those agricultural uses established after April 6, 2009 which do not meet the standards of paragraph (b)(2)(i), the deed of restriction shall permit the land to be managed only in accordance with paragraph (b)(1) above and shall not provide for continuation of any agricultural use on the parcel;

The deed of restriction to be recorded pursuant to paragraphs (b)(2)(i) or (ii) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, 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 Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and