City of Vineland, NJ Pinelands

[Amended 3-28-1989 by Ord. No. 89-17]

The purpose of this article is to ensure the orderly development of the Pinelands Area so as to preserve and protect the unique natural, ecological, agricultural, scenic, historic, cultural and recreational resources of this area. All development in the Pinelands Area shall comply with the standards set forth in this article in addition to all other regulations in this chapter. The standards and regulations in this chapter applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the objectives of this chapter and the Pinelands Protection Act.[1]

[1]

Editor's Note: See N.J.S.A. 13:18A-1 et seq.

§ 425-194 Definitions and word usage.

In the event of a conflict between a definition of City-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.

As used in this article, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE OR USE

A structure or use which:

(1)

Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage, as well as washing, grading and packaging, of unprocessed produce grown on the site;

(2)

Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use served;

(3)

Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served;

[Amended 7-8-1997 by Ord. No. 97-42] and

(4)

Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this article.

[Amended 7-8-1997 by Ord. No. 97-42]

AGRICULTURAL COMMERCIAL ESTABLISHMENT

A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year-round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural processing facilities such as a farm itself, nor facilities which are solely processing facilities.

AGRICULTURAL EMPLOYEE HOUSING

Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.

AGRICULTURAL OR HORTICULTURAL USES

The production of plants, animals, poultry, bees, forest products, fruits or flowers with all related pursuits, as well as land used in a federal soil conservation program.

AGRICULTURAL PRODUCTS PROCESSING FACILITY

A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.

ANIMALS, THREATENED OR ENDANGERED

See N.J.A.C. 7:50-6.32.

APPLICATION FOR DEVELOPMENT

Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 425-205B of this article.

APPROVAL AGENCY

Any board, body or other authority within the City which has power to approve or disapprove subdivisions, site plans, construction permits or other development applications.

APPROVAL, FINAL

Any approval to develop issued by the approval agency which represents the final action to be taken on the application for development by that agency, including but not limited to final approval of major subdivisions and site plans, approval of minor subdivisions and the issuance of zoning or construction permits.

APPROVAL, PRELIMINARY

Any approval to develop issued by the approval agency which is a prerequisite to the issuance of a final approval by that agency, including but not limited to preliminary approvals of major subdivisions and site plans.

ARTIFICIAL REGENERATION

The establishment of tree cover through direct or supplemental seeding or planting.

[Added 12-27-2011 by Ord. No. 2011-65]

BEDDING

A silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.

[Added 12-27-2011 by Ord. No. 2011-65]

BROADCAST SCARIFICATION

A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.

[Added 12-27-2011 by Ord. No. 2011-65]

BUILDING

Any structure, either temporary or permanent, having a roof and designed, intended or used for the sheltering or protection of persons, animals, chattel or property of any kind.

CAMPER

A portable structure which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. "Camper" does not include mobile homes or trailers.

CAMPSITE

A place used for or suitable for camping on which temporary shelter, such as a tent or camper, may be placed and occupied on a temporary and seasonal basis.

CERTIFICATE OF APPROPRIATENESS

A notification from the Planning Board designating that a site approved for development has historic, archeological or cultural significance.

CERTIFICATE OF FILING

A certificate issued by the Pinelands Commission, pursuant to N.J.A.C. 7:50-4.34, that a complete application for major development has been filed.

CLEAR-CUTTING

A silvicultural practice involving the removal of an entire forest stand in one cutting for purposes of regeneration, either obtained artificially, by natural seed or from advanced regeneration. Clear-cutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.

[Added 12-27-2011 by Ord. No. 2011-65]

COMMISSION

The Pinelands Commission created under Section 5 of the Pinelands Protection Act.[1]

COMPREHENSIVE MANAGEMENT PLAN

The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act,[2] also known as the "CMP."

CONSTRUCTION

The erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings.

CONTIGUOUS LAND

Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot lines, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.

[Amended 3-9-1993 by Ord. No. 93-14]

COPPICING

A silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.

[Added 12-27-2011 by Ord. No. 2011-65]

DENSITY

The average number of housing units per unit of land.

DEVELOPMENT

Any change affecting the land, its area, its use or the intensity of its use; affecting resource extraction, rights of access, riparian rights or easements; affecting the size, appearance or use of structures; affecting forests, deposits of solid or liquid wastes or landfills; or any changes which affect noise levels, thermal conditions, emissions, floodplains, rivers, streams, lakes, wetlands or any man-made bodies of water and their banks.

DEVELOPMENT APPROVAL

Authorized approval granted for land development in accordance with the CMP and this chapter, except certifications of occupancy and variances pursuant to N.J.S.A. 40:55D-70 which do not otherwise include the issuance of a construction permit, subdivision or site plan approval.

DEVELOPMENT, MAJOR

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.

DEVELOPMENT, MINOR

All development not classed as major.

DISKING

A silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.

[Added 12-27-2011 by Ord. No. 2011-65]

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, including control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRUM CHOPPING

A silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash and crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.

[Added 12-27-2011 by Ord. No. 2011-65]

DWELLING

Any structure or portion thereof which is designed or used for residential purposes.

DWELLING UNIT

Any room or group of rooms located within a structure forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, eating and sanitation by one family.

ELECTRIC DISTRIBUTION LINES

All electric lines other than electric transmission lines.

ELECTRIC TRANSMISSION LINES

Electric lines which are part of an electric company's transmission and subtransmission system which provide a direct connection between a generating station or substation of the utility company and:

(1)

Another substation of the utility company;

(2)

A substation of or interconnection point with another interconnecting utility company; or

(3)

A substation of a high-load customer of the utility.

EROSION

The detachment and movement of soil/rock fragments by water, wind, ice or gravity.

EXECUTIVE DIRECTOR

The chief administrative officer of the Pinelands Commission or the authorized representative.

FAMILY

One or more persons related by blood, marriage, adoption or guardianship, or any number of persons not so related occupying a dwelling unit and living as a single housekeeping unit.

FISH AND WILDLIFE MANAGEMENT

A program of actions designed to promote, protect and enhance the ecological integrity of fish and wildlife and their habitats.

FORESTRY

The planting, cultivating and harvesting of trees for the production of wood products, including firewood, or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clear-cutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry and, although they may otherwise require an application for development, they shall not require the issuance of a forestry permit:

[Amended 7-8-1997 by Ord. No. 97-42; 12-27-2011 by Ord. No. 2011-65]

(1)

Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

(2)

Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

(3)

Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

(4)

Removal of trees necessary for the maintenance of utility or public rights-of-way;

(5)

Removal or planting of trees for the personal use of the parcel owner; and

(6)

Removal of trees for public safety.[3]

FOREST STAND

A uniform group of trees of similar species, composition, size, age and similar forest structure.

[Added 12-27-2011 by Ord. No. 2011-65]

GROUP SELECTION

A silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.

[Added 12-27-2011 by Ord. No. 2011-65]

HABITAT

The natural environment of an individual animal, plant or population.

HEIGHT

The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

HISTORIC RESOURCE

Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.

[Amended 7-8-1997 by Ord. No. 97-42]

HOME OCCUPATION

An activity for economic gain, carried out in a residential dwelling or accessory structure thereto, in which an occupant of the residence and not more than two other individuals are employed and which is clearly secondary to the use of the dwelling as a residence.

HYDROPHYTES

Any plant growing in water or a substrata that is deficient in oxygen as a result of excessive water content.

IMMEDIATE FAMILY

Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.

