A.
Applicability. All development within the municipality shall comply
with the standards set forth in this article in addition to all other
regulations and standards of this chapter. All standards established
by this chapter, and those hereafter adopted by the municipality,
shall govern the design, construction and installation of all buildings,
structures, improvements and landscaping.
B.
Minimum standards.
(1)
The standards and regulations in this article are intended to be
the minimum provisions necessary to achieve the purposes and objectives
of both this chapter and the New Jersey Pinelands Comprehensive Management
Plan.
(2)
The construction standards and required improvements are intended
to protect and provide for the general health, safety and welfare
of the municipality's residents and visitors.
C.
Adoption of other standards. The following standards, regulations
and management programs are hereby adopted by reference and incorporated
into the design and improvement standards of this article:
(1)
The current New Jersey Pinelands Comprehensive Management Plan, as
amended and adopted by the Pinelands Commission.
(2)
The current New Jersey State Highway Standards for Road and Bridge
Construction, including the Standard Construction Details, as published
by the New Jersey Department of Transportation.
(3)
References. All references in this chapter to construction standards, regulations or management programs, unless otherwise indicated, refer to the provisions of Subsection C(1) or (2) above. If no specific reference is made to construction or design standards, it shall be assumed that the corresponding standards referenced in Subsection C(1) or (2) above shall apply.
D.
Conflicting standards. In the event of a conflict among the provisions of this chapter, the standards referenced in Subsection C or any other applicable standard or regulation, the stricter provision shall apply.
E.
Nonadopted standards. In the event that the municipality has not adopted standards for a specific type of design, construction or improvement, and the standards referenced in Subsection C do not cover that particular type of design, construction or improvement, then the generally accepted principals of planning or engineering set forth in accepted texts and construction manuals, and modified as necessary by the Municipal Engineer, shall apply.
F.
Waiver of standards. In certain instances, the general application
of all of the standards or improvements required in this article may
not be feasible, practical or appropriate, in which case the Planning
and Zoning Board or Zoning Board of Adjustment may issue a waiver
based upon findings of fact and recorded in the resolution of approval.
G.
Failure to comply. Failure by an applicant, subdivider, developer,
contractor or agent to conform to these specifications and standards
shall be just cause for suspension of work without right to claim
damages from the municipality, its officers or agents for such stoppage.
Fill areas. Whenever fill areas are encountered on site, the
standards and conditions of this section shall apply in addition to
all other applicable standards and conditions of this chapter.
A.
Proposed fill materials, depths, areas and subgrade information shall
be shown on the plans.
B.
Additional soil information regarding bearing capacity and load settlement
shall be provided where any building construction is proposed on fill
areas or where any street improvements are proposed on fills exceeding
four feet in depth. Compactive construction efforts, including lift
heights, equipment to be used, equipment weight, number of passes
and optimum moisture content shall also be listed on the submitted
plans.
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
All development shall adhere to the relevant air quality standards
of N.J.A.C. 7:27 et seq. Adherence to the standards of this section
shall be determined by means of an air quality simulation model approved
by the New Jersey Department of Environmental Protection pursuant
to N.J.A.C. 7:27-18.3.
[Amended by Ord.
No. 1997-2]
B.
Applications for residential development of 100 or more units and
any other development involving more than 300 parking spaces located
in any district 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.
A.
Intent. It is the intent of this chapter to promote the conservation
of energy by encouraging development that takes advantage of the southern
orientation of buildings, utilizes building design and materials to
save energy over the expected life of the building and employs landscaping
to complement building design in taking advantage of solar energy.
B.
Development standards.
(1)
Southern orientation of buildings. New lots, streets and buildings
shall be designed so that, to the maximum extent practical, all new
buildings may be oriented with their longer building axis running
within 22 1/2° of a true east-west direction.
(2)
Buildings. To the maximum extent practical, provisions shall be made
to maximize winter solar access to buildings and to shade south and
west walls and windows from the summer sun.
(3)
Landscaping. To the maximum extent practical, landscaping shall be
designed and installed to maximize winter solar access to buildings,
to shade south and west walls and windows from the summer sun and
to protect the building from excessive exposure to the northwest wind.
Consideration shall be given to the selection of tree species, the
size, length and intensity of their shadows, the siting of new trees
and removal of existing trees.
(4)
Solar easements and restrictive covenants. Solar access to principal
buildings and landscaping improvements for solar energy may be protected
by utilizing solar easements and restrictive deed convenants.
C.
Energy conservation plan. All commercial or industrial facilities
greater than 15,000 square feet and all residential development greater
than 25 dwelling units shall submit an energy conservation plan to
the municipality with an application for development approval. The
plan shall include the following items:
(1)
The extent to which the site design enables the maximum number of
buildings to receive sufficient sunlight for using solar energy systems
for space, water or industrial process heating or cooling.
(2)
The extent to which existing vegetation, topography and landscaping
are utilized to maximize the potential use of solar energy systems
for space, water or industrial process heating or cooling.
(3)
The extent to which the site design minimizes the impact on potential
use of solar energy by adjacent buildings or properties.
(4)
The extent to which energy-efficient building techniques are used,
including building openings, awnings, windows, color of roof and exterior
surfaces, construction materials and insulation.
(5)
The extent to which energy-efficient lighting, heating and cooling
techniques are employed for buildings.
A.
Intent. In order to protect the lives and property of the general
public, special recognition is made of the threat posed by forest
fires. To mitigate the dangers imposed upon lives and properties,
all development shall conform to the requirements of this section.
B.
Fire hazard classifications.
[Amended 5-4-1989 by Ord. No. 1989-4]
(1)
The following vegetation classifications shall be used in determining
the fire hazard of a parcel of land:
[Amended 9-2-1993 by Ord. No. 1993-8]
Fire Hazard Classification
| ||
---|---|---|
Hazard
|
Vegetation Type
| |
Low
|
Atlantic white cedar hardwood swamps
| |
Moderate
|
Nonpine barrens forest, prescribed burned areas, tidal marsh
and oldfield wildland areas
| |
High
|
Pine barrens forest, including mature forms of pine, pine-oak
or oak-pine
| |
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-scrub oak and pine-lowland
|
(2)
In addition, the area forest fire hazard classifications assigned
in the table titled "Forest Fire Fuel Hazard," on page 30 of the Washington
Township Master Plan, and the map titled "Fuel Hazard and Tax Parcels
- Washington Township" (NJ Forest Fire Service, June 2011), are hereby
adopted as part of this section. These classifications are generalized,
and in case of a controversy, site-specific classifications may be
made in accordance with a site vegetation survey and the fire hazard
classifications specified above. Such surveys shall consider both
on-site forest fuel types as well as exposures to forest fuel hazards
on adjacent lands.
[Amended 9-11-2012 by Ord. No. 2012-11]
C.
Fire hazard mitigation standards. No development shall be carried out in forested areas classified as moderate, high or extreme hazards under the wildlife Fire Hazard Classification table in Subsection B unless such development complies with the following standards:
(1)
All proposed developments, or units or sections thereof, of five
dwelling units or more shall have two accessways of a width and improved
surface sufficient to accommodate the safe passage and use by fire-fighting
trucks and equipment.
[Amended 9-2-1993 by Ord. No. 1993-8]
(2)
All developments involving dwellings, businesses and recreational
facilities that are set back more than 50 feet shall be served by
an access lane or private street that is 15 feet wide, terminates
in a manner which provides safe and efficient entry and turnaround
for fire equipment and, if present, has bridges or culverts having
a highway load limit of at least 10 tons.
[Amended 5-4-1989 by Ord. No. 1989-4; 9-2-1993 by Ord. No. 1993-8]
(3)
The rights-of-way of all public, private and woods roads shall be
maintained so that they provide an effective fire break. This requirement
shall not apply to unopened paper streets.
