Township of Pemberton, NJ General Regulations

Temporary accessory uses include portable home storage units and sea boxes.

The maximum period of time for a temporary accessory use to occupy a parcel of land shall be 90 days. An extension for an additional 90 days may be requested through application to the Zoning Officer. The total period of time for a temporary accessory use to continuously occupy a parcel of land shall not exceed 180 days. The minimum period of time for a parcel of land to be devoid of a temporary accessory use shall be 180 days.

No more than one temporary accessory use shall be permitted on a parcel of land at one time.

Temporary accessory uses shall be located within the side or rear yards of the parcel of land. The location of temporary accessory uses shall comply with the side and rear yard setbacks and the setbacks between accessory uses and a principal building and another accessory use required by the zoning district in which the parcel of land is located. Temporary accessory uses shall be prohibited in the front yard, except as provided below.

A portable home storage unit, which excludes a sea box, may be located within the front yard provided it meets the following requirements:

The portable home storage unit located within the front yard of the parcel of land shall be set back at least 10 feet to the street line, and shall not obstruct the site distance for vehicles entering and exiting the driveway on the parcel of land.

For a portable home storage unit located in an open area other than a driveway in the front yard, its location shall comply with the side yard setback for a principal building required by the zoning district in which the parcel of land is located.

For a portable home storage unit located in a driveway in the front yard, its location shall not reduce the amount of off-street parking so as to violate the number of off-street parking spaces required by the zoning district in which the parcel of land is located.

An application for locating a temporary accessory use on a parcel of land shall be made to the Zoning Officer pursuant to Article IX, and a fee for submitting and reviewing a temporary accessory use shall be made pursuant to Article VIII.

§ 190-30.1 Airport Safety Zone.

[Added 5-1-1997 by Ord. No. 3-1997]

The following standards are hereby established for the Airport Safety Zone:

Minimum obstruction standards.

Minimum obstruction ordinance standards establish the vertical limit to which structures or trees may be allowed to be developed or grow within an Airport Safety Zone.

Minimum obstruction ordinance standards are vertical standards measured in respect to elevations whose datum is the horizontal plane established by runway elevations. For example, if a point in an Airport Safety Zone permits, at a specific point, development up to "X" feet, that means "X" feet above the runway horizontal plan and not "X" feet above the natural grade of the land at that point in the Airport Safety Area (see Fig. 2).[1]

Editor's Note: Figure 2 is available at the office of the Township Clerk.

The vertical standards within the runway subzone of an Airport Safety Zone are determined first by establishing the elevations at the runway center lines at the ends of the runway subzone of the Airport Safety Zone. From those elevations at the runway subzone ends, a line is run 90° outward from each side of the runway center line for a distance of 125 feet. Within the area defined by those four points, no development is allowed above the natural grade of the soil except for runway and flight safety equipment. The vertical standards within the remainder of the runway subzone of an Airport Safety Zone are determined by establishing plans from the edges of the longitudinal zero-foot development restriction line established in N.J.A.C. 16:62-4.2(c) which slope upward and outward at a rate of seven feet horizontally to one foot vertically. This upward plan ceases when it reaches the outer longitudinal borders of the Runway Subzone of any Airport Safety Zone at the elevation of 150 feet above its starting point at the longitudinal zero-foot development line (see Fig. 3).[2]

Editor's Note: Figure 3 is available at the office of the Township Clerk.

The vertical standards within the runway end subzone of an Airport Safety Zone are determined by first establishing a plane with a rising slope of one foot upward to 20 feet outward from the end of the runway subzone to the outermost end of the runway end subzone. This plane is bisected by the extended runway center line and is 250 feet in total width at its innermost dimension and widens uniformly along its three-thousand-foot length so as to have a total width of 850 feet at its outermost dimension where it intersects with the outmost portion of runway end subzone at the elevation of 150 feet above its starting point at the zero-foot development line.

The vertical standards within the remainder of the runway end subzone of an Airport Safety Zone are determined by establishing sloping planes from the outmost longitudinal edges of the plan established in Subsection A(4) above. These planes rise upward at a rate of one foot upward to seven feet outward from the plane established in Subsection A(4) above to where they meet the outermost longitudinal boundaries of the runway end subzone at the elevation of 150 feet (see Fig. 4).[3]

Editor's Note: Figure 4 is available at the office of the Township Clerk.

Permitted land uses within the Airport Safety Zone overlay. Only the following land uses are permitted within the Airport Safety Zone overlay:

Residential single-family dwelling units situated on lots of at least six acres, or clustered developments where the density does not exceed one unit per six acres, and the minimum lot area is at least three acres, provided that all dwellings are physically located outside of the clear zone.

Open space.

In the underlying AR Agricultural Residential Zone, permitted uses as provided in § 190-12, if not expressly prohibited under Subsection C below.

Airport.

In the underlying PI Planned Industrial Zone, permitted uses as provided in § 190-26, if not otherwise expressly prohibited under Subsection C below.

If any planned industrial uses are situated in the Airport Safety Zone overlay, then the less stringent standards (e.g., those more favorable to the property owner) available under state regulations shall apply for purpose of minimum acreage requirements.

Prohibited land uses within the Airport Safety Zone overlay shall be as follows:

Residential dwelling units not situated on a lot of at least six acres in size.

Planned unit developments and multifamily dwellings.

Hospitals.

Schools.

Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.

Within the runway end subzones only, the aboveground bulk storage of flammable or toxic gases and liquids.

Uses that may attract massing birds, including landfills; except where the same arises from farm and agricultural uses.

Above grade major utility transmission lines and/or mains.

Variances within Airport Safety Zone overlay. Notwithstanding anything to the contrary contained in this chapter, variance for any use or conditions within the Airport Safety Zone overlay shall be granted except upon issuance of a permit by the Commissioner of Transportation.

§ 190-31 Apartments.

[Amended 8-6-1982 by Ord. No. 16-1982]

Within any district allowing apartments, no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV and until the site plan has been reviewed by the Planning Board:

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design such as varying unit width, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination, for each dwelling unit.

Prior to the Planning Board approval, a certification by the Township Engineer shall be required confirming the adequacy and availability of public water and sanitary sewer facilities to service the proposed development. Prior to the issuance of a certificate of occupancy, all dwelling units shall be connected to approved and functioning public water and sanitary sewer facilities.

The total area devoted to parking shall not exceed 20% of the tract. All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parking along interior streets.

Configuration and coverage.

Apartment buildings may consist of any configuration that meets the prescribed area and yard requirements and does not exceed the following overall or component building lengths. Building coverage shall not exceed 20% of the tract area.

Two hundred feet on one plane.

Three hundred forty feet on any angle.

Five hundred feet along the center line.

Buildings measured along the center line shall provide one opening at ground level at least every 250 feet. This opening shall be a minimum of 15 feet in clear width and height and be at an elevation enabling emergency vehicle access through the opening.

No portion of any dwelling unit shall be a basement.

Each dwelling unit shall have two separate means of egress to the ground, except that any windowsill which is 12 feet or less above the ground level below it shall be considered a separate means of egress.

All buildings shall be Type 2 fire resistive by FHA standards. In addition, each apartment building shall provide fire walls extending through the roof surface by at least six inches in the form of either extensions of the wall through the roof surface or as offsetting roof lines and fire walls shall be constructed as the side walls of every other apartment unit. Fire walls need not extend through the roof surface or as offsetting roof lines between apartments that are back to back. No more than four apartments in total on any floor shall be designed within said fire walls extending either through the roof surface or as offsetting roof lines. All side walls located between the fire walls that extend through the roof surface or as offsetting roof lines shall extending up to the roof sheathing with a solid ridge line.

In addition to any storage area contained inside individual dwelling units, there shall be provided for each dwelling unit 200 cubic feet of storage area in a convenient, centrally located area in the basement or ground floor of the dwelling structure where personal belongings and effects may be stored without constituting a fire hazard and where the said belongings and effects may be kept locked and separated from the belongings of other occupants. There shall be a further minimum common storage area in each building of 50 cubic feet per dwelling unit, located conveniently to the outside ground level, for bicycles, perambulators and similar types of equipment.

No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of occupants of each building. Such areas shall be adequately soundproofed.

Each apartment building shall contain a single master television antenna system which shall serve all dwelling units within the building.

All streets, both internal and external (including grading and paving), driveways, parking areas, sidewalks, curbs, gutters, streetlighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, drainage structures and such other improvements as may be found to be necessary in the public interest, including recreation facilities, shall be installed at the expense of the developer and shall be completed to the satisfaction of the Planning Board before a certificate of occupancy may be issued. In lieu of total completion of above, an adequate performance bond properly guaranteeing the completion may be accepted. Such bond value will be set at the time of posting and will be held by the Clerk of Pemberton Township after approval by the Township Solicitor as to form and surety.

At least one building superintendent shall be provided and employed by the owner, and he shall reside on the premises.

§ 190-32 Building permits and site plan approvals outstanding.

Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit or site plan approval has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days after the enactment of this chapter and shall be continually and diligently pursued to completion; otherwise said permit shall be void.

§ 190-32.1 Child-care centers.

[Added 9-6-1990 by Ord. No. 18-1990[1]]

A child-care center shall be a permitted principal or accessory use in all nonresidential zones within the Township of Pemberton. The following standards shall apply to this use when proposed in the TC, GCLI, MI, PI, M, HD and GI Districts:

All portions of any child-care center to be used by children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below grade at the location from which egress is provided to the street.

A minimum of 1,000 square feet, plus 50 square feet per child of outdoor space, adjacent to the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways. The per-child outdoor area requirement shall be calculated utilizing the licensed capacity authorized.

The hours of operation shall be limited to twelve-hour periods.

Child-care centers shall provide one parking space per employee, plus one additional parking space for every five children. Adequate space shall be provided for the loading and unloading of children which shall take place on-site and not in a public right-of-way.

The internal pedestrian circulation pattern shall be adequate to assure the safe movement of children and parents into and out of the child-care facility. Design features to be incorporated include the use of sidewalks and pedestrian crosswalks to connect the parking area with the child-care center facility.

Parking areas and pedestrian walkways shall be illuminated to provide safe entrance and egress from the center for both pedestrian and automobile traffic.

Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located. The location of any child-care center shall be appropriately situated in relation to the use or area it is intended to serve. No child-care center shall be permitted to be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children.

Where a child-care center is provided as an accessory use to a principal use located on the same lot, the gross floor area devoted to the child-care center shall be excluded from calculating the parking and lot coverage requirements for the zone.

Where a child-care center is provided as a principal use, the area and yard requirements shall apply as noted in the applicable district standards.

Adequate landscape screening may include the use of earth berms, evergreen plantings and landscape plantings and solid fencing used individually or in combination so as to visually separate the child-care center lot from the adjoining parcels. Each child-care center shall provide landscaped buffers adjacent to any side or rear lot line equal to at least 10% of the lot width.

Any child-care center shall comply with all state standards, and any local approval shall be conditioned upon receipt of a state license.

All other applicable requirements of this chapter shall apply, except where the Planning Board determines that such requirements are not appropriate for child-care centers.

Editor's Note: This ordinance also provided as follows: Licensing requirement. In addition to the licensing procedures promulgated by the State of New Jersey, Department of Human Services, for the obtainment of a license for a child-care center pursuant to N.J.S.A. 30:5B-1 et seq., any applicant appearing before a land use board within the Township of Pemberton shall also submit to a criminal investigation background check/report to be undertaken by the local Police Department. An application for site plan approval for a child-care center under this ordinance shall not be deemed complete until said background check/report has been obtained by the Township of Pemberton. Except to the extent that this background check is required to constitute a complete application, this section of the ordinance shall not be deemed a land use ordinance, but instead shall be deemed an ordinance adopted pursuant to the local police power of the municipality, intended to advance the health, morals, safety and welfare of the residents of the Township of Pemberton.

§ 190-33 Existing uses.

Except as specified in § 190-37 of this chapter, any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located.

§ 190-34 Fences, walls and sight triangles.

[Amended 5-30-1979 by Ord. No. 8-1979; 5-6-1983 by Ord. No. 7-1983; 8-17-1984 by Ord. No. 14-1984; 11-7-1986 by Ord. No. 26-1986; 12-15-1994 by Ord. No. 8-1994; 2-16-1995 by Ord. No. 1-1995; 9-21-1995 by Ord. No. 16-1995; 10-2-1997 by Res. No. 200-1997; 10-19-2011 by Ord. No. 19-2011;[1] 9-16-2020 by Ord. No. 14-2020]

Fences, walls, hedges and similar plantings or structures shall be permitted in any yard, along lot lines or the edge of any yard, in accordance with the provisions of this section.

Location and height.

Single-family residential districts.

Fences and walls shall not exceed six feet in height from grade in any side or rear yard.

Fences and walls shall not exceed four feet in height from grade in the front yard. For the purpose of this section, the front yard shall be the distance from the street right-of-way to either:

The nearest point of any principal building, but not less than 10 feet; or

A minimum of 25 feet, except where the required building setback is greater than 25 feet or the setback from the existing building that exceeds 25 feet.

Corner lots.

Fences, walls, and hedges within corner visibility areas shall not occupy sight triangles pursuant to Subsection J below unless otherwise provided in this chapter.

Through lots. A lot with frontage on two or more nonintersecting streets shall comply with Subsection A(1)(a), (b) and (c) above. A gate providing access through a fence or wall erected along every street frontage shall be provided, which shall be at least eight feet in width and may be locked.

A fence or wall may be erected on all or a portion of a vacant parcel in a single-family residential district in accordance with the provisions of this section only when such vacant lot is joined in common ownership with an existing developed lot and the fence encloses both the vacant lot, or portion thereof, and the developed lot within one enclosed area. A gate providing access through a fence or wall erected along every street frontage shall be provided, which shall be at least eight feet in width and may be locked.

All other nonresidential districts.

A fence shall not exceed eight feet in height along the side or rear lot lines.

A fence shall not exceed four feet in height along the front yard.

Corner lots.

Fences, walls, and hedges within corner visibility areas shall be further regulated by Subsection J below unless otherwise allowed for in this chapter.

A fence or wall may be erected on a vacant parcel in a nonresidential district in accordance with the requirements of § 190-34A(1)(e) above. A gate providing access through a fence or wall erected along every street frontage shall be provided, which shall be at least eight feet in width and may be locked.

Orientation.

Fence. The finished side of a fence shall face outward from the property with all exposed framework facing the interior of the lot upon which such fence is erected (not including exposed structural posts between fence sections).

Wall. A finished surface shall be provided on the exterior side of all masonry walls; such finishes may include brick, decorative block, or stucco, which shall face outward from the property on which such wall is erected.

Permitted and prohibited fence and wall materials and finishes.

Permitted materials and finishes. Fences and walls may be constructed of one or more of the following materials:

High-quality wood, vinyl, brick, finished masonry, wrought iron, textured or aggregate concrete, or chain link; or

Other similar commercial fence or wall high-quality materials of similar quality and durability that may be approved by the Zoning Officer.

Prohibited materials and finishes. Fences and walls shall not be constructed of any of the following materials:

Corrugated or sheet metal, plywood, salvaged doors, tires, car doors, or any recycled object or material or discarded material or object that is not designed, manufactured and intended or suited for fence or wall construction.

Any object or material that is not approved by the Zoning Officer.

Prohibited fences.

No fence or wall shall be erected within any public right-of-way.

Plain concrete masonry unit (CMU).

Barbed wire metal spikes or any other material deemed hazardous or dangerous by the Zoning Officer.

No fence shall be erected or maintained in such a way as to obstruct the visibility of traffic on public roads or rights-of-way, or entering or exiting driveways, as may be determined by the Zoning Officer in accordance with the provisions of Subsection J below.

Exemptions. Electronic fences (such as those used to contain animals) buried beneath the ground shall not be regulated by this section.

Temporary garden fence. A temporary fence to enclose a garden located in a rear yard shall not be regulated by this section, provided that such temporary fence:

Is installed and removed on a seasonal basis; and

Does not create an unsightly visual impact to neighbors.

Trees, shrubs, flowers or plants shall be permitted in any front, side, or rear yard, in conformance with § 190-34A(1)(c)[1] of this section or as regulated by Subsection J below.

Other structures. Walls, driveways, arbors, curbs, retaining walls, mailboxes, name plates, lamp posts, bird baths, and similar structures shall be permitted in any front, side or rear yard provided that the location and height conform to § 190-34A(1) above for front yard areas and Subsection J below.

Design standards. The following additional standards shall apply to all fences, walls, and hedges in any zoning district:

Fences may be placed up to a lot line. No part of any fence, including foundation, may extend beyond any lot line unless such an encroachment is agreed to, in writing, by the owner of record of property upon which the encroachment is proposed or exists.

If a fence exists along an abutting rear or side property line, not more than one fence may be placed adjacent to it along the property line. Areas between abutting fences must be maintained in accordance with this chapter and other applicable municipal ordinances.

No wire fence such as hardware cloth, chicken wire or other farm wire fencing, or strand or braded wire may be erected in any front yard within a residential district, unless such wire fence is used in conjunction with a post and rail fence for securing or enclosing a retention pond approved by the Planning/Zoning Board. A replacement fence of this type shall be subject to approval by the Zoning Officer.

Exception. A post-and-rail fence may have a black or green vinyl or powder-coated wire mesh attached to it facing the interior of the lot upon which it is erected.

No portion of the fence erected around a swimming pool shall be less than three feet from the nearest point of water. Swimming pools, spas, hot tubs and similar type of accessory uses shall comply with § 190-46 and the New Jersey UCC.

At least one self-latching gate shall be provided.

Browns Mills Town Center Redevelopment Area. A fence or wall erected in the Browns Mills Town Center Redevelopment area shall comply with Section [3.3.8] x.8. of the Browns Mills Town Center Redevelopment Plan (adopted June 1, 2011, as amended).

The use of electric current or charge on any fence or part thereof is prohibited except as permitted in Subsection O below.

Orange plastic fencing, snow fencing, silt fencing, or similar type fencing shall be prohibited in a residential district unless required by the Soil Conservation District or other public agency with jurisdiction during construction of an approved structure. Such fencing shall be removed upon completion of the activity for which such fencing is required.

Sight triangles.

No structure, fence, wall, hedge, planting, tree, object or other obstruction to visibility shall exceed 2 1/2 feet in height from grade within a triangular section of land on that part of a corner lot formed by:

The intersection of two street right-of-way lines and a line connecting them at points 25 feet from the intersection of such street right-of-way lines. At any intersection, no object exceeding 2 1/2 feet in height shall occupy the area formed by a triangle drawn by lines extending a distance of 25 feet along the edge of intersecting street rights-of-way and the distant points of those lines from the intersection.

Fences, hedges, plantings, trees, shrubs or seasonal growth occupying a portion of the required sight triangle shall comply with § 145-14.

Location within property lines and encroachment. All fences, hedges, walls, and/or shrubbery shall be located within existing property lines and shall not be erected, installed or planted off site on neighboring property. No fence or wall shall be installed so as to disturb underground utilities, impede the natural flow of water across land or through any stream, swale, ditch, or other waterway, or encroach upon a public right-of-way or recorded easement. A fence may be erected along a property line; however, a wall erected along a property line shall not encroach upon adjoining property, right-of-way or public land.

Subject to payment of required fees, certain circumstances involving an encroachment into or across an easement, right-of-way, or property boundary may be permitted by the Zoning Officer, when it is clearly demonstrated to the satisfaction of the Zoning Officer that such encroachment shall not defeat or interfere with the purpose of the easement. In such circumstances, the Zoning Officer may require a signed acknowledgment, release or waiver that is signed and notarized by affected parties to be submitted with a fence permit application. In such cases, the signed and notarized acknowledgment, release and waiver shall state that the applicant:

Agrees to remove the fence, hedge, wall, etc., or other encroachment if, in the Zoning Officer's opinion, such improvement is found to defeat or interfere with the easement; and

Holds the Township free of any claim of responsibility and harmless from liability of any damage that may result from the encroachment; and

Shall maintain a minimum clearance of three inches or greater above grade to allow the natural flow of surface water, subject to a further determination by the Township Engineer as to whether additional clearance in excess of three inches above grade may be required.

Review fee. In addition to the fence permit fee and any other review fees required, an applicant for approval of an encroachment into or across an easement, right-of-way or property boundary shall submit the required review fee for the Township Engineer's review and recommendation in the amount of $150.

Safe and sound condition. All fences and walls shall be maintained by the property owner in a safe, sound, sturdy and upright condition and shall make any repairs that may be directed by the Zoning Officer within 30 days of a notice to repair. Failure to make required repairs to maintain a fence or wall in a safe, sound, sturdy and upright condition may result in the issuance of a notice of violation by the Zoning Officer.

Fence permit required. No person shall erect a fence or wall until after obtaining a fence permit from the Zoning Officer and/or Construction Department as required by UCC. There shall be a $25 fence permit review fee which shall be submitted with a fence permit application.

Existing fences and walls at the time of adoption or readoption of this chapter shall be allowed to remain and to be maintained so long as such are in a safe, sound, sturdy and upright condition. No existing fence or wall can be replaced without first obtaining a new fence permit and adhering to the rules set forth in this section.

Agricultural uses and districts. Fences for agriculture, including "Residential Agriculture" use as defined at § 190-5, or for agriculture that qualifies for farmland assessment under N.J.S.A. 54:4-23.1 et seq., shall be designed, located, erected, maintained and of such height and materials in accordance with agricultural management practices adopted by the New Jersey State Agricultural Development Committee (SADC) or approved by the Burlington County Agriculture Development Board (CADB) for the type of agriculture conducted.

Before erecting a fence for livestock, the property owner shall consult with the Township's Zoning Officer to establish the type, design and location of fencing to be erected.

A fence to control wildlife damage to crops or vegetation shall be designed and installed in accordance with agricultural management practices adopted by the SADC or CADB.

The use of electric current or charge on any fence or part thereof shall be permitted so long as such use conforms with agricultural management practices adopted by the SADC or CADB.

Editor's Note: This ordinance was vetoed by the Mayor, and, on 11-2-2011 said veto was overridden by the Township Council.

§ 190-35 Lot grading, drainage, topsoil and clean fill.

[Amended 4-19-2001 by Ord. No. 5-2001; 3-19-2008 by Ord. No. 1-2008]

On all lots being newly developed, whether a single lot construction or part of a larger subdivision, lawn preparation in disturbed areas shall include a surface layer having a minimum depth of six inches comprised of surface soil with a known local capability of satisfactorily supporting lawn growth.

Sodded areas shall have a minimum finished depth of six inches of sod and surface soil with a known local capability of satisfactorily supporting lawn growth.

Grading for lawn areas shall be kept to the minimum necessary to prevent standing water or other undesirable moisture conditions.

The yards of every structure shall be graded to secure proper drainage away from the building and dispose of it without ponding in accordance with N.J.A.C. 5:23-3.14 and 5:23-3.21.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the site and shall be stabilized by seeding, sodding or planting. Under no circumstances shall any soil or earth be sold or otherwise removed from the site unless application is made and approval granted by the Township Engineer. Application for such removal shall be accompanied by a fee in the amount of $150.

When using fill for grading a site or any disturbed portion thereof, fresh topsoil, or at a minimum clean fill shall be used. "Clean fill" shall mean material that is not contaminated by solid wastes, infectious wastes, brick, block, concrete, glass, ceramics, wallboard, plastic, wood, metal, or demolition debris. Clean fill may contain small amounts of gravel, roots and other elements naturally occurring in soil. In no event shall the use of clean fill for grading relieve the developer from the obligations of meeting the above obligations.

Alternative performance in certain cases. If weather conditions or other circumstances make it temporarily difficult or impossible to comply with the terms or any other requirement of this chapter, the Township Engineer may permit such terms or requirements to be performed at such later date as he or she may specify. In such a case, a cash guaranty or third party surety bond shall be posted with sufficient easements to enable the Township to provide alternative performance.

Storage of soil and fill. Soil and fill may be stored on site for no more than six months to avoid the degeneration of piles and the creation of dangerous conditions. If soil or fill is to be used on the site and there is a need to store same in excess of six months, the individual or entity desiring to store the soil or fill may seek an extension for no more than six additional months from the Township Administrator, which shall be granted only upon a showing of good cause. All soil and fill stored on site must be placed within the front, rear, and side yard setbacks set forth for the property in question under the Township Zoning Ordinance.

Enforcement and penalties.

It is the developer's responsibility to comply with the terms of this section, and the property owner or resident is intended to benefit from these provisions. Compliance with the provisions of this chapter shall be considered a "prior approval," which must be completed prior to the issuance of a certificate of occupancy in accordance with N.J.A.C. 5:23-2.24(a)1. The Construction Official or his or her designee is hereby authorized to inspect the property prior to issuance of a certificate of occupancy to determine whether this prior approval has been met. Any complaints for violation(s) of this section shall be directed to the Township Administrator, or his or her designee, who shall be responsible for issuing a complaint and summons for an appearance in Municipal Court. The Township Administrator, or his or her designee, shall have the authority to investigate all complaints and consult with the Township Engineer on same.

Violation of this section shall be punishable by a fine of not less than $50 and not more than $1,000, at the discretion of the Judge of the Pemberton Municipal Court. The Judge shall further order that the conditions of the lot or lots in question be remedied to conform with the requirements of this section.

Applicability of lot grading and drainage requirements. The requirements set forth in Subsections F through O shall apply to the development of all lots within the Township of Pemberton for residential purposes. For developments where an overall grading plan has already been reviewed and approved by either the Planning Board or the Zoning Board of Adjustment, the review and approval of an individual lot grading plan prior to the issuance of a building permit is required.

Definition. For the purposes of this Section, the term "development" shall mean the construction, reconstruction or relocation of any residential structure; the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more; the construction of an inground swimming pool on a residential lot; and/or any subdivision of land classified as a major subdivision by the Township Planning Board.

Submission requirements. The developer of a tract of land in the Township of Pemberton shall provide the following items for each lot proposed to be developed:

Completed lot grading application, copies of which may be obtained from the Township Construction Office;

Appropriate fee(s), as set forth in § 19035N;

Completed lot grading checklist, as provided below;[1]

Editor's Note: The Checklist for Lot Grading Plans is included at the end of this chapter.

Five copies of a lot grading plan, signed and sealed by an engineer licensed by the State of New Jersey and containing all information listed in the lot grading checklist;

In those instances where the lot grading application is related to a major subdivision, the applicant shall post $2,000 per phase and $200 per lot in that phase of the subdivision. In addition, the applicant shall deposit an inspection escrow in the amount of $300 per lot for inspection of the final lot grading. Any reinspections will require additional fees. The performance and inspection escrow fees contained within this section shall be deposited in full at the time that the performance bond is accepted by the municipality.

Administrative review and overall grading plan. The Township Engineer shall review all materials submitted pursuant to Subsections G, J and K for the purpose of determining compliance with the performance standards set forth in Subsection L. Nothing contained herein shall prohibit the Engineer from requiring a new overall grading plan for review and approval. The developer shall be entitled to administrative review, if the plan meets the performance standards contained herein, provided that the proposed changes do not violate or create a conflict with the prior approvals granted by the approving authority. If, in the opinion of the Engineer, the revised grading plan substantially deviates from the prior approval, the applicant shall be required to seek the approval of the applicable board.

Engineer inspection and waiver. At the discretion of the Construction Officer, the Township Engineer may be called upon to perform a site inspection to waive the requirements with regard to the construction of a single-family detached dwelling not related to a development, the enlargement of a residential structure resulting in a land disturbance of 500 square feet or more; the construction or placement of an accessory structure on a residential lot resulting in a land disturbance of 500 square feet or more, and/or the construction of an in-ground swimming pool on a residential lot. The Engineer shall have the authority to waive the within requirements, provided that, in his opinion, such waiver will not have an adverse effect on adjacent lots. The Construction Officer and Engineer shall use the "Grading Plan Waiver Guidelines" questionnaire as a guide for the consideration of said waivers.[2] The applicant requesting a waiver shall submit an application and the fee for review. If the Engineer determines a waiver is appropriate, a waiver certification shall be issued, and the balance of the fee shall be returned to the applicant.

Editor's Note: The Lot Grading Plan Guidelines are included at the end of this chapter.

Foundation location plan. The developer of a tract of land in the Township of Pemberton shall submit a foundation location plan as follows:

The State of New Jersey, through the Uniform Construction Code, requires that a foundation location survey be submitted to the Township Construction Official as soon as possible after the installation of the foundation wall. Further, the final verification of such a prior approval rests with the Construction Official. This plan shall be prepared by a land surveyor licensed by the State of New Jersey and show all building corners of the foundation. To confirm that the top of block elevation conforms to the approved plan, the permittee shall also submit a foundation location plan to the Engineer for review. The foundation location plan shall contain the top of block elevation.

Nothing in this section shall prohibit a permittee from commencing with framing prior to the submission of the foundation location plan to the Engineer but will instead be a matter to be resolved by the contractor prior to the issuance of the certificate of occupancy. However, since the permittee shall demonstrate conformance to the performance standards listed below in Subsection L prior to the issuance of the certificate of occupancy, it is recommended that the foundation location plan be submitted to the Engineer as soon after the installation of the foundation walls as possible.

Final survey. A certificate of occupancy shall not be issued until the permittee submits an accurate final survey (asbuilt plan) to the Engineer for approval. The final survey (asbuilt plan) shall be prepared by a New Jersey licensed professional land surveyor. The purpose of the final survey (asbuilt plan) is to ensure that the lot grading is in substantial conformance to the approved plan and that the lot will adequately drain and have no adverse impact on adjoining properties. The final survey (asbuilt plan) shall be reviewed by the Engineer and determined to comply with the above standards.

Performance standards. The following performance standards will be applicable to lot grading subject to the provisions of this section:

All grading shall be done in a manner that will result in no adverse impact to adjacent properties, including Township roads and rightsofway. Such adjacent properties with natural swales and/or wetlands must be evaluated to insure that adequate capacity is available to accept the runoff from the site being developed and graded. Whenever possible, the land shall be graded in accordance with the NJDEP Stormwater Best Management Practices Manual. Methods to be considered by the design engineer are as follows:

Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

Maximize the protection of natural drainage features and vegetation;

Minimize the decrease in the preconstruction "time of concentration";

Minimize land disturbance, including clearing and grading;

Provide low-maintenance landscaping that encourages retention and planting of native vegetation;

Provide vegetated openchannel conveyance systems discharge into and through stable vegetated areas such as rain gardens;

Provide preventative source controls.

Other methods may be considered for approval by employing one or more of the methods above, along with use of a municipally approved stormwater collection system.

No more than three lots in a row shall be allowed to drain through a swale unless protected by an acceptable easement. The permittee shall confirm to the Engineer that any approved easement has been properly conveyed and recorded and that it is not subject or subordinate to any other interest that could extinguish it or otherwise diminish its effectiveness.

The minimum slope for swales, lawns and disturbed areas shall be 2%, 3% for rear yard swales, and for smooth, hard surfaces, i.e., driveways, 1%.

Slopes shall not be steeper than three horizontal to one vertical.

No grading shall occur within five feet of a property line unless necessary to direct drainage off or onto the property, and then into acceptable drainage facilities. All drainage directed off the property shall conform to the requirements listed in Subsection L(1) above.

The maximum grade for driveways shall be 10%.

The top of block elevation shall be a minimum of six inches above the highest adjacent grade and shall be provided on all grading plans. The notation of the finished floor alone is not acceptable.

Grading within 10 feet of the dwelling shall be in accordance with local building codes.

Retaining walls over three feet in height must be designed and then reviewed and approved by the Engineer.

Topsoil moved during the course of construction shall be redistributed so as to provide at least five inches of spread cover to all seeded and planted areas of the development and shall be stabilized by seeding or planting. Topsoil shall be reasonably free of stone and contain no stones larger than two inches in any dimension. In the event that the quantity of topsoil at the site is insufficient to provide five inches of cover for all seeded and planted areas, the permittee shall provide and distribute a sufficient quantity of topsoil to provide such cover. The composition of any borrowed topsoil shall be in accordance with New Jersey Department of Transportation (NJDOT) standards and suitable for use in a residential setting.

Grading necessary to construct an inground swimming pool shall not interrupt the existing and/or approved drainage patterns. Finished deck elevations shall be set above the natural grade occurring on the lot to prevent water from flowing into the swimming pool.

The permittee may request a waiver of a particular performance standard upon presentation of a reasonable justification. The Engineer shall have the authority to review the request and issue an administrative change, provided it does not violate the intent of the section.

(14)

The applicant is required to implement best management practices as published by the New Jersey Department of Environmental Protection by reducing the quantity of runoff by recharge and improving water quality as defined under the stormwater management plan of the Township.

Other requirements. All conditions and requirements herein shall be consistent with the Pinelands Stormwater Management Standards as set forth in the Pinelands Comprehensive Management Plan and any standard adopted thereto, all applicable New Jersey Department of Environmental Protection standards, all applicable Burlington County Soil Conservation District standards, and all Township stormwater control standards as set forth in the Pemberton Township Stormwater Control Ordinance (both Pinelands and nonPinelands) and any standard adopted thereto.

Fees. Fees for the Township Engineer's review and/or inspection, as set forth in this section, shall be as follows:

Application fee: $35.

Grading plan review: $250.

Foundation location plan review: $100.

Final inspection fee (other than major subdivision): $200.

Final inspection fee (major subdivision): $300.

Revised grading plan fee: $100.

Reinspection fee: $100.

Checklist. All the requirements for the control of grading and drainage of residential lots shall be required to adhere to the following checklist.[3]

Editor's Note: The Checklist for Lot Grading Plans is included at the end of this chapter.

§ 190-36 Lighting.

[Amended 12-3-1975 by Ord. No. 16-1975]

All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas shall have appropriate lighting facilities as determined by the Planning Board, and building complexes requiring area lighting shall be illuminated adequately 1/2 hour after sunset to 1/2 hour before sunrise. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 0.3 footcandle anywhere in the area to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a mounting height of not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source, spaced a distance not to exceed five times the mounting height. Any other lighting, such as building and sidewalk illumination, driveways with no adjacent parking and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval by the Planning Board.

§ 190-37 Nonconforming uses, structures or lots.

Except as otherwise provided in this article, the lawful use of land, buildings or structures existing at the date of the adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the zone in which such land, buildings or structures are located. However, no building or structure shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or structurally altered except in conformity with the regulations of this chapter for the district in which such building or structure is located. Also, land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

Abandonment or discontinuance. Any nonconforming use not in operation for a period of 12 consecutive months shall not be allowed to continue where there has not been a persistent effort to continue the use during that time period.

Conversion to permitted use. Any nonconforming structure or use which has been changed to a conforming structure or use shall not be changed back again into a nonconforming structure or use.

Restoration.

Any structure or use which has been condemned or destroyed by fire, explosion, flood, windstorm or other act of God under the following condition:

[Amended 1-31-1977 by Ord. No. 1-1977; 12-17-2014 by Ord. No. 15-2014]

A single-family residence may be reconstructed in kind as the residence existed prior to damage or destruction, so long as reconstruction is commenced within five years. A use variance shall be required as provided by state statutes for any building or use that does not conform to this condition.

The total value of the structure shall be based on the current cost of replacing those portions destroyed or required to be rebuilt to their original status plus the current cost of replacing the remaining usable elements of the structure. The cost of replacing the portion that was damaged or requires rebuilding shall be computed as a percentage of the current value of the structure as outlined above.

Repairs, maintenance and permitted expansion. Such repairs and maintenance work as required to keep a structure in sound condition may be made to a nonconforming structure or a structure containing a nonconforming use. Moreover, any commercial or industrial use existing as a conforming use immediately prior to the date of adoption of this chapter and which has been made a nonconforming use by the provisions of this chapter may be physically expanded as a right to a maximum of 125% of the gross size of the facilities devoted to such use on the said date of adoption.

Sale. Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot, provided that the other provisions of this section are met.

Nonconforming lots.

Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size or which structure violates any yard requirements may have additions to the principal building and/or construct an accessory building without an appeal to the Board of Adjustment, provided that the total permitted building coverage is not exceeded and/or the accessory building and/or any addition does not violate any other requirements of this chapter, such as but not limited to height, setback and parking. For lots of one acre or less, additions or accessory buildings may be constructed in accordance with the following schedule:

[Amended 8-2-1985 by Ord. No. 18-1985; 3-16-2022 by Ord. No. 8-2022]

		Up to 11,000 Square Feet	Lot Size 11,001 to 30,000 Square Feet	30,001 to 43,560 Square Feet
Principal building Minimum yards:
	Side yard (feet)	10	20	30
	Front yard (feet)	25	40*	50*
	Rear yard (feet)	40	50	60
Accessory building Minimum distance to:
	Side line (feet)	5	10	15
	Rear line (feet)	5	10	15
	Principal building (feet)	10	10	20
	Another accessory building (feet)	10	10	15
Maximum building coverage (percent):
	Principal building	25	20	10
	Accessory building	5	5	2

*NOTE: May be reduced to 25 feet for corner lot.

Any nonresidential vacant lot existing as a conforming lot at the effective date of adoption or amendment of this chapter whose area or dimensions do not meet the requirements of the district in which the lot is located may have a building permit issued for a use permitted for that zoning district without an appeal to the Board of Adjustment, provided that the building coverage limit is not exceeded, parking requirements are met and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zone district requirements, except that no side yard shall be less than either 10 feet or half that required by this chapter, whichever is greater, and no building shall be required to have a height less than 12 feet and one story. Any vacant residential lot, excepting those in the Pinelands Area, existing as a conforming lot at the effective date of adoption or amendment of this chapter, may have a building permit issued without an appeal to the Board of Adjustment, provided that the yard requirements are reduced by the same percentage that the lot area bears to the zone district requirements, and except further that no yard shall be reduced to less than 40% of the zone requirement, and except that no side yard shall be reduced to less than 10 feet and no front or rear yard shall be reduced to less than 25 feet.

[Amended 3-3-1978 by Ord. No. 1-1978; 8-6-1982 by Ord. No. 16-1982]

Any vacant lot of at least one acre within the Pinelands Area existing at the effective date of adoption or amendment of this chapter whose area does not meet the requirements of the district in which the lot is located may have a building permit issued, without variance approval, for a residential use permitted for that zoning district, provided that the dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner; the parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; the parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and the parcel includes all vacant contiguous lands in common ownership on or after, February 8, 1979.

[Added 8-6-1982 by Ord. No. 16-1982; amended 4-3-1997 by Ord. No. 1-1997]

(Reserved)[1]

Editor's Note: Former Subsection F(4), regarding development on land of 3.2 acres or more, added 8-6-1982 by Ord. No. 16-1982, was deleted 9-16-1993 by Ord. No. 11-1993. Former Subsection F(5), added 12-15-1994 by Ord. No. 8-1994, regarding construction of a new dwelling unit within the R-100 District, which immediately followed this subsection, was deleted 5-4-1995 by Ord. No. 10-1995, which ordinance also renumbered former Subsections F(6) and (7) as F(5) and (6), respectively.

Pinelands waivers of strict compliance. Where the Pinelands Commission has granted authorization for construction on a lot by granting a waiver of strict compliance, the applicant for development of a new dwelling unit on any such lot shall be permitted to erect such dwelling unit without an appeal to the Zoning Board of Adjustment, provided that all building setbacks conform to the minimum requirements of § 190-37F(1) for lots less than one acre and conform to the minimum setback requirements of § 190-37F(2) for lots larger than one acre.

[Added 12-15-1994 by Ord. No. 8-1994]

Temporary trailer installations after fire or other catastrophic damage. Whenever a permanent dwelling unit sustains fire damage, or damage from other Acts of God, or is in some other way damaged such that the residents cannot occupy the premises, the Construction Official is authorized to grant approval for installation of a mobile home for temporary occupancy while such dwelling unit is being repaired. Such authorization shall be granted for a period of nine months and shall be conditioned upon adequate connection of such mobile home to functioning water supply and sewage disposal systems on the lot. The same shall first be approved by the Health Officer or the Burlington County Health Department.

[Added 12-15-1994 by Ord. No. 8-1994; amended 9-19-2002 by Ord. No. 19-2002]

§ 190-38 Off-street parking, loading, driveways and fire lanes.

Driveways. All detached dwelling units shall have a driveway connecting the dwelling (or its related garage or carport) with the adjacent street. Such driveway shall either be paved in accordance with Township requirements or consist of at least eight inches of quarry blend or crushed stone, not less than three-fourths blend, and shall be at least 12 feet wide. Where unpaved driveways intersect the adjoining street, paved aprons may be required at the discretion of the Township Engineer. All driveways in newly constructed major subdivisions where full roadway, curbing and drainage improvements are required shall be paved to Township specifications. No driveway shall be located closer than five feet to any lot line unless such driveway crosses the lot line in order to provide access to an adjoining lot or lots. This provision shall not be construed to preclude common curb cuts. The driveways to the adjacent lots may continue a reasonable distance into the adjoining lots beyond the common curb cut, without regard to the five-foot prohibition set forth above.

[Amended 3-3-1978 by Ord. No. 1-1978; 5-30-1979 by Ord. No. 8-1979; 12-15-1994 by Ord. No. 8-1994; 2-16-1995 by Ord. No. 1-1995]

Landscaping.

Except for detached dwelling units, a screen planting of a dense evergreen material not less than four feet in height shall be provided between all off-street parking areas and any lot line or street line except where a building intervenes or where the distance between such area and the lot line or street line is greater than 150 feet.

All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Such screening shall be by a fence, wall, planting or combination of the three and shall not be less than four feet nor more than six feet in height.

Each off-street parking area shall have a minimum of one parking space for every 30 parking spaces landscaped, with 1/2 said spaces having shrubs no higher than three feet and the other half having trees with branches no lower than seven feet. Such spaces shall be distributed throughout the parking area in order to break the view of long rows of parked cars in a manner not impairing visibility.

Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with § 190-36. All parking facilities providing five or more parking spaces shall be lighted.

Surfacing and curbing.

Generally.

All parking and loading areas and access drives shall be paved as outlined below, or the equivalent, as determined by the Township Engineer, and approved as part of the site plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

[Amended 5-30-1979 by Ord. No. 8-1979]

Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than four inches of compacted base course of plant-mixed bituminous stabilized base course, constructed in layers of not more than two inches' compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications, and amendments thereto.

Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. A one-and-one-half-inch compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications, and amendments thereto.

Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner: The areas shall be excavated to a depth of six to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material as described heretofore shall be spread thereon.

All off-street parking and loading areas shall be provided with curbing or wheelstops as recommended and approved by the Planning Board Engineer so that vehicles cannot be driven onto required perimeter landscaped areas, buffer zones and street rights-of-way and so that each parking and loading area has controlled entrances and exits of drainage control. Curbing or wheel stops shall be located to prevent any part of a vehicle from overhanging internal sidewalks or landscaped areas. Parking and loading spaces shall not be an extension of any street right-of-way.

[Amended 12-3-1975 by Ord. No. 16-1975]

All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.

Access. Access points from any one lot crossing the street line shall be limited to a maximum of two along the frontage of any single street. The center lines of any separate access points shall be spaced at least 65 feet apart; shall handle no more than two lanes of traffic; shall be at least 20 feet from any property line; and shall be set back from the street line of any intersecting street at least 50 feet or 1/2 the lot frontage, whichever is greater, except that in no case need the setback distance exceed 200 feet. Continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that for nonresidential uses, driveways of more than 16 feet may be permitted with the approval of the Planning Board, giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and method of dividing traffic lanes. Curbing shall be depressed at the driveway or the curbing may be rounded at the corners and the driveway connected with the street in the same manner as another street.

Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.

Type of facility.

Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setback as applicable.

The provision of parking spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any motor vehicle. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

	For Parking Spaces 10 Feet Wide
Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90°	22	25
60°	18	20
45°	15	20
30°	12	18
Parallel	12	18

Fire lanes. Fire lanes shall be designated as set forth hereafter on all plans and specifications for the construction or remodeling of any public or quasi-public structure where deemed necessary by the Township Engineer. The owner of any property on which there is presently located a public or quasi-public structure which has no fire lanes or on which the fire lanes presently existing are deemed inadequate by the Township Engineer shall be required, upon reasonable notice, to provide, locate and designate appropriate fire lanes in accordance with the provisions of this chapter.

[Added 3-15-2001 by Ord. No. 2-2001]

Design. Each fire lane shall be constructed to a minimum width of 18 feet and shall be constructed of either asphalt paving, concrete, concrete paving blocks or gravel. The fire lane shall be designed to support a weight of approximately 40 tons. Where the fire lane is required to access a roadway, a depressed curb must be provided. Construction of the fire lane can be combined with a pedestrian path if appropriately located and constructed. All fire lanes shall be visually designated either by their form or by the materials used in their construction. The design of the fire lanes shall be subject to review by the Township Engineer.

Location. Fire lanes shall be located so as to serve the entire building from the building site; so as to provide the most direct means of access for all emergency vehicles; to be sufficiently close to the building to provide the means to provide protection for the structure while being far enough removed so as to provide safety for the emergency vehicle using the fire lane in the event of collapse of the building. However, the ultimate authority with respect to the determination for the location of the fire lanes shall lie with the Township Engineer. The Township Engineer shall make the aforesaid determination, and may request review and recommendation of the Township Planner.

Signs. Fire lanes shall be appropriately posted with signs indicating the words NO PARKING-FIRE ZONE or NO PARKING-FIRE LANE in red letters on a white background, with a red line bordering the perimeter of the sign, said sign to be 12 inches by 18 inches, made of metal with rust-resistant reflectorized coating posted at the ends of each fire lane and at one-hundred-foot intervals therein. Fire areas shall also be designated by covering the face and top of the curb of the prohibited area with a solid yellow color of paint. The above criterion for the painting of fire areas is to be considered a minimum, and additional painting may be placed on the site consisting of crosshatches, solid yellow areas or such other designations, in addition to the curb painting, as may serve to act as a deterrent to parking in fire zones.

Construction and maintenance. The owner of the site upon which a fire lane is located shall be responsible for constructing, designating and marking fire lanes as required by this subsection. All maintenance and repair of the signs and pavement markings, if any, shall remain the responsibility of the owner and any successor. The maintenance and repair shall be continuing condition of any approval conferred with respect to the construction, remodeling or occupancy of the building or structure on the premises. Any failure to maintain or repair said signs or pavement markings shall be basis for voiding the prior approval. Approvals, which shall be conditional under this subsection, shall include, but not limited to, final site plan approval and certificates of occupancy. No such approval shall be held to be void unless a hearing by the issuing officer or agency has been held on due notice to the owner of the premises.

Enforcement. Enforcement of this subsection shall be carried out under § 182-17.2 et seq.

§ 190-39 Performance standards for all uses.

An application for a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a building permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure. In the event any use fails to meet the performance standards after the certificate of occupancy is issued, the Zoning Officer may, after proper notice, revoke the certificate and the use shall terminate.

Buffers. Buffer areas are required along lot and street lines of all nonresidential lots where said property lines or the center line of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide and maintain attractively landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular zoning district shall be as prescribed in Article IV. Buffer areas shall be measured horizontally and be either perpendicular to straight lot and street lines or radial to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, and all buffer areas shall be planted and maintained with grass or ground cover, together with a dense screen of trees, shrubs or other plant materials meeting the following requirements:

Plant materials used in screen planting shall be at least six feet in height when planted and be of such density that all the glare of automobile headlights emitted from the premises is obscured throughout the full course of the year. The plant materials shall be of a species common to the area, be of nursery stock, be free of insect and disease and shall otherwise conform to the landscaping provisions of § 190-50C, which are applicable within the Pinelands Area.

[Amended 8-6-1982 by Ord. No. 16-1982]

Buffer areas shall be permanently maintained and plant material which does not live shall be replaced within one year or one growing season.

The screen planting shall be so placed that at maturity the plant material will be no closer than three feet from any street or property line.

The buffer area shall not be broken unless specifically approved by the Planning Board.

Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond the operator's dwelling unit in the case of multifamily dwellings as the result of the operation of such equipment.

Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare, direct light or reflection will not become a nuisance to adjoining properties, adjoining dwelling units, adjoining districts or streets.

Heat. No use shall produce heat perceptible beyond its lot lines. Further, no use shall be permitted which would cause the temperature to rise or fall in any part of ponds, streams or other watercourses.

Noise.

The sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, operations involved in the construction or demolition of structures, emergency alarm signals or time signals) shall not exceed the decibel levels in the designated octave bands stated below. The sound-pressure level shall be measured with a sound-level meter meeting the specifications of S1.4-1971 and an octave band filter set meeting the specifications of S1.11-1971, both specifications of the American National Standards Institute, New York, New York. If the noise will be incapable of being measured with the sound-level meter and octave band analyzer, then the noise shall be measured by substituting an impact noise analyzer (General Radio Company, Type 1556-A-1955) for the octave band analyzer to determine the peak value of the impact.

In cases where there is serious question whether a noise will be of nuisance and if the noise is incapable of being measured with an impact analyzer, then the noise-producing activity shall not be permitted. If the noise source is already in existence, the noise shall be controlled to eliminate the nuisance.

Between the hours of 10:00 p.m. and 7:00 a.m. the maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case):

Octave Frequency Band (cycles per second)	Maximum Permitted Sound-Pressure Level at the Property Line or Along Any Public Right-of-Way Within the Property (decibels)*
Over 0 to 75	69
Over 75 to 150	54
Over 150 to 300	47
Over 300 to 600	41
Over 600 to 1,200	37
Over 1,200 to 2,400	34
Over 2,400 to 4,800	31
Over 4,800	28
*NOTE: 0.0002 dynes/square centimeter.

If the noise is not smooth and continuous or it is not radiated at nighttime, one or more of the corrections below shall be added or subtracted from each of the decibel levels given above:

Type of Operation or Character of Noise	Correction in Decibels
Daytime operation only (7:00 a.m. to 10:00 p.m.)	+ 5
Noise occurs less than 20% in any one-hour period	+ 5*
Noise occurs less than 5% in any one-hour period	+10*
Noise occurs less than 1% in any one-hour period	+15*
Noise is of peculiar character (hum, scream, etc.) or is of impulsive char- acter (hammering, pressure release, etc.) (In the case of impulsive noise, the correction shall apply only to the average pressure during an impulse, and impulse peaks shall not exceed the basic standards given above)	- 5

* NOTE: Apply only one of these corrections.

Odor. Odors shall not be discernible at the lot line or beyond.

Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream, watercourse or underground aquifer. All materials or wastes which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. 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.

[Amended 8-6-1982 by Ord. No. 16-1982; 4-6-1989 by Ord. No. 11-1989; 4-3-1997 by Ord. No. 1-1997]

Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of construction or demolition activity. The standards below are as set forth in the Table of Frequency Amplitude Relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.

Frequency of Ground Motion (cycles per second)	Maximum Amplitude of Ground Motion Not More Than (inches)
Up to 10	.0305
Over 10 to 20	.0153
Over 20 to 30	.0102
Over 30 to 40	.0076
Over 40 to 50	.0061
Over 50 to 60	.0051

§ 190-40 Principal use.

[Amended 11-7-1986 by Ord. No. 26-1986]

Unless otherwise specified for a particular zoning district in Article IV, no more than one principal dwelling or building shall be permitted on one lot, except for shopping centers, apartments and townhouse developments receiving site plan approval in accordance with the applicable zoning provisions and farms which may consist of more than one principal dwelling and permitted accessory farm uses. Where more than one principal dwelling is to be developed on a farm, such structure shall be so located that a conforming lot can be created, and the deed for such parcel shall be restricted against future residential development of the minimum acreage required per dwelling unit prior to the issuance of the construction permit for any such dwelling.

§ 190-41 Signs.

[Amended 8-6-1982 by Ord. No. 16-1982]

No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic directional and identification signs, other places of business, other signs or windows of the building on which they are located.

Animated flashing and illusionary signs. Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited.

Height. No freestanding sign shall exceed the maximum height permitted in the district and no attached sign shall be higher at any point than the roof line of the building, except that no sign shall exceed any lesser height if particularly specified in Article IV. In addition, no attached sign shall project into or hang over a street right-of-way and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles, such as but not limited to driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrianway, the lowest portion of the sign shall be at least eight feet above the walkway.

Illuminated signs, where permitted, shall be so arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location where it may be confused with a railroad, traffic control or emergency signal. Illuminated signs shall comply with the National Electrical Code. All exterior lighted signs shall be lighted from the bottom, with said lights shielded from residences and from streets or other rights-of-way carrying vehicular traffic.

Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.

Portable signs. No sign shall be exhibited which is portable, i.e., fixed on a movable stand; self-supporting without being firmly embedded in the ground; supported by other objects; mounted on wheels or movable vehicles; or made easily movable in some other manner.

Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 horizontal feet from all street lines. Such signs shall not exceed nine square feet on each of two sides and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business being advertised. "Sold" signs shall be permitted between the signing of the contract of sale and date of legal settlement. All such signs do not need a building permit.

Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself.

Signs and sign structures of all types shall be located to allow a clear, unobstructed line of sight for 300 feet from the stop line of any intersection of streets and/or driveways.

Signs with two exposures shall be measured for area by using the surface area of one side of the sign only.

§ 190-42 Underground utilities installations.

[Added 12-3-1975 by Ord. No. 16-1975; amended 9-16-1993 by Ord. No. 15-1993; 1-16-1997 by Ord. No. 36-1996]

All utilities shall be installed underground in all cases where underground installation is required by applicable New Jersey Board of Utility Regulations or by the National Electric Safety Code or other applicable national or state uniform code.

§ 190-43 Sidewalks.

[Added 12-3-1975 by Ord. No. 16-1975; amended 12-15-1994 by Ord. No. 8-1994]

Sidewalks shall be required as a condition of approval of any major subdivision or site plan approval and shall be located along the frontage of any existing and/or proposed streets unless the Planning Board or Zoning Board requires such installation in alternative and/or supplemental locations.

§ 190-44 Additional sign regulations.

[Added 6-4-1975 by Ord. No. 7-1975]

Zones other than commercial. Signs shall be permitted in each of the noncommercial zoning districts identified and described in this chapter specifically as set forth in the regulations governing such zones and subject to general regulations herein contained.

Commercial zones. In the General Commercial/Light Industrial District, signs shall be permitted as follows:

[Amended 8-17-1984 by Ord. No. 14-1984]

Attached signs.

Principal sign: one sign, lighted or unlighted, affixed flush against or painted upon the front of the building or portion thereof actually occupied by the commercial use, the maximum area of which shall be two square feet per front foot of building actually occupied or 150 square feet, whichever is smaller.

Additional signs. In the case of a corner property, additional lighted or unlighted signs may be affixed flush against or painted upon each additional wall which faces a public street and contains a public entrance, provided that the total area of such additional signs shall not exceed 150 square feet.

Freestanding signs. Freestanding signs shall be permitted in commercial zones as follows:

No more than one sign shall be permitted for any one use.

The maximum height of any such sign shall be 24 feet.

Any such sign shall be set back from the public right-of-way line at least 10 feet.

Any such sign shall be set back from the side yard line at least 10 feet.

The maximum area of the sign shall be the lesser of one square foot per running foot of the street frontage the building faces or portion of the building actually occupied or 100 square feet, whichever is smaller.

[Amended 10-19-2000 by Ord. No. 17-2000]

Directional signs containing no advertising matter and not exceeding four square feet in size shall not be deemed freestanding signs for the purpose of this section.

[Amended 10-19-2000 by Ord. No. 17-2000]

Shopping center signs.

For purposes of this subsection, "shopping center" shall be defined as any number of retail commercial uses so interrelated by physical connection, central orientation, interrelated services, facilities and amenities as to constitute a single conceptual unit and shall include any grouping of such uses developed under a single site plan.

General. A shopping center may have only one freestanding, lighted, nonmoving sign along each arterial or collector road which the tract in question abuts, provided there exists at least 200 feet of unbroken frontage. Such sign shall be subject to the following regulations.

No sign shall exceed a height of 20 feet.

[Amended 10-19-2000 by Ord. No. 17-2000]

Each such sign shall be set back from driveways and roadways at least 25 feet.

Each such sign shall be set back from any property line a minimum of 75 feet.

No such sign shall exceed 100 square feet in size.

[Amended 10-19-2000 by Ord. No. 17-2000]

Common walkways. Where units in a shopping center share a common walkway, each such unit served by the walkway may have one additional sign identifying the use, which sign shall be suspended in a perpendicular fashion from the roof over the walkway. Such suspended sign shall be no closer to the finished grade level below it than 10 feet at its lowest point. No such sign shall exceed eight square feet in total area.

Homogeneity. All signs in a shopping center shall conform in character to all other signs in the complex and shall blend with the overall architectural scheme of the shopping center.

General safety regulations. For the safety and protection of the general public, the following regulations shall apply to all signs in the Township:

No sign shall be erected in such manner as to confuse or obstruct the view or interpretation of any traffic sign, signal or device.

No sign shall be erected or maintained at such location or in such manner as to obstruct free vision at any intersection.

Where signs are permitted to be illuminated, illumination may be internal or external, but may not be of the flashing variety or animated in any way. Signs depicting time and temperature changes in a decorous fashion shall be permitted.

No freestanding sign shall exceed 24 feet in height and no attached sign shall be higher at any point than the roof line of the building to which it is affixed, except that on a flat roof a sign no higher than four feet shall be permitted. Furthermore, no attached sign shall project into or hang over a street right-of-way nor project beyond a building in a manner as to place it above an area utilized by motor vehicles, such as but not limited to driveways and parking area. Where a sign projects from a building facade or wall over a pedestrianway, the lowest portion of the sign shall be at least 10 feet above the walkway.

In special situations, upon a showing of extreme practical difficulty, extraordinary circumstances and/or undue hardship, the Planning Board is authorized to permit signs of a height not exceeding 35 feet.

Lighted signs, where permitted, shall be so arranged as to reflect the light and glare away from adjoining premises and away from abutting highways. Lighted signs shall comply with the National Electrical Code and bear the Underwriters' Laboratories seal. All externally lighted signs shall be lighted from the bottom or the top, with the lights appropriately shielded.

Permits.

Permit required. No sign shall hereafter be erected, reerected, constructed, altered or maintained except as provided in this chapter and after a permit for the same has been issued by the appropriate authority.

Application procedure. Plans and detailed information shall be submitted with each application for a sign permit, setting forth the dimensions of the sign, the materials incorporated into its construction, the methods and materials used to support the sign, the type of illumination, if any, and its exact location on the building or premises. A sketch of the proposed sign, drawn to a scale of not less than 1/2 inch to one foot, shall be provided.

Compliance with codes and ordinances. Structural features of signs shall be as may be specified from time to time in the Building Code,[1] but this chapter takes precedence with respect to area, location, illumination and other characteristics.

Editor's Note: See Ch. 56, Construction Codes, Uniform.

Consent required. The application for a permit shall be accompanied by the written consent of the owner or lessor of the property.

Fees. A fee of $10 shall be paid before a permit for the erection of each sign requiring a permit is issued by the appropriate authority.

Exempt signs. No permit shall be required for signs as follows:

Any permitted sign in a residential area.

Temporary signs pertaining to the sale or lease of a lot or building or the construction of a building on the property on which such sign is placed.

Federal, state, county and municipal signs and historical markers.

Signs identifying a church, public building, playground or other such permitted use, situated on the property to which such sign relates.

Temporary signs advertising sales, premiums, special events or other temporary activities. These may be mounted on the window, door, roof, storefront or on existing freestanding sign or its supports, provided that the total area of such signs at any time does not exceed 25% of the building front or 75% of the freestanding sign if mounted thereon. Only one freestanding sign per business may be used for this purpose. All temporary signs shall be removed within 14 days after the special event or temporary activity has taken place. Temporary signs may not be used more than 60 days in one year. Pennants, banners or any other generally recognized marketing tool shall be considered temporary signs. Prior to establishing such a temporary sign, notice shall be given to the Zoning Officer on forms prescribed by the Township. Like notice shall be given upon removal of such signs.

[Amended 5-2-2002 by Ord. No. 10-2002]

Directional signs containing no advertising matter and not exceeding eight square feet in size shall not be deemed freestanding signs for the purpose of this section.

Political and social advertising signs. Temporary political and advertising signs and temporary signs advertising civil, social or political gatherings or activities are permitted in any zone, provided that the candidate(s) named on any political advertising sign or the organization sponsoring any gathering or activity shall be held responsible for securing, from the Code Enforcement Officer, permits for the temporary posting of all such signs and shall ensure that all signs are removed within 60 days of the issuance of said permit(s). Said sign shall not exceed 32 square feet in size.

[Added 8-6-1982 by Ord. No. 16-1982; amended 4-17-1997 by Ord. No. 7-1997]

Maintenance.

The enforcing authority shall require the proper maintenance of all signs and shall inspect every sign for which a permit has been issued within 30 days after it is erected. All signs, together with all of their supports, shall be kept in repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The enforcing authority may order removal of any sign that is not maintained in accordance with the provisions of this chapter. No fee shall be charged for a permit to repair an existing sign.

Within the Pinelands Area, signs shall be of a character and composition to be harmonious with the scenic value of the Pinelands to the maximum extent practicable. Within the Preservation and Special Agricultural Production Districts the following signs shall be permitted:

[Added 8-6-1982 by Ord. No. 16-1982]

Official public safety and information signs displaying road names, numbers and safety directions.

On-site signs advertising the sale or rental of the premises, provided that:

The area of one side of any such sign shall not exceed 12 square feet.

No more than one sign is located on any parcel of land held in common ownership.

On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that:

The size of any such sign shall not exceed 12 square feet.

No more than one sign is placed on any single property.

Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.

On-site professional, home occupation or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:

The size of any such sign shall not exceed 12 square feet.

No more than one sign is permitted for any individual parcel of land.

On-site business or advertising signs, provided that:

No more than two signs are located on any one premise or on the premises leased or utilized by any one business establishment.

The total area of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.

Temporary signs advertising political parties or candidates for election, or temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed 32 square feet. No such signs shall be displayed for a period exceeding 60 days.

[Amended 4-17-1997 by Ord. No. 7-1997]

Nonconforming signs.

General. Except within the Pinelands area, nothing herein contained shall be deemed to require the removal of discontinuance of a legally existing sign display that is not altered, rebuilt, enlarged, extended or relocated; but all such signs shall be subject to inspection and maintenance. The terms "alter," "rebuild," "enlarge," "extend" and "relocate" shall not be deemed to include the making of ordinary repairs and maintenance or the repair of damage caused by accident or act of God. Failure to keep painted or in good repair for a period of one year, however, shall constitute presumptive abandonment, and the sign or appurtenance may not thereafter be replaced or reused absent compliance with this chapter.

[Amended 4-6-1989 by Ord. No. 11-1989]

Replacement or relocation of nonconforming signs in residential zones. Any replacement, alteration or relocation of a sign relating to a nonconforming use in a residential zone shall conform to the restrictions governing such sign as though it were in a commercial zone, except that the permitted sign area shall be 1/2 that which would be permitted if the use were located in such zone.

Billboards in the Pinelands Area.

[Added 4-6-1989 by Ord. No. 11-1989; amended 4-3-1997 by Ord. No. 1-1997]

Existing lawful billboards, in existence as of January 14, 1981, shall be permitted in the Pinelands Area, provided that they are not located in the P, R-17, R-100, AR, AP, SAP and R-6 Districts, or in that portion of the R-3 District located in the Pinelands Rural Development Area or in that portion of GCLI District located in the Pinelands Agricultural Production Area.

No new billboards shall be erected, nor shall any existing billboard that does not conform to § 190-44F(3)(a) above continue beyond December 5, 1996.

Real estate signs.

Signs advertising the sale, rental or lease of a premise or portion thereof upon which they appear shall have a setback of at least 10 feet from all street lines. Such signs shall not require a permit but shall be subject to the following regulations:

Six square feet residential maximum.

Thirty-two square feet commercial maximum.

One hundred square feet for shopping centers and industrial properties, with a minimum setback of 100 feet.

Shelters, benches. No permit shall be required for signs appearing on bona fide and approved public service school bus shelters and public benches, provided the actual message area shall not exceed 32 square feet.

Miscellaneous regulations.

Termination of business. At the termination of any commercial or industrial enterprise, all sign faces and advertising material appearing on signs pertaining thereto shall be removed from public view within 30 days. The responsibility for the removal of said signs shall be that of the property owners as it appears on the most recent tax list of the Township.

A grower of produce may have one freestanding or other sign for each 300 feet of frontage or fraction thereof, advertising the retail sale of such produce, provided the sign is located on land actually devoted to growing, and provided further that the same shall not exceed 32 square feet in area, but in no event shall more than three signs be permitted per farm stand. Signs with two sides not parallel to one another shall be considered one sign for purposes of this section. Such signs may be maintained under the circumstances outlined in this subsection irrespective of the zoning district in which the agricultural use is located.

[Amended 5-30-1979 by Ord. No. 8-1979]

Farm stand signs in any zone.

[Added 10-19-2000 by Ord. No. 17-2000]

One attached sign shall be permitted, not exceeding 50 square feet.

Two freestanding signs shall be permitted, not exceeding 16 square feet each, not more than eight feet in height and located not more than 150 feet from the farm stand.

§ 190-45 Site plan review.

[Amended 1-31-1977 by Ord. No. 1-1977]

Purpose. Site plan review provides the Planning Board (or Zoning Board, in certain cases) with the opportunity to review development proposals before the issuance of a construction permit. The review process ensures that all elements in the proposed development will meet the requirements of this chapter and that the end product will not adversely affect surrounding properties or cause problems on the site.

Jurisdiction of responsibility during site plan review. The Planning and Zoning Boards have certain overlapping powers designed to expedite the review process. Their respective responsibilities are outlined below:

Powers of the Planning Board.

The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.

The Planning Board shall have the power to act in lieu of the Board of Adjustment and subject to the same extent and restrictions as the Board of Adjustment on the following matters. Whenever relief is requested pursuant to this section, public notice shall be given which shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. (See § 190-59E for public notice requirements.)

Grant variances, pursuant to N.J.S.A. 40:55D-60c, from lot area, lot dimensional, setback and yard requirements, provided that relief pursuant to this subsection from lot area requirements shall not be granted for more than one lot.

Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.

Direct, pursuant to N.J.S.A. 40:55D-36, the issuance of a permit for a building or structure not related to a street.

Board of Adjustment action in lieu of Planning Board.

The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan approval when reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d. (See § 190-58C.)

Whenever relief is requested pursuant to this Subsection B(2), public notice shall be given which shall include reference to the request for a variance. (See § 190-59E for public notice requirements.)

Application of requirements.

[Amended 5-2-1980 by Ord. No. 12-1980]

No construction permit shall be issued for any parking lot for four or more vehicles, new structure or addition to an existing parking lot or structure until a site plan or minor site plan has been reviewed and approved by the Planning Board or Zoning Board, except that a construction permit for single-family or two-family units and their accessory structures on their own lots shall not require a site plan. Additionally, permitted farm accessory structures in agricultural zones or on land subject to farm land tax assessment shall not require site plan review.

[Amended 11-7-1986 by Ord. No. 26-1986]

No certificate of occupancy shall be issued to permit the use of any existing structure occupied by a new use and no construction permit shall be issued to permit any addition to an existing conforming nonresidential structure which accounts for up to 25% additional floor area until a minor site plan has been reviewed by the Planning Board. Additions to nonresidential structures accounting for over 25% additional floor area shall require conventional site plan review.

Applications for minor site plan approval shall comply with the site plan details required for preliminary approval in Subsection D(4). Upon a Planning Board finding that the application conforms to the definition of a minor site plan established in this chapter, the Planning Board (or Site Plan Subcommittee) shall waive notice and public hearing and approve said plan. Any such approval may be conditioned upon the posting of such guaranties as may be required to ensure the provision of any improvements required by ordinance.

Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.

Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.

Submission of preliminary site plan.

Application procedure for preliminary site plan approval.

The developer shall submit 11 sets of plans to the Secretary of the Planning Board at least 10 days but no more than 14 days prior to the meeting at which discussion is desired, together with four completed copies of the application form and the application fee. (See § 190-61.) The Secretary of the Planning Board shall distribute one copy of the application and plans to the Zoning Officer.

The administrative officer shall examine any site plan or minor site plan application and, upon finding that all requirements of this chapter have been met, certify the completeness of each application by notation of the date of complete submission on the application. The completed application shall then be scheduled for hearing by the Planning Board or Zoning Board as outlined in Article VII. Where action by both Boards is required, applications shall first be heard by the Zoning Board.

[Amended 5-2-1980 by Ord. No. 12-1980]

The Secretary of the Planning Board shall retain one copy of the application and plans, which shall remain on file for public inspection, and distribute copies as follows:

Planning Consultant, one copy each.

Zoning Board of Adjustment, one copy each (only when Board of Adjustment will act on plans).

Township Engineer, three copies each.

Burlington County Planning Board, two copies each (when required for county review).

Should the submitted plan be deemed incomplete by the administrative officer, the developer shall be notified in writing of such deficiencies within 45 days of the submission or latest partial submission.

[Amended 5-2-1980 by Ord. No. 12-1980]

Action by Township.

Upon the submission of a complete application for a site plan of 10 acres or 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan of more than 10 acres, or whenever an application includes a request for relief pursuant to Subsection B(1), the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

[Amended 5-2-1980 by Ord. No. 12-1980]

Upon the submission of a complete application for a site plan pursuant to Subsection B(2), the Zoning Board of Adjustment shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.

The Planning Board (Zoning Board) shall take action (by written resolution) in one of the following ways:

The Planning Board (Zoning Board) may grant preliminary approval to the plan as submitted.

Should minor revisions to the plan be necessary, the Planning Board (Zoning Board) may grant preliminary approval subject to specified conditions not included in the plan as submitted.

The Planning Board (Zoning Board) may deny preliminary approval.

Should major revisions to the plan be necessary, including substantial amendments in the layout of improvements proposed by the developer, the Planning Board (Zoning Board) shall require that an amended application be submitted and proceeded upon as in the case of the original application for development.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final site plan approval. For such a final site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Added 4-6-1989 by Ord. No. 11-1989; amended 4-3-1997 by Ord. No. 1-1997; 7-12-2001 by Ord. No. 12-2001]

Effect of preliminary approval.

Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Township from modifying, by ordinance, such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plan, as the case may be.

That the applicant may apply for and the Planning Board (Zoning Board) may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

Within the Pinelands Area, the provisions of § 190-66E shall be supplemental hereto.

[Added 8-6-1982 by Ord. No. 16-1982]

Preliminary approval of an application shall not authorize development or the issuance of any construction permits.

Site plan details required for preliminary approval. The preliminary site plan shall be based on Tax Map information or some other similarly accurate base and shall be neatly and accurately drawn to scale. The following information shall be included:

Boundaries of the tract, North arrow, scale, date of preparation or latest revision, zone district(s) in which lot(s) is(are) located, a small key map showing the general location of the parcel in relation to the remainder of the municipality.

Existing and proposed streets, parking spaces, loading areas and driveways.

Size, height, location and percent of building coverage for all existing and proposed buildings, structures, signs and lighting facilities.

All dimensions necessary to confirm conformity to this chapter, such as building setbacks, building heights, yard areas.

Proposed buffer areas, existing wooded areas, vegetation types and areas proposed for landscaping. Within the Pinelands Area, all wetlands as defined in this chapter shall also be identified.

[Amended 8-6-1982 by Ord. No. 16-1982]

The Planning Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the site and/or when the application for development poses special problems for the site and surrounding area. Such information may include but not be limited to drainage calculations and traffic analyses.

Within the Pinelands Area, any additional information that may be required pursuant to § 190-66 of this chapter.

[Added 8-6-1982 by Ord. No. 16-1982]

Environmental impact statement. Each site plan shall be accompanied by an impact statement which assesses the environmental limitations of the parcel. This statement shall include an analysis of soils, limitations and drainage and other characteristics of the parcel prior to development. Factors considered shall include air quality, water quality, water supply, hydrology, geology, sewerage or septic disposal and limitations thereto, topography slope, vegetation, wildlife habitat and noise characteristics. The statement shall detail the impact of the proposed development upon the above factors and shall quantify potential adverse impacts and proposed remedies. Impacts shall be assessed during both the construction and the operation of the project, along with efforts to minimize adverse environmental impacts. The environmental impact statement or parts thereof may be waived at the discretion of the Board and its professional advisors.

[Added 5-30-1979 by Ord. No. 8-1979]

Submission to final site plan.

Application procedures for final site plan approval.

The developer shall submit 11 sets of plans to the Secretary of the Planning Board at least 10 but not more than 14 days prior to the meeting at which discussion is desired, together with four completed copies of the application form.

The Secretary of the Planning Board shall retain one copy of the plans and applications and distribute copies as follows:

Zoning Officer.

Planning Consultant.

Township Engineer, three copies.

Burlington County Planning Board, two copies when required for county purposes.

Action by Township.

The municipal agency (Planning or Zoning Board) which acted on the preliminary site plan shall conduct final site plan review. Final site plan approval shall be granted or denied within 45 days after submission of a complete applica-tion to the Planning Board Secretary or within such further time as may be consented to by the applicant. Failure of the Planning (or Zoning) Board to act within 45 days shall constitute final approval, and a certificate of the Planning Board Secretary as to the failure of the Planning (or Zoning) Board to act shall be issued on request of the applicant.

The Planning Board (Zoning Board), by written resolution, shall take action on the application in one of the following ways:

The Planning Board (Zoning Board) may grant final approval to the plan as submitted.

The Planning Board (Zoning Board) may deny approval.

If the developer proposes major revisions to the approved preliminary plan, the Planning Board (Zoning Board) shall request an amended application, which shall be submitted and proceeded upon as in the case of the original preliminary application for development.

Whenever the development proposed by an application for site plan approval requires an approval by a governmental agency other than the Planning or Zoning Board, the local approval shall be conditioned upon the subsequent approval of such governmental agency. Such additional approvals include but are not limited to:

New Jersey Department of Environmental Protection.

Soil Conservation Service approval for soil sedimentation and erosion control plans (P.L. 1975, c. 251[1]).

Editor's Note: See N.J.S.A. 4:24-39 et seq.

County Planning Board approval of site plan (N.J.S.A. 40:27-6.6).

Effect of final approval of site plan. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be charged for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning (Zoning) Board may extend such period of protection for one year, but not to exceed three extensions. Within the Pinelands Area, the provisions of § 190-66E of this chapter shall also apply.

[Amended 8-6-1982 by Ord. No. 16-1982]

Site plan details required for final approval. Each site plan submitted shall be at a scale of one inch equals 50 feet for a tract up to 40 acres in size; one inch equals 100 feet for a tract between 40 and 150 acres; and one inch equals 200 feet for a tract of 150 acres or more. All plans shall be certified by a licensed architect or engineer, including accurate lot lines certified by a licensed engineer or land surveyor, submitted on one of four of the following standard sheet sizes: 8 1/2 by 13 inches, 15 by 21 inches, 24 by 36 inches or 30 by 42 inches, and including the following data (If one sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes):

All details required for preliminary approval in Subsection D(4) above.

All additional requirements set forth by the reviewing Board at the time of preliminary approval.

Cross sections of streets, aisles, lanes and driveways, which shall adhere to applicable requirements of this chapter and applicable design standards in the Subdivision Ordinance.[2]

Editor's Note: See Ch. 159, Subdivision of Land.

The proposed location of all drainage, sewerage and water facilities with proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties.

Proposed lighting facilities, showing the direction and reflection of lighting.

Architectural elevations.

Topographic survey and the proposed disposition of stormwater (if not supplied at preliminary approval).

Landscaping plant material specifications.

Within the Pinelands Area, any additional information that may be required pursuant to § 190-66 of this chapter.

[Added 8-6-1982 by Ord. No. 16-1982]

Environmental impact statement.

[Added 9-8-1978 by Ord. No. 18-1978]

An objective environmental impact statement shall be required as a condition for approval, tentative or final, of any application for development before any agency of the Township of Pemberton, other than a minor subdivision for residential purposes.

Such environmental impact statement shall be prepared and furnished by and at the expense of the applicant and shall comprehend the nature and effect of any and all substantially discernible environmental consequences flowing from the proposed development. It shall deal as well with the resolution of adverse environmental consequences, if any.

A copy of such statement shall be furnished the Pemberton Township Environmental Commission within five days of its receipt, and the Commission shall be requested to review same and to report thereon to the reviewing agency of the Township within 20 days thereafter. The reviewing agency shall accept the report of the Environmental Commission and shall make same a part of the evidence in the matter under consideration.

Site plan waivers.

[Added 6-5-1997 by Ord. No. 17-1997]

Any applicant may request a waiver from site plan review under the terms of this chapter, provided that the applicant's site plan waiver involves:

[Amended 8-16-2018 by Ord. No. 22-2017; 2-5-2020 by Ord. No. 35-2019]

Conditions for existing buildings:

An existing building.

No new construction, except that any addition to an existing structure of 10% or less, up to a maximum of 2,000 square feet, shall not be considered new construction for the purposes of this section.

No extension of the on-tract parking requirements unless the particular permitted use requires a change in parking of 10% or less.

A change in the existing drainage shall require review and approval by the Board Engineer.

Buildings and structures existing on site have undergone a site plan review submission and approval within the preceding 10 years.

If no site plan approval has been granted for buildings and structures existing on site within the preceding 10 years, the applicant may request a waiver from the Board of this requirement by:

Submitting a sketch plat or similar plan identifying all existing site conditions;

Demonstrating that all existing buildings, structures and improvements existing on site are legally existing;

Demonstrating that the use is a permitted use and no use variance is required;

Demonstrating that all of the other required conditions for site plan waiver in this section have been met.

The Board shall consider whether the sketch plat or similar plan together with any supporting testimony and documentation meet the above requirements before any waiver of prior site plan approval of this subsection may be granted.

There are no paving, parking, drainage, landscaping, or lighting problems associated with the site.

Construction or use for agricultural purposes may be addressed by way of site plan waiver.

(Reserved)[3]

Editor's Note: Former § 190-45G(2), regarding the inability to obtain waivers for commercial forestry operations or resource extraction operations, was repealed 10-2-1997 by Ord. No. 25-1997.

A change in use that meets the requirements of Subsection G(1)(a) above may be submitted as a site plan waiver. For purposes herein, the term "change in use" shall be defined as a new use that results in intensification or increase of burdens on the site by way of increased employees, visitation, parking, loading and unloading, deliveries or change in building classification under the BOCA Code and/or intensification of on- and off-site impacts or improvements.

§ 190-46 Swimming pools.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district.

[Amended 11-7-1986 by Ord. No. 26-1986; 9-19-2002 by Ord. No. 19-2002]

A swimming pool shall occupy no more than 75% of the rear yard area in which it is located.

A private residential swimming pool area must be surrounded by a suitable self-latching fence at least four feet but no more than six feet in height.

[Amended 11-7-1986 by Ord. No. 26-1986]

§ 190-47 Townhouses.

[Amended 8-6-1982 by Ord. No. 16-1982]

Within any district allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV and until the site plan has been reviewed by the Planning Board.

Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.

Prior to Planning Board approval, a certification by the Township Engineer shall be required confirming the adequacy and availability of public water and sanitary sewer facilities to service the proposed development. Prior to the issuance of a certificate of occupancy, all dwelling units shall be connected to approved and functioning public water and sanitary sewer facilities.

No townhouse dwelling unit shall be less than 16 feet wide. Building coverage shall not exceed 20% of the tract area.

All buildings shall be Type 2 fire resistive by FHA standards. In addition, each overall structure of attached townhouses shall provide fire walls extending through the roof surface by at least six inches in the form of either extensions of the wall through and roof surface or as offsetting roof lines and fire walls shall be constructed as the side walls of all dwelling units.

Each building shall contain a single master television antenna system which shall serve all dwelling units within the building.

Entranceways, parking areas and walkways shall be adequately lighted both for safety and security purposes.

§ 190-48 Yard restrictions.

No open space provided around any principal building for the purposes of complying with the front, side or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.

§ 190-49 Yard measurements.

Front yards shall be measured as defined in this chapter. On a lot which extends through a block in a manner resulting in frontage on two or more streets, the building setback from each street, whether considered the front, side or rear yard, shall not be less than the required depth of a front yard in the district in which said lot or applicable portion of the lot is located.

§ 190-50 Pinelands Area development standards.

[Added 8-6-1982 by Ord. No. 16-1982]

General. No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this section. Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.

[Amended 4-6-1989 by Ord. No. 11-1989]

Wetlands.

Uses. No development in the Pinelands Area shall be permitted in a wetland or in wetlands transition areas except for the following uses:

[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989; 9-16-1993 by Ord. No. 11-1993]

Horticulture of native Pinelands species in accordance with the requirements of Subsection F.

Berry agriculture in accordance with the requirements of Subsection F.

Beekeeping.

Forestry in accordance with the requirements of Subsection F.

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

[Amended 12-19-2012 by Ord. No. 17-2012]

Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B(2) below.

Private docks, piers, moorings and boat launches for the use of the landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B(2) hereof.

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

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

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

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

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

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.

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

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

The development conforms to all state and federal regulations.

The development will not result in a significant adverse impact as set forth in Subsection B(2) hereof.

Performance standards. No development in the Pinelands Area, other than those specified in Subsection B(1)(a) through (e) 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 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989]

An increase in surface water runoff discharging into a wetland.

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

An alteration of the water table in the wetland.

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

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

A loss of wetland habitat.

A reduction in wetland habitat diversity.

A change in wetlands species composition.

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

Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

[Added 4-6-1989 by Ord. No. 11-1989]

Vegetation.

[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989; 4-3-1997 by Ord. No. 1-1997]

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

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

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental, Protection in 1991 and periodically updated; and

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

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection C(4) below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C(3) above shall incorporate the following elements:

The limits of clearing shall be identified.

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design, where practical.

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.

Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

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

For limited ornamental purposes around buildings and other structures; or

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

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

Fish and wildlife.

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

[Amended 4-6-1989 by Ord. No. 11-1989]

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.

Forestry.

[Amended 4-6-1989 by Ord. No. 11-1989; 11-2-1984 by Ord. No. 23-1984; 2-5-1998 by Ord. No. 35-1997]

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

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

Tree harvesting, provided that no more than one load of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than 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.

Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.

Prescribed burning and the clearing and maintaining of fire breaks.

The information in Subsection E(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[Amended 12-19-2012 by Ord. No. 17-2012]

For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

For all other forestry applications:

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

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

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

A description of all existing uses of the subject parcel;

A brief written statement generally describing the proposed forestry operation;

A USGS Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands Management Area designation and the municipal zoning designation are shown;

A forestry management plan that includes, as appropriate:

A cover page for the plan containing:

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

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

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

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

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

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

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

The number of acres;

The general condition and quality of each stand;

The overall site quality, relative to the management goals and objectives identified in Subsection E(2)(b)[7][b] above;

An inventory and map of Pinelands native forest types with native forest types broken into "stands," including information on type, size and volume by species;

The age of representative trees;

[vi]

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

[vii]

The stand cohort composition;

[viii]

The percent cover;

[ix]

The basal area;

[x]

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

[xi]

The condition and species composition of advanced regeneration, when applicable;

[xii]

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

[xiii]

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

[xiv]

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

[A]

Stand improvement practices;

[B]

Site preparation practices;

[C]

Harvesting practices;

[D]

Regeneration and reforestation practices;

[E]

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

[F]

Herbicide treatments;

[G]

Silvicultural treatment alternatives;

[H]

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

[I]

Implementation instructions; and

[J]

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

[xv]

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

A map of the entire parcel which includes the following:

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

An arrow designating the north direction;

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

The location of all property lines;

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

[vi]

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

[vii]

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

[viii]

Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[ix]

A legend defining the symbols appearing on the map.

[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 § 190-50C(5) and 190-50D(1);

[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 § 190-50L;

[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 E(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 E(3) below;

[13]

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

[14]

When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 190-66E.

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

[Amended 12-19-2012 by Ord. No. 17-2012]

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

Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

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

Clearcutting cedar and managing slash;

Controlling competition by other plant species;

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

Utilizing existing streams as cutting boundaries, where practical;

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

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

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 190-50C(5) and 190-50D(1). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I, Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 190-50L;

A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;

Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

Minimize changes to surface water and groundwater hydrology;

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

Prevent unnecessary soil erosion, siltation and sedimentation; and

Minimize unnecessary disturbances to aquatic and forest habitats.

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

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

Herbicide treatments shall be permitted, provided that:

The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection E(2)(b)[10] above;

Control of competitive plant species is clearly necessary;

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

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

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

Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;

Disking shall be permitted, provided that:

It shall not be permitted in pine plains native forest types;

Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

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

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

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

It shall follow land contours when slopes are discernible;

Root raking shall be permitted, provided that:

It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;

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

Root raking debris shall not be piled in wetlands;

Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and

Drum chopping shall be permitted, provided that:

It shall not be permitted in pine plains native forest types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;

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

It shall adhere to the following procedures:

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

Drums shall remain unfilled when used during the dormant season;

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

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

Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass.

The following standards shall apply to silvicultural practices for harvesting:

Clearcutting shall be permitted, provided that:

It shall not be permitted in pine plains native forest types;

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

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

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

Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' diameter at 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 clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak, in which case straight edges may be used;

Coppicing shall be permitted in all Pinelands native forest types, provided that:

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

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

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

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

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

Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:

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

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

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

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

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

[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; and

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:

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 E(3)(k)[2] below; and

Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:

The use of nonnative cuttings, seedlings or seeds shall not be permitted;

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

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

When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

(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 forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

Forestry permit procedures.

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

Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

The applicant shall, within 10 days of receiving notification from the Zoning Officer that an application has been deemed complete, give public notice of the submittal of a complete application for a forestry permit. The notice shall state the nature of the application under consideration; identify the property proposed for forestry by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate; and indicate the location and times at which any maps or documents for which approval is sought are available. Notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

Within 45 days of determining an application to be complete pursuant to Subsection E(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Office shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection E(3) above or disapprove any application which does not meet the requirements of Subsection E(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to Subsection E(4)(d) 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 E(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(4)(d) above.

Failure of the Zoning Officer to act within the time period prescribed in Subsection E(4)(d) and (e) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

In reviewing and issuing permits for forestry applications, the Zoning Officer also comply with the Pinelands Area notice and review procedures set forth in § 190-66D through G.

Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any permit from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(4)(d) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

Financial surety requirements. Upon the issuance of a forestry permit pursuant to Subsection E(4)(d) above, the applicant shall be required to post a financial surety in accordance with the following requirements:

The surety shall be for the sole purpose of ensuring proper performance during any harvesting operation and shall not be intended to serve as a long-term maintenance guaranty.

The surety shall not exceed $500 or 10% of the stumpage value of the wood to be harvested during the duration of any approval or permit which is granted, whichever is greater.

The surety shall not be required to be posted for a period exceeding two years. This shall not preclude a requirement for the posting of sureties for succeeding two-year periods, provided that the requirements set forth above in this section are met.

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.

Penalties. Any person violating any provisions of this Subsection E shall be subject to a fine not exceeding $1,000 or imprisonment for up to 90 days, or both, in the discretion of the Judge of the Municipal Court of the Township of Pemberton. For purposes of determining such penalties, each day of violation shall constitute a separate offense.

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 Agricultural Experimental Station at Rutgers University.

In Agricultural Production Districts and Special Agricultural Production Districts, a Resource Conservation Plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The Resource Conservation Plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:

[Added 5-6-1983 by Ord. No. 7-1983]

Erosion and runoff: Soil Conservation Service Technical Guide.

Animal waste: Soil Conservation Service Animal Waste Management Field Manual.

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

All agricultural operations in any Agricultural Production or Special Agricultural Production District shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.

[Added 5-6-1983 by Ord. No. 7-1983]

Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

[Amended 4-3-1997 by Ord. No. 1-1997]

Water quality.

General.

[Added 5-6-1983 by Ord. No. 7-1983]

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

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

[Amended 4-6-1989 by Ord. No. 11-1989]

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.

Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be developed and operated in the Pinelands:

[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989]

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 Subsection H(2)(b) through (f) below, provided that:

[Amended 4-3-1997 by Ord. No. 1-1997]

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

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

All public wastewater treatment facilities are designed to accept and treat septage.

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

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 § 190-50B(2) above, provided that:

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

The facility is designated only to accommodate wastewater from existing residential, commercial and industrial development.

Adherence to Subsection B(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.

[Amended 4-3-1997 by Ord. No. 1-1997]

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 4-3-1997 by Ord. No. 1-1997]

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

There is no practical alternative available that would adhere to the standards of Subsection H(2)(a)[1] above;

[Amended 4-3-1997 by Ord. No. 1-1997]

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

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

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

[Amended 4-3-1997 by Ord. No. 1-1997]

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

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that 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 H(2)(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 § 190-50M or 190-50R;

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

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

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

The system will be maintained and inspected in accordance with the requirements of Subsection H(3) below;

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 the 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.

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

[Amended 4-3-1997 by Ord. No. 1-1997]

The standards set forth in Subsection H(2)(d)[1] and (d)[3] through [8] above are met;

If the proposed development is nonresidential, it is located:

[Amended 8-7-2019 by Ord. No. 24-2019]

In the R-1, R-60, R-80, R-96, R-200, R-A, R-I, HD, GI, NCP, TC, TC-MU, TC-N, TC-R, TC-WD, MH, OP, OP/LI, PV, or M Zoning District; or [

In the portions of the GCLI or R-3 Zoning District that is located within the Pinelands Regional Growth Area; or

In the AP, AR, R-6, R-100 or R-17 Zoning District, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2); or

In the portions of the GCLI or R-3 Zoning District that is located outside of the Pinelands Regional Growth Area subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(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 H(2)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(4)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 § 190-50M or 190-50R.

Surface water runoff, provided that:

[Amended 4-3-1997 by Ord. No. 1-1997]

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

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

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

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

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

A four-year maintenance guaranty 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 ten years. The program shall identify the entity charged with responsibility for annual inspections and the completion of any necessary maintenance and the method to finance said program.

Individual wastewater treatment facility and petroleum tank maintenance.

[Amended 4-6-1989 by Ord. No. 11-1989]

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 Laws of 1975, amending the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:

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

Have the facility cleaned at least once every three years.

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

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]

Editor's Note: See N.J.S.A. 58:10A-1 et seq.

Prohibited chemicals and materials.

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

Septic tank cleaners.

Waste oil.

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

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

Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. Water shall not be exported from the Pinelands, except as otherwise provided in N.J.S.A. 58:IA-7.1.

[Amended 4-16-1989 by Ord. No. 11-1989][2]

Editor's Note: Former Subsection H(6) and (7), regarding accessways and fuel breaks, was repealed 4-6-1989 by Ord. No. 11-1989.

Scenic.

Setbacks and screening requirements for scenic corridors.

No development shall be located within 200 feet of the center line of a public paved road in the Pinelands Area, except for those roads which provide for internal circulation within a residentially developed area, unless environmental or other physical considerations make it impractical to do so; provided, however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor except in a cleared agricultural area. These requirements shall not apply to residential cluster developments in the R-17, R-3 and R-6 Districts which comply with the standards of § 190-50S.

[Amended 4-6-1989 by Ord. No. 11-1989; 12-19-2012 by Ord. No. 17-2012]

Notwithstanding the provisions of Subsection I(1)(a) above, all structures within 1,000 feet of the center line of the Rancocas Creek and the Mount Misery Branch within the Pinelands Area shall be designed to avoid visual impacts as viewed from the river.

Screening and storage of motor vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, 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. Draining vehicles shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes or for service stations which are proposed for use pursuant to § 190-56B of this chapter.

Location of utilities.

New utility distribution lines and telephone lines to locations not served by such utilities as of the date of this chapter shall be placed underground, except for those lines which are located on or immediately adjacent to active agricultural operations.

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

Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened in accordance with the vegetation requirements of Subsection C of this section.

[Amended 4-6-1989 by Ord. No. 11-1989]

Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in § 190-5D of this chapter unless such development complies with the following standards:

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

[Amended 4-6-1989 by Ord. No. 11-1989]

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

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

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

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

All dead plant material is removed.

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

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

All dead plant material is removed.

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

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

No pine tree (Pinus species) is closer than 25 feet to another pine tree.

All dead plant material is removed.

All structures shall meet the following specifications:

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

[Amended 4-6-1989 by Ord. No. 11-1989]

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

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

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

All proposed development or units or sections thereof of 25 dwelling units or more shall have two accessways of width and surface composition sufficient to accommodate fire-fighting equipment.

[Added 4-6-1989 by Ord. No. 11-1989]

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

[Added 4-6-1989 by Ord. No. 11-1989]

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

All dead plant material is removed.

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

There is a specific program for maintenance.

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

[Amended 4-11-1989 by Ord. No. 11-1989]

Historic resource preservation.

[Amended 4-6-1989 by Ord. No. 11-1989]

The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection L(5) below.

Authority to issue certificates of appropriateness.

The Planning Board shall issue all certificates of appropriateness except as specified in Subsection L(2)(b) below.

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

Certificates of appropriateness shall be required for the following:

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

Development not otherwise exempted from review pursuant to § 190-66A(2) of this chapter where a significant resource has been identified pursuant to Subsection L(5) below.

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

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

[Amended 4-3-1997 by Ord. No. 1-1997]

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:506.156(c) shall be followed by the Planning Board and Board of Adjustment.

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

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection L(7)(b) below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection L(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 governing body 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 4-3-1997 by Ord. No. 1-1997]

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

A narrative description of the resource and its cultural environment.

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

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

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

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

Pinelands development credits.

Pinelands development credits established.

[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989]

Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection M(1)(b) below, every parcel of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth Area District and in other portions of the Pinelands Area in special cases. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Amended 9-16-1993 by Ord. No. 11-1993]

Pinelands development credits are hereby established at the following ratios:

In the Preservation District:

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

[Amended 4-3-1997 by Ord. No. 1-1997]

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

Other uplands: one Pinelands development credit per 39 acres.

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

[Amended 4-3-1997 by Ord. No. 1-1997]

In the Agricultural Production, Agricultural Residential and Special Agricultural Production Districts:

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

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

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

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

Other wetlands: zero and two-tenths (0.2) Pinelands development credits per 39 acres.

The allocations established in Subsection M(1)(b) above shall be reduced as follows:

[Amended 9-16-1993 by Ord. No. 11-1993]

Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.

The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.

The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to § 190-50M(2)(b) below or when a variance for cultural housing is approved by the Township pursuant to § 190-50Q of this chapter.

The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 when a waiver of strict compliance is granted by the Pinelands Commission.

The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection M(1)(b) above.

Notwithstanding the provisions above, the owner of record of 0.1 or greater acres of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979 and has not been sold or transferred except to a member of the owner's immediate family.

[Amended 9-16-1993 by Ord. No. 11-1993; 4-3-1997 by Ord. No. 1-1997]

The provisions of Subsection M(1)(e) above shall also apply to owners of record of less than 0.1 acre of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections M(1)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.1 of an acre.

[Added 4-3-1997 by Ord. No. 1-1997]

Limitations on use of Pinelands development credits.

[Amended 4-6-1989 by Ord. No. 11-1989]

No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection M(5)(b) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.

[Amended 4-3-1997 by Ord. No. 1-1997]

Notwithstanding the provision of Subsection M(2)(a) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by zero and twenty-five hundredths (0.25) Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.

[Amended 9-16-1993 by Ord. No. 11-1993]

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

Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a Regional Growth District.

Recordation of deed restrictions.

[Amended 4-6-1989 by Ord. No. 11-1989]

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:

[Amended 9-16-1993 by Ord. No. 11-1993; 12-19-2012 by Ord. No. 17-2012; 8-7-2019 by Ord. No. 24-2019]

In the Preservation District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.

In the Special Agricultural Production District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; agricultural employee housing as an accessory use; fish and wildlife management; wetlands management; and accessory uses.

In the Agricultural Production District and Agricultural Residential District: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural products processing facilities; and accessory uses.

No development involving the use of Pinelands development credits shall be approved until the Pinelands Commission has certified that the Pinelands development credits proposed for use meet the requirements outlined in N.J.A.C. 7:50, Subchapter 5, Part 4.

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 190-66D and to the New Jersey Pinelands Development Credit Bank in accordance with N.J,A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6 prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Added 4-6-1989 by Ord. No. 11-1989; amended 9-16-1993 by Ord. No. 11-1993; 4-3-1997 by Ord. No. 1-1997; 7-12-2001 by Ord. No. 12-2001]

Pinelands development credits shall be used in the following manner:

[Added 4-6-1989 by Ord. No. 11-1989; amended 9-16-1993 by Ord. No. 11-1993]

To permit development of parcels of land in the R-I and R-A Districts according to the density and lot area requirements set forth in §§ 190-18 and 190-18.1 of this chapter.

When a variance of density or minimum lot area requirements for the R-60, R-80, R-96, R-200, R-1, R-I, R-A or MH Districts or for the Regional Growth Area of the R-3 District 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.

[Amended 4-3-1997 by Ord. No. 1-1997]

When a variance or other approval for a nonresidential use not otherwise permitted in the R-1 or R-A Districts is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 7-12-2001 by Ord. No. 12-2001]

When a variance or other approval for a residential use in the TC, HD or GI Districts or in the Regional Growth Area portion of the GCLI District is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 7-12-2001 by Ord. No. 12-2001]

When a variance for cultural housing is granted by the Township in accordance with § 190-50Q of this chapter.

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

When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV District 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.

[Added 4-3-1997 by Ord. No. 1-1997]

Energy conservation. All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.

[Added 5-6-1983 by Ord. No. 7-1983]

Air quality.

[Added 5-6-1983 by Ord. No. 7-1983; amended 4-6-1989 by Ord. No. 11-1989]

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

[Amended 4-3-1997 by Ord. No. 1-1997]

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

Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the Regional Growth Area; and

Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other part of the Pinelands Area.

Cultural housing. Residential dwelling units on lots of 3.2 acres may be permitted in any district in the Pinelands Area, provided that:

[Added 4-6-1989 by Ord. No. 11-1989; amended 4-3-1997 by Ord. No. 1-1997]

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

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

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

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

Additional provisions for cultural housing. Residential dwelling units on lots of 1.0 acre may be permitted within any district within the Pinelands Area, provided that:

[Added 9-16-1993 by Ord. No. 11-1993]

The applicant satisfies all of the requirements set forth in § 190-50P above.

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

The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirement set forth in § 190-50P above.

The applicant purchases and redeems twenty-five hundredths (0.25) Pinelands development credits.

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 190-50M(2)(b) of this chapter.

Density transfer program. Residential dwelling units on lots of at least 1.0 acre existing as of January 14, 1981, shall be permitted in the R-100, R-17 and R-6 Districts and in the Rural Development Area portion of the R-3 District, provided that:

[Added 9-16-1993 by Ord. No. 11-1993; amended 5-19-1994 by Ord. No. 4-1994]

The owner of the lot proposed for development acquires sufficient density transfer development rights (DTDR's) according to the following schedule so that the combination of land and development rights equals the required minimum lot area:

Within the R-100 and R-17 Districts, DTDR's shall be acquired from vacant land within either district in an amount equal to or more than the area needed to meet the minimum lot size requirement of 17 acres.

Within the R-6 District, DTDR's shall be acquired from vacant land in the R-6 District in an amount equal to or more than the area needed to meet the minimum lot size requirement of six acres. If DTDR's are acquired from vacant land in the Rural Development Area of the R-3 District, the combination of land and DTDR's must equal at least 3.6 acres.

Within the Rural Development Area of the R-3 District, DTDR's shall be acquired from vacant land in the Rural Development Area portion of the R-3 District in an amount equal to or more than the area needed to meet the minimum lot size requirement of 3.2 acres. If DTDR's are acquired from vacant land in the R-6 District, the combination of land and DTDRs must equal at least five acres.

If development is proposed in the R-100 District, all lands from which DTDRs are acquired pursuant to Subsection A(1) above are located within the R-100 or R-17 District.

If development is proposed in the R-17 District, all lands from which DTDRs are acquired pursuant to Subsection A(1) above are located within the R-100 or R-17 District.

If development is proposed in the R-3 District, all lands from which DTDRs are acquired pursuant to Subsection A(1) above are located within the Rural Development Area of the R-3 District or within the R-6 District.

If development is proposed in the R-6 District, all lands from which DTDRs are acquired pursuant to Subsection A(1) above are located within the R-6 District or within the Rural Development Area of the R-3 District.

All noncontiguous lands from which DTDRs are acquired pursuant to Subsection R(1) through (5) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

[Amended 12-19-2012 by Ord. No. 17-2012]

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

Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces, and any such uses or activities are approved and conducted in accordance with the requirements of this chapter.

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

For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;

For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;

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

The deed of restriction to be recorded pursuant to Subsection R[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided.

The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

If the owner of the lot proposed for development owns a sufficient amount of vacant noncontiguous land as of the effective date of this chapter, said lands may be used to meet the acreage requirements of Subsection R(1) above, without the need to purchase DTDRs. The requirements of Subsection R(2) through (5) above for the location of DTDRs must also be met for the location of noncontiguous lands, all of which shall be deed-restricted in accordance with Subsection R(6) above.

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

The lot proposed for development otherwise meets the minimum standards of § 190-50 of this chapter.

Residential cluster development in the R-17, R-3 and R-6 Districts. In the R-17, R-3 and R-6 Districts, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:

[Added 12-19-2012 by Ord. No. 17-2012]

Permitted density:

In the R-17 District: one unit per 17 acres.

In the R-3 District: one unit per 3.2 acres.

In the R-6 District: one unit per six acres.

The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection S(1) above, with a bonus applied as follows:

Parcel Size (acres)	R-3 District	R-6 District	R-17 District
<50	0	0	0
50-99.99	10%	15%	20%
100-149.99	15%	20%	25%
>150	20%	25%	30%

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

Is located proximate to existing roads;

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

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

Conforms with the minimum environmental standards of this article.

Development within the residential cluster shall be designed as follows:

Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;

The minimum yard and bulk requirements specified for clustered detached dwellings in the Schedules of Area and Yard Requirements shall apply;

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 190-50H(2)(d) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection S(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 190-50H(2)(e) or 190-50.3. Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 190-50H(2)(e) or 190-50.3 shall also be permitted;

The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and

Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.

The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Pemberton Township or incorporated as part of one of the lots within the cluster development area.

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

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

Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 190;

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

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection S(5)(b)[2][a] or [b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection S(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;

The deed of restriction to be recorded pursuant to Subsection S(5)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Burlington County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

For parcels which meet the standards of Subsection S(5)(b)[2][a] or [b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.

§ 190-50.1 Kennels.

[Added 9-15-1988 by Ord. No. 25-1988; amended 9-18-2013 by Ord. No. 17-2013]

Purpose. It is the purpose of this section to ameliorate certain personal hardships arising from the enactment of Article II of Ord. No. 15-1988,[1] which limits the number of dogs permitted on residential premises to four. The personal hardship is particularly pronounced with those individuals who have more than four dogs which they have either bred, raised, kept or keep for show. Therefore, this section is intended to permit such kennels in established zones and to establish certain regulations relating to the same.

Editor's Note: See Ch. 94, § 94-32.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT DOG

Any dog which has attained the age of seven months or which possesses a set of permanent teeth.

[Added 12-4-2013 by Ord. No. 22-2013]

BOARDING

The act of providing food and shelter to dogs, regardless of whether it involves an overnight stay, for a fee, at the request of the owner or caretaker.

[Added 12-4-2013 by Ord. No. 22-2013]

KENNEL

Any building, structure, premises or establishment in which more than four dogs are kept, harbored or maintained at any one time for breeding, boarding, grooming, sale and/or show purposes.

OWNER

When applied to the proprietorship of a dog, every person having a right of property in such dog and every person who has such dog in his/her keeping.

[Added 12-4-2013 by Ord. No. 22-2013]

Permitted use.

Establishment.

There is hereby established in the following zones within the Township of Pemberton authority to establish kennels, which shall be a permitted use accessory to the principal use in said zones:

AP Agricultural Production

AR Agricultural Residential

P Preservation

R-6 Residential

R-17 Residential

Any person desirous of operating or owning a kennel shall follow the procedures for obtaining approval of the use from the Township Planning Board as set forth in § 190-56(A)(1) through (4) of the Code of the Township of Pemberton.

Within the Residential R-6 and R-17 Districts, no kennel shall be permitted on a lot of less than one acre, where up to five dogs shall be permitted. The number of dogs kept may be increased to no more than 10 on two acres, and the number of dogs kept may be increased to no more than 15 on three acres. No more than 15 dogs shall be permitted in the R-6 and R-17 Zones. Within the Agricultural Production AP, Agricultural Residential AR and Preservation P Districts, the number of dogs for boarding purposes only may be increased to no more than five dogs per acre, and no more than 20 dogs shall be permitted in the AP, AR, and P Zones, the Township Council declaring that such constitutes a nuisance in terms of noise, odor and other concerns.

[Amended 12-4-2013 by Ord. No. 22-2013]

No kennel shall be permitted unless it is located on a lot upon which is also situated a principal residential use.

No kennel or facilities appertaining thereto (dog runs, housing facilities, training areas, etc.) shall be permitted within 50 feet of any adjoining property line, street, alley, governmental right-of-way or boundary of any type; and none shall be permitted in the front yard area of any lot. In areas where a kennel is proposed adjacent to an existing residential lot with a dwelling, the minimum setback distance shall be 100 feet.

All properties upon which kennels are located shall be properly buffered to minimize the noise created by the dogs. Buffer requirements shall be as directed by the appropriate reviewing agency in the course of its site plan review. However, each agency shall require, as part of its site plan review, that the applicant construct a six-foot stockade fence in order to minimize the noise created by the dogs. Only that part of the property which is allocable to the kennel activities themselves (dog run, training area, etc.) need be fenced and not the entire property. Additionally, there need not be a fence around any building which actually houses the dogs. Site plan review may not be waived.

All kennels shall be required to obtain minor site plan approval prior to licensure.

Standards of operation.

All kennels shall be required to comply with the provisions of the Rules and Regulations Governing the Operation and Maintenance of Kennels, Pet Shops, Shelters and Pounds, promulgated by the New Jersey State Department of Health, codified at N.J.A.C. 8:23-3.1 et seq., and all amendments and supplements thereto, which are incorporated herein by reference and made a part hereof. Enforcement shall be by the Director of Community Development or his/her designee.

[Amended 12-4-2013 by Ord. No. 22-2013]

Kennels shall not be open for the pickup or drop off of dogs before 7:30 a.m. or after 7:30 p.m., Monday through Friday, and before 8:30 a.m. or after 7:30 p.m. on weekends and holidays.

Each kennel must provide a sleeping area of at least 20 square feet per dog. Each kennel must provide an exercise area of at least 26 square feet for dogs up to 24 inches high at shoulder and 36 square feet for dogs in excess of 24 inches high at shoulder, which is separate from the bedding area and exclusive to the kennel, for free use by the dog at all times except at night.

[Amended 12-4-2013 by Ord. No. 22-2013]

Kennels must have a minimum height of six feet to facilitate adequate access by kennel staff for cleaning.

Kennels and exercise areas must open onto secure corridors or other secure areas so that dogs are unable to escape. Exercise areas must not be used as bedding areas.

Suitable bedding equipment must be provided which allows the dog to be comfortable and which is capable of being easily cleaned and sanitized. All bedding material must be maintained in a clean, parasite-free and dry condition.

Licensure.

No kennel may be owned or operated within the Township of Pemberton unless the owner thereof has obtained a license from the Township Clerk or other agent designated by the governing body.

The application shall be on a form approved by resolution of the governing body and shall include, at a minimum, the information required under N.J.S.A. 4:19-15.8, as well as proof that the applicant has received approval for the use from the local Planning or Zoning Board and, if conditional approval was received, that all conditions have been met.

The annual license fee for a kennel with 10 or fewer dogs shall be $10; and for more than 10 dogs, $25. This fee shall be in addition to the fees required under § 94-4 of the Code of the Township of Pemberton relating to license and registration fees for each dog.

The initial inspection fee for a kennel, regardless of the number of dogs, shall be $100 and shall be paid before a kennel can be licensed. The annual renewal fee for inspections shall be $25 and shall be paid with the annual license renewal. In the event that the inspection reveals deficiencies requiring reinspection, the licensee shall have 30 days to correct the problems. A fee of $25 shall be paid for each reinspection.

Licenses shall be issued annually and shall expire on June 30 of each year.

Enforcement. The terms of this section shall be enforceable by the Township's Animal Control Officer(s), Zoning Officer(s), Code Enforcement Officer(s), Health Officer(s) and/or any law enforcement officers of the Township of Pemberton.

Violations and penalties. Any person, firm or corporation who violates any of the terms of this section and who refuses to abate said violation within five days after written notice has been served upon him or it by regular and certified mail, return receipt requested, or personally shall, for each and every violation, be subject to a fine of not more than $1,000 or imprisonment for not more than 90 days or to community service for a period not to exceed 90 days. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this section without the need for additional notice.

Civil remedies. In the event that any kennel is constructed, erected, operated or used in violation of this section, the Township may institute an action to enjoin or take any other appropriate action or proceeding to prevent such use, including forfeiture of the license. In the further event that the Township prevails in such action or proceeding, the offending violator will be liable to reimburse the Township for its reasonable attorneys' fees and costs incurred in such proceeding.

§ 190-50.2 Telecommunications towers and antennas.

[Added 8-17-2000 by Ord. No. 9-2000[1]]

Permitted as conditional uses in nonresidential zones.

Subject to the conditions set forth in this section and to site plan approval, except as otherwise provided below, new telecommunications towers and antennas shall be permitted as conditional uses in all nonresidential zoning districts within the Township of Pemberton outside of the Pinelands Area, in all nonresidential zoning districts except the TC District in the Pinelands Regional Growth Area, in the developed portions of military and federal installation areas and on the following public owned properties: Block 812, Lot 9.02 (Township Municipal Complex); on the water tower on Block 117, Lot 46 (Township-owned water tower on Beech Street); and on the water tower on Block 941, Lot 2 and Block 773, Lots 3 and 4 (Stackhouse School water tower on Trenton Road owned by School Board). Further, towers shall be permitted as conditional uses in those areas authorized by the Pinelands Commission under the Comprehensive Plan for Wireless Communications Facilities in the Pinelands, (approved by the Pinelands Commission on September 11, 1998), and the PCS Phone Facilities Plan, (approved by the Pinelands Commission on January 14, 2000).

Telecommunications towers and antennas shall not be permitted in the AR Agricultural Residential District; AP Agricultural Production District; P Preservation District; R-60, R-80, R-96, R-100 and R-200 Single-Family and Two-Family Residential District; R-1 and R-3 Single-Family Residential Districts; R-1 Infill Single-Family Residential District; R-A Infill Residential District With Planned Retirement Community Conditional Use; R-6 Single-Family Residential District; R-17 Single-Family Residential District; MH Mobile Home Residential District; PV Pinelands Village Residential District; or TC Town Center District.

Preexisting towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this section (nonconforming wireless telecommunications tower) are subject to the following provisions:

Nonconforming wireless telecommunications towers may continue in use for the purpose now used, but may not be expanded (i.e., by increasing size or height or by adding additional users) without complying with this section.

Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. However, should the destruction or damage be determined by the Pemberton Zoning Board to be of such an extent that it is beyond the scope and intent of the "partial destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration will require compliance with this section.

The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade (but not expand such telecommunications tower or increase its height or reduce the setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.

General requirements for towers and antennas.

All local communications facilities subject to the provisions herein located within the Pinelands Area must meet the standards of the N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.

Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Pemberton Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with § 190-50.2A above shall be located in accordance with the following locations:

Existing towers. The first priority location shall be collocation on existing telecommunications towers used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of an electronic communication; provided, however, that locations which meet this criteria shall be subject to the design and citing components of this section, and collocation sites shall not become "antenna farms" or otherwise be deemed by the land use board to be visually obtrusive;

Publicly used structures. The second priority location shall be on land or structures owned by, in order of specific preference: the Township of Pemberton; the Board of Education of the Township of Pemberton; the County of Burlington; the State of New Jersey; any other state, county or local governmental agencies or bodies. These publicly used structures are preferred locations throughout the Township because they appear in many zoning districts, are disbursed throughout the Township and, due to their institutional or infrastructure uses, are generally similar in appearance to, or readily adaptable for, telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on a commercial or residential structure. Publicly used structures include, but are not limited to, facilities such as municipal buildings, police or fire stations, schools, libraries, community centers, civic centers, utility structures, water towers, elevated roadways, bridges, flag poles, clock or bell towers and light poles.

The third priority location shall be wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations, particularly where existing visual obstructions or clutter on the roof or along a roof line can and will be removed as part of the installation of the telecommunications facility.

The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the Pemberton Township area.

The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no such existing, suitable facility within the service area that could be utilized. Citation in a certified plan by the Pinelands Commission shall be evidence of the general need in the areas but not as to a specific site.

No application for construction of a new local communications facility tower in the Pinelands Area shall be considered unless the comprehensive plan governing such facilities has been approved by the Pinelands Commission.

Within the Pinelands Area, all new local communications facility towers shall be located within the area consistent with the service need for the facility, but in no case beyond a five-mile radius of the area specified in the comprehensive plan. The applicant will initially determine and demonstrate a technically feasible search area within this radius.

If the search area crosses the boundaries of the Pinelands Area or its management areas, the applicant shall seek to site the facility in accordance with the Pinelands Commissions' hierarchical policy for the specific siting of local communications facilities. This policy requires the following order of preferences:

Outside the Pinelands, and in accord with the locational priorities established in § 190-50.2C(2) above.

Pinelands regional growth areas, Pinelands towns and developed portions of military and federal installation areas.

Pinelands rural development areas, agricultural production areas, undeveloped portions of military and federal installation areas and Pinelands villages other than those expressly identified in N.J.A.C. 7:50-5.4(c)6.

Pinelands Preservation Area District special agricultural production areas, forest areas and the Pinelands villages expressly identified in N.J.A.C. 7:50-5.4(c)6, provided that the resulting site does not cause an increase in the number of new towers identified in a comprehensive plan approved by the Pinelands Commission for this management area group.

Within the P Preservation District and R-3, R-6, R-17 and R-100 Single-Family Residential Districts, new local communications facility towers which have been authorized through the Pinelands Commission's approval of a comprehensive plan shall only be sited in one of the following areas:

On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on state, county or municipal conservation lands, state recreation lands or county and municipal lands used for low-intensity recreational purposes.

On the parcel of an approved resource extraction operation, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.

On the parcel of an existing first aid or fire station.

On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.

In the event that more than one of the sites listed in Subsection C(7)(a) through (d) above exists within an area authorized for a new local communications facility tower, the applicant shall be required to address how such sites relate to the locational priorities in Subsection C(2) above.

Local communications facilities shall be located in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii-v to the extent feasible and consistent with other provisions contained herein. These standards require that:

Such facilities minimize visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:

Avoiding, to the maximum extent practicable, any direct line of sight from low-intensive recreation facilities and campgrounds.

Minimizing the length of time that an antenna structure is visible from publicly dedicated roads and highways.

Such facilities minimize visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer and setback requirements established elsewhere in this section.

Additionally, if multiple sites for new towers that meet all other qualifications are available, the site with the least visual impact should be selected; if only a single qualifying site is available, the best location on the site that meets all other standards must be used.

The design and construction of a new local communications facility towers shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise or hide local communications facilities towers so that they blend into the natural background to the extent possible.

Collocation policy.

Each applicant for a new telecommunications tower shall present documentary evidence regarding the need for wireless antennas within the Township of Pemberton. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Township.

An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocations sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing building or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer shall be paid from escrow funds supplied by the applicant.

Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Pemberton and surrounding areas with coverage in the Township, as well as any changes proposed within the following twelve-month period, including plans for new locations in the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, as amended, (hereinafter FTA) cannot be provided without the proposed tower.

Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:

How the proposed location of the telecommunications tower relates to the object of providing full wireless communications services within the Township of Pemberton area.

How the proposed location of the proposed telecommunications tower relates to the location of any existing antennas within and near the Pemberton Township area.

How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Pemberton Township area by the applicant and by other providers of wireless communications services within the Pemberton Township area.

How the proposed location of the proposed telecommunications tower relates to the objective of collocating the antennas of many different providers of wireless communications services on the same wireless telecommunications tower.

How its plans specifically relate to, and are coordinated with, the needs of all other providers of wireless communications service within the Pemberton Township area.

State or federal requirement. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency, in which case the latter scheduling will control. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Safety standards/building codes. To ensure the structural integrity of towers, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time and as may be published by the Electronics Industries Association, or such other agency or association having expertise in the field. Owners of towers shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity, said inspection shall be conducted by a qualified, independent engineer licensed to practice in the State of New Jersey, and the results of such inspection shall be provided, by way of written report, to the Township Council of the Township of Pemberton. Failure to undertake such inspection and/or provide the Township with the aforementioned report shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Tower setbacks. The following setback requirements shall apply to all telecommunications towers and antennas; provided, however, that the Planning Board may reduce the standard setback requirements of the section if the goals of the ordinance would be better served thereby; and, in the event any of the following provisions conflict with one another, then the more strenuous and stringent standards shall apply:

Towers shall meet the setbacks of the underlying zoning district with the exception of the industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Street Plan of the Township by a minimum distance equal to 1 1/2 of the height of the tower, including all antennas and attachments.

Towers shall not be located between a principal structure and a public street, with the following exceptions:

In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street; and

On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.

Towers must be set back a distance equal to 1 1/2 times the height of the tower from any off-site residential structure.

For antennas attached to the roof or a supporting structure on a roof top, a one to one setback ratio (example: ten-foot high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

A tower's setback may be reduced, or its location in relation to the public street varied, at the discretion of the Board, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light standard, tower line support device or similar structure.

Lot size. For purposes of determining whether the installation of a tower or antennas complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and such other requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located only on a portion of such lots.

Abandonment and removal.

Abandonment. Any telecommunications tower and equipment which are not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its costs. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna as set forth below.

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner must first apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna was a new tower or antenna.

Removal. When an owner of a telecommunications tower and antenna, who has been notified to remove same, fails to do so within 60 days of receipt of notice from the Township notifying the owner and/or operator of such abandonment and the need to remove same, then the Township may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of tower removal and site restoration. The amount of the bond shall have taken into consideration any cost escalation that may be reasonably anticipated.

Any delays by the Township in taking action under this clause shall not in any way waive the Township's right to take action.

Principal accessory and joint uses.

Accessory structures used in direct support of a telecommunications tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

Telecommunications towers may be located on sites containing another principal use in the same buildable area.

Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type pole is necessary for the collocation of additional antennas on the tower.

Additional submission requirements. A report from a qualified expert containing the following is required:

A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.

Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in their current adopted standards and revisions.

Indicates the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas.

Description of the tower's capacity, including the number and type of antennas that it can accommodate.

Statement detailing current FCC information concerning wireless telecommunications towers and radio frequency admission standards as well as information on the projected power density of the proposed facility and how it meets the FCC standards.

A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation.

Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site shall be submitted at the time of the application.

Visual impact study. A visual impact study, graphically simulating through models, computer enhanced graphics or similar techniques the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications tower where the wireless telecommunications tower will be most visible shall be submitted. Aerial photographs of the impact area shall also be submitted.

Design requirement. Telecommunications towers shall be a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment or is necessary for the collocation of additional antennas on the tower.

Aesthetics. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and built environment. The towers themselves shall be of a color appropriate to the tower's locational context so as to make it as unobtrusive as possible, unless otherwise required by the FAA. To the extent that any local communications facility or its supporting new tower extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with the sky.

Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

Landscaping.

Landscaping shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.

The following standards shall apply to clearing and landscaping for construction of a new local communications facilities:

Clearing of existing vegetation shall be the minimum necessary to allow for access to and operation of the facility.

The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas or public roads shall be partially screened at ground level from public view in the following manner:

One or more rows of evergreen trees, at least four feet in height when planted and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be spaced not more than seven feet apart around all lattice towers and any monopole more than 50 feet tall.

Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade, and spaced not more than 20 feet apart, shall be planted around the evergreen trees.

The screening shall be maintained and replaced as necessary while the facility is in service.

Lighting. No lighting is permitted except as follows:

Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.

No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

Height. The antenna and any supporting structure shall not exceed 200 feet in height, but, if a lesser height, shall be designed so that its height can be increased to 200 feet if necessary to accommodate other local communications facilities in the future.

Signs and advertising. No advertising is permitted on a telecommunications tower or accompanying facilities. Only signs for warning or equipment information shall be permitted on any portion of a tower or equipment building.

Fencing and other security devices. Telecommunications towers and equipment buildings in compounds shall be surrounded with security feature, including an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facilities; and shall be further surrounded with a security fence. Additional safety devices shall be permitted or required as needed, and as approved by the Board as may be necessary.

Noise. No equipment shall be operated so as to produce noise in excess of limits set by the Township's Noise Ordinance[2] except in emergency situations requiring the use of a backup generator.

Editor's Note: See Ch. 132, Noise.

Radio frequency emissions.

The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission, and telecommunications towers that meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the RF emissions from the local communications facility. Such measurements shall be made by a qualified technician, which shall certify that the measurements are within applicable limits.

Application requirements.

Preapplication conference. Early consultation by applicants with municipal officials and representatives of the Pinelands Commission is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the appropriate board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the board will meet with the applicant at the next regularly scheduled meeting of the board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and engineering drawings to inform the board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the board.

Site plan approval by the appropriate board shall be required before any new local communications facility may be erected. The following information shall be submitted to the appropriate board for its review:

A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; and setbacks from property lines.

Photos of the proposed site of the facility showing current conditions.

The setback distance from the nearest structure.

A map showing the location of all other local communications facility towers and other structures within the municipality as well as outside of the municipality within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures.

A landscape plan showing proposed landscaping.

The location and type of fencing, if applicable, and the type, location, color and power of any illumination.

An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a tower is proposed.

An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility.

If the proposed facility would be located within the Pinelands Area, a notarized statement indicating that the applicant will abide by the provisions of Exhibit 13 Collocation Opportunities for Wireless Providers in the Pinelands contained in the Comprehensive Plan for Wireless Communication Facilities in the Pinelands approved by the Pinelands Commission on September 11, 1998.

Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility (either by inclusion of the site in a Pinelands' certified plan or at any public meeting on the application) that the selected site meets their operational needs and space requirements for equipment sheds and the like.

(k)

Evidence that all notice procedures have been filed and, if the proposed facility would be located within the Pinelands Area, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4:34.

(l)

Computer simulation models, photographic juxtaposition or a similar technique shall be submitted in support of the application to show how the facility will appear on site and will be used by the appropriate board in determining conformance with the visual impact standards of this section. Such material will also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4.

(m)

Information required for all other standards of the land development code.

(n)

In the event that the collocation is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to the collocation, or that a new tower has less visual impact at an alternative site. The cost for such technical expert will be at the expense of the applicant.

Editor's Note: Article IV of this ordinance provides the following:

ARTICLE IV. PENALTY FOR VIOLATION OF ORDINANCE

Any person who attempts to erect or erects a telecommunications tower or antennas covered by this ordinance without having first obtained the necessary approvals, variances or building permits in the manner provided in this ordinance, shall be deemed in violation of this ordinance. Any responsible party or other persons convicted by a court of competent jurisdiction or violating any provision of this ordinance shall be punished by a fine not to exceed $1,000.00, or by imprisonment not to exceed 90 days, or by a sentence of community service not to exceed 90 days.

If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this ordinance, or without obtaining the required approvals or permits, or if any building, structure or land is used in violation of this article, the Township Solicitor, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use or to correct or abate such violations. Each and every day that such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues, shall be deemed a separate offence. In the event that the Township is successful in securing the judicial relief requested, then the owner and operator of the telecommunications tower shall be jointly and severally liable for the reasonable costs and attorneys fees incurred by the Township in the course of said action.

§ 190-50.3 Alternate design pilot program treatment system.

[Added 10-1-2003 by Ord. No. 19-2003]

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

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that 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 C below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to other sections of this chapter;

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;

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

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

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;

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

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;

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;

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 canceled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect that 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 8-7-2019 by Ord. No. 24-2019]

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 I 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 period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

[Amended 8-7-2019 by Ord. No. 24-2019[1]]

§ 190-50.5 Recreation facilities in planned unit developments, planned unit residential developments and/or residential clusters and Pinelands Area.

Editor's Note: This ordinance also repealed former Subsection L, which prohibited installation after August 5, 2007.

§ 190-50.4 As-built requirements.

[Added 11-3-2005 by Ord. No. 23-2005]

The applicant shall provide three sets of as-built plans conforming to the Township’s minimum as-built requirements. In addition to the three paper copies, the applicant must provide a disk or CD in AutoCAD form along with these submitted plans. The plans must be submitted on a twenty-four-inch by thirty-six-inch sheet and a scale of one inch equals 100 feet. All text must be clearly drawn, and at a minimum size of 0.07 inches and a maximum size of 0.10 inches.

The following information, where applicable, shall be each drawn on its own individual layer: water mains, water services/curb stops, hydrants/valves/blowoffs/etc., water main text, sanitary sewer mains, sanitary sewer laterals/cleanouts, sanitary sewer manholes, sanitary sewer text, storm drain pipes, storm drain manholes and inlets, storm drainage basins and swales, and storm drain text.

The plans must include that portion of the existing systems where the proposed system connects. The plans must be signed and sealed by a New Jersey land surveyor.

In order to ensure that the utilities have been properly installed, this Board shall require that the developer provide as-built drawings prepared in accordance with the requirements distributed with the approved plans and performance bond. The as-built drawings are to be included as a line item in the performance bond estimate and the performance guarantee shall not be released until the as-built drawings have been reviewed and approved.

The specific requirements for the as-built plans shall be set forth in a resolution containing a schedule of those requirements which shall be adopted by the Township Council as needed.

[Added 12-6-2006 by Ord. No. 23-2006; amended 6-3-2009 by Ord. No. 11-2009]

It is the general purpose and intent of the recreation requirements for planned unit developments, planned unit residential developments and/or residential clusters as defined in Subsection O and residential development in any Pinelands Area of the Township as defined in Subsection O that all such new residential developments provide recreational facilities as part of the overall recreation program of the Township; that passive and active recreation are of equal importance and both serve legitimate municipal health, safety and welfare purposes; that to the extent feasible, central recreation facilities owned and maintained by the Township are generally accessible to the majority of Township residents and active recreation be centrally located in close proximity to existing Township-owned recreation lands; and that the active recreation, designed or located such that the potential users of said facilities are limited to a certain development or portion thereof, be owned and maintained by private homeowners' associations.

For all planned unit developments, planned unit residential developments and/or residential clusters and all residential development in any Pinelands Area of the Township, the applicant shall propose adequate recreational facilities to serve the population of the development. The developer's recreation plans shall be submitted to the Planning Board or Zoning Board, as the case may be, for its review and approval. The Board will seek advice from other boards or advisory committees, and it shall be guided in its review of the needs of individual developments by the standards set forth herein and by the goals and objectives of the Master Plan. For the purposes of this section, the number of persons generated per development for recreational needs assessment purposes shall be determined as follows:

Residential unit types:

Single-family dwelling = 3.5 persons.

Townhouse/condominium = 2.75 persons.

Apartments = 2.25 persons.

Age-restricted and/or senior citizen housing: [NOTE: Units must be in an age-restricted/senior citizen community development to qualify for the lower "per-person" calculation. Assisted living facilities are exempt from recreational requirements.].

Single-family dwelling = two persons.

Townhouses = 2 persons.

Condominium/apartments:

One-bedroom = one person.

Two-bedroom = 1.5 persons.

Determining the need for recreation facilities in certain areas of the Township shall be as follows:

In determining the need for recreation facilities in all residential development in the Pinelands Area of the Township, the Township adopts the guidelines for recreation land and facilities as designated by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and regulated through the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq.

In determining the need for recreational facilities in planned unit developments, planned unit residential developments and residential clusters, the Township herein adopts community-wide standards for parks, open space and recreational facilities, as set forth by the National Recreation and Park Association (NRPA), latest published guidelines. The NRPA provides both "level of service" and "population-based" standards. The Township believes that the level-of-service approach is more appropriate for urbanized communities that serve larger and more diverse constituencies. Therefore, the Township has adopted the population-based standard, where the need assessment can be more easily determined, thereby providing the most efficient means to determine and plan for the recreational requirements of the Township. It has modified such population-based standards where, in the opinion of the Township and its planner, said modifications are appropriate based on the unique needs and characteristics of the Township, and the Township's operational and maintenance capabilities regarding recreational sites and facilities. The requirements under this section are as follows:

Recreational Needs
A Recreational Facility	B Ratio to Residents
Land:
Community park (a.k.a. district park or athletic complex)	10 acres per 1,000 people
Neighborhood park	2 acres per 1,000 people
Mini-park	0.5 acre per 1,000 people
Improvements:
Tennis	1 per 1,500 people
Baseball	1 per 3,000 people
Softball	1 per 3,000 people
Basketball	1 per 2,000 people
Bike/multi-use trails/paths	1 per 1,000 people
Soccer	1 per 1,500 people
Softball	1 per 10,000 people
Volleyball	1 per 4,000 people
Street hockey	1 per 8,000 people
Tot lot equipment	1 per 1,000 people

* Recreation facilities for age-restricted/senior citizen community developments shall meet the specific recreational needs of the residents of the communities. Not less than three acres of open space should be reserved for development of clubhouse facilities, swimming pools, tennis courts, jogging areas, etc.

In order to provide for the safety and general welfare of the public, all planned unit developments, planned unit residential developments and/or residential clusters and all residential development in the Pinelands Area of the Township shall set aside areas for off-street recreation and/or play areas. The recreation areas required in this section shall not include easements, stormwater controls, detention facilities or right-of-way areas. The Planning Board or Zoning Board, as the case may be, shall review the submitted common open space plan in the context of the particular development proposal, the particular characteristics of the subject land area, and the ability, desirability and practicality of relating the proposed recreational facilities to adjacent and nearby lands. In any case, the lands shall be improved as may be necessary to best suit the purpose(s) for which they are intended.

In the designation of the required open space and the uses proposed thereon, the developer shall be guided by the following:

Common open space to be administered by a homeowners' association shall be distributed throughout the proposed development so that as many residential dwelling units as are practicable abut and have direct access to the common open space.

The protection of environmentally fragile and important resource land areas such as aquatic buffer areas, five-hundred-year floodplain and treed acreage is a high priority.

Recreational sites shall be contiguous, useful and usable parcels and not small, fragmented and isolated pieces of land.

Any area which is specifically required and designated for active recreational purposes shall be fully usable for that purpose and shall have all improvements required by this section. All recreation areas and facilities shall be designed in accordance with the Americans with Disabilities Act.

Should the proposed development consist of a number of development stages, the Planning Board or Zoning Board, as the case may be, may require that passive recreation acreage proportionate in size to the development stage being considered for final approval for that particular development stage, even though these lands may be located in a different section of the overall development.

Passive recreation areas may be offered by deed to the Township or dedicated as common open space to a homeowners' association or other open space organization.

If the applicant proposes that the open space shall be dedicated to the Township, the Planning Board or Zoning Board, as the case may be, shall forward such request with its recommendation to the Township Council prior to the granting of preliminary approval of any development application containing the subject passive recreation area.

All passive recreation areas not offered to and/or not accepted by the Township shall be owned and maintained by a homeowners' association or other passive recreation organization as provided in N.J.S.A. 40:55D-43. Such organization shall not be dissolved, nor shall it dispose of any common open space by sale or otherwise.

The Board may require a developer to make certain site preparation improvements to the passive recreation areas. These may include the following:

Removal of dead trees or diseased trees.

Thinning of trees or other growth to encourage more desirable growth.

Grading and seeding.

Improvements of protection of the natural drainage system by the use of protective structures, stabilization measures and similar improvements.

Development of recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with the subsection, the Planning Board shall require the approval of an open space and recreational amenity phasing map which shall become part of an overall phasing plan and approval for any subdivision, planned and/or clustered development.

(Reserved)

All low- and moderate-income residential developments approved as part of the adopted Housing Plan Element of the Master Plan and complying with all Council on Affordable Housing requirements are exempt from the requirements of this section.

Site plans and details for all recreation facilities for all proposed planned unit developments, planned unit residential developments and/or residential clusters and all residential development in the Pinelands Area of the Township shall be reviewed and approved by the Planning/Zoning Board professional staff. Facilities shall be designed in accordance with applicable standards governing the particular recreational facility proposed.

The following minimum standards apply to all recreation areas in planned unit developments, planned unit residential developments and/or residential clusters and all residential development in the Pinelands Area of the Township:

All recreation facilities shall be designed with minimum grades to facilitate access by people with handicapping conditions in accordance with ADA standards.

Concrete and bituminous sidewalks, not less than five feet wide, shall be constructed to connect recreation facilities with adjacent parking lots and residential sidewalks. Buffer trees and maintenance-free ground cover shall be placed in the open space access area when the sidewalk is contained in an open space access less than 50 feet wide and is between residential lots. Such sidewalks shall be constructed to the actual playing facility and spectator areas.

Four-inch concrete pads shall be placed under all benches and picnic tables and extend four feet out on the three sides and one foot to the rear to provide a stable area for wheelchairs, to reduce lawn maintenance and to provide a continuous connection to the walkways.

Evergreen buffer plantings shall be provided wherever necessary to create a visual and noise barrier between adjacent residential dwellings, as approved by the Planning Board/Zoning Board.

Landscaping of recreation areas shall be with maintenance-free plant material as approved by the Planning/Zoning Board professional staff.

All facilities shall be designed in accordance with barrier-free design regulations.

The following standards shall be followed for designing facilities to meet the needs of handicapped persons:

Provide handicapped parking stalls with ramps.

Provide barrier-free routes of travel with no obstructions and minimal grade changes.

Plantings next to walkways shall be species selected that will not interfere with handicapped travel.

All routes of travel, pedestrian and vehicular, shall be illuminated wherever use after dark is anticipated. Lighting intensity and design to be approved by the Planning/Zoning Board professional staff.

The quantity and location of gate openings shall be as determined by the Planning/Zoning Board professional staff. Gate handles shall be located 32 inches from the ground, and sixteen-inch-high metal kickplates shall be provided across the entire width of the gate.

Stormwater management areas shall be designed for recreation areas in accordance with New Jersey's Stormwater Management rules (N.J.A.C. 7:8) and The New Jersey Stormwater Best Management Practices Manual. All facilities shall be approved by the Township Engineer.

All recreation structures, equipment, facilities and surface materials will be purchased, built and installed and per ASTM standards and follow CPSC guidelines.

Surface materials shall include certified triple-shredded mulch PEA gravel or unitary surfacing material (no sand will be permitted).

All surface materials installed shall also have a means of containment around the play zone.

Every effort shall be made to not use chain link fence to separate a play area or entire recreation facility. Split-rail fencing and natural vegetation/evergreen buffer shall be used.

PLANNED UNIT DEVELOPMENT, PLANNED UNIT RESIDENTIAL DEVELOPMENT and RESIDENTIAL CLUSTER

Proper shading shall be provided near the play area especially over sitting areas found at the perimeter.

Definitions. For purposes of this section, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:

PINELANDS AREA

All land in the Township of Pemberton under the jurisdiction of the Pinelands Commission as designated by the Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and regulated through the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1 et seq., as further acknowledged in the Zoning Code of the Township of Pemberton.

Have the meanings as defined by N.J.S.A. 40:55D-6 of the Municipal Land Use Law.

§ 190-50.6 Bikeways standards and regulations.

[Added 6-28-2006 by Ord. No. 7-2006; amended 12-17-2008 by Ord. No. 21-2008]

Pedestrian links via bikeways, bike lanes, bike paths or sidewalks shall be required. The location of pedestrian links in the form of bikeways, bike lanes or bike paths will depend on the probable volume of bicycle traffic, the site's location with relation to other populated areas or its location with respect to any overall bike route as shown on the Circulation Plan Map within the adopted Master Plan and Official Map adopted by the Township. Bicycle traffic should be separated from motor vehicle and pedestrian traffic if so required in the Residential Site Improvement Standards. Where separate bikeways or bike paths are constructed, they should be a minimum of eight feet wide and shall be constructed in accordance with the New Jersey Site Improvements Standards and the New Jersey Department of Transportation Planning and Design Guidelines for Bicycle Compatible Roadways and Bikeways. For nonresidential development where bikeways are required, the RSIS and DOT standards, supplemented as needed by the Standard Construction and Detail Sheets of the Township, shall be used. The width of the bikeway may be decreased to less than eight feet if found necessary by the approving agency, upon a review of the particular site conditions and a report of the Planning/Zoning Board Engineer. Where striped bike lanes are permitted, they shall be constructed as per the New Jersey Site Improvements Standards.

§ 190-50.7 Sidewalk standards and regulations.

[Added 6-28-2006 by Ord. No. 8-2006; amended 12-17-2008 by Ord. No. 22-2008]

In all residential developments, sidewalks or bikeways are required, in concert with the New Jersey Site Improvement Standards (RSIS). Sidewalks shall be installed in those locations where the RSIS standards call for sidewalks and in locations as identified on the Circulation Plan Map within the adopted Master Plan and Official Map adopted by the Township. Sidewalks shall be at least four feet wide and shall be concrete. All sidewalks shall be constructed in accordance with the RSIS and, as appropriate, the Standard Construction Detail Sheets as promulgated by the Planning/Zoning Board Engineer and adopted by the Township in accordance with law. All bikeways shall be constructed in accordance with § 190-50.5 of the Code of the Township of Pemberton.

Sidewalks along nonresidential streets shall be required if the Planning/Zoning Board determines that they are needed, based on the Master Plan and the recommendations of the Board Engineer and Planner. This will include but not be limited to the issue of sidewalks on each side of the street or road.

§ 190-50.8 Off-tract improvements standards and regulations.

[Added 6-28-2006 by Ord. No. 9-2006; amended 12-17-2008 by Ord. No. 23-2008]

Required improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements, and/or water, sewerage and drainage facility improvements, and any necessary easements therefor located outside the property limits of the subject premises but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development in accordance with N.J.S.A. 40:55d-42. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments. "On-site" and "off-tract" refer to the obligations imposed upon a development pursuant to the Municipal Land Use Law to provide certain services adjacent to the development site. The obligations imposed under this section assume that the obligation belongs to the developer and assesses special off-tract improvements which are needed for the development of the site but which expenses would not otherwise be the direct responsibility of the developer.

Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is reasonably related to and/or created by the proposed subdivision or development, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Pemberton or Burlington County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

General standards for other improvements. In cases where the need for any off-tract improvements to be implemented now or in the future is reasonably necessitated by the proposed development application, and where it is determined that properties outside the development also will be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of the Township of Pemberton or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:

Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, truck and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Pemberton Township sewer design standards, including infiltration standards.

Developer's pro rata.

The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges, including but not limited to capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:

Developer's Prorated Share	=	Development gpd
———————————		———————————
Total Enlargement or Improvement Cost		Total Tributary gpd

If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:

Developer's Prorated Share	=	Development Tributary gpd
———————————		———————————
New System Total Project Cost		Total Tributary gpd to New System

A feasibility study for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan application. Specific plans and details are required at the time an application is filed for final site plan or subdivision approval. The total cost for the improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board or Zoning Board, as the case may be, with any reasonable adjustments to the estimated costs, at the time when final approval of the application for development is granted.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

The applicant's engineer shall provide the Planning/Zoning Board Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

Developer's Prorated Share	=	Additional Peak-Hour Traffic Generated by the Development
———————————		———————————
Total Cost of Roadway Improvement and/or Extension		Future Total Peak-Hour Traffic

A feasibility study for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan application. Specific plans and details are required at the time an application is filed for final site plan or subdivision approval. The total cost for the improvement and/or extension and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board or Zoning Board, as the case may be, with any reasonable adjustments to the estimated costs, at the time when final approval of the application for development is granted.

Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's prorated share shall be determined as follows:

The capacity and design of the drainage system to accommodate stormwater runoff shall be computed by the developer's engineer and approved by the Planning/Zoning Board Engineer and shall be based on a method either described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service, USDA, January 1986, as amended, or as described in American Society of Civil Engineers Manuals and Reports on Engineering Practice No. 37, 1974, as amended, or as otherwise approved by the Township Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Planning/Zoning Board Engineer. The plans for the improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged system shall be calculated by the Planning/Zoning Board Engineer. The prorated share for the proposed improvement shall be computed as follows.

A feasibility study for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan applications. Specific plans and details are required at the time an application is filed for final site plan or subdivision approval. The total cost for the enlargement or improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when final approval of the application for development is granted.

Water.

Regarding all nonresidential developments and all planned developments, and regarding subdivisions where public water is accessible, water mains shall be constructed and connected to the existing public water supply systems by the applicant at the applicant's sole expense and in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to its approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system (with no dead-end lines) whenever reasonable in accordance with RSIS, N.J.A.C. 5:21-5.3(b). For purposes of this section regarding subdivisions, "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet calculated by multiplying the number of lots in the proposed subdivision by 200; or, in the case of subdivisions in which more than 15 lots are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main.

Where no public water is accessible to a subdivision, as defined hereinabove, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled-type with a minimum 100 feet of casing where possible, or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the County Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Board of Health that he/she has complied with all applicable state, county and local regulations.

Where no public water is accessible to a subdivision, as defined hereinabove, the applicant shall also deposit funds in escrow with the Township of Pemberton in an amount equal to the cost of connecting the subdivision to an existing public water supply system, calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including but not limited to materials, installation, taxes, appurtenances and surcharges, if any.

In lieu of depositing the aforesaid escrow funds, the applicant may, at his/her option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined hereinabove.

In all development projects, sufficient capacity must be supplied for fire suppression in accordance with Fire Marshal requirements, IO Standards, or other criteria to be supplied by the appropriate fire officials on behalf of Pemberton Township.

A feasibility study for the improved water system or extended water system shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board, as the case may be, during the time period when the Board is reviewing the proposed or pending subdivision and/or site plan applications. Specific plans and details are required at the time an application is filed for final site plan or subdivision approval. The total cost for the enlargement or improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Planning/Zoning Board Engineer, and approved by the Planning Board, with any reasonable adjustments to the estimated costs, at the time when final approval of the application for development is granted.

Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Pemberton in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. It is the responsibility of the developer to provide a written request to the attention of the Township Clerk to request a return of the deposit or letter of credit. The Township of Pemberton shall have 90 days upon the receipt of the developer's request to elect to proceed with the off-tract improvement. An off-tract improvement shall be considered begun if the Township of Pemberton has taken legal steps to provide for the design and financing of such improvements.

Referral to the Township Council.

Where application for development suggests the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the Planning Board or Zoning Board, as the case may be, shall forthwith forward to the Township Council a list and description of all such improvements, together with a request that the Township Council determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Council determination or the expiration of the 90 days after the forwarding of such list and description to the Township Council without determination having been made, whichever comes sooner.

The Township Council, within 90 days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

In the event that the Planning Board or Zoning Board, as the case may be, is required by statute to act upon the application prior to receipt of the Township Council's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act of sufficient duration to enable the Township Council to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board, as the case may be, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the Township Council.

Implementation of off-tract improvements.

In all cases, developers shall be required to enter into an agreement or agreements with the Township Council in regard to off-tract improvements in accordance with this section and any other ordinances, policies, rules and regulations of the Township of Pemberton, Burlington County, and the State of New Jersey and any departments, authorities or agencies thereof. In all cases, developers shall be required to enter into an agreement or agreements with the Township Council in regard to off-tract improvements prior to the signing of plats. Should such an agreement or agreements not be entered into within the aforesaid one-year time period or within such extended time period as may be granted by the Township Council, the municipal subdivision and/or site plan approval shall be deemed null and void.

Where properties outside the subject tract will be benefited by the improvements, the Township Council may require the applicant to escrow sufficient funds, in accordance with this section, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

Where properties outside the subject tract will benefit by the improvements, the Township Council may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Council shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Council may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby; and the subdivider or developer shall be liable to the municipality for such expense.

If the Township Council shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure; and, in addition, the Township Council may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, for the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement, as the same may be determined by the Board of Improvement Assessors.

If the Township Council shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this section and any other rules, regulations or policies of the Township of Pemberton, County of Burlington, and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Council and the applicant.

In determining procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Council shall be guided by the following standards and considerations:

The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;

The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and

The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.

§ 190-50.9 Stormwater control for non-Pinelands areas.

[Added 12-6-2006 by Ord. No. 24-2006; amended 10-17-2007 by Ord. No. 15-2007; 3-3-2021 by Ord. No. 5-2021]

Scope and purpose.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by the Township of Pemberton.

Compatibility with other permit and ordinance requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

CAFRA CENTERS, CORES OR NODES

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DEVELOPMENT

EMPOWERMENT NEIGHBORHOODS

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including, but not limited to, stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or

A combination of Subsection B(1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection B(1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

A net increase in motor vehicle surface; and/or

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

Designated as CAFRA centers, cores or nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17), and (18):

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17), and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17), and (18) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17), and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17), and (18) that were not achievable on-site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Cistern	0%	Yes	No	—
Dry well^(a)	0%	No	Yes	2
Grass swale	50% or less	No	No	2^(e) 1^(f)
Green roof	0%	Yes	No	—
Manufactured treatment device^(a)(g)	50% or 80%	No	No	Dependent upon the device
Pervious paving system^(a)	80%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small scale bioretention basin^(a)	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80%	Yes	Yes	2
Small-scale sand filter	80%	Yes	Yes	2
Vegetative filter strip	60% to 80%	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found after Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Bioretention system	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80%	Yes	Yes	2
Sand filter^(b)	80%	Yes	Yes	2
Standard constructed wetland	90%	Yes	No	N/A
Wet pond^(d)	50% to 90%	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found after Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% to 60%	Yes	No	1
Manufactured treatment device^(h)	50% or 80%	No	No	Dependent upon the device
Sand filter^(c)	80%	Yes	No	1
Subsurface gravel wetland	90%	No	No	1
Wet pond	50% to 90%	Yes	No	N/A

Notes to Tables 1, 2, and 3:
^(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
^(b)	Designed to infiltrate into the subsoil;
^(c)	Designed with underdrains;
^(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
^(e)	Designed with a slope of less than 2%;
^(f)	Designed with a slope of equal to or greater than 2%;
^(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
^(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).

Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Burlington County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Burlington County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.

(15)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area (acres)
Dry well	1
Manufactured treatment device	2.5
Pervious pavement systems	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5
Small-scale infiltration basin	2.5
Small-scale sand filter	2.5

To satisfy the stormwater runoff quantity standards at Subsection D(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7), may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18).

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17), and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

(16)

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(16)(d) below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS percent load removal from application of both BMPs.
A	=	the TSS percent removal rate applicable to the first BMP.
B	=	the TSS percent removal rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17), and (18).

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as "FW1."

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s), such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the soil conservation districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each soil conservation district is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf; or

The New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures, such as, but not limited to, those listed in Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to: the Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

The standard in subsection G(1)(a) above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1].

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit three paper copies and one copy on compact disk of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection I(3) of this section.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided. A written historic description of how the site has been evaluated in accordance with the definition of "major development" as defined in Section B of this section.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to a fine of not less than $100 but not more than $1,000 and/or sentencing to a period of not more than 90 days in jail. Every continuous day that a violation takes place shall be considered a separate occurrence.

Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

Effective date. This section shall be in full force and effect from and after its adoption and any publication as required by law.

§ 190-50.10 Stormwater control for Pinelands areas.

[Added 12-6-2006 by Ord. No. 25-2006; amended 10-17-2007 by Ord. No. 16-2007; 5-3-2023 by Ord. No. 9-2023]

Scope and purpose.

Policy statement. Flood control, groundwater recharge, erosion control and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (BMPs) and nonstructural stormwater management strategies. Green infrastructure BMPs and low-impact development should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. Green infrastructure BMPs and low-impact development should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge contained in this section.

Purpose. The purpose of this section is to establish, within the Pinelands Area portion of Pemberton Township, minimum stormwater management requirements and controls as authorized by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and the New Jersey Department of Environmental Protection (NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in this section are intended to minimize the adverse impact of stormwater runoff on water quality and water quantity, to facilitate groundwater recharge, and to control and minimize soil erosion, stream channel erosion, sedimentation and pollution associated with stormwater runoff. Moreover, Pinelands Area resources are to be protected in accordance with the antidegradation policies contained in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally, this section is intended to ensure the adequacy of existing and proposed culverts and bridges and to protect public safety through the proper design and operation of stormwater BMPs. If there are any conflicts between a provision required by the Pinelands CMP and a provision required by the NJDEP, the Pinelands CMP provision shall apply.

Applicability.

The terms "development," "major development" and "minor development" are defined in § 190-50.10B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).

This section shall apply within the Pinelands Area to all major development, and to minor development meeting the following criteria:

Development involving the construction of four or fewer dwelling units;

Development involving any nonresidential use and resulting in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

Development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period. For development meeting this criterion, the stormwater management standards for major development set forth in this section shall apply.

This section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Pemberton Township.

Except as provided in § 190-50.10J, the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.

Compatibility with other permit and ordinance requirements.

CONTRIBUTORY DRAINAGE AREA

In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Pemberton Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Pemberton Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Pinelands Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP.

COMPACTION

The increase in soil bulk density.

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

COUNTY REVIEW AGENCY

An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

A change in type of use of a structure or land;

A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

Commencement of resource extraction or drilling or excavation on a parcel of land;

Demolition of a structure or removal of trees;

Commencement of forestry activities;

Deposit of refuse, solid or liquid waste or fill on a parcel of land;

In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

Alteration, either physically or chemically, of a shore, bank, or flood plain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

ENVIRONMENTALLY CRITICAL AREA

In the case of development on agricultural land, i.e. lands use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

DRAINAGE AREA

A geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the NJDEP Landscape Project as approved by the NJDEP Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HIGH POLLUTANT LOADING AREAS

Storing stormwater runoff for reuse.

Areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with NJDEP approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities.

HUC 14 OR HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

HUC-11 OR HYDROLOGIC UNIT CODE 11

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an eleven-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE — Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210

Engineering, 210-3-1

Small Watershed Hydrology (WINTR-55) Version 1.0, incorporated herein by reference, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.ht ml or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.

INFILTRATION

The process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

MINOR DEVELOPMENT

All development other than major development.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL OR BMP MANUAL

The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 190-50.10C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

A net increase in motor vehicle surface; and/or

SEASONAL HIGH WATER TABLE

The total area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

SOURCE MATERIAL

Any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

STORMWATER

STORMWATER MANAGEMENT BMP

STORMWATER MANAGEMENT MEASURE

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLAND TRANSITION AREA

An area within 300 feet of any wetland.

WETLANDS OR WETLAND

Lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands

A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.

Stormwater management requirements.

Stormwater management measures for development regulated under this section shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control and stormwater runoff quality treatment in accordance with this section.

Major development shall meet the minimum design and performance standards for erosion control established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90 and 16:25A.

All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 190-50.10C(15), (16), and (17) by incorporating green infrastructure as provided at § 190-50.10C(14).

All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 190-50.10I.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 6.33.

Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 190-50.10C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the NJDEP website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 190-50.10C(8)(b), unless otherwise noted.

Table 1: Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (Percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (Feet)
Cistern	0	Yes	No	—
Dry well^(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2^(e)
				1^(f)
Green roof	0	Yes	No	—
Manufactured treatment device^(a),(g)	50 or 80	No	No	Dependent upon the device
Pervious paving system^(a)	80	Yes	Yes^(b)	2^(b)
			No^(c)	2^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b)	2^(c)
			No^(c)	1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small-scale sand filter^(a)	80	Yes	Yes	2
Vegetative filter strip	60 to 80	No	No	—

Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (Percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (Feet)
Bioretention system	80 or 90	Yes	Yes^(b)	2^(b)
			No^(c)	1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	2⁽ⁱ⁾
Wet pond^(d)	50-90	Yes	No	2⁽ⁱ⁾

Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (Percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (Feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40 to 60	Yes	No	2
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	2
Subsurface gravel wetland	90	No	No	2
Wet pond	50 to 90	Yes	No	2⁽ⁱ⁾

Footnotes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 190-50.10C(14)(b).
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains, where stormwater percolates into the underdrain through the soils and is not directed to the underdrain by an outlet control structure.
(d)	Designed to maintain at least a ten-foot wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)	Designed with a slope of less than 2%.
(f)	Designed with a slope of equal to or greater than 2%.
(g)	Manufactured treatment devices that meet the definition of green infrastructure at § 190-50.10B.
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at § 190-50.10B.
(i)	The top elevation of the impermeable layer or liner must maintain this two-foot minimum separation to the seasonal high water table.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 190-50.10E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 190-50.10C(14) only if the measures meet the definition of green infrastructure at § 190-50.10B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 190-50.10C(14)(b) are subject to the contributory drainage area limitation specified at § 190-50.10C(14)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 190-50.10C(14)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with § 190-50.10J is granted from § 190-50.10C(14).

Hydraulic impacts.

For all major development, groundwater mounding analysis shall be required for purposes of assessing the hydraulic impacts of mounding of the water table resulting from infiltration of stormwater runoff from the maximum storm designed for infiltration. The mounding analysis shall provide details and supporting documentation on the methodology used. Groundwater mounds shall not cause stormwater or groundwater to breakout to the land surface or cause adverse impacts to adjacent water bodies, wetlands, or subsurface structures, including, but not limited to, basements and septic systems. Where the mounding analysis identifies adverse impacts, the stormwater management measure shall be redesigned or relocated, as appropriate.

For all applicable minor development, a design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development shall be required.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; wetland transition areas; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures designed to infiltrate stormwater shall be designed, constructed, and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of infiltration and the seasonal high water table;

Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one and 20 inches per hour. A factor of safety of two shall be applied to the soil's permeability rate in determining the infiltration measure's design permeability rate. If such soils do not exist on the parcel proposed for development or if it is demonstrated that it is not practical for engineering, environmental, or safety reasons to site the stormwater infiltration measure(s) in such soils, the stormwater infiltration measure(s) may be sited in soils verified by testing to have permeability rates in excess of 20 inches per hour, provided that stormwater is routed through a bioretention system prior to infiltration. Said bioretention system shall be designed, installed, and maintained in accordance with the New Jersey Stormwater BMP Manual;

The use of stormwater management measures that are smaller in size and distributed spatially throughout a parcel, rather than the use of a single, larger stormwater management measure shall be required;

Methods of treating stormwater prior to entering any stormwater management measure shall be incorporated into the design of the stormwater management measure to the maximum extent practical;

To avoid sedimentation that may result in clogging and reduction of infiltration capability and to maintain maximum soil infiltration capacity, the construction of stormwater management measures that rely upon infiltration shall be managed in accordance with the following standards:

No stormwater management measure shall be placed into operation until its drainage area has been completely stabilized. Instead, upstream runoff shall be diverted around the measure and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with N.J.A.C. 2:90;

If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(18)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and

To avoid compacting the soils below a stormwater management measure designed to infiltrate stormwater, no heavy equipment, such as backhoes, dump trucks, or bulldozers shall be permitted to operate within the footprint of the stormwater management measure. All excavation required to construct a stormwater management measure that relies on infiltration shall be performed by equipment placed outside the footprint of the stormwater management measure. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed. Earthwork associated with stormwater management measure construction, including excavation, grading, cutting, or filling, shall not be performed when soil moisture content is above the lower plastic limit;

Dry wells shall be designed to prevent access by amphibian and reptiles;

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 190-50.10C(16)(d). For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 190-50.10G(3)(a);

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 190-50.10G; and

(k)

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this Section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 190-50.10B may be used only under the circumstances described at § 190-50.10C(14)(d).

Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 190-50.10C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 190-50.10C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or this Section shall be reflected in a deed notice recorded in the Burlington County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 190-50.10C(14), (15), (16), and (17) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 190-50.10I(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or this section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 190-50.10C(15), (16), and (17) and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Burlington County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(12) above.

(14)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards of this Section.

To satisfy the groundwater recharge and stormwater runoff quality standards at § 190-50.10C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 190-50.10C(5) and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement system	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at § 190-50.10C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 190-50.10C(5) and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6).

If a variance in accordance with § 190-50.10J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 190-50.10C(5) and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 190-50.10C(15), (16), and (17).

(15)

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

For all major development, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated onsite.

For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by a ten-year, twenty-four-hour storm shall be retained and infiltrated through installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater management measures include, but are not limited to dry wells, pervious pavement systems, and small scale bioretention systems, including rain gardens.

For minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces, the water quality design storm volume generated from these surfaces shall be recharged onsite.

Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 190-50.10C(16)(h).

(16)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of:

Major development;

Minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

Any development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 190-50.10C(16)(d) as follows:

80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(16)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

Table 4: Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.0083	45	0.2	85	1.117
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.235	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.0166	50	0.2583	90	1.15
11	0.01828	51	0.2783	91	1.155
12	0.01996	52	0.2983	92	1.16
13	0.02164	53	0.3183	93	1.165
14	0.02332	54	0.3383	94	1.17
15	0.025	55	0.3583	95	1.175
16	0.03	56	0.4116	96	1.18
17	0.035	57	0.465	97	1.185
18	0.04	58	0.5183	98	1.19
19	0.045	59	0.5717	99	1.195
20	0.05	60	0.625	100	1.2
21	0.055	61	0.6783	101	1.205
22	0.06	62	0.7317	102	1.21
23	0.065	63	0.785	103	1.215
24	0.07	64	0.8384	104	1.22
25	0.075	65	0.8917	105	1.225
26	0.08	66	0.9117	106	1.2267
27	0.085	67	0.9317	107	1.2284
28	0.09	68	0.9517	108	1.23
29	0.095	69	0.9717	109	1.2317
30	0.1	70	0.9917	110	1.2334
31	0.1066	71	1.0034	111	1.2351
32	0.1132	72	1.015	112	1.2367
33	0.1198	73	1.0267	113	1.2384
34	0.1264	74	1.0383	114	1.24
35	0.133	75	1.05	115	1.2417
36	0.1396	76	1.0568	116	1.2434
37	0.1462	77	1.0636	117	1.245
38	0.1528	78	1.0704	118	1.2467
39	0.1594	79	1.0772	119	1.2483
40	0.166	80	1.084	120	1.25

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS percent load removal from application of both BMPs, and
A	=	the TSS percent removal rate applicable to the first BMP.
B	=	the TSS percent removal rate applicable to the second BMP.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 190-50.10C(16)(d). In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 190-50.10C(15), (16), and (17).

For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 190-50.10C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.

In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 190-50.10B, the following additional water quality standards shall apply:

The areal extent and amount of precipitation falling directly on or flowing over HPLAs and/or areas where stormwater is exposed to source material shall be minimized through the use of roof covers, canopies, curbing or other physical means to the maximum extent practical in order to minimize the quantity of stormwater generated from HPLA areas and areas where stormwater runoff is exposed to source material;

The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from co-mingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;

The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 190-50.10C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3][a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:

Any measure designed in accordance with the New Jersey Stormwater BMP Manual to remove total suspended solids. Any such measure must be constructed to ensure that the lowest point of infiltration within the measure maintains a minimum of two feet of vertical separation from the seasonal high-water table; and

Other measures certified by the NJDEP, including a Media Filtration System manufactured treatment device with a minimum 80% removal of total suspended solids as verified by the New Jersey Corporation for Advanced Technology; and

If the potential for contamination of stormwater runoff by petroleum products exists onsite, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(17)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts related to applicable major and minor development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 190-50.10D, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface waterbody. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel.

To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields to protect farm crops from damage due to flooding, erosion, and long-term saturation of cultivated crops and cropland.

(18)

As-built requirements for major development are as follows:

After all construction activities have been completed on the parcel and finished grade has been established in each stormwater management measure designed to infiltrate stormwater, replicate post-development permeability tests shall be conducted to determine if as-built soil permeability rates are consistent with design permeability rates. The results of such tests shall be submitted to the municipal engineer or other appropriate reviewing engineer. If the results of the post-development permeability tests fail to achieve the minimum required design permeability rate, utilizing a factor of safety of two, the stormwater management measure shall be renovated and retested until the required permeability rates are achieved; and

After all construction activities and required testing have been completed on the parcel, as-built plans, including as-built elevations of all stormwater management measures shall be submitted to the municipal engineer or other appropriate reviewing engineer to serve as a document of record. Based upon that engineer's review of the as-built plans, all corrections or remedial actions deemed necessary due to the failure to comply with design standards and/or for any reason concerning public health or safety, shall be completed by the applicant. In lieu of review by the municipal engineer, the municipality may engage a licensed professional engineer to review the as-built plans and charge the applicant for all costs associated with such review.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated by the design engineer using the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873.

In calculating stormwater runoff using the NRCS methodology, the appropriate twenty-four-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=nj, shall be utilized.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

Groundwater recharge may be calculated in accordance with the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the NJDEP's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 190-50.10C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.

Additional maintenance guidance is available on the NJDEP's website at: https://www.njstormwater.org/maintenance_guidance.htm.

Submissions.

Submissions required for review by the NJDEP should be mailed to:

The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Submissions required for review by the Pinelands Commission should be emailed to appinfo@pinelands.nj.gov.

Solids and floatable materials control standards.

Site design features identified under § 190-50.10C(5), or alternative designs in accordance with § 190-50.10C(6), to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F(1)(b) below.

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

The standard in Subsection F(1)(a) above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm established at § 190-50.10C(16)(d) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inches.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 190-50.10C(16)(d); or

Where the NJDEP determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, the grate shall comply with the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no greater than two inches across the smallest dimension.

The overflow grate shall be constructed of rigid, durable, and corrosion resistant material, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G(4) below, a free-standing outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection G(5) below for an illustration of safety ledges in a stormwater management BMP; and

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Safety ledge illustration.

Figure 1. Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Any application for major development approval shall include a site development stormwater plan containing all information required in § 190-50.10H(3).

Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 190-50.10H(4).

The site development stormwater plan shall demonstrate that the proposed development meets the standards of this section.

The site development stormwater plan shall contain comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 190-50.10C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 190-50.10C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 190-50.10D.

The application submission requirements of Subsection H(1)(a) and (b) above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.

The applicant shall submit 15 copies of the site development stormwater plan. All required engineering plans shall be in CAD Format 15 or higher, registered and rectified to NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plans New Jersey FIPS 2900 US Feet. All other required documents shall be submitted in both paper and commonly used electronic file formats such as .pdf, word processing, database or spreadsheet files.

Site development stormwater plan approval. The site development stormwater plan shall be reviewed as a part of the development review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Checklist requirements for major development. Any application for major development approval shall include a site development stormwater plan containing, at minimum, the following information.

Topographic base map. The site development stormwater plan shall contain a topographic base map of the site that extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch = 200 feet or greater, showing one foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with any required wetlands transition areas, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown. Pemberton Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

Environmental site analysis. The site development stormwater plan shall contain a written description along with the drawings of the natural and human-made features of the site and its environs. This description shall include:

A discussion of environmentally critical areas, soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention shall be given to unique, unusual or environmentally sensitive features and to those features that provide particular opportunities for or constraints on development; and

Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater management measures, including, at a minimum:

A soils report based on on-site soil tests;

Location and spot elevations in plan view of all test pits and permeability tests;

Permeability test data and calculations;

Any other required soil or hydrogeologic data (e.g., mounding analyses results) correlated with location and elevation of each test site;

A cross-section of all proposed stormwater management measures with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and

[f]

Any other information necessary to demonstrate the suitability of the specific proposed stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

Project description and site plan(s). The site development stormwater plan shall contain a map (or maps), at the same scale as the topographical base map, indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. The site development stormwater plan shall contain a land use planning and source control plan demonstrating compliance with the erosion control, groundwater recharge, stormwater runoff quantity control and stormwater quality treatment required by this section. This shall include, but is not limited to:

Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post- construction total nitrogen load, in accordance with § 190-50.10C(16)(g).

Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 190-50.10C(16)(h).

Stormwater management facilities map. The site development stormwater plan shall contain a stormwater management facilities map, at the same scale as the topographic base map, depicting the following information:

The total area to be disturbed, paved and/or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to manage and recharge stormwater; and

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention (if applicable) and emergency spillway provisions with maximum discharge capacity of each spillway.

Groundwater mounding analysis. The site development stormwater plan shall contain a groundwater mounding analysis in accordance with § 190-50.10C(7)(a).

Inspection, maintenance and repair plan. The site development stormwater plan shall contain an inspection, maintenance and repair plan containing information meeting the requirements of § 190-50.10I(2) of this section.

Checklist requirements for minor development. Any application for minor development approval that is subject to this section shall include a site development stormwater plan, certified by a design engineer, containing, at minimum, the following information:

All existing and proposed development, including limits of clearing and land disturbance.

All existing and proposed lot lines.

All wetlands and required wetland transition areas.

The type and location of each green infrastructure stormwater management measure.

A cross sectional drawing of each stormwater management measure showing the associated:

Soil profile;

Soil permeability test elevation;

Soil permeability rate; and

The elevation of, and vertical separation to, the seasonal high water table.

A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 190-50.10C(7)(b).

A maintenance plan containing information meeting the requirements of § 190-50.10I(2) of this section.

Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the site development stormwater plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.

Maintenance and repair.

All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with Subsection I(2) below. Maintenance and repair shall be implemented in accordance with maintenance plan and Subsection I(3) below.

The maintenance plan shall include the following:

Specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

Responsibility for maintenance of stormwater management measures approved as part of an application for major development shall not be assigned or transferred to the owner or tenant of an individual property, unless such owner or tenant owns or leases the entire site subject to the major development approval. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all the maintenance required.

Responsibility for maintenance of stormwater management measures approved as part of an application for minor development may be assigned or transferred to the owner or tenant of the parcel.

If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 190-50.10I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

For all major development, the following additional standards apply:

The maintenance plan shall include accurate and comprehensive drawings of all stormwater management measures on a parcel, including the specific latitude and longitude and block/lot number of each stormwater management measure. Maintenance plans shall specify that an inspection, maintenance, and repair report will be updated and submitted annually to the municipality;

Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement; and

An adequate means of ensuring permanent financing of the inspection, maintenance, repair, and replacement plan shall be implemented and shall be detailed in the maintenance plan. Financing methods shall include, but not be limited to:

The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners association;

The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements.

For all minor development, maintenance plans shall be required for all stormwater management measures installed in accordance with this section and shall include, at a minimum, the following information:

A copy of the certified plan required pursuant to § 190-50.10H(4);

A description of the required maintenance activities for each stormwater management measure; and

The frequency of each required maintenance activity.

General maintenance and repair.

Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The person responsible for maintenance identified under § 190-50.10I(2)(b) shall perform all of the following requirements:

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

The requirements of Subsection I(2)(b), (c), and (d) above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Variances.

The exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area except in accordance with this Section.

The municipal review agency may grant a variance from the design and performance standards for stormwater management measures set forth in its municipal stormwater management plan and this Section, provided that:

No variances shall be granted from § 190-50.10C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;

The municipal stormwater plan includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;

The applicant demonstrates that it is technically impracticable to meet any one or more of the design and performance standards on-site. For the purposes of this analysis, technical impracticability exists only when the design and performance standard cannot be met for engineering, environmental, or safety reasons. A municipality's approval of a variance shall apply to an individual drainage area and design and performance standard and shall not apply to an entire site or project, unless an applicant provides the required analysis for each drainage area within the site and each design and performance standard;

The applicant demonstrates that the proposed design achieves the maximum possible compliance with the design and performance standards of this Section on-site; and

A mitigation project is implemented, in accordance with the following:

All mitigation projects shall be located in the Pinelands Area and in the same HUC-14 as the parcel proposed for development. If the applicant demonstrates that no such mitigation project is available, the municipality may approve a variance that provides for mitigation within the same HUC-11 as the parcel proposed for development, provided the mitigation project is located in the Pinelands Area.

The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.

The mitigation project shall be approved no later than preliminary or final site plan approval of the major development.

The mitigation project shall be constructed prior to, or concurrently with, the development receiving the variance.

The mitigation project shall comply with the green infrastructure standards at Subsection C(14).

If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 190-50.10C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 190-50.10C(5), and/or an alternative stormwater management measure approved in accordance with § 190-50.10C(6) that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 190-50.10C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 190-50.10C(14)(b), as applicable.

A variance from the groundwater recharge standards at § 190-50.10C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 190-50.10C(15).

[8]

A variance from the stormwater runoff quality standards at § 190-50.10C(16) may be granted if the following are met:

The total drainage area of motor vehicle surface managed by the mitigation project(s) must equal or exceed the drainage area of the area of the major development subject to the variance and must provide sufficient TSS removal to equal or exceed the deficit resulting from granting the variance for the major development; and

The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 190-50.10C(16)(g).

[9]

A variance from the stormwater runoff quantity standards at § 190-50.10C(17) may be granted if the following are met:

The applicant demonstrates, through hydrologic and hydraulic analysis, including the effects of the mitigation project, that the variance will not result in increased flooding damage below each point of discharge of the major development;

The mitigation project indirectly discharges to the same watercourse and is located upstream of the major development subject to the variance; and

The mitigation project provides peak flow rate attenuation in accordance with § 190-50.10C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.

[10]

The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 190-50.10I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.