[Amended 7-8-1997 by Ord. No. 97-42; 3-12-2019 by Ord. No. 2019-22][4]

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. Such surfaces may have varying degrees of permeability.

[Added 12-27-2011 by Ord. No. 2011-65]

INDIVIDUAL SELECTION

A silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.

[Added 12-27-2011 by Ord. No. 2011-65]

INSTITUTIONAL USE

Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities, such as libraries, galleries, museums, concert halls, theaters and the like: hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, supervised residential institutions, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; churches; public office buildings; cemeteries; and other similar facilities.

INTERESTED PERSON

Any persons whose right to use, acquire or enjoy property is or may be affected by any action taken under this article, or whose right to use, acquire or enjoy property under this plan or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or a failure to act under this plan.[5]

INTERIM RULES AND REGULATIONS

The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act[6] to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.

LAND

The surface and subsurface of the earth, as well as improvements and fixtures on, above or below the surface and any water found thereon.

LANDSCAPING

The installation of plants as part of land development.

LOCAL COMMUNICATIONS FACILITY

An antenna and any support structure, together with any accessory facilities, which comply with the standards in N.J.A.C. 7:50-5.4 and which are intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.

[Added 7-8-1997 by Ord. No. 97-42]

MOBILE HOME

A dwelling unit manufactured in one or more sections, designed for long-term occupancy, and which can be transported after fabrication to a site where it is to be occupied.

NATURAL REGENERATION

The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.

[Added 12-27-2011 by Ord. No. 2011-65]

NAVIGABLE WATERS

Water capable of being traversed by pleasure craft.[7]

OFF-SITE COMMERCIAL ADVERTISING SIGN

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located, including signage placed upon New Jersey Transit weather shelters.

[Amended 7-25-1995 by Ord. No. 95-46]

PARCEL

Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.

[Amended 7-8-1997 by Ord. No. 97-42]

PERFORMANCE STANDARDS

For the Vineland Pinelands Area, those contained in this article or elsewhere in this chapter, whichever is stricter.

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

[Added 12-27-2011 by Ord. No. 2011-65]

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.

PINELANDS

The Pinelands National Reserve as designated by Section 3(i) of the Pinelands Protection Act[8] and the Pinelands Area as designated by Section 10(a) of said Act.[9] For the Pinelands Area located within the City of Vineland, refer to the Zone Map which is part of this chapter.

PINELANDS DEVELOPMENT CREDIT

A use right allocated to certain lands within the Vineland Pinelands that can be used to secure a residential density bonus on certain other lands within the Pinelands under N.J.A.C. 7:50-5.43.

PINELANDS DEVELOPMENT REVIEW BOARD

The agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.

PINELANDS NATIVE FOREST TYPE

See N.J.A.C. 7:50-6.43.

[Added 12-27-2011 by Ord. No. 2011-65]

PINELANDS PROTECTION ACT

N.J.S.A. 13:18A-1 to 13:18A-29.

PINELANDS PROTECTION AREA

All land within the Pinelands which is not included in the preservation area. (The Vineland Pinelands are within the Pinelands Protection Area.)

PINELANDS RESOURCE-RELATED USE

Any use based on resources that are indigenous to the Pinelands Area.

PLANTS, THREATENED OR ENDANGERED

A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.

PREAPPLICATION CONFERENCE

An informal conference with the Executive Director prior to filing an application.

PROVISIONAL USE

A use permitted only upon compliance with the standards of the CMP as incorporated in this chapter.

PUBLIC AGENCIES

All governmental agencies and their political subdivisions.

PUBLIC DEVELOPMENT

Development, including subdivision, by any township or other governmental agency.

PUBLIC SERVICE INFRASTRUCTURE

Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.

RECOMMENDED MANAGEMENT PRACTICE

That management program which employs the most efficient use of technology.

RECORD TREE

The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.

[Added 7-8-1997 by Ord. No. 97-42]

RESOURCE MANAGEMENT SYSTEM PLAN

A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plan shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of nonpoint source pollution, and shall establish criteria for resource sustainability of soil, water, air, plants and animals.

[Added 12-27-2011 by Ord. No. 2011-65]

RECREATION FACILITY, INTENSIVE

Any recreation facility not classified as low-intensive, including but not limited to golf courses, marinas, amusement parks, hotels and motels.

RECREATION FACILITY, LOW-INTENSIVE

A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low-intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.

[Amended 7-8-1997 by Ord. No. 97-42][10]

RESOURCE EXTRACTION

The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.

ROOT RAKING

A silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.

[Added 12-27-2011 by Ord. No. 2011-65]

SCENIC CORRIDOR

All paved public roads, navigable streams, lakes or ponds of the P-R (Pinelands Rural Development) and the P-F (Pinelands Forest) Zones of the Pinelands.

SEASONAL HIGH-WATER TABLE

The level below the natural ground surface to which water seasonally rises in the soil in most years.

SEED TREE CUT

A silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.

[Added 12-27-2011 by Ord. No. 2011-65]

SHELTERWOOD CUT

A silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.

[Added 12-27-2011 by Ord. No. 2011-65]

SIGN

Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Signs do not include the flag or emblem of any nation, organization of nations, state or city, or any fraternal, religious or civic organization, merchandise, pictures or models of products or services incorporated in a window display, works of art which in no way identify a product, or scoreboards located on athletic fields.[11]

SOLAR ENERGY FACILITY

A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.

[Added 3-12-2019 by Ord. No. 2019-22]

STRUCTURAL ALTERATION

Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configuration of the roof or exterior walls.

STRUCTURE

A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location on, above or below the surface of land or attached to something having a fixed location on, above or below the surface of land.

SUBDIVISION

The division of a parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this article if no development occurs or is proposed in connection therewith:

(1)

Divisions of property by testamentary or intestate provisions.

(2)

Divisions of property upon court order.

(3)

Conveyances so as to combine existing lots by deed or other instrument.

SUBMERGED LAND

Land which is overflowed by water throughout the year.

THINNING

A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.

[Added 12-27-2011 by Ord. No. 2011-65]

UTILITY DISTRIBUTION LINE

Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water or sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.

[Amended 7-8-1997 by Ord. No. 97-42]

WETLAND

Land which is saturated by water for a duration and frequency sufficient to support the growth of hydrophytes, including such poorly drained areas as designated by the Soils Conservation Service and described in N.J.A.C. 7:50-6.3 to 7:50-6.5.

WETLANDS MANAGEMENT

The establishment of a characteristic wetland or the removal of exotic species or Phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.

[Added 12-27-2011 by Ord. No. 2011-65]

WETLAND SOILS

Those soils designated as "very poorly drained" or "poorly drained" by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansburg, Leon, Muck, Othello, Pocomoke, St. Johns, Freshwater Marsh and Tidal Marsh soil types.

[1]

Editor's Note: See N.J.S.A. 13:18A-5.

[2]

Editor's Note: See N.J.S.A. 13:18A-7.

[3]

Editor's Note: The former definition of "forestry management plan," which immediately followed this definition, was repealed 7-8-1997 by Ord. No. 97-42.

[4]

Editor’s Note: The former definition of "impermeable surface," which immediately followed this definition, was repealed 12-27-2011 by Ord. No. 2011-65.

[5]

Editor's Note: The term "this plan" apparently refers to the Pinelands Comprehensive Management Plan.

[6]

Editor's Note: See N.J.S.A. 13:18A-1 et seq.

[7]

Editor's Note: The definition of "notice of filing," which immediately followed this definition, was deleted 6-13-1989 by Ord. No. 89-34.

[8]

Editor's Note: See N.J.S.A. 13:18A-3i.

[9]

Editor's Note: See N.J.S.A. 13:18-11a.

[10]

Editor’s Note: The former definition of "resource conservation plan," which immediately followed this definition, was repealed 12-27-2011 by Ord. No. 2011-65.

[11]

Editor's Note: The former definitions of "specimen tree" and "standard subsurface sewage disposal system," which immediately followed this definition, were repealed 7-8-1997 by Ord. No. 97-42.

§ 425-195 Description of area; enumeration of zones.

The Pinelands Area within the City of Vineland, which comprises all the lands between Union Road and the Manumuskin River, is designated on the City of Vineland Zone Map and comprises the following Pinelands Zones:

P-A Pinelands Agricultural Production.

P-F Pinelands Forest.

P-R Pinelands Rural Development.

§ 425-196 P-A (Pinelands Agricultural Production) Zone standards.

The following standards shall apply in P-A (Pinelands Agricultural Production) Zones.

Permitted uses shall be as follows:

(1)

Forestry.

(2)

Agriculture.

(3)

Agricultural products processing facilities.

(4)

Fish and wildlife management and wetlands management.

[Amended 12-27-2011 by Ord. No. 2011-65]

(5)

Public services and infrastructure. Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Agricultural Production Zone only in accordance with § 425-202O(2).

[Amended 7-8-1997 by Ord. No. 97-42]

(6)

Signs.

(7)

Pinelands development credits.

(8)

Home occupations.

(9)

Accessory uses.

Provisional uses shall be as follows:

(1)

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

(a)

The dwelling is accessory to an active agricultural operation;

(b)

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

(c)

The dwelling is to be located on a lot which is under or qualified for agricultural assessment under N.J.S.A. 54:4-23.1;

(d)

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

(e)

A residential lot has not been subdivided from the property within the previous five years.

(2)

Residential units and accessory uses on a minimum of 3.2 acres, provided that the dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner; the individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years; the parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be; a member of that person's immediate family or a partnership or corporation in which members of the 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.

[Amended 7-8-1997 by Ord. No. 97-42]

(3)

Residential unit and accessory uses on a minimum of one acre, provided that the conditions of § 425-199 herein, pertaining to nonconforming lots, are met.

(4)

Low-intensity recreational uses, provided that the lot comprises 50 acres; that motorized vehicles are prohibited except for transportation; that access to bodies of water is limited to 15 feet of frontage per 1,000 feet of water body frontage; that clearing or soil disturbance does not exceed 5% of that lot area, and further provided that impervious surfaces shall not exceed 1% of the lot area.

(5)

Agricultural/commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that the principal goods for sale are produced in the Pinelands and that the sales area does not exceed 5,000 square feet.

(6)

Agricultural employee housing, provided that it serves an active agricultural operation.

(7)

Airports or heliports, provided that they serve an active agricultural operation.

(8)

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

[Amended 7-8-1997 by Ord. No. 97-42]

(a)

The unit(s) shall be clustered on one-acre lots;

(b)

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

(c)

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

(9)

Waste management facilities in accordance with N.J.A.C. 7:50-5.24(b)8 and 7:50-6, Part VII.

[Amended 7-8-1997 by Ord. No. 97-42]

(10)

Residential units and accessory uses on a minimum of 1.0 acre, provided that:

[Added 3-9-1993 by Ord. No. 93-14]

(a)

The applicant satisfies all of the requirements set forth in Subsection B(2) above;

(b)

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;

(c)

The applicant qualifies for and receives from the City a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection B(2) above;

(d)

The applicant purchases and redeems 0.25 Pinelands development credits; and

(e)

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to N.J.A.C. 7:50-5.43(b)3.

Additional regulations shall be as follows:

(1)

Lot area. Except for nonconforming lots which existed by record prior to February 7, 1979, no residential unit shall be located on a lot which comprises less than 3.2 acres.

(2)

Height of structures.

[Amended 7-8-1997 by Ord. No. 97-42]

(a)

No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet. This height limitation shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity:

[1]

Antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use;

[2]

Silos, barns or other agricultural structures;

Church spires;

Cupolas;

Domes;

Monuments;

Water towers;

Fire observation towers;

[9]

Electric transmission lines and supporting structures;

Windmills;

Smokestacks;

Derricks;

Flagpoles and masts or aerials;

[14]

Solar energy facilities; and

[15]

Chimneys and similar structures to be placed above the roof level and not for human occupancy.

(b)

This height limitation shall also not apply to the antenna and any supporting structure of a local communications facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

(3)

Lot area for nonresidential uses. Notwithstanding the minimum lot areas set forth above in Subsection B, no such minimum lot area for a nonresidential use within the P-A Zone shall be less than that needed to meet the water quality standards of § 425-202O(4), whether or not the lot may be served by a centralized sewer treatment or collection system.

(4)

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be subject to the same requirements as single-family dwelling units, in accordance with N.J.S.A. 40:55D-66.1.

[Added 2-12-2002 by Ord. No. 2002-3]

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, every parcel of land in the Pinelands Agricultural Zone shall have a use right known as "Pinelands development credits" that may be used to secure a density bonus for lands located in the regional growth areas of other Pinelands municipalities. Pinelands development credits may also be allocated to certain properties in the City by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq. The allocation and use of Pinelands development credits shall conform to § 425-202Q of this chapter and N.J.A.C. 7:50-5.42 through 7:50-5.47.

[Amended 3-9-1993 by Ord. No. 93-14]

§ 425-197 P-F (Pinelands Forest) Zone standards.

The following standards shall apply in P-F (Pinelands Forest) Zones:

Permitted uses shall be as follows:

(1)

Forestry.

(2)

Agriculture.

(3)

Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Pinelands Forest Zone only in accordance with § 425-202O(2).

[Amended 7-8-1997 by Ord. No. 97-42]

(4)

Signs.

(5)

Fish and wildlife management and wetlands management.

[Amended 12-27-2011 by Ord. No. 2011-65]

(6)

Agricultural employee housing, as an element of and accessory to an active agricultural operation.

(7)

Home occupations.

(8)

Accessory uses.

(9)

Residential dwelling units, provided that clustering of the permitted dwelling units shall be required in accordance with § 425-202U whenever two or more units are proposed as part of a residential development.

[Added 12-27-2011 by Ord. No. 2011-65]

Provisional uses shall be as follows:

(1)

Residential dwelling units, which are not clustered in accordance with the standards of § 425-202U, may be permitted as a conditional use, provided that:

[Amended 12-27-2011 by Ord. No. 2011-65]

(a)

The Planning Board finds that:

[1]

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

[2]

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

(b)

Minimum lot area requirement: 20 acres.

(2)

Residential unit and accessory uses on a minimum of 3.2 acres, provided that the provisions of § 425-196B(2) are met.

(3)

Residential unit and accessory uses on a minimum of one acre, provided that the conditions of § 425-199 herein, pertaining to nonconforming lots, are met.

(4)

Campgrounds with a maximum of one site per gross acre with campsites clustered at a net density not to exceed 10 sites per acre.

[Amended 7-8-1997 by Ord. No. 97-42]

(5)

Low-intensity recreational uses, provided that the provisions of § 425-196B(4) are met.

(6)

Institutions, provided the use does not require or will not generate subsidiary or satellite development within the Pinelands Forest Zone; the applicant has demonstrated that adequate public service infrastructure will be available to service the use; and the use is primarily designed to serve the needs of the Pinelands Forest Zone.

[Amended 10-10-1989 by Ord. No. 89-66]

(7)

Agricultural/commercial uses, excluding supermarkets, restaurants and convenience stores, provided that the provisions of § 425-196B(5) are met.

[Amended 6-13-1989 by Ord. No. 89-34]

(8)

Residential unit and accessory uses on a minimum of 1.0 acre, provided that the provisions of § 425-196B(10) are met.

[Added 3-9-1993 by Ord. No. 93-14]

(9)

Residential dwelling units on one-acre lots existing as of January 14, 1981, provided that:

[Added 3-9-1993 by Ord. No. 93-14]

(a)

The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 20 acres;

(b)

All lands acquired pursuant to Subsection B(9)(a) above, which may or may not be developable, are located within the P-F Zone;

(c)

All noncontiguous lands acquired pursuant to Subsection B(9)(a) and (b) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:

[Amended 12-27-2011 by Ord. No. 2011-65]

[1]

The deed of restriction shall permit the parcel to be managed for the following uses, subject to the limitations listed:

[a]

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;

[b]

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

[i]

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%;

[ii]

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;

[iii]

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection B(9)(c)[1][b][ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection B(9)(c)[1][a] above and shall not provide for continuation of any agricultural uses on the parcel; and

[iv]

The deed of restriction to be recorded pursuant to Subsection C(9)(c)[1][b][i] or [ii] above shall authorize agricultural uses and provide that impervious surfaces 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 Cumberland County or the State Agricultural Development Committee, evidence of their approval shall also be provided.

[2]

The deed of restriction shall be in favor of the parcel to be developed and the City or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed of restriction shall be in a form to be approved by the City Solicitor and the Pinelands Commission.

(d)

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

(e)

The lot proposed for development otherwise meets the minimum standards of this article.

Additional regulations shall be as follows:

(1)

Height of structures shall be in accordance with § 425-196C.

(2)

Building lines shall be a minimum of 200 feet measured back from the center of a paved, publicly owned road. See conditions for modification set under § 425-202J(2) and (3) below.

(3)

Lot area for nonresidential uses. Notwithstanding the minimum lot areas set forth above in Subsection B, no such minimum lot area for a nonresidential use within the P-F Zone shall be less than that needed to meet the water quality standards of § 425-202O(4), whether or not the lot may be served by a centralized sewer treatment or collection system.

(4)

[Added 2-12-2002 by Ord. No. 2002-3]

§ 425-198 P-R (Pinelands Rural Development) Zone standards.

The following standards shall apply in P-R (Pinelands Rural Development) Zones:

Permitted uses shall be as follows:

(1)

Agriculture.

(2)

Forestry.

(3)

Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted in the Pinelands Rural Development Zone only in accordance with § 425-202O(2).

[Amended 7-8-1997 by Ord. No. 97-42]

(4)

Resource extraction.

(5)

Recreational uses, except amusement parks.

Institutions.

Signs.

Accessory uses.

[Added 12-27-2011 by Ord. No. 2011-65]

Provisional uses shall be as follows:

(1)

Residential dwelling units, which are not clustered in accordance with the standards of § 425-202U, may be permitted as a conditional use, provided that:

[Amended 7-8-1997 by Ord. No. 97-42; 12-27-2011 by Ord. No. 2011-65]

(a)

The Planning Board finds that:

[1]

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

[2]

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

(b)

Minimum lot area requirement: 3.2 acres.

(2)

Residential unit and accessory uses on a minimum of one acre, provided that the conditions of § 425-196B(3) are met.

(3)

Agricultural employee housing, provided that it is accessory to an active agricultural operation.

(4)

Agricultural products processing facilities, provided that they are accessory to an active agricultural operation.

(5)

Agricultural commercial establishments for the sale of produce, provided that the products are produced on the premises.

(6)

Agricultural/commercial uses, provided that the conditions of § 425-196B(5) are met.

[Amended 6-13-1989 by Ord. No. 89-34]

(7)

Waste management facilities in accordance with N.J.A.C. 7:50-5.26(b)9 and 7:50-6, Part VII.

[Amended 7-8-1997 by Ord. No. 97-42]

(8)

Residential unit and accessory uses on a minimum of 1.0 acre, provided that the provisions of § 425-196B(10) are met.

[Added 3-9-1993 by Ord. No. 93-14]

(9)

Residential dwelling units on one-acre lots existing as of January 14, 1981, provided that:

[Added 3-9-1993 by Ord. No. 93-14]

(a)

(b)

All lands acquired pursuant to Subsection B(9)(a) above, which may or may not be developable, are located within the P-R Zone;

(c)

[1]

The deed of restriction shall permit the parcel to be managed for the following uses, subject to the limitations listed:

[a]

[b]

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

The deed of restriction to be recorded pursuant to Subsection B(9)(c)[1][b][i] or [ii] above shall authorize agricultural uses and provide that impervious surfaces 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 Cumberland County or the State Agricultural Development Committee, evidence of their approval shall also be provided.

[2]

(d)

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

(e)

The lot proposed for development otherwise meets the minimum standards of this article.

Additional regulations shall be as follows:

(1)

The regulations of § 425-197C shall apply.

(2)

Lot area for nonresidential uses. Notwithstanding the minimum lot areas set forth above in Subsection B, no such minimum lot area for a nonresidential use within the P-R Zone shall be less than that needed to meet the water quality standards of § 425-202O(4), whether or not the lot may be served by a centralized sewer treatment or collection system.

(3)

[Added 2-12-2002 by Ord. No. 2002-3]

§ 425-199 Nonconforming lots.

[Amended 7-8-1997 by Ord. No. 97-42]

Notwithstanding the density limitations of other provisions of this article, a single-family dwelling may be developed on any parcel of land of one acre or more in the P-A, P-F or P-R Zone, 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 or of 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.

§ 425-200 Expansion of existing uses.

[Amended 7-8-1997 by Ord. No. 97-42]

Notwithstanding the use restrictions contained in §§ 425-196 through 425-198, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in §§ 425-202 through 425-204, may be expanded or altered, provided that:

(1)

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

(2)

The expansion or alteration of the use is in accordance with all of the minimum standards of §§ 425-202 through 425-204; and

(3)

The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

§ 425-201 Change in existing uses.

[Amended 7-8-1997 by Ord. No. 97-42]

Notwithstanding the use restrictions contained in §§ 425-196 through 425-198, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than those uses which are expressly limited in §§ 425-202 through 425-204, may be changed to another use, provided that:

(1)

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

(2)

The new use is in accordance with all of the minimum standards of §§ 425-202 through 425-204, including § 425-202O(4), unless a new septic system permit will not be required as a result of the change in use, in which case the standards of N.J.A.C. 7:50-6.83(b) and (c) must be met; and

(3)

The area, capacity and intensity of the new use is comparable to that of the existing use.

§ 425-202 Development regulations.

Regulations for development in the Pinelands shall be as follows:

Air quality. All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3. Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in the Pinelands Area 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.

[Amended 7-8-1997 by Ord. No. 97-42]

Agriculture.

(1)

Agricultural activities, as well as fish and wildlife management, shall be conducted in accordance with recommended management practices established for the use by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

(2)

Where an area in the P-A Zone has been found to have substandard surface or groundwater, the Soil Conservation District office shall prepare and/or review a resource conservation plan.

(3)

Except for regulations strictly necessary to maintain public health, all agricultural operations in the P-A Zone shall be exempt from any ordinance or regulation which inhibits efficient crop production, imposes time or dusting limits to the operation or imposes odor restrictions.

Energy conservation methods, such as southern orientation of buildings, landscaping to permit solar access and the use of energy-efficient materials, shall apply to all developments.

Fire management. No development shall be permitted in the vegetated areas of the Pinelands which have been classified as moderate, high or extreme fire hazard areas as set under N.J.A.C. 7:50-6.123 unless the development complies with N.J.A.C. 7:50-6.124 and 7:50-6.125.

Fish and wildlife. 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. All development or authorized activity shall be carried out in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of the species.

Forestry. All forestry operations shall meet the standards set forth in N.J.A.C. 7:50-6.43 et seq. Permits authorizing forestry operations shall be valid for a period of 10 years. Nothing in this subsection shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

[Amended 12-27-2011 by Ord. No. 2011-65]

Historic resource preservation.

(1)

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 governing body 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 G(5)(c) below.

(2)

Authority to issue certificates of appropriateness.

(a)

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

(b)

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

(3)

Certificates of appropriateness shall be required for the following:

(a)

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

(b)

Development not otherwise exempted from review pursuant to § 425-205B of this article where a significant resource has been identified pursuant to Subsection G(5) below.

(4)

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

(5)

A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended.

[Amended 7-8-1997 by Ord. No. 97-42]

(a)

In general, the survey shall include:

[1]

A statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts.

[2]

A thorough search of state, local and any other pertinent inventories to identify sites of potential significance.

[3]

A review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area.

[4]

Thorough pedestrian and natural resource surveys.

[5]

Archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance.

[6]

Adequate recording of the information gained and methodologies and sources used.

[7]

A list of personnel involved and qualifications of the person(s) performing the survey.

(b)

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

[1]

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

[2]

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

[3]

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection G(5)(c) below.

(c)

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

[1]

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

[2]

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

[3]

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

[4]

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

(6)

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

(7)

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

(a)

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

(b)

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection G(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 City Council pursuant to N.J.S.A. 40:55D-1 et seq., within that two-year period, the historic resource standards of this 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 7-8-1997 by Ord. No. 97-42]

(8)

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

(a)

A narrative description of the resource and its cultural environment.

(b)

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

(c)

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

(d)

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.

(9)

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).

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

Resource extraction.

(1)

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

(2)

Planning Board approval authorizing resource extraction shall be effective for a period of two years.

(3)

Resource extraction operations shall comply with the standards set under N.J.A.C. 7:50-6.68 to 7:50-6.69.

Scenic corridors. All paved, public roads, except for those roads which provide for internal circulation within residentially developed areas, in the P-R (Pinelands Rural Development) and P-F (Pinelands Forest) Zones shall be considered scenic corridors.

(1)

No building, except for agricultural commercial establishments, shall be erected closer than 200 feet from the center of a scenic corridor.

(2)

If compliance with the two-hundred-foot setback is constrained by environmental or physical limitations, the building shall be erected as close to the two-hundred-foot setback as practical, and the site shall be landscaped to provide screening along the corridor to comply with Subsection N below.

(3)

If the applicant demonstrates that existing buildings within 1,000 feet of the site are set back less than 200 feet from the center line of the corridor, the building shall be set to be consistent with the established line and screening provided between the building and the corridor.

(4)

The requirements of Subsection J(1) through (3) above shall not apply to residential cluster developments in the P-F and P-R Zones that comply with the standards of § 425-202U.

[Added 12-27-2011 by Ord. No. 2011-65]

Signs. All signs in the Pinelands Area of Vineland shall comply with N.J.A.C. 7:50-6.107. Signs not in compliance shall be discontinued on January 14, 1991.

Screening and storage of motor vehicles. No more than 10 automobiles, trucks or other motor vehicles, in operating condition or not, shall be stored on any lot unless they are adequately screened from adjacent residences and scenic corridors. All vehicles not in operating condition shall be drained of all gasoline. This subsection shall not apply to vehicles used for agricultural purposes which are in operating condition.

Utilities.

(1)

New utility distribution lines shall be placed underground except on or adjacent to active agricultural operations.

(2)

All aboveground facilities other than storage tanks shall be adequately screened, by vegetation, from adjacent uses and in compliance with Subsection N below.

(3)

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

Vegetation and landscaping.

[Amended 7-8-1997 by Ord. No. 97-42]

(1)

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

(2)

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

(a)

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

(b)

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

(3)

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

(4)

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Section N(3) above or required pursuant to § 425-61B shall incorporate the following elements:

(a)

The limits of clearing shall be identified.

(b)

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

(c)

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

(d)

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

[1]

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

[2]

For limited ornamental purposes around buildings and other structures; or

[3]

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

(5)

Development shall be 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.

Water quality. All development shall be designed and maintained to protect the quality of surface water and groundwater. For purposes of this section, agricultural use shall not be considered development. Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted. The following point and nonpoint sources may be developed and operated in the Pinelands:

(1)

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 O(2) through (6) below, provided that:

[Amended 7-8-1997 by Ord. No. 97-42]

(a)

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

(b)

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.

(c)

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

(d)

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

(2)

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

(a)

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

(b)

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

(c)

Adherence to Subsection O(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.

[Amended 7-8-1997 by Ord. No. 97-42]

(d)

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 7-8-1997 by Ord. No. 97-42]

(3)

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

(a)

There is no practical alternative available that would adhere to the standards of Subsection O(1)(a) above.

[Amended 7-8-1997 by Ord. No. 97-42]

(b)

There is no increase in the existing approved capacity of the facility.

(c)

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.

(4)

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

[Amended 7-8-1997 by Ord. No. 97-42]

(a)

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

(b)

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 O(4)(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 § 425-197B(9) or 425-198B(9) or N.J.A.C. 7:50-5:47.

(c)

Only contiguous lands located within the same zoning district 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 4, 1981, nonresidential development on a lot of five acres or less existing as of January 4, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.

(d)

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

(e)

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.

(f)

The system will be maintained and inspected in accordance with the requirements of § 425-202T.

(g)

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

(h)

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.

(5)

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

[Amended 7-8-1997 by Ord. No. 97-42]

(a)

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

(b)

The proposed development is residential, or if nonresidential, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

[Amended 3-12-2019 by Ord. No. 2019-22]

(c)

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 O(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(c)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 § 425-197B(9) or 425-198B(9) or N.J.A.C. 7:50-5:47.

(6)

Surface water runoff, provided that all requirements of § 425-217 are met.

[Amended 7-8-1997 by Ord. No. 97-42; 5-22-2007 by Ord. No. 2007-40]

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

[1]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

Pinelands development credits.

[Added 3-9-1993 by Ord. No. 93-14]

(1)

Pinelands development credits shall be used in the following manner:

(a)

When a variance for cultural housing is granted by the City in accordance with § 425-196B(1) of this article; and

(b)

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

(2)

In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the City with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the City.

Maintenance of wastewater treatment facility.

(1)

The owner of an on-site wastewater treatment system in the Pinelands shall have the system inspected by a technician at least once every three years.

(2)

The inspection shall be in accordance with Chapter 326 of the Solid Waste Management Act (N.J.S.A. 13:1E-1 et seq.) and Section 201 of the Clean Water Act.

(3)

The owner shall have the system cleaned at least once every three years and submit a sworn statement to the Vineland Health Department that it has been inspected and cleaned and is functional, giving the date as well as the name of the person who performed the services.

Prohibited chemicals and materials.

(1)

Septic tank cleaners and waste oil are prohibited anywhere in the Pinelands.

(2)

All storage of deicing chemicals shall be lined to prevent leakage into the soil and shall be covered with an impermeable surface to shield from precipitation.

(3)

The application of any herbicide to any road or utility right-of-way is prohibited unless it is necessary to protect an adjacent agricultural activity. Such applications shall be controlled to prevent runoff of residual chemicals into surface water or groundwater.[2]

[2]

Editor's Note: Former Subsection U(4) through (6), restricting disposal of certain wastes, which immediately followed this subsection, was repealed 7-8-1997 by Ord. No. 97-42.

Water management. Inter-basin transfer of water between watersheds shall be avoided to the maximum practical extent. Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.

Residential cluster development in the P-F and P-R. In the P-F and P-R Zones, 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 12-27-2011 by Ord. No. 2011-65]

(1)

Permitted density:

(a)

In the P-F Zone: one unit per 20 acres.

(b)

In the P-R Zone: one unit per 3.2 acres.

(2)

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 U(1) above, with a bonus applied as follows:

Parcel Size	P-R District	P-F District
Less than 50 acres	0	0
50 to 99.99 acres	10%	20%
100 to 149.99 acres	15%	25%
Equal to or greater than 150 acres	20%	30%

(3)

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

(a)

Is located proximate to existing roads;

(b)

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

(c)

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

(d)

Conforms with the minimum environmental standards of this article.

(4)

Development within the residential cluster shall be designed as follows:

(a)

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;

(b)

The following minimum yard and bulk requirements shall apply:

[1]

Minimum lot frontage: 125 feet.

[2]

Minimum lot width: 125 feet.

[3]

Minimum lot depth: 200 feet.

[4]

Minimum side yard, each: 30 feet.

[5]

Minimum front yard: 50 feet.

[6]

Minimum rear yard: 60 feet.

(c)

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 § 425-202O(4), may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection U(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 425-202O(5) or N.J.A.C. 7:50-10.21 through 10.23. Community on-site wastewater treatment systems serving two or more residential dwelling units, which meet the standards of § 425-202O(5) or N.J.A.C. 7:50-10.21 through 10.23, shall also be permitted;

(d)

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

(e)

Permitted recreational 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.

(5)

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

(a)

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

(b)

The deed of restriction shall permit the parcel to be managed for the following uses, subject to the limitations listed:

[1]

Low intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;

[2]

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

[a]

[b]

[c]

For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection U(5)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection U(5)(b)[1] above and shall not provide for continuation of any agricultural uses on the parcel;

[d]

The deed of restriction to be recorded pursuant to Subsection U(5)(b)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surfaces 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 Cumberland County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and

[e]

For parcels which meet the standards of Subsection U(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.

§ 425-203 Wetlands.

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

[Amended 3-9-1993 by Ord. No. 93-14]

(1)

Horticulture of native Pinelands species.

(2)

Berry culture.

(3)

Beekeeping.

(4)

Forestry, as per § 425-202F.

(5)

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

[Amended 12-27-2011 by Ord. No. 2011-65]

(6)

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) and (3) below.

(7)

Private docks, piers, moorings and boat launches for use by the landowner, as per Subsection B.

(8)

Commercial or public docks, piers, moorings and boat launches, provided that there is demonstrated need that cannot be met by existing facilities, that the development meets all state and federal regulations and that the development complies with Subsection B.

(9)

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

Performance standards.

(1)

No development shall be permitted in a wetland or within 300 feet of a wetland area unless the developer demonstrates that no significant adverse impact on the wetlands will result.

(2)

A significant adverse impact will exist if it is determined that one or more of the following modifications of a wetland will cause irreversible adverse effect on its ecological integrity and its biotic components, including but not limited to threatened or endangered species of plants or animals:

(a)

An increase of surface water runoff discharging into a wetland.

(b)

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

(c)

An alteration of the water table.

(d)

An increase in erosion which increases sedimentation.

(e)

A chemical change in the groundwater or surface water.

(f)

A loss of wetland habitat.

(g)

A reduction in the diversity of habitats.

(h)

A change in the composition of wetlands species.

(i)

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

(3)

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.

§ 425-204 Waste management.

[Amended 7-8-1997 by Ord. No. 97-42]

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.

§ 425-205 Approval for development required; exceptions.

No person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in §§ 425-206 through 425-215.

Except as provided in Subsection C below, the following shall not be subject to the procedures set forth in §§ 425-206 through 425-215:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The repair of existing utility distribution lines.

[Amended 7-8-1997 by Ord. No. 97-42]

(6)

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

(7)

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

[Amended 3-12-2019 by Ord. No. 2019-22]

(a)

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

(b)

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

(8)

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

(9)

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

[Added 7-8-1997 by Ord. No. 97-42]

(10)

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

[Added 7-8-1997 by Ord. No. 97-42]

(11)

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

[Added 7-8-1997 by Ord. No. 97-42; amended 3-12-2019 by Ord. No. 2019-22]

(12)

The clearing of land solely for agricultural or horticultural purposes.

[Added 7-8-1997 by Ord. No. 97-42; amended 3-12-2019 by Ord. No. 2019-22]

(13)

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

[Added 7-8-1997 by Ord. No. 97-42]

(14)

Aboveground telephone equipment cabinets.

[Added 7-8-1997 by Ord. No. 97-42]

(15)

Tree pruning.

[Added 7-8-1997 by Ord. No. 97-42]

(16)

The following forestry activities:

[Added 7-8-1997 by Ord. No. 97-42]

(a)

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

(b)

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

(c)

Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.

(d)

Forest stand improvement 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.

(17)

Prescribed burning and the clearing and maintaining of fire breaks.

[Added 7-8-1997 by Ord. No. 97-42]

(18)

Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 425-202N(3) or 425-61B.

[Added 7-8-1997 by Ord. No. 97-42]

(19)

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

[Added 3-12-2019 by Ord. No. 2019-22]

(20)

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

[Added 3-12-2019 by Ord. No. 2019-22]

(21)

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

[Added 3-12-2019 by Ord. No. 2019-22]

(22)

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

[Added 3-12-2019 by Ord. No. 2019-22]

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

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

§ 425-206 Application requirements for minor development.

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

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

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

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

A description of all existing uses of the subject property.

A brief written statement generally describing the proposed development.

A United States Geological Survey Quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands Management Area designation and the zoning designation are shown.

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

(1)

On-site treatment facilities. The location, size, type and capacity of any proposed on-site wastewater treatment facilities shall be provided.

(2)

Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable locations with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 425-202 of this article.

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

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

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

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

[Amended 6-13-1989 by Ord. No. 89-34]

When prior approval for the development has been granted by the City, evidence of Pinelands Commission review pursuant to § 300-228.[1]

[1]

Editor's Note: Former Subsection b, which outlined procedures for applications for individual single-family dwellings and which immediately followed this subsection, was deleted 6-13-1989 by Ord. No. 89-34.

§ 425-207 Application requirements for other development.

All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in § 425-217, information required in N.J.A.C. 7:50-4.2(b)5, as well as the following:

[Amended 5-22-2007 by Ord. No. 2007-40]

(1)

(2)

When prior approval for the development has been granted by the City, evidence of Pinelands Commission review pursuant to § 425-211.

An application for approval of forestry operations shall be subject to the application requirements set forth in N.J.A.C. 7:50-6.43.

[Amended 7-8-1997 by Ord. No. 97-42]

An application for approval of resource extraction operations shall be subject to the application requirements set forth in the N.J.A.C. 7:50-4.2(b)6.

[Amended 7-8-1997 by Ord. No. 97-42]

§ 425-208 Referral of application to Environmental Commission.

All development applications shall be referred to the Environmental Commission for review and comment.

§ 425-209 Notification of Pinelands Commission of development application.

[Amended 6-13-1989 by Ord. No. 89-34; 3-12-2019 by Ord. No. 2019-22]

Submission of and modification (revisions) to application. Written notification shall be given by the applicant, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the City that an application for development in the Pinelands Area is complete or if a determination is made by the Planning Board that the application has been modified. Said notice shall contain:

(1)

The name and address of the applicant.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

The nature of the municipal approval or approvals being sought.

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

(1)

The name and address of the applicant.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

§ 425-210 Notification of Pinelands Commission of action on application.

[Amended 6-13-1989 by Ord. No. 80-34; 3-12-2019 by Ord. No. 2019-22]

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

The notice shall include the following:

(1)

The name and address of the applicant.

(2)

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

(3)

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

(4)

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

(5)

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

(6)

Any revisions to the application not previously submitted to the Commission.

(7)

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

§ 425-211 Review of approved applications by Pinelands Commission.

Upon receipt of the notice of approval, the application shall be reviewed by the Pinelands Commission in accordance with the provisions of N.J.A.C. 7:50-4.37 through 7:50-4.42. No approval shall take effect nor shall development commence prior to notification of the action taken by the Commission. Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

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

§ 425-212 Condition on prior approvals of City.

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

Notification is received from the Pinelands Commission that review of the City's approval is not required.

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

§ 425-213 Effect of Pinelands Commission's decision on previously approved applications.

If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days, and the agency shall thereafter deny approval of the application.

If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

§ 425-214 Participation in hearings by Pinelands Commission.

In accordance with N.J.A.C. 7:50-4.36, the Pinelands Commission shall have the right to participate in all hearings which involve land development in the Pinelands.

§ 425-215 Compliance required.

All development within the Pinelands Area proposed by the City of Vineland or any agency thereof shall comply with the provisions of N.J.A.C. 7:50-4.51 and the regulations set in this article.

§ 425-216 Compliance with amendments to statutes required.

Amendments to the City of Vineland Master Plan, this chapter or any other ordinance which regulates land use shall comply with the provisions of N.J.A.C. 7:50-3.45. (NOTE: The basis for this article is N.J.S.A. 13:18A-1 to 13:18A-29.)

§ 425-217 Stormwater control.

[Added 5-22-2007 by Ord. No. 2007-40; amended 4-11-2023 by Ord. No. 2023-26]

Scope and purpose.

(1)

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.

(2)

Purpose. The purpose of this section is to establish, within the Pinelands Area portion of Vineland City, 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.

(3)

Applicability.

(a)

The terms "development," "major development" and "minor development" are defined in § 425-217B 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).

(b)

This section shall apply within the Pinelands Area to all major development, and to minor development meeting the following criteria:

[1]

Development involving the construction of four or fewer dwelling units;

[2]

Development involving any nonresidential use and resulting in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

[3]

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.

(c)

This section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Vineland City.

(d)

Except as provided in § 425-217J, 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.

(4)

Compatibility with other permit and ordinance requirements.

(a)

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.

(b)

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.

(c)

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 Vineland City is a part, the stormwater provisions of such a plan(s) shall be adopted by Vineland City 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.

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 NJDEP Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands CMP at N.J.A.C. 7:50-2.11, in which case, the definition corresponds to the CMP definition.

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.

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:

(1)

A county planning agency; or

(2)

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.

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.

DEVELOPMENT

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:

(1)

A change in type of use of a structure or land;

(2)

A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

(3)

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;

(4)

Commencement of resource extraction or drilling or excavation on a parcel of land;

(5)

Demolition of a structure or removal of trees;

(6)

Commencement of forestry activities;

(7)

Deposit of refuse, solid or liquid waste or fill on a parcel of land;

(8)

In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

(9)

Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

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

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 runoff, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

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 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:

(1)

Treating stormwater runoff through infiltration into subsoil;

(2)

Treating stormwater runoff through filtration by vegetation or soil; or

(3)

Storing stormwater runoff for reuse.

HIGH POLLUTANT LOADING AREAS

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-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.

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.

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.html 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

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 § 425-217C(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:

(1)

A net increase in motor vehicle surface; and/or

(2)

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.

SEASONAL HIGH WATER TABLE

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

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 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 and6.5.

Stormwater management requirements.

(1)

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.

(a)

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.

(b)

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 § 425-217C(15), (16), and (17) by incorporating green infrastructure as provided at § 425-217C(14).

(2)

All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 425-2171.

(3)

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.

(4)

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 § 425-217C(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.

(5)

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 § 425-217C(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	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) 2^(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^(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	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	2⁽ⁱ⁾
Wet pond^(d)	50% to 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	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 § 425-217C(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 § 425-217B.
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at § 425-217B.
(i)	The top elevation of the impermeable layer or liner must maintain this two-foot-minimum separation to the seasonal high water table.

(6)

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 § 425-217E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 425-217C(14) only if the measures meet the definition of green infrastructure at § 425-217B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 425-217C(14)(b) are subject to the contributory drainage area limitation specified at § 425-217C(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 § 425-217C(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 § 425-217J is granted from § 425-217C(14).

(7)

Hydraulic impacts.

(a)

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 break out 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.

(b)

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.

(8)

Design standards for stormwater management measures are as follows:

(a)

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);

(b)

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;

(c)

Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one inch 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;

(d)

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;

(e)

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;

(f)

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:

[1]

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;

[2]

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(8)(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

[3]

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;

(g)

Dry wells shall be designed to prevent access by amphibian and reptiles;

(h)

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 § 425-217C(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 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 § 425-217G(3)(a);

(i)

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;

(j)

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 425-217G; 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.

(9)

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 § 425-217B may be used only under the circumstances described at § 425-217C(14)(d).

(10)

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 § 425-217C(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.

(11)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 425-217C(15), (16), and (17) 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.

(12)

Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Cumberland 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 § 425-217C(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 U.S. 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 § 425-217I(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.

(13)

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 § 425-217C(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 Cumberland 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.

(a)

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.

(b)

To satisfy the groundwater recharge and stormwater runoff quality standards at § 425-217C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 425-217C(5) and/or an alternative stormwater management measure approved in accordance with § 425-217C(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 three 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

(c)

To satisfy the stormwater runoff quantity standards at § 425-217C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 425-217C(5) and/or an alternative stormwater management measure approved in accordance with § 425-217C(6).

(d)

If a variance in accordance with § 425-217J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 425-217C(5) and/or an alternative stormwater management measure approved in accordance with § 425-217C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 425-217C(15), (16), and (17).

(e)

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 § 425-217C(15), (16), and (17).

(15)

Groundwater recharge standards.

(a)

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

(b)

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 on-site.

(c)

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.

(d)

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 on-site.

(e)

Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 425-217C(16)(h).

(16)

Stormwater runoff quality standards.

(a)

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of:

[1]

Major development;

[2]

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

[3]

Any development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period.

(b)

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 § 425-217C(16)(d) as follows:

[1]

Eighty percent 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.

[2]

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.

(c)

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.

(d)

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	0.0083	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

(e)

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

(f)

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 § 425-217C(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 § 425-217C(15), (16), and (17).

(g)

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 § 425-217C(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.

(h)

In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 425-217B, the following additional water quality standards shall apply:

[1]

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;

[2]

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;

[3]

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 § 425-217C(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:

[a]

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

[b]

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.

[4]

If the potential for contamination of stormwater runoff by petroleum products exists on-site, 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.

(i)

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.

(j)

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.

(a)

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts related to applicable major and minor development.

(b)

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 425-217D, complete one of the following:

[1]

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;

[2]

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;

[3]

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

[4]

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.

(c)

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

(d)

There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface water body. 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.

(e)

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:

(a)

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

(b)

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.

(1)

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.

(2)

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.

(3)

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).

(4)

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.

(5)

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.

(6)

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.

(7)

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.

(1)

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: https://dep.nj.gov/stormwater/bmp-manual/.

(a)

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 § 425-217C(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.

(b)

Additional maintenance guidance is available on the NJDEP's website at: https://dep.nj.gov/stormwater/maintenance-guidance/.

(2)

Submissions for review.

(a)

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.

(b)

Submissions required for review by the Pinelands Commission should be emailed to appinfo@pinelands.nj.gov.

Solids and floatable materials control standards.

(1)

Site design features identified under § 425-217C(5), or alternative designs in accordance with § 425-217C(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.

(a)

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:

[1]

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

[2]

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 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.

[3]

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.

(b)

The standard in Subsection F(1)(a) above does not apply:

[1]

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;

[2]

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;

[3]

Where flows from the water quality design storm established at § 425-217C(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]

A rectangular space 4 5/8 inches long and 1.5 inches wide (this option does not apply for 1 1/2 outfall netting facilities); or

[b]

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 7.4(b)1].

[4]

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 § 425-217C(16)(d); or

[5]

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.

(1)

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.

(2)

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.

(3)

Requirements for trash racks, overflow grates and escape provisions.

(a)

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:

[1]

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

[2]

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

[3]

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

[4]

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.

(b)

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:

[1]

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

[2]

The overflow grate spacing shall be no greater than two inches across the smallest dimension.

[3]

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.

(c)

Stormwater management BMPs shall include escape provisions as follows:

[1]

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 freestanding outlet structure may be exempted from this requirement;

[2]

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 G(5) below for an illustration of safety ledges in a stormwater management BMP; and

[3]

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.

(4)

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.

(5)

Safety ledge illustration.

Figure 1. Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

(1)

Submission of site development stormwater plan.

(a)

Any application for major development approval shall include a site development stormwater plan containing all information required in § 425-217H(3).

(b)

Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 425-217H(4).

(c)

The site development stormwater plan shall demonstrate that the proposed development meets the standards of this section.

(d)

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 § 425-217C (16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 425-217C(15), (16) and (17) and shall be met using the methods, calculations and assumptions provided in § 425-217D.

(e)

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.

(f)

The applicant shall submit 10 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 U.S. feet or shape format NAD 1983 State Plane New Jersey FIPS 2900 U.S. 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.

(2)

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.

(3)

Checklist requirements for major development. Any application for major development approval shall include a site development stormwater plan containing, at minimum, the following information.

(a)

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 equals 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 man-made features not otherwise shown. Vineland City or the Pinelands Commission may require upstream tributary drainage system information as necessary.

(b)

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:

[1]

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

[2]

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]

A soils report based on onsite soil tests;

[b]

Location and spot elevations in plan view of all test pits and permeability tests;

[c]

Permeability test data and calculations;

[d]

Any other required soil or hydrogeologic data (e.g., mounding analyses results) correlated with location and elevation of each test site;

[e]

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.

(c)

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.

(d)

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:

[1]

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 § 425-217C (16)(g).

[2]

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 § 425-217C(16)(h).

(e)

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:

[1]

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

[2]

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.

(f)

Groundwater mounding analysis. The site development stormwater plan shall contain a groundwater mounding analysis in accordance with § 425-217C(7)(a).

(g)

Inspection, maintenance and repair plan. The site development stormwater plan shall contain an inspection, maintenance and repair plan containing information meeting the requirements of § 425-217I(2) of this section.

(4)

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:

(a)

All existing and proposed development, including limits of clearing and land disturbance.

(b)

All existing and proposed lot lines.

(c)

All wetlands and required wetland transition areas.

(d)

The type and location of each green infrastructure stormwater management measure.

(e)

A cross-sectional drawing of each stormwater management measure showing the associated:

[1]

Soil profile;

[2]

Soil permeability test elevation;

[3]

Soil permeability rate; and

[4]

The elevation of, and vertical separation to, the seasonal high water table.

(f)

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 § 425-217C(7)(b).

(g)

A maintenance plan containing information meeting the requirements of § 425-217I(2) of this section.

(5)

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.

(1)

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.

(2)

The maintenance plan shall include the following:

(a)

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.

(b)

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.

(c)

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.

(d)

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.

(e)

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 § 425-217I(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.

(f)

For all major development, the following additional standards apply:

[1]

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;

[2]

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

[3]

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:

[a]

The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners' association;

[b]

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.

(g)

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:

[1]

A copy of the certified plan required pursuant to § 425-217H(4);

[2]

A description of the required maintenance activities for each stormwater management measure; and

[3]

The frequency of each required maintenance activity.

(3)

General maintenance and repair.

(a)

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.

(b)

The person responsible for maintenance identified under § 425-217I(2)(b) shall perform all of the following requirements:

[1]

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;

[2]

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

[3]

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 I(3)[1] and [2] above.

(c)

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.

(d)

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.

(4)

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.

(1)

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.

(2)

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:

(a)

No variances shall be granted from § 425-217C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface water body 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;

(b)

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;

(c)

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;

(d)

The applicant demonstrates that the proposed design achieves the maximum possible compliance with the design and performance standards of this section on-site; and

(e)

A mitigation project is implemented, in accordance with the following:

[1]

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.

[2]

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.

[3]

The mitigation project shall be approved no later than preliminary or final site plan approval of the major development.

[4]

The mitigation project shall be constructed prior to, or concurrently with, the development receiving the variance.

[5]

The mitigation project shall comply with the green infrastructure standards at Subsection C(14).

[6]

If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 425-217C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 425-217C(5), and/or an alternative stormwater management measure approved in accordance with § 425-217C(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 § 425-217C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 425-217C(14)(b), as applicable.

[7]

A variance from the groundwater recharge standards at § 425-217C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 425-217C(15).

[8]

A variance from the stormwater runoff quality standards at § 425-217C(16) may be granted if the following are met:

[a]

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

[b]

The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 425-217C(16)(g).

[9]

A variance from the stormwater runoff quantity standards at § 425-217C(17) may be granted if the following are met:

[a]

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;

[b]

The mitigation project indirectly discharges to the same watercourse and is located upstream of the major development subject to the variance; and

[c]

The mitigation project provides peak flow rate attenuation in accordance with § 425-217C(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 § 425-217I. 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.

(3)

Any approved variance shall be submitted by the municipal review agency to the county review agency and the NJDEP, by way of a written report describing the variance, as well as the required mitigation, within 30 days of the approval.

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 the penalties as set forth in Chapter I, Article II, § 1-15 of the Code of the City of Vineland.