(4)
(5)
All structures shall meet the following requirements:
(a)
Roofs and exteriors will be constructed of fire-resistant materials
such as asphalt rag felt roofing, tile, slate, asbestos cement shingles,
sheet iron, aluminum or brick. Fire-retardant-treated wood shingles
or shake-type roofs are prohibited in high or extreme fire hazard
areas.
[Amended 5-4-1989 by Ord. No. 1989-4]
(b)
All projections such as balconies, decks and roof gables shall
be constructed of fire-resistant materials or materials treated with
fire-retardant chemicals.
(c)
All openings in roofs, attics or floors shall be screened.
(d)
Chimneys and stovepipes designed as flues for solid or liquid
fuels shall be equipped with screens over the outlets.
(e)
Flat roofs shall be prohibited in areas where vegetation is
higher than the roof.
D.
Exceptions. Development review for access, driveways and fire management
shall be made with the approval of the Municipal Fire Chief of the
local Fire Department, or other certified fire officer or official
as the alternate, as may be so designated from time to time by the
governing body of the Township of Washington.
[Added 12-13-2016 by Ord.
No. 2016-07A]
A.
No development shall be carried out in the Pinelands area unless
it is designed to avoid irreversible adverse impacts on habitats that
are critical to the survival of any local populations of those threatened
or endangered animal species designated by the Department of Environmental
Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Protection of wildlife habitat. All development shall be carried
out in a manner which avoids disturbance to distinct fish and wildlife
habitats essential for continued nesting, resting, breeding and feeding
of significant populations of fish and wildlife.
A.
Submission standards. Each plan for development shall include the
flood hazard zone designation found on the current Flood Insurance
Rate Map.
B.
Additional information required for special flood hazard areas. If
a development site is located in a special flood hazard area, being
Zone A or Zone A6 as shown on the current Flood Insurance Rate Map,
the following information shall be shown on the site plan or subdivision
plat:
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
A.
Permit required. No forestry shall be carried out by any person unless
a permit for such activity has been issued by the Township Zoning
Officer. Notwithstanding this requirement, no such permits shall be
required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year;
(3)
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted;
(4)
Forest stand improvement designed to selectively thin trees and brush,
provided that no clearing or soil disturbance occurs and that the
total land area on the parcel in which the activity occurs does not
exceed five acres in any one year; and
(5)
Prescribed burning and the clearing and maintaining of fire breaks.
B.
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 7-10-2012 by Ord. No. 2012-07]
(1)
For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Comprehensive
Management Plan. No certificate of filing from the Pinelands Commission
shall be required.
(2)
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject
parcel;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS quadrangle map, or copy thereof, and a copy of the municipal
Tax Map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a]
The name, mailing address and telephone number
of the owner of the subject parcel;
[b]
The municipality and county in which the subject
parcel is located;
[c]
The block and lot designation and street address,
if any, of the subject parcel;
[d]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
[2]
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
[3]
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
native forest types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
[a]
The number of acres;
[b]
The general condition and quality of each stand;
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection B(2)(g)[2] above;
[d]
An inventory and map of Pinelands native forest
types with native forest types broken into stands, including information
on type, size and volume by species;
[e]
The age of representative trees;
[f]
The species composition, including overstory, understory,
ground layer structure and composition;
[g]
The stand cohort composition;
[h]
The percent cover;
[i]
The basal area;
[j]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[k]
The condition and species composition of advanced
regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth
rates and volume;
[m]
Projections of intended future stand characteristics
at ten-, twenty-, and forty-year intervals;
[n]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[i]
Stand improvement practices;
[ii]
Site preparation practices;
[iii]
Harvesting practices;
[iv]
Regeneration and reforestation practices;
[v]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[vi]
Herbicide treatments;
[vii]
Silvicultural treatment alternatives;
[viii]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[ix]
Implementation instructions; and
[x]
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
[4]
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map
was prepared;
[b]
An arrow designating the North direction;
[c]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as
roads, streams and structures;
[f]
The identification of soil types (a separate map
may be used for this purpose);
[g]
A map inset showing the location of the parcel
in relation to the local area;
[h]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet, or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[i]
A legend defining the symbols appearing on the
map.
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 275-68;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below.
(k)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(l)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in § 275-89C below;
(m)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
(n)
When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 275-105E(1).
C.
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
[Amended 7-10-2012 by Ord. No. 2012-07]
(1)
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
(2)
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site;
(3)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic white cedar in cedar and hardwood
swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§ 275-87A and 275-95D. The species accounts provided in the "Recommended Forestry Management Practices Report." Appendix I, Endangered Animals, dated March 2006, as amended and supplemented, and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(5)
All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
herein;
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 275-68;
(7)
A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic white cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities;
(8)
Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
(9)
The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
[1]
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection B(2)(j) above;
[2]
Control of competitive plant species is clearly necessary;
[3]
Control of competitive plant species by other, nonchemical,
means is not practical;
[4]
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
state and federal requirements; and
[5]
In pine-shrub-oak native forest types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak resprouting outside
those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains native forest types;
[2]
Disking shall only be permitted in pine-shrub-oak native forest
types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
[a]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted;
[3]
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic white cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
[4]
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in pine-shrub-oak native forest types
or Pine Plains native forest types;
[2]
When used to establish, restore or regenerate Atlantic white
cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
Root raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
(g)
Drum chopping shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains Native Forest Types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
[2]
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic white cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted, except
to create scattered early successional habitats under two acres in
size;
[b]
Drums shall remain unfilled when used during the
dormant season;
[c]
Chop up and down the slope on a parcel so the depressions
made by the cleats and chopper blades run parallel to the contour
of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, 180-degree turns at the end
of each straight pass.
(10)
The following standards shall apply to silvicultural practices
for harvesting:
(a)
Clearcutting shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains native forest types;
[2]
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
[3]
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clearcut and
the parcel boundaries;
[4]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger clearcut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
[5]
Where present on a parcel a minimum of 18 dead snags per acre
of at least 10 inches diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
[6]
The area of the parcel subject to the clearcut shall have contoured
edges unless the boundary of the clearcut serves as a firebreak, in
which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands native forest
types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger coppice cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
[5]
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak, in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger clearcuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years;
[5]
The area of the parcel subject to the seed tree cut shall have
contoured edges unless the boundary of the seed tree cut serves as
a firebreak, in which case straight edges may be used;
[6]
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
[7]
Residual seed trees shall be distributed evenly throughout the
parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
(11)
The following standards shall apply to silvicultural practices
for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the Pine Plains native forest type, except as provided in Subsection C(11)(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[1]
The use of non-native cuttings, seedlings or seeds shall not
be permitted;
[2]
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
[3]
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
[4]
When used in Pine Plains native forest types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar, sources.
(12)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(13)
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(14)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25.
(2)
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant, in writing, of any additional information which is
necessary to complete the application. Should the Zoning Officer fail
to make such a determination within 14 days, the application shall
be considered to be complete as of the 15th day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C or disapprove any application which does not meet the requirements of Subsection C. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(7)
Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this chapter
and the Pinelands Comprehensive Management Plan are met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours' written
notice of the intention to begin harvesting operations.
A.
Stakes and grades. Prior to construction, all stakes and grades shall
be set by a licensed land surveyor, and a set of the field notes shall
be filed with the Municipal Engineer.
B.
Notification. Before work commences, the Municipal Engineer shall
be notified, and under no circumstances shall underground work be
backfilled or covered until inspected by the Municipal Engineer.
C.
Unacceptable work. If, during construction, a subdivider or developer
fails to meet specified requirements or to correct unacceptable work,
he or she shall be notified of such failure by certified mail, return
receipt requested, with instructions for correcting the situation.
If corrections have not been made within 10 days, the municipality
shall serve the subdivider or developer with a notice of failure to
comply, with a copy to the Planning and Zoning Board or Zoning Board
of Adjustment, and work may be suspended.
Recreational development shall conform to the following requirements:
A.
All recreational areas and facilities shall be designed in accordance
with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 through 3, and with
the New Jersey Department of Environmental Protection's publication
titled "Administrative Guidelines: Barrier-Free Design Standards for
Parks and Recreational Facilities."
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Improved bicycling facilities shall be provided only in conjunction
with paved roads.
Roadway construction shall conform to the following requirements:
A.
Right-of-way planning.
(1)
The municipality shall take into consideration the officially adopted
Master Plan and Official Map when reviewing and approving subdivision
plats or site plans. Priority land planning consideration shall be
given to officially adopted street rights-of-way, drainage rights-of-way,
public school sites, public parks and playgrounds, scenic sites, historic
sites and flood control facilities and areas.
(2)
Right-of-way planning shall provide for the appropriate extensions
of existing streets and rights-of-way.
(3)
The right-of-way width on all streets shall be measured from lot
line to lot line and shall not be less than the width listed below.
A new street that is a continuation of an existing street shall be
continued at a width equal to the existing street, although a greater
width may be required in accordance with the following schedule:
Street or Road Classification
|
Right-of-Way Width
(feet)
| |
---|---|---|
Arterial
|
86
| |
Major collector
|
86
| |
Minor collector
|
66 to 86
| |
Local
|
50
|
(4)
Subdivisions or site plans that adjoin or include existing streets not in conformance with the width requirements of the Master Plan, Official Map or Subsection A(3) shall dedicate additional right-of-way width along one side or both sides of said streets. If the development is along one side only, 1/2 of the required extra width shall be dedicated. If along both sides, the full extra width shall be dedicated. In lieu of dedication, and at the option of the Planning and Zoning Board or Zoning Board of Adjustment, the applicant may forego formal dedication, providing that all setback lines are measured from the right-of-way line proposed in the above-listed official documents, and further providing the applicant can make satisfactory arrangements for the maintenance of all privately owned properties within the limits of the proposed official right-of-way.
(5)
Streets having a right-of-way width of 50 feet shall have a cartway
width of not less than 24 feet nor more than 30 feet, and streets
having a right-of-way width of more than 50 feet shall have a cartway
width of not less than 24 feet nor more than 60% of the right-of-way
width.
(6)
The right-of-way width for internal roads and driveways in nonresidential,
commercial or industrial developments shall be determined on an individual
basis; however, said widths shall not be less than the following:
(7)
Local streets shall serve both major and minor subdivisions, and
these streets shall be publicly owned, designed to discourage through
traffic and to follow the existing topography as much as practical,
and constructed with an all-weather base and pavement and provided
with an adequate crown.
(8)
No residential service street may be connected directly to any arterial
street other than by means of a collector street.
(9)
Dead-end streets and culs-de-sac shall not be longer than 1,500 feet
in length. Culs-de-sac shall be provided with an unobstructed turning
radius of at least 40 feet, the end of which shall be tangent, whenever
possible, to the right side of the street. If a dead-end street is
of a temporary nature, a similar turnaround shall be provided and
provisions made for future extension of the street and reversion of
the excess right-of-way to the adjoining properties.
(10)
No street shall have a name which will duplicate, or so nearly
duplicate as to be confused with, the names of any existing streets.
The continuation of an existing street shall have the same name. All
street names shall be approved by the municipality.
B.
Street layout and design standards.
(1)
No street shall have a grade of less than 0.3% nor greater than 8%.
Minor streets intersecting major streets shall have grades not exceeding
2% within 100 feet of the major street's right-of-way line.
(2)
Street crowns shall generally range from four to six inches in height.
(3)
No more than two street center lines shall meet or intersect at any
one point. Approaches to all intersections shall follow a straight
line for at least 100 feet measured from the right-of-way line for
the intersected street.
(4)
Street intersections shall be as nearly at right angles as possible,
and in no case shall such streets be at an angle of less than 75°.
(5)
Curblines at intersections shall be rounded with a radius of not
less than 20 feet. The corresponding property lines behind the curblines
shall be rounded with a radius of not less than 10 feet.
(6)
Street center lines intersecting another street center line from
opposite sides shall not be offset into two "T" intersections unless
the distance between the two intersecting center lines is at least
200 feet for a local street or minor collector and at least 800 feet
for an arterial street or a major collector.
(7)
Street jogs with center line offsets of less than 100 feet shall
be prohibited.
(8)
A tangent distance at least 100 feet in length shall be introduced
between reverse curves on all streets.
(9)
Horizontal curves connecting street center lines shall have radii
not less than the following:
Street Classification
|
Minimum Center Line Radius
(feet)
| |
---|---|---|
Arterial
|
As per state or county design standards
| |
Major collector
|
300
| |
Minor collector
|
300
| |
Local
|
100
|
NOTES:
In no case shall the center line curve radius be less than that
required for the design speed of the particular street in question.
|
(10)
In general, horizontal alignment of street center lines shall
permit safe traffic conditions for both motorists and pedestrians,
including the following minimum sight distances:
Street Classification
|
Minimum Sight Distance
(feet)
| |
---|---|---|
Arterial
|
As per state or county design standards
| |
Major collector
|
500
| |
Minor collector
|
350
| |
Local
|
200
|
C.
Street improvement standards.
(1)
Where fill is required, the underlying ground surface shall be stripped
of all brush and trees before filling is commenced. Unsuitable soils
shall be removed. Backfill shall be a well-graded soil or a mixture
of soil aggregates that are porous, free from excessive fines and
free from organic materials that may settle or decay. The fill shall
be formed in successive layers not exceeding one foot in depth, and
each layer shall be compacted by construction equipment until it is
firm and unyeilding before the next layer is placed. The finished
subbase shall be thoroughly compacted and bound together, hard, smooth
and even, free from defects and at the proper grade and cross-section.
(2)
In wet areas, the subbase shall consist of a minimum depth of six
inches of quarry blend or a greater depth determined by the Municipal
Engineer.
(3)
The gravel base course shall consist of six inches of compacted road
aggregate, Type 2, Class A or B. Quarry blend may be substituted for
road aggregate, providing it is at least six inches thick and providing
that the Municipal Engineer has approved the gradation.
(4)
A two-inch thick bituminous stabilized base course shall be used
as a temporary road surface until such time as further damage from
heavy truck traffic and construction equipment is not expected. The
stabilized base course shall be Mix No. I-1 or I-2.
(5)
A minimum surface course of 1 1/2 inches of bituminous concrete
shall be applied to the stabilized base course when heavy truck traffic
has ended. The surface course shall be Mix No. I-4, I-5 or I-6.
(6)
Road shoulders shall be constructed when requested by the municipality
after consideration has been given to traffic volume, pedestrian volume,
public safety and the demand for parking or stopping on the street.
If required, road shoulders may be constructed of the following materials:
(a)
Bituminous concrete paving over a compacted road aggregate or
quarry blend base.
(b)
Oil and stone surface treatment over a compacted road aggregate
or quarry blend base. The oil and stone application shall comply with
the municipality's road maintenance and repair specifications.
(c)
Quarry blend with an asphaltic binder.
(d)
Compacted road aggregate.
(7)
In general, streets shall be constructed with shoulders and natural
drainage swales to promote stormwater infiltration. If required by
the Planning and Zoning Board or Zoning Board of Adjustment, concrete
curbs, gutters and sidewalks shall be constructed of Class B concrete
and shall comply with the following standards:
(a)
Concrete curb: minimum six inches by 18 inches.
(b)
Concrete gutter: minimum six inches by 24 inches.
(c)
Concrete sidewalk: minimum four inches by four feet; edge located
three feet from curbline
(d)
Monolithic pours may be made, in which case the overall curb
height may be reduced to 12 inches.
(8)
Where bituminous concrete streets are constructed without concrete
curbs, the outer two feet of the bituminous concrete surface course
shall be increased to a minimum thickness of four inches without diminishing
any other structural dimension.
(9)
Street signs may be required by the Planning and Zoning Board or
Zoning Board of Adjustment. If required, the signs shall be of a type
acceptable to the municipality. At least two street signs shall be
installed at four-way intersections and one sign at "T" intersections.
(10)
Street lighting standards and fixtures of a type and number
determined by the Planning and Zoning Board or Zoning Board of Adjustment
may be required at street intersections, curves and other locations
designated by the municipality.
D.
Block and lot development standards.
(1)
Block lengths and widths or acreage within bounding roads shall be
designed to accommodate the size of the lot required in this chapter
and shall provide convenient access, circulation control and safety
of street traffic.
(2)
To the maximum extent practical, side lot lines shall be at right
angles to the street right-of-way.
(3)
Each lot must front upon an accepted street complying with the minimum
street widths set forth in this chapter.
(4)
Where extra width has been dedicated or otherwise provided for widening
existing streets, or where additional right-of-way width is called
for in the Master Plan or Official Map, all front yard setbacks shall
be measured from the proposed right-of-way line.
(5)
When determining block and lot lines, consideration shall be given
to preserving significant trees, watercourses, vantage points and
other dominant natural features.
E.
Pedestrian circulation standards.
(1)
In blocks over 1,000 feet in length, pedestrian crosswalks may be
required in locations deemed necessary by the Planning and Zoning
Board or Zoning Board of Adjustment. Other locations may also be required
in the vicinity of schools or areas where children congregate. Pedestrian
crosswalks shall be 10 feet wide and shall be delineated according
to New Jersey State Department of Transportation standards.
(2)
Concrete sidewalks may be required at the discretion of the Planning
and Zoning Board or Zoning Board of Adjustment depending upon the
probable volume of pedestrian traffic, the site's location in relation
to populated areas and the general type of improvement intended. Where
required, sidewalks shall be at least four feet wide, providing that
a greater width may be required by the Planning and Zoning Board or
Zoning Board of Adjustment.
F.
Easements and dedicated rights-of-way.
(1)
Utility easements may be required along rear or side property lines.
Such easements shall be at least 15 feet wide and located as required
by the utility companies or the municipality. These easements shall
be shown on final plats.
(2)
Where the Master Plan or Official Map delineates floodplains and
other critical areas, appropriate easements shall be delineated on
the final plat.
(3)
Sight triangles required by this chapter shall be delineated on the
final plat.
A.
Scenic corridor designations. Except for those roads which provide
for internal circulation within residentially developed areas, all
public paved roads and the Special Agricultural (SA) and Pinelands
Preservation (PP) Districts are hereby designated scenic corridors.
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Scenic corridor standards.
(1)
Except as otherwise provided in this section, no permit for other
than agricultural commercial establishments and roadside stands shall
be issued for development along a scenic corridor unless all buildings
are set back at least 50 feet from the center line of the scenic corridor.
Any structure set back beyond 50 feet shall be served by a cleared
and graded lane that is no longer than 500 feet, has a turnaround
area at the structure with a radius of at least 50 feet, a turnout
or passing area every 200 feet along the lane, and a maintained lane
width of at least 16 feet with all limbs pruned to a minimum height
of 12 feet. All bridges and culverts along the lane shall have a highway
load limit of at least 10 tons. Septic tank locations and other soft
areas should be delineated.
(2)
No more than 10 automobiles, trucks or other motor vehicles, whether
or not they are in operating condition, shall be stored on any lot
unless said motor vehicles are adequately screened from scenic corridors
and any adjacent residential uses. All vehicles not in operating condition
shall be stored only if their gasoline tanks have been drained. This
subsection shall not apply to vehicles in operating condition and
maintained for agricultural purposes.
(3)
New utility distribution lines and services to new locations shall
be installed underground except for those lines or services serving
active agricultural operations.
(4)
Aboveground utility facilities shall be screened from adjacent uses by buffer strips complying with the requirements and standards of § 275-95C of this article and the particular requirