A.
In interpreting and applying this chapter, these provisions
shall be held to the minimum requirements for the promotion of the
public health, safety, comfort, convenience and general welfare. Where
the provisions of this chapter impose greater restrictions than those
of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., the provisions
of the Municipal Land Use Law shall be controlling. Where the provisions
of any statute impose greater restrictions than this chapter, the
provisions of such statute shall be controlling.
B.
Within the Pinelands Area, the Pinelands Protection
Act, N.J.S.A. 13:18A, and the Pinelands Comprehensive Management Plan,
N.J.A.C. 7:50 et seq., shall apply to regulated development.
C.
Within the Coastal Area, the Coastal Area Facilities
Act, N.J.S.A. 13:19-1 et seq., and the Coastal Plan and Policies,
N.J.A.C. 7:1 et seq., shall apply to regulated development.
Except as herein otherwise provided:
A.
No building or structure shall be erected and no existing
building shall be moved, structurally altered, added to or enlarged,
nor shall any land or building be designed, used, or intended to be
used, or developed for any purpose or in any manner other than as
specified among the uses hereinafter listed as permitted in the zone
district in which such building or land is located and meeting the
requirements as set forth in the Schedule.[1]
[1]
Editor's Note: The Schedule is included as
an attachment to this chapter.
B.
No building shall be erected, no existing buildings
shall be altered, enlarged or rebuilt, nor shall any open space surrounding
any building be encroached upon or reduced in any manner, except in
conformity to the yard, lot area, building location, percentage of
lot coverage, off-street parking space, and such other regulations
hereinafter designated in this chapter for the zone district in which
such building or open space is located.
C.
No off-street parking area, loading or unloading area
provided to meet the minimum off-street parking, loading or unloading
requirements for one use or structure, shall be considered as providing
off-street parking, loading or unloading area for a use or structure
on any other lot, unless specifically permitted elsewhere in this
chapter.
D.
No subdivision may be approved unless each lot contained
in said subdivision complies with all the requirements of the zone
district in which said lot is located, or unless a variance has been
granted therefrom.
E.
No use shall be considered a permitted use or a conditional
use in a zone district unless included as such in the particular zone
district.
F.
When an
improved lot that has a conforming single-family dwelling in a residential
zone exists as a separate isolated lot under separate ownership and
does not adjoin any vacant land or vacant lots of the same owner,
and which said improved lot is nonconforming due to lot area, lot
width, or lot depth, any existing residential building or structure
on the lot may be further improved without variance relief from the
Township Planning Board, provided that:
[Added 8-21-2013 by Ord.
No. 521-2013; amended 12-2-2015 by Ord. No. 543-2015]
(1)
The
number of dwelling units shall not be increased even if such increased
number of dwelling units is allowed in the zone in which the property
is located, unless approved by the Township Planning Board.
(2)
Any
existing and proposed improvement on the nonconforming improved lot
shall not exceed the percentage of maximum building coverage set forth
in the applicable zone’s Schedule of Yard, Area and Building
Requirements.
(3)
Any
existing and proposed improvement on the nonconforming improved lot
shall conform to all other standards of the applicable zone, including
off-street parking.
Whenever the depth of lots is established by
existing street patterns in any residential zone, the depth requirements
of the zone shall be waived as long as all setback lines are maintained.
A.
Every principal building shall be built upon a lot
with frontage upon a public street improved to meet the Township requirements
or for which such improvement has been guaranteed by the posting of
a performance guaranty pursuant to this chapter unless relief has
been granted by the Planning Board under the provisions of N.J.S.A.
40:55D-36.
[Amended 12-2-2015 by Ord. No. 543-2015]
B.
Where a building lot has frontage on a street, which
the Master Plan or the Official Map of the Township indicates is proposed
for right-of-way widening, the required front yard setback shall be
measured from such proposed right-of-way line.
A.
No yard or other open space provided around any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
B.
All yards facing on a public street shall be considered
front yards and shall conform to the minimum front yard requirements
for the zone in which located, except as otherwise provided in this
chapter.
C.
Every part of a required yard shall be open and unobstructed
from its lowest level to the sky, except for the ordinary projections
allowed by the State Uniform Construction Code, including but not
limited to sills, belt courses, chimneys, flues, buttresses, ornamental
features and eaves; provided, however, that none of the aforesaid
projections shall project into the minimum required yards more than
24 inches, unless otherwise permitted by this chapter. Unroofed entrance
porches or terraces, which do not rise above the height of the floor
level of the ground floor, may extend into any yard, provided that
the total area of all such porches which extend into such yards does
not exceed 1,000 square feet.
A.
On all corner lots, the depth of all yards abutting
on streets shall not be less than the minimum front yard depth required
on all adjoining interior lots fronting on such street. However, provisions
of this section shall not apply so as to reduce the buildable width
to less than 50% of any lot less than 100 feet in width. No corner
lot setback shall, in any case, be less than 20 feet unless otherwise
permitted in this chapter.
B.
Where the corner lot abuts interior lots located in
an adjoining zone district having lesser front setback requirements,
buildings may assume the minimum front setback dimension of the adjoining
zone district only if the adjoining zone is immediately adjacent and
contiguous to the property and the proposed building is to be situated
within 100 feet of said adjacent zone district.
C.
Lot line of corner lots that are coexistent with side
lines of abutting lots shall be considered side lines.
D.
Lot lines of corner lots that are coexistent with
rear lines of adjoining lots shall be considered rear lines.
E.
Lot lines of corner lots that are coexistent with
lot lines of adjoining corner lots shall be considered side lines.
A.
Unless more stringent regulations are provided by
other provisions of this chapter, at the intersection of two or more
streets, no hedge, fence, screening strip or wall higher than 30 inches
above curb level, nor any obstruction to vision, other than a post
not exceeding one foot in diameter, shall be permitted on any lot
within the triangular area formed by two intersecting street lines
bounding said lot, or the projection of such lines, and by a line
connecting a point, on each line located 25 feet from the intersection
of a street lines.
B.
Sight triangle areas shall be maintained, trimmed
or cleared in order to maintain sight distance as required herein.
Unless otherwise specified in this chapter,
accessory buildings shall conform to the following regulations as
to their locations on the lot:
A.
An accessory building attached to a principal building
shall comply in all respects with the yard requirements of this chapter
for the principal building. Detached accessory buildings shall be
located in other than a front yard, except in the R-1 Zone where,
on properties abutting the Egg Harbor River, they shall be permitted
in the front yard and setbacks as provided in existing zoning regulations.
[Amended 12-30-1991 by Ord. No. 318-91]
B.
Accessory buildings may occupy not more than 25% of
the rear or side yard area in any residential zone, provided that
such buildings shall not exceed 16 feet in height.
C.
No detached accessory structure in any residential
zone shall be less than five feet from the principal building.
D.
No accessory building shall be used for residence
purposes except by domestic employees of the tenant or of the owner
of the premises.
E.
No accessory building which is intended to be occupied
for dwelling purposes shall be constructed before the principal building.
F.
Accessory buildings must be located on the same lot
as the principal use to which they are accessory.
Any lot utilized for single-family or two-family
dwelling purposes shall not contain more than one principal building.
The provisions of this chapter shall not apply to customary underground essential services as defined in § 155-6, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground or any other aboveground appurtenance of any type more than 40 feet high shall require approval as a conditional use subject to the provisions of this chapter. Within the Pinelands Area, the requirements of § 155-148 and Article X shall apply.
Where two or more lots, created by the filing
of a map pursuant to the Map Filing Law[1] prior to establishment of the Planning Board, have any
contiguous lines and are in single ownership and one or more of the
lots is nonconforming in any aspect, the lots involved shall be considered
to be an undivided parcel for the purposes of this chapter and no
portion of said parcel shall be conveyed or divided except through
the filing of an approved subdivision in accordance with the provisions
of this chapter.
[1]
Editor's Note: Said law was repealed by L.2011,
c. 217, § 2, effective 5-1-2012.
A.
No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall extend higher than the limit provided in each zone created hereunder for building height except as provided in Subsections B through D below.
[Amended 8-20-1997 by Ord. No. 349-97]
B.
The height limitations created hereunder shall not
apply to spires, silos, belfries, cupolas, domes, fire observation
towers, electric transmission facilities and supporting structures,
windmills and barns, and other agricultural buildings not used for
human occupancy, or to parapets, walls or cornices extending not more
than four feet above the building height limit.
C.
The height limitations created hereunder shall apply
to chimneys, ventilators, solar energy facilities, skylights, tank,
stair towers, elevator towers, appurtenances usually carried above
the roof line attached to a building, except that the same may exceed
said height limitations by not more than 15 feet, except that skylights,
heating and air-conditioning equipment and ventilators may exceed
the height limitation by no more than 10 feet. Such features shall
not exceed, in total coverage, 10% of the total roof area.
D.
Where permitted. Freestanding, noncommercial radio
and television antennas and flagpoles may exceed the height limits
created hereunder by not more than 15 feet.
E.
The height limitations in this chapter shall not apply
to the antenna and any supporting structure of a local communication
facility of greater than 35 feet, provided that the standards set
forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 8-20-1997 by Ord. No. 349-97]
All of the following shall be preserved in a
natural state:
A.
Floodway areas as defined by the United States Department
of Housing and Urban Development, Federal Insurance Program Flood
Insurance Rate Map; U.S. Army Corps of Engineers; the New Jersey Department
of Environmental Protection and Energy or by the Weymouth Environmental
Commission.
B.
Areas containing a significant number of specimen
trees determined by the Environmental Commission or the municipal
agency.
C.
Existing watercourses, ponds, marshes and swamps.
E.
Wetlands as defined by the NJDEPE Coastal Management
Development Policies within the CAFRA Area and Pinelands Commission
in the Pinelands Comprehensive Management Plan within the Pinelands
Area.
[Amended 6-19-1996 by Ord. No. 344-96]
F.
Steep slopes in excess of 15%.
G.
Flora and fauna on the New Jersey and/or Federal Endangered
Species and/or Vegetation List.
Whenever a person acquires title to the land
under water adjacent to his or her property by virtue of a riparian
grant from the State of New Jersey, then the grant area shall automatically
be zoned the same as the upland property adjacent to the grant; provided,
however, that any part of this grant not filled, graded and stabilized
pursuant to a valid construction permit, shall not be applicable to
meeting the minimum lot area for the governing zone.
Where applicable, the municipal agency shall
require as a condition of subdivision or site plan approval that the
owner convey to the Township, drainage easements, conservation easements,
sight triangle easements and/or shade tree and utility easements.
A.
Solid wastes from single-family homes, if stored outdoors,
shall be placed in metal or plastic receptacles with tight-fitting
covers.
B.
Such receptacles shall not be stored or placed within
any front yard area prior to the time at which solid wastes are permitted
to be placed at the curblines for collection. Such receptacles may
be stored in either rear or side yard areas, but if stored within
a side yard area, they shall be screened form view of adjoining properties
and street areas with planting or fencing. Solid wastes which are
to be picked up shall conform to the requirements established by the
Township Committee for garbage and trash collection.
[Amended 6-19-1996 by Ord. No. 344-96]
The dumping of refuse, waste material or other
substances is prohibited in all districts within the municipality.
No nonresidential use with the exception of
farms shall store materials of any kind outdoors in any district except
in connection with the construction of a structure to be erected on
the premises unless specifically permitted elsewhere in this chapter.
A.
Retail and/or wholesale business uses shall not permanently
display goods for sale, including motor vehicles, outdoors except
in accordance with a site plan approved by the Planning Board.
B.
Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefor by the Township. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for the same out of doors shall not be permitted in any zoning district within the Township except in accordance with Subsection D below.
C.
Temporary sales and outdoor display of goods may be
permitted where the goods displayed are the merchandise of a business
included within a structure located on the site. Such temporary sales
and display shall be in accordance with a permit issued by the Zoning
Officer. No business shall hold more than five such sales per year
nor shall any one sale exceed one week in duration.
D.
Temporary flea markets and sales operated by nonprofit
groups such as churches may be permitted where the goods displayed
are on a site which is already developed as a principal use of the
nonprofit group. Such sales shall be in accordance with a permit issued
by the Zoning Officer. No nonprofit group shall hold more than five
such sales per year, nor shall any one sale exceed one week in duration.
E.
Coin-operated vending machines shall not be located
farther than two feet from a related business structure.
F.
Goods for sale, displayed or stored outdoors, shall
not be located closer than 25 feet to any street right-of-way or 15
feet to any side or rear line, except in conjunction with temporary
sidewalk or other types of outdoor sales.
[Added 7-16-2003 by Ord. No. 405-2003]
A.
Home-based business, which shall be defined as a business
activity carried on for gain by a resident in a dwelling unit, shall
be a permitted accessory use in all residential zone districts, provided
that:
(1)
The activity is compatible with the residential
use of the property and surrounding residential uses.
(2)
The activity employs no employees other than
family members residing in the dwelling or unit.
(3)
The volume of invitees or guests who visit the
residential dwelling or unit is not in excess of two at any given
time.
(4)
There is no outside appearance of a home-based
business, which shall include, but not be limited to, parking spaces,
outside storage of materials or equipment, parking of commercial vehicles,
signs or commercial lighting.
(5)
The volume of deliveries is not in excess of
what is normally associated with residential use in the neighborhood.
(6)
The activity uses no equipment or processes
that create noise, vibration, glare, fumes, odors, or electrical or
electronic interference, including interference with radio or television
reception, detectable by any neighbors.
(7)
The activity does not generate any solid waste
or sewage discharge in volume or type which is not normally associated
with residential use in the neighborhood.
(8)
The activity is not illegal.
C.
For purposes of this section, in the case of a dwelling
unit which is part of a common-interest ownership community where
at least some of the property is owned in common by all of the residents,
the provisions of this section shall not be deemed to supersede any
deed restriction, covenant, agreement, master deed, bylaws or other
documents which prohibit a home-based business within a dwelling unit.
A.
Within any residential district, no building with
a permitted home professional office or home occupation shall be constructed
or altered so as to be inharmonious to the residential character of
adjacent structures.
B.
The types of construction not considered to be residential
in character include store front type of construction, garage doors
(larger than needed for passenger vehicles or light commercial vehicles)
and unfinished concrete blocks or cinderblock wall surfaces.
The exterior elevations shall be arranged and
outer walls on nonresidential buildings shall be faced with materials
approved by the Planning Board in conjunction with site plan approval.
The architecture of all buildings shall be compatible with structures
on adjacent lands and in the neighborhood.
[Amended 4-6-2011 by Ord. No. 496-2011]
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or boat shall be permitted on any residential
properties, provided that:
A.
Only one travel trailer or camper shall be permitted to be stored
outdoors at any residential property or vacant lot owned by the owner
of the travel trailer or camper.
B.
Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections.
C.
Permanent or temporary overnight occupancy or use of a trailer, travel-trailer,
motor home or recreational vehicle is not permitted in any zone except
during the construction or reconstruction of an approved or existing
single-family dwelling and provided that adequate wastewater facilities
are present. For good cause shown, the committee may extend the period
of occupancy.
D.
All boats longer than 12 feet (except non-motorized inflatable devices,
surfboards, racing shells, dinghies, canoes and kayaks) that are motor-powered
vessels, regardless of length, must be titled and owned by the owner
of the property or a member of the owner's immediate family or the
tenant living in the house on said property or in the case of a vacant
lot, owned by the owner of the boat or with the written permission
of the vacant property owner.
E.
All titled boats and motor-powered vessels of any length must be
registered annually and exhibit a registration decal not more than
one year older than the current date. Utility trailers, landscape
trailers, etc. will be addressed under another ordinance.
F.
All registered boats must meet the following setback distances from
the center line of the roadway pavement:
(1)
State and county roads: 60 feet.
(2)
Township roads: 40 feet. Where lot size will not allow this forty-foot
setback from the center line of the road, with the approval of the
Township Code Enforcement Officer, this setback requirement may be
reduced, provided the new setback distance does not infringe on the
Township road's right-of-way.
[Amended 9-17-1997 by Ord. No. 350-97]
A.
No commercial motor vehicle having a rated maximum
gross vehicle weight (GVW) in excess of 20,000 pounds shall be parked
or stored overnight on any occupied property which is primarily used
for residential purposes or on any vacant property in a residentially
zoned area, except for vehicles engaged in construction, parked or
stored on an active construction site.
B.
Not more than one motor vehicle with commercial motor
vehicle registration, having a rated maximum gross vehicle weight
(GVW) of 20,000 pounds or less shall be parked or stored overnight
on any occupied property which is primarily used for residential purposes
or on any vacant property in a residentially zoned area, except for
vehicles engaged in construction, parked or stored on an active construction
site. This provision shall not apply to passenger automobiles with
commercial motor vehicle registration.
C.
The aforementioned regulations for commercial vehicle
storage shall not apply to vehicles located on and necessary to the
operation of a farm.
No building, structure or use shall be permitted
within areas defined as tidal wetlands by the New Jersey Wetlands
Act of 1970[1] and delineated on the wetlands maps prepared by the New
Jersey Department of Environmental Protection and Energy, except in
accordance with a permit issued under the Act.
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
A.
A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter may be required to submit a Soil Erosion and Sediment Control Plan as is required by the Cape Atlantic Soil Conservation District. In determining whether an applicant should be required to submit said plan, the municipal agency shall consider the applicable state regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.
B.
Soil erosion and sediment control plans shall be reviewed
and certified by the Cape Atlantic Soil Conservation District for
conformance with the New Jersey State Standards for Soil Erosion and
Sediment Control.
C.
The municipal agency may seek the assistance of the
Cape Atlantic Soil Conservation District in the review of such plans
and may deem as approved those plans which have been reviewed and
certified by the Cape Atlantic Soil Conservation District.
A.
Freestanding radio and television antennas shall only
be placed in the rear yard area and shall be located no closer than
15 feet to any property line.
B.
Freestanding antennas over 20 feet in height or antennas
extending 20 feet above the point of attachment to a building shall
be built to withstand winds of 100 miles per hour.
[Amended 6-19-1996 by Ord. No. 344-96]
Within a flood hazard area designated on the Weymouth Township Flood Plain Areas Map developed pursuant to Chapter 132, Flood Damage Prevention, the following design standards shall apply to developments requiring a floodplain encroachment permit:
A.
Anchoring. All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or lateral movement
of the structure.
B.
Construction materials and methods.
C.
Utilities.
(1)
All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into
the system.
(2)
New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of flood damage.
(3)
On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with
the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities
and facilities such as sewer, gas, electrical and water systems located
and constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision
proposals and other proposed development which is greater than the
lesser of 50 lots or five acres.
E.
Residential construction. New construction or substantial
improvement of any residential structure shall have the lowest structural
member, including basement, elevated one foot above the base flood
elevation.
F.
Nonresidential construction. New construction or substantial
improvement of any commercial, industrial or other nonresidential
structure shall either have the lowest structural member, including
basement, elevated one foot above the base flood elevation or, together
with attendant utility and sanitary facilities, be floodproofed so
that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capacity of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A registered professional engineer
or architect shall certify that the standards of this subsection are
satisfied.
G.
Additional conditions. In areas of special flood hazard,
any or all of the following measures may also be required:
(1)
Floodproofing to include any or all of the following:
(a)
Installation of watertight doors, bulkheads
and shutters or similar devices.
(b)
Reinforced walls to resist water pressures.
(c)
Use of paints, membranes or mortars to reduce
seepage of water through walls.
(d)
Addition of weight to structures to resist flotation.
(e)
Installation of pumps to lower water levels
in structures.
(f)
Pumping facilities, or comparable measures,
for the subsurface drainage system of buildings to relieve external
foundation wall and basement flood pressures.
(g)
Construction that resists rupture or collapse
caused by water pressure or floating debris.
(h)
Installation of valves or controls on sanitary
and storm drains which will permit the drains to be closed to prevent
backup of sewage or stormwaters into the structure. Gravity drainage
of basements may be eliminated by mechanical devices.
(i)
Location of all electrical equipment, circuits
and installed electrical appliances in a manner which will assure
they are not subject to inundation and flooding.
(j)
Adequate emergency electrical power supplies.
(2)
Imposition of operational controls, sureties and deed
restrictions.
(3)
Requirements for construction of dikes, levees and
other protective measures.
(4)
Installation of an adequate flood warning system on
the project site.
(5)
All fill and other earth work must be established
according to the Cape Atlantic Soil Conservation District.
H.
Floodways. Located within areas of special flood hazard established in Chapter 132, Flood Damage Prevention, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial
improvements and other development are prohibited unless a technical
evaluation demonstrates that encroachments shall not result in any
increase in flood levels during the occurrence of the base flood discharge.
(2)
If Subsection G(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(3)
The placement of any structure in a floodway is prohibited.
(4)
In all areas of special flood hazard in which base
flood elevation data has been provided and no floodway has been designated,
the cumulative effect of any proposed development, when combined with
all other existing and anticipated development, shall not increase
the water surface elevation of the base flood more than 0.2 foot at
any point.
I.
Design waivers. The Planning Board may grant waivers
from the design standards of this section. In reviewing requests for
waivers, the Board shall consider the following:
(1)
Waivers may be issued for new construction and substantial
improvements to be erected on a lot of 1/2 acre or less in size
contiguous to and surrounded by lots with existing structures constructed
below the base flood level, providing the standards of this section
have been fully considered. As the lot size increases beyond the 1/2
acre, the technical justification required for issuing the variance
increases.
(2)
Waivers may be issued for the reconstruction, rehabilitation
or restoration of structures listed on the National Register of Historic
Places or the State Inventory of Historic Places without regard to
the procedures set forth in the remainder of this section.
(3)
Waivers shall not be issued within any designated
floodway if any increase in flood levels during the base flood discharge
would result.
(4)
Waivers shall only be issued upon a determination
that the waiver is the minimum necessary, considering the flood hazard,
to afford relief.
(5)
Waivers shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the waiver
would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a waiver
will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances or conflict
with existing local laws or ordinances.
(6)
Any applicant to whom a waiver is granted shall be
given written notice that the structure will be permitted to be built
with a lowest floor elevation below the base flood elevation and that
the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced lowest floor elevation.
(7)
In reviewing a request for a waiver, the Planning
Board may consider the following:
(a)
The danger to life and property due to increased
flood heights or velocities caused by encroachments.
(b)
The danger that materials may be swept onto
other lands or downstream to the injury of others.
(c)
The proposed water supply and sanitation systems
and the insulation of these systems from disease, contamination and
unsanitary conditions resulting from flooding.
(d)
The susceptibility of the proposed use to flood
damage and the effects of such damage.
(e)
The need for a waterfront location and the availability
of alternate locations not subject to flooding within the applicant's
property.
(f)
The duration, rate of rise, effects of wave
action, velocity, and sediment transport of floodwaters expected at
the site.
(g)
The safety of access to the property in times
of flood for ordinary and emergency vehicles.
(h)
The extent to which the water-carrying capacity
of the floodway or channel would be disrupted.
(i)
The degree to which the proposed use would serve
the general public health, safety and welfare.
(j)
The degree to which any aspect of the food chain
or plant, animal, fish or human life processes would be affected adversely
within or beyond the proposed use area.
(k)
Whether the proposed use provides adequate facilities
for the proper handling of litter, trash, refuse and sanitary and
industrial wastes.
(l)
The degree to which the proposed activity would
alter natural water flow or water temperature.
(m)
The degree to which archaeological or historic
sites and structures are endangered or rare species of animals or
plants, irreplaceable land types would be degraded or destroyed.
(n)
The degree to which the natural, scenic and
aesthetic values at the proposed activity site could be retained.
(o)
The costs of providing governmental services
during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical
and water systems, and streets and bridges.
A.
As a condition of approval and the continuance of
any use, occupancy of any structure, and operation of any process
or equipment, the applicant shall supply evidence, satisfactory to
the municipal agency, or to its designated representative, that the
proposed use, structure, process or equipment will conform fully with
all of the applicable performance standards.
(1)
As evidence of compliance, the municipal agency may
require certification of tests by appropriate government agencies
or by recognized testing laboratories, any costs thereof to be borne
by the applicant.
(2)
The municipal agency may require that specific types
of equipment, machinery or devices be installed, or that specific
operating procedures or methods be followed if the government agencies
or testing laboratories examining the proposed operation, shall determine
that the use of such specific types of machinery, equipment, devices,
procedures or methods are required in order to assure compliance with
the applicable performance standards.
(3)
Permits and certificates required by other government
agencies shall be submitted to the municipal agency as proof of compliance
with applicable codes.
(4)
If appropriate permits, tests and certifications are
not or cannot be provided by the applicant, then the municipal agency
or Administrative Officer (Zoning Officer) may require that instruments
and/or other devices or professional reports or laboratory analysis
be used to determine compliance with the following performance standards
for an existing or proposed use and the cost thereof shall be borne
by the owner, applicant or specific use in question.
(5)
Conditional permit.
(a)
In the event a determination cannot be made
at the time of application that a proposed use, process or piece of
equipment will meet the standards established in this section, the
municipal agency may issue or may recommend issuance of a conditional
permit. The conditional permit would be based on submission of evidence
that the proposed use, process or equipment will meet the standards
established hereinafter completion or installation and operation.
(b)
Within 30 days after a conditional permit is
granted, a certificate of occupancy shall be applied for and satisfactory
evidence submitted that all standards established by this section
have been met.
B.
Applicability and enforcement of performance standards.
(1)
Applicability:
(a)
Prior to construction and operation: Any application
for a development or building permit for a use which shall be subject
to performance standards shall be accompanied by submissions, attachments,
certifications as required by this section, and a sworn statement
filed by the owner of the subject property or the operator of the
proposed use that said use will be operated in accordance with the
performance standards set forth herein.
(b)
For existing structures: Any existing structure
or use which is after the effective date of this chapter allowed to
deteriorate or is modified so as to reduce its compliance with these
standards will be deemed to be in noncompliance and to constitute
a violation.
(2)
Continued compliance: Continued compliance with performance
standards is required and shall be enforced by the Construction Code
Official or Administrative Officer (Zoning Officer).
(3)
Termination of violation: All violations shall be
terminated within 30 days of notice or shall be deemed a separate
violation for each day following any subject to fines as set forth
herein.
(4)
Violation inspection: Whenever, in the opinion of
the Construction Code Official or Administrative Officer (Zoning Officer),
there is a reasonable probability that any use or occupancy violates
the regulations of this article, they are hereby empowered to employ
a qualified technician or technicians to perform investigations, measurements
and analyses to determine whether or not the regulations of this section
are being violated. In the event that a violation is found to exist,
the violator shall be liable for the reasonable fees of the technicians
employed to perform such investigations, measurements and analyses.
C.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control
Regulations of the New Jersey Department of Environmental Protection
and Energy (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by
reference without being set forth in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit,
nor shall any application for development be approved which produces
sound in excess of the standards listed below when measured at any
location outside of the lot on which the use or source of sound is
located:
[1]
Continuous airborne sound which has a sound
level in excess of 50 dBA.
[2]
Continuous airborne sound which has an octave
band sound pressure level in decibels which exceeds the values listed
below in one or more octave bands.
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
86
| |
|
63
|
71
| |
|
125
|
61
| |
|
250
|
53
| |
|
500
|
48
| |
|
1,000
|
45
| |
|
2,000
|
42
| |
|
4,000
|
40
| |
|
8,000
|
38
|
[3]
Impulsive sound in air which has an impulsive
sound level in excess of 80 decibels.
(c)
The provisions of this section shall not apply
to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used
in conjunction with religious services.
[3]
Commercial motor vehicle operations.
[4]
Emergency energy release devices.
[5]
Emergency work to provide electricity, water,
or other public utilities when public health or safety are involved.
[6]
National Warning System (NAWAS) signals or devices
used to warn the community of attack or imminent public danger such
as flooding or explosion. These systems are controlled by the New
Jersey Civil Defense and Disaster Control Agency.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling
devices.
[11]
Surface carriers engaged in commerce
by railroad.
[12]
Rail operations.
[13]
The unamplified human voice.
[14]
Use of explosive devices. These
are regulated by the New Jersey Department of Labor and Industry under
the 1960 Explosive Act (N.J.S.A. 21:1A-128).
[Amended 6-19-1996 by Ord. No. 344-96]
(2)
Air pollution. No substance shall be emitted into
the atmosphere in quantities which are injurious to human, plant or
animal life or to property, or which will interfere unreasonably with
the comfortable enjoyment of life and property anywhere in the municipality.
All provisions of the New Jersey Air Pollution Control Code, and federal
air quality standards as amended and augmented, and all the following
provisions stated, whichever shall be more stringent, shall be complied
with.
(a)
Smoke. In any zone, no smoke, the shade or appearance
of which is darker than No. 1 of the Ringelmann Smoke Chart, shall
be emitted into the open air from any incinerator or fuel-burning
equipment; provided, however, that smoke emitted during the cleaning
of a fire box or the building of a new fire, the shade or appearance
of which is no darker than No. 2 of the Ringelmann Smoke Chart, may
be permitted for a period or periods aggregating no more than three
minutes in any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones,
the allowable discharge shall be 75% of the allowable emission permitted
by the New Jersey Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge
shall be the allowable emission permitted by the New Jersey Air Pollution
Control Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State
Department of Environmental Protection and Energy.
[6]
Any road, parking area, driveway, truck loading
or unloading station, or any other exterior area having substantial
movement of vehicles or equipment shall be paved or otherwise stabilized
during construction sufficient to prevent the general of dust from
the movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may
be emitted into the atmosphere in quantities sufficient to be to be
detected without instruments. Any process which may involve the creation
or emission of any odors shall be provided with a secondary safeguard
system so that control will be maintained. Table I (Odor Thresholds
in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of
"Research on Chemical Odors," copyrighted by the Manufacturing Chemists
Association, Inc., Washington, D.C., shall be used as a guide in determining
quantities of offensive odors.
(d)
Applications for residential development of
100 or more units and any other development involving more than 300
parking spaces located in the PFA-25, PFA-20, PFA-10, PVR, PVC and
PFA-MH zones shall ensure that all state ambient air quality standards
of the New Jersey Air Pollution Control Code, as amended and augmented,
for carbon monoxide shall not exceed at places of maximum concentration
and at sensitive receptors.
(3)
Liquid waste. No liquid waste shall be discharged
into any watercourse, storm drain or sewage collection and disposal
system, nor into any ground sump, any well or percolation area, except
in accordance with plans approved by the Township Public Works Department,
Health Department, and Township Engineer, and where required by the
New Jersey Department of Environmental Protection and Energy, and
the Pinelands Commission.
(4)
Solid waste. All uses in the Township shall:
(a)
Assume full responsibility for adequate and
regular collection and removal of all refuse, except if the Township
assumes the responsibility.
(b)
Comply with all applicable provisions of the
Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary
Code, Chapter 8, Refuse Disposal, Public Health Council of the State
Department of Environmental Protection and Energy.
(d)
Permit no accumulation on the property of any
solid waste, junk or other objectionable materials.
(e)
Not engage in any sanitary landfill operation
on the property.
[Amended 6-19-1996 by Ord. No. 344-96]
(5)
Radiation. All use of materials, equipment or facilities,
which are or may be sources of radiation, shall comply with all controls,
standards and requirements of the U.S. Atomic Energy Act of 1965,
as amended, and any codes, rules or regulations promulgated under
such Act, as well as the N.J. Radiation Protection Law, N.J.S.A. 26:2D-1
et seq., as amended, whichever is more stringent.
(6)
Fire and explosion hazards. All activities shall be
carried on only in buildings classified as fireproof by the New Jersey
State Uniform Construction Codes, and as determined by the Fire Department.
The operation shall be conducted in such a manner and with such precautions
against fire and explosion hazards as to produce no explosion hazard
as determined by the New Jersey Inspection Bureau of Fire Prevention
to a use on an adjacent property and must conform to the rules and
regulations of the most recent adopted edition of the Fire Prevention
Code of the National Board of Fire Underwriters and the Weymouth Township
Fire Department.
(7)
Vibration. There shall be no vibration which shall
be discernible to the human sense of feeling beyond the boundaries
of the lot on which the source is located. At no point on or beyond
the boundary of any lot shall be maximum ground-transmitted steady-state
or impact vibration caused by any use or activity (except those not
directly under the control of the property user) exceed a particle
velocity of 0.10 inch per second for impact vibrations. Particle velocity
is to be determined by the Formula 6.28F, where "F" is the frequency
of the vibration in cycles per second and A is the maximum single
amplitude displacement of the vibration in inches. For the purpose
of measuring vibrations, a three-component measuring system shall
be used. For the purpose of this chapter, steady-state vibrations
are vibrations which are continuous, or vibrations in discrete impulses
more frequent than 100 per minute. Discrete impulses which do not
exceed 100 per minute shall be considered impact vibrations.
(8)
Electromagnetic interference. There shall be no electromagnetic
interference that:
(9)
Heat. Every use and activity shall be so operated
that it does not raise the ambient temperature more than two degrees
Celsius at or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction
and additions shall be fire-resistant construction in accordance with
the requirements of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected
glare exceeding 1 1/2 footcandles measured at the boundaries
of the lot on which the source is located. This regulation shall not
apply to lights which are used solely for the illumination of entrances
or exits or driveways leading to a parking lot. Any operation or activity
producing intense glare shall be conducted so that direct and indirect
illumination from the source of light shall not cause illumination
in excess of 0.1 footcandle in residential districts.
(12)
Lighting and illumination. Artificial lighting
or illumination provided on any property or by any use shall adhere
to the following standards:
(a)
The illumination provided by artificial lighting
on the property shall not exceed 0.5 footcandle beyond any property
line.
(b)
Spotlights or other types of artificial lighting
that provide a concentrated beam of light shall be so directed that
the beam of light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting
used to illuminate signs or building faces shall not emit beams of
light that extend beyond the vertical plane of the sign or building
face that they illuminate and shall not be located in such manner
as to cause the beams of light to be reflected upon any adjoining
property, public street or vehicular circulation area.
A.
Wetlands.
(1)
Uses. No development in the Pinelands Area shall
be permitted in a wetland or in a wetlands transition area except
for the following uses:
[Amended 3-17-1993 by Ord. No. 328-93]
(a)
Horticulture of native Pinelands species in
accordance with the requirements of Article 6, Part 5, of the Pinelands
Comprehensive Management Plan.
(b)
Berry agriculture in accordance with the requirements
of Article 6, Part 5, of the Pinelands Comprehensive Management Plan.
(c)
Beekeeping.
(e)
Wetlands management and fish and wildlife management,
in accordance with N.J.A.C. 7:50-6.10.
[Amended 4-4-2012 by Ord. No. 503-2012]
(f)
Low-intensity recreational uses, which do not
involve use of a structure, including hunting, fishing, trapping,
hiking, boating and swimming.
(g)
Other low-intensity recreational uses, provided that any associated development does not result in a significant adverse impact on the wetlands as set forth in Subsection A(2) below.
(h)
Bridges, roads, trails, and utility transmission
and distribution facilities and other similar linear facilities, provided
that:
[1]
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.
[2]
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof.
[3]
The use represents a need which overrides the
importance of protecting the wetland.
[4]
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland.
[5]
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.
(i)
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 Subsection A(2) hereof;
(j)
Commercial or public docks, piers, moorings
and boat launches shall be permitted, provided that:
(2)
Performance standards. No development in the Pinelands Area, other than those uses permitted in Subsection A(1) above, shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals, in one or more of the following ways:
[Amended 3-1-1989 by Ord. No. 294-89]
(a)
An increase in surface water runoff discharging
into a wetland.
(b)
A change in the normal seasonal flow patterns
in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased
sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground
or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(3)
Determination under this subsection 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.
B.
Vegetation and landscaping.
[Amended 8-20-1997 by Ord. No. 349-97]
(1)
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.
(2)
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(4) below.
(4)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection B(3) above or required pursuant to § 155-66B(10)(k) or 155-69B(21) shall incorporate the following elements:
(a)
The limits of clearing shall be identified.
(b)
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.
(c)
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.
(d)
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:
[1]
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;
[2]
For limited ornamental purposes around buildings
and other structures; or
[3]
When limited use of other shrubs or tree species
is required for proper screening or buffering.
(5)
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.
C.
Fish and wildlife.
(1)
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 animals species designated by the Department of Environmental
Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.
(2)
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.
D.
Water quality.
(1)
General.
(a)
All development shall be designed and carried
out so that the quality of surface and groundwater will be protected
and maintained. Agricultural use shall not be considered development
for purposes of this subsection.
(b)
Except as specifically authorized in this section,
no development shall be permitted which degrades surface or groundwater
quality or which established new point sources of pollution shall
be permitted.
(c)
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.
(2)
Minimum standards for point and nonpoint source discharges.
The following point and nonpoint source discharges may be developed
or operated in the Pinelands Area:
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections D(2)(b) through (f) below, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
[1]
There will be no direct discharge into any surface
water body;
[2]
All discharges from the facility or use are
of a quality and quantity such that groundwater exiting from the parcel
of land or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen;
[3]
All public wastewater treatment facilities are
designed to accept and treat septage; and
[4]
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
(b)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection D(2)(a)[2] above, provided that:
[1]
There will be no direct discharge into any surface
water body;
[2]
The facility is designed only to accommodate
wastewater from existing residential, commercial and industrial development;
[3]
Adherence to Subsection D(2)(a)[2] 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
[Amended 8-20-1997 by Ord. No. 349-97]
[4]
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 groundwater exiting from
the parcel or entering a surface body of water exceed five parts
per million nitrate/nitrogen.
[Amended 8-20-1997 by Ord. No. 349-97]
(c)
Improvements to existing commercial, industrial
and wastewater treatment facilities which discharge directly into
surface waters, provided that:
[1]
There is no practical alternative available that would adhere to the standards of Subsection D(2)(a)[1];
[Amended 8-20-1997 by Ord. No. 349-97]
[2]
There is no increase in the existing approved
capacity of the facility; and
[3]
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 water immediately
upstream of the discharge point exceed two parts per million, the
discharge shall not exceed two parts per million nitrate/nitrogen.
(d)
Individual on-site septic wastewater treatment
systems which are not intended to reduce the level of nitrate/nitrogen
in the wastewater, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
[1]
The proposed development to be served by the
system is otherwise permitted pursuant to the provisions of this chapter;
[2]
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 groundwater 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 Subsection D(3) 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 § 155-153 or N.J.A.C. 7:50-5.47;
[3]
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;
[4]
The depth to seasonal high water table is at
least five feet;
[5]
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;
[6]
The system will be maintained and inspected in accordance with the requirements of § 155-57D(3);
[7]
The technology has been approved for use by
the New Jersey Department of Environmental Protection; and
[8]
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 N.J.A.C. 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.
(e)
Individual on-site septic wastewater treatment
systems which are intended to reduce the level of nitrate/nitrogen
in the wastewater, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
[1]
The standards set forth in Subsection D(2)(d)[1] through [8] above are met;
[2]
If the proposed development is nonresidential and located outside
of the PVC and PVR zones, the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met.
[Amended 6-20-2018 by Ord. No. 563-2018]
[3]
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 groundwater 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 Subsection D(3) below and the assumptions and requirements set forth in N.J.A.C. 7:506.84(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 § 155-153 and N.J.A.C. 7:50-5.47.
(f)
Surface water runoff, provided that:
[Added 8-20-1997 by Ord. No. 349-97]
[1]
The total runoff generated from any net increase
in impervious surfaces by a 10-year storm of a 24-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 NRCS National Engineering Handbook, section
4;
[2]
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 NRCS National
Engineering Handbook, section 4;
[3]
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;
[4]
Excessively and somewhat excessively drained
soils, as defined by the Natural Resources Conservation Service, should
be avoided for recharge of runoff wherever practical;
[5]
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
[6]
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.
(g)
Alternate design pilot program treatment systems,
provided that:
[Added 6-4-2003 by Ord. No. 403-2003[1]]
[1]
The proposed development to be served by the
system is residential, located on a lot less than 3.2 acres in size,
and is otherwise permitted pursuant to the provisions of this chapter;
[2]
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 groundwater 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 Subsection D(2)(g)[3] 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 § 155-153 or N.J.A.C. 7:50-5.47;
[3]
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 proposes, 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;
[4]
The depth to seasonal high-water table is at
least five feet;
[5]
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;
[6]
No more than 10 alternate design pilot program
treatment systems utilizing the same technology shall be installed
in the development of any parcel if those systems are each serving
one single-family dwelling;
[7]
Each system shall be equipped with automatic-dialing
capability to the manufacturer, or its agent, in the event of a mechanical
malfunction;
[8]
Each system shall be designed and constructed
so that samples of effluent leaving the alternate design pilot program
septic system can be readily taken to confirm the performance of the
technology;
[9]
The manufacturer or its agent shall provide
to each owner an operation and maintenance manual approved pursuant
to N.J.A.C. 7:50-10.22(a)2iv;
[10]
Each system shall be covered by a five-year warranty
and a minimum five-year maintenance contract consistent with those
approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled
and is renewable and which includes a provision requiring that time
manufacturer or its agent inspect the system at least once a year
and undertake any maintenance or repairs determined to be necessary
during any such inspection or as a result of observations made at
any other time; and
[Amended 6-20-2018 by Ord. No. 563-2018]
[11]
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection D(2)(g)[9] above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 6-20-2018 by Ord. No. 563-2018][2]
[2]
Editor's Note: Former Subsection D(2)(g)[12], which provided
that no alternate design pilot program system would be installed after
8-5-2007, and which immediately followed this subsection, was repealed
6-20-2018 by Ord. No. 563-2018.
[1]
Editor's Note: This ordinance also provided
that "nothing in this [ordinance] shall apply to development on lots
larger than 3.2 acres in size."
(3)
Individual wastewater treatment facility and petroleum
tank maintenance.
(a)
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 Section 201 of the Clean Water Act:
[1]
Have the facility inspected by a technician
at least once every three years;
[2]
Have the facility cleaned at least once every
three years;
[3]
Once every three years submit to the Board of
Health serving Weymouth Township a sworn statement that the facility
has been inspected, cleaned and is functional, setting forth the name
of the person who performed the inspection and cleaning and the date
of such inspection.
(4)
Interbasin transfer. Interbasin transfer of water
between watersheds shall be avoided to the maximum extent practical.
In areas served by central sewers, water-saving devices such as water-saving
toilets, showers and sink faucets shall be installed in all new development.
(5)
Prohibited chemicals and materials.
(b)
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.
(c)
No persons 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.
(d)
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.
[Amended 8-20-1997 by Ord. No. 349-97]
E.
Scenic.
(1)
Scenic corridors. Except for those roads which provide
for internal circulation within residentially developed areas, all
public, paved roads in the PFA-25, PFA-20, and PFA-10 zones shall
be considered scenic corridors. In addition, the Tuckahoe River is
designated a special scenic corridor.
(2)
Special requirements for scenic corridors.
(a)
Except as otherwise provided in this subsection,
no permit shall be issued for development on a scenic corridor other
than for roadside food markets unless the applicant demonstrates that
all buildings are set back at least 200 feet from the center line
of the corridor.
(b)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection B, Vegetation, above to provide screening from the corridor.
(c)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Subsection B, Vegetation, above so as to provide screening between the building and the corridor.
(d)
All structures within 1,000 feet of the center
line of a special scenic corridor shall be designed to avoid visual
impacts as viewed from the corridor.
(e)
The requirements of Subsection E(2)(a) through (c) above shall not apply to residential cluster developments within the FA Zone which comply with the standards of § 155-157A(1).
[Added 4-4-2012 by Ord. No. 503-2012]
(3)
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.
(4)
Location of utilities.
(a)
New utility distribution lines and telephone
lines to locations not presently served by utilities shall be placed
underground in accordance with regulations and tariffs of the New
Jersey Board of Public Utilities, except for those lines which are
located on or adjacent to active agricultural operations.
(b)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with Subsection B, Vegetation, above.
(c)
All electric transmission lines shall be located
on existing towers or underground to the maximum extent practical.
F.
Fire management.
(1)
The following vegetation classifications shall be
used in determining the fire hazard of a parcel of land:
|
Hazard
|
Vegetation Type
| |
|---|---|---|
|
Low
|
Atlantic white cedar hardwood swamps
| |
|
Moderate
|
Non-pine Barrens forest prescribed burned areas
| |
|
High
|
Pine Barrens forest, including mature forms
of pine, pine-oak and oak-pine
| |
|
Extreme
|
Immature or dwarf forms of pine-oak, or oak-pine,
all classes of pine-scrub oak and pine-lowland
|
(2)
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 Subsection F(1) above unless such development complies with the following standards:
(a)
All proposed developments, or units or sections
thereof, of 25 units or more will have two accessways of a width and
surface composition sufficient to accommodate and support fire-fighting
equipment;
(b)
All dead-end roads will terminate in a manner
which provides safe and efficient entry and exit for fire-fighting
equipment;
(c)
The rights-of-way of all roads will be maintained
so that they provide an effective fire break;
(d)
(e)
All structures will meet the following specifications:
[1]
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rage felt roofing, tile, slate, asbestos
cement shingles, sheet iron, aluminum, brick. Fire-retardant-treated
wood shingles or shake-type roofs are prohibited in high or extreme
fire hazards areas;
[2]
All projections such as balconies, decks and
roof gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals;
[3]
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets;
[4]
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
G.
Recreation. All proposed development within the Pinelands
Area shall conform to the following requirements:
(1)
No motor vehicle other than fire, police or emergency
vehicles or those vehicles used for the administration or maintenance
of any public land shall be operated upon publicly owned land within
the Pinelands Area. Other motor vehicles may operate on public lands
for recreational purposes, on public highways and areas on land designated
prior to August 8, 1980, for such use by the State of New Jersey until
designated as inappropriate for such use by the Pinelands Commission.
(2)
All recreational areas and facilities shall be designed
in accordance with the New Jersey Department of Environmental Protection
and Energy publication "Administration Guidelines: Barrier-Free Design
Standards for Parks and Recreational Facilities."
(3)
Improved bicycling facilities shall be provided only
in conjunction with paved roads.
H.
Historic resource preservation.
(1)
If at any time after construction has commenced, archaeological
data is discovered on a site, 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 Recovery of Scientific, Prehistoric,
Historic and Archaeological Data: Procedures for Notifications, Reporting
and Data Recovery (36 CFR Part 66).
(2)
The Planning Board shall have the following powers
and duties:
(a)
To initiate, hear, review and make recommendations
to the Pinelands Commission regarding designation of historic resources
of local, Pinelands, national or state significance in accordance
with the provisions of N.J.A.C. 7:50-6.154.
(b)
To initiate, hear, review and identify historic, resources and districts of local, Pinelands, national or state significance and recommend historic resources which are determined to be significant pursuant to Subsection H(7) below to the Township Committee for designation in the land use and development regulations in accordance with the provisions of N.J.A.C. 7:50-6.154, the Municipal Land Use Law and N.J.S.A. 40:55D-1 et seq.
(c)
To review and issue certificates of appropriateness
in accordance with the provisions of N.J.A.C. 7:50-6.155 and 7:50-6.156
for any application for development which is otherwise empower to
review.
(d)
To review and report on any matter related to
this subsection referred to it by the Pineland Commission.
(e)
To make its general knowledge and expertise
available upon reasonable written request to the Pinelands Commission
or any agency of the municipality, county, state or federal government.
(f)
To consult with any county, state or national
agency with special expertise in the area of historic resources.
(g)
To develop and maintain a manual of recommended
rehabilitation techniques and the relationship of new construction
to natural areas for the guidance of the public.
(h)
To adopt rules of procedure which are not in
conflict with the Pinelands Comprehensive Management Plan, N.J.A.C.
7:50-6.151 through 7:50-6.158, and N.J.S.A. 40:55D-1 et seq.
(i)
To prepare and adopt plans and implementing
measures to preserve the cultural heritage of traditional Pinelands
villages.
(3)
The Planning Board shall issue certificates of appropriateness
for those applications for development which it is otherwise empowered
to review.
[Amended 12-2-2015 by Ord. No. 543-2015]
(4)
Certificates of appropriateness shall be required
for the following:
(a)
Construction, encroachment upon, alteration,
remodeling, removal, disturbance or demolition of any resource designated
by the Pinelands Commission or the Township Committee pursuant to
N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible;
and
(5)
A cultural resource survey shall accompany all applications
for major subdivision and site plan approval 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 project's 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.
[Amended 8-20-1997 by Ord. No. 349-97]
(6)
This requirement for a survey may be waived by the
local approval agency if:
(a)
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)
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
(7)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(8)
An application for a certificate of appropriateness
shall contain the following information:
(a)
Detailed plans depicting the exact work to be
performed, including detailed renderings of the exterior of any proposed
new structure of any exterior alterations to existing structures.
A delineation of the relationship to adjacent structures or surrounding
lands may be requested.
(b)
A statement of the relationship of the work
to the standards for designation in N.J.A.C. 7:50-6.154(b) and the
standards for approval of certificates of appropriateness in N.J.A.C.
7:50-6.156(c).
(c)
Such other information as may be required from
time to time by the Pinelands Commission or the Planning Board.
(9)
The standards governing the issuance certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
(10)
The effect of the issuance of a certificate
of appropriateness is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection H(10)(b) below.
(b)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection H(5) 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 section 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.
[Amended 8-20-1997 by Ord. No. 349-97]
(11)
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)
A narrative description of the resource and
its cultural environment;
(b)
Photographic documentation to record the exterior
appearance of building, structures and engineering resources;
(c)
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources; and
(d)
A New Jersey State Inventory Form as published
by the New Jersey Department of Environmental Protection and Energy
for buildings and a narrative description of any process or technology
if necessary to elaborate upon the photographic record.
I.
Energy conservation. All development shall be carried
out in a manner which promotes energy conservation. Such measures
may include southern orientation of buildings, landscaping to permit
solar access and the use of energy conserving building materials.
J.
Recommended management practices for agriculture.
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 Experimental Station at Rutgers University.
K.
Forestry.
[Added 8-20-1997 by Ord. No. 349-97]
(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:
(a)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(b)
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;
(c)
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;
(d)
Forest stand improvement designated to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year; and
(e)
Prescribed burning and the clearing and maintaining
of fire breaks.
(2)
Forestry application requirements. The information in Subsection K(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 4-4-2012 by Ord. No. 503-2012]
(a)
For forestry activities on a parcel of land enrolled in the
New Jersey Forest Stewardship Program, a copy of the approved New
Jersey Forest Stewardship Plan. This document shall serve as evidence
of the completion of an application with the Pinelands Commission,
as well as evidence that the activities are consistent with the standards
of the Comprehensive Management Plan. No certificate of filing from
the Pinelands Commission shall be required.
(b)
For all other forestry applications:
[1]
The applicant's name and address and his interest in the subject
parcel;
[2]
The owner's name and address, if different from the applicant's
and the owner's signed consent to the filing of the application;
[3]
The description, including block and lot designation and street
address, if any, of the subject parcel;
[4]
A description of all existing uses of the subject parcel;
[5]
A brief written statement generally describing the proposed
forestry operation.
[6]
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.
[7]
A forestry management plan that includes, as appropriate:
[a]
A cover page for the plan containing:
[i]
The name, mailing address and telephone number
of the owner of the subject parcel;
[ii]
The municipality and county in which the subject
parcel is located;
[iii]
The block and lot designation and street address,
if any, of the subject parcel;
[iv]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[v]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover.
[b]
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;
[c]
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:
[i]
The number of acres;
[ii]
The general condition and quality of each stand;
[iii]
The overall site quality, relative to the management
goals and objectives identified in Subsection K(2)(b)[7][b] above.
[iv]
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;
[v]
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.
[xv]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast heights; and number of trees per acre.
[d]
A map of the entire parcel which includes the following:
[i]
The owner's name, address and the date the map
was prepared;
[ii]
An arrow designating the north direction;
[iii]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[iv]
The location of all property lines;
[v]
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.
[8]
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 §§ 155-57B(5) and 155-57C;
[9]
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 § 155-57H;
[10]
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection K(3)(i)[2] below;
[11]
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;
[12]
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 Subsection K(3) below;
[13]
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
[Amended 4-4-2012 by Ord. No. 503-2012]
(a)
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;
(b)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolute necessary to harvest
wetlands species or to otherwise gain access to a harvesting site;
(c)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
[1]
Clear-cutting cedar and managing slash;
[2]
Controlling competition by other plant species;
[3]
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
[4]
Utilizing existing streams as cutting boundaries, where practical;
[5]
Harvesting during dry periods or when the ground is frozen;
and
[6]
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(d)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 155-57B(5) and 155-57C. 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;
(e)
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;
(f)
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 § 155-57H;
(g)
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;
(h)
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:
(i)
The following standards shall apply to silvicultural practices
for site preparation, either before or after harvesting:
[1]
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;
[2]
Herbicide treatments shall be permitted, provided that:
[a]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection K(2)(b)[10] above;
[b]
Control of competitive plant species is clearly
necessary;
[c]
Control of competitive plant species by other,
nonchemical means is not practical;
[d]
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
[e]
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 re-sprouting
outside those areas subject to the herbicide treatment;
[3]
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands Native Forest Types;
[4]
Disking shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native
Forest Types;
[b]
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:
[i]
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
[ii]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
[c]
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
[d]
It shall follow land contours when slopes are discernible.
[5]
Root raking shall be permitted, provided that:
[a]
It shall not be permitted in Pine-Shrub Oak Native
Forest Types of Pine Plains Native Forest Types;
[b]
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
[c]
Root raking debris shall not be piled in wetlands.
[6]
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands Native Forest Types;
and
[7]
Drum chopping shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native
Forest Types except to create road shoulder fuel breaks, which shall
be limited to 25 feet in width, or to create scattered early successional
habitats under two acres in size;
[b]
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
[c]
It shall adhere to the following procedures:
[i]
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
[ii]
Drums shall remain unfilled when used during the
dormant season;
[iii]
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;
[iv]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[v]
Avoid short-radius, one-hundred-eighty-degree turns
at the end of each straight pass.
(j)
The following standards shall apply to silvicultural practices
for harvesting:
[1]
Clear-cutting shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native
Forest Types;
[b]
It shall be limited to 300 acres of 5% of a parcel,
whichever is greater, during any permit period;
[c]
A fifty-foot wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any clear-cut
and the parcel boundaries;
[d]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger clear-cut from other twenty-five-acre or
larger clear-cuts, 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;
[e]
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
[f]
The area of the parcel subject to the clear cut
shall have contoured edges unless the boundary of the clear cut serves
as a firebreak, in which case straight edges may be used;
[2]
Coppicing shall be permitted in all Pinelands Native Forest
Types, provided that:
[a]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any period;
[b]
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;
[c]
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 clear-cuts, 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;
[d]
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
[e]
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.
[3]
Seed tree cutting shall be permitted in all Pinelands Native
Forest Types, provided that:
[a]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[b]
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;
[c]
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 clear-cuts, 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;
[d]
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;
[e]
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;
[f]
Dominant residual seed trees shall be retained
at a distribution of at least seven trees per acre; and
[g]
Residual seed trees shall be distributed evenly
throughout the parcel.
[4]
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands Native Forest Types.
(k)
The following standards shall apply to silvicultural practices
for forest regeneration:
[1]
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 K(3)(k)[2] below; and
[2]
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[a]
The use of nonnative cuttings, seedlings or seeds
shall not be permitted;
[b]
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;
[c]
Cuttings, seedlings or seeds shall be collected
and utilized so as to ensure genetic diversity; and
[d]
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.
(l)
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.
(m)
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.
(n)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
(4)
Forestry permit procedures.
(a)
Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $25.
(b)
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.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection K(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection K(3) above or disapprove any application which does not meet the requirements of Subsection K(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection K(4)(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection K(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection K(4)(c) above.
(e)
Failure of the Zoning Officer to act within the time period prescribed in Subsection K(4)(c) and (d) 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.
(g)
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.
(5)
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection K(4)(c) 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.
(6)
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
[Amended 6-19-1996 by Ord. No. 344-96]
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the Township which they own, use, occupy or have maintenance responsibility for in accordance with the standards and procedures of Chapter 106, Certificates of Occupancy. In addition to requirements promulgated therein, the following maintenance requirements shall be applicable:
A.
Maintenance of nonresidential uses within the Township
shall include but is not limited to the following:
(1)
Potholes and other pavement failures within paved
parking areas shall be repaired on a regular basis, but in no event
shall potholes or pavement failures be left unrepaired for a period
in excess of 30 days. If such potholes or pavement failures are hazardous
to vehicles, they shall be appropriately barricaded and marked to
warn motorists.
(2)
Paint striping, traffic control signs and markings
and all other signs and graphics shall be maintained in a condition
whereby they can be clearly seen and are legible.
(3)
Curbing, other pavement edging and sidewalks shall
be maintained free of cracks and holes which would present a hazard
to pedestrians.
(4)
Unpaved or gravel parking and pedestrian areas shall
be maintained and regularly regraded in a manner which will keep the
area free of holes and other severe grade changes which would be hazardous
to vehicular and pedestrian usage.
(5)
All areas of the site shall be kept free of debris
and other materials. All users of shopping carts or similar items
shall provide for the regular pickup of such shopping carts or similar
items from parking areas and other portions of the site at least once
every hour during their business hours. All shopping carts or similar
items shall either be stored indoors or in a location adjacent to
the building specifically set aside for such storage during nonbusiness
hours.
(6)
All plantings and ground cover shall be regularly
watered and cut. All dead plant materials shall be removed or replaced
(if such plantings are required under this article, they shall be
replaced only). All lawn or other nonpaved areas shall be kept trimmed
and free from weeds and other noxious growth.
(7)
Building finishes shall be maintained reasonably free
of peeling or cracked paint, rust or other unsightly conditions.
(8)
All refuse stored outdoors shall be kept within containers
having lids, in a manner that the refuse is not visible to pedestrians
or persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
(9)
All outdoor lighting shall be maintained in a working
condition.
B.
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly conditions. In addition to the maintenance responsibilities specified in § 155-57A above, additional maintenance responsibilities shall include but are not limited to the following:
(1)
All ground cover and plantings within screening and
landscaping areas shown on an approved site plan or subdivision shall
be regularly maintained. When plant material shown on an approved
site plan or subdivision dies, it shall be replaced within the first
30 days of the next planting season.
(2)
Where a site plan specifies an outdoor refuse storage
area, refuse shall only be stored outdoors in such areas. Refuse containers
located elsewhere on the site shall not be permitted.
[Amended 9-6-2006 by Ord. No. 447-2006]
A.
The keeping of pigs or other commercially raised farm livestock is
prohibited except within a lot containing 5.0 acres or more and except
within an enclosure located at least 50 feet from each lot line, provided
no property owner shall have more than two pigs of more than six months
of age, on a lot.
B.
The keeping of all other farm livestock as pets or for food for personal use is prohibited except within a lot containing two acres or more, and except within an enclosure located at least 10 feet from each lot line. Furthermore, notwithstanding the requirements outlined in § 155-98, fences that are erected for the purposes of containing farm livestock shall be permitted, provided said fences are not located within the first 10 feet of any front yard or between the front lot line and the principal structure, whichever is less, or within 10 feet of any river, stream or other body of water; and provided further, that said fence shall be of sufficient height to adequately contain the farm livestock to prevent them from passing through or over the fence; and to ensure that the farm livestock pose no threat to any person or property of adjacent landowners.
[Added 3-17-1993 by Ord. No. 328-93]
A.
Pinelands development credits may be allocated to
certain properties in the Township by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.61 et seq.
B.
Pinelands development credits may be used in the Township
in the following circumstances:
(1)
When a variance for cultural housing is granted by the Township in accordance with § 155-157 of this chapter;
(2)
When a variance of density or minimum lot area requirements
for a residential or principal nonresidential use in the PVR or PVC
Zones is granted by the Township, Pinelands Development Credits shall
be used for all dwelling units or lots in excess of that permitted
without the variance; and
[Amended 8-20-1997 by Ord. No. 349-97]
(3)
When a waiver of strict compliance is granted by the
Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
C.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall
apply when Pinelands Development Credits are either allocated or used
in the Township.
[Added 12-5-2001 by Ord. No. 389-2001]
A.
Statement of purpose. The large minimum lot size requirement
in PFA-10, PFA-20 and PFA-25 Zones in conjunction with the limited
ownership of contiguous lots and the New Jersey Pinelands Comprehensive
Management Plan limiting the number of total new dwelling and nonresidential
development units in the Pinelands Area of the Township has led to
the creation of the Weymouth Township Homestead Exchange Program.
The exchange program is designed to permit an equitable distribution
of the allowable development units while ensuring flexibility for
property owners to sell and/or purchase parcels which contain less
than the minimum required lot area or which may be unsuitable for
development.
B.
The Weymouth Township Homestead Exchange Program may be permitted in the zones specified in Article X, Zoning District Regulations, provided that the use shall adhere to the minimum standards of the particular zone and the following:
(1)
To satisfy the minimum lot size requirements
for development, a property owner may acquire noncontiguous land;
provided, however, that the minimum lot size for a developable lot
must be one acre.
[Amended 6-4-2008 by Ord. No. 472-2008; 10-15-2008 by Ord. No.
474-2008]
(2)
The acquired noncontiguous land may or may not
be developable in accordance with the Pinelands Commission or New
Jersey Department of Environmental Protection regulations for on-site
septic suitability.
(3)
The acquired noncontiguous land, if within the
same PFA Zone as the lot to be developed, must total with the developable
lot to the minimum lot size requirement of that PFA Zone. If the acquired
land lies in a different PFA Zone from the lot to be developed, the
acquired acreage must equal the percentage that is needed to complete
the minimum lot requirements in the zone where development will occur
when applied to minimum lot requirements of the PFA Zone in which
the acquired noncontiguous land lies. See chart below for examples.
|
Minimum Nonbuildable Lot Area Required
| |||||
|---|---|---|---|---|---|
|
Pinelands Forest Area Zone
|
Minimum Buildable Lot Area
(acres)
|
Buildable Plus Nonbuildable Factor
|
PFA-10
(acres)
|
PFA-20
(acres)
|
PFA-25
(acres)
|
|
PFA-10
|
1
|
10% + 90%
|
9.0
|
18.0
|
22.5
|
|
PFA-20
|
1
|
5% + 95%
|
9.5
|
19.0
|
23.75
|
|
PFA-25
|
1
|
4% + 96%
|
9.6
|
19.2
|
24.0
|
(4)
Deed restriction. All noncontiguous lands utilized pursuant to this section shall be permanently protected through recordation of a deed of restriction. Such 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 use or activities are approved and conducted in accordance with the requirements of Chapter 155. Such 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 Attorney, the Zoning Officer and the Pinelands Commission.
[Amended 4-4-2012 by Ord. No. 503-2012]
(5)
Tax assessments for the noncontiguous land will
be combined and assigned to the land to be developed with a nominal
value assigned to the land not to be developed.
(6)
The Weymouth Township Homestead Exchange Program
is applicable within the Pinelands Village Residential (PVR) Zone
with the following requirements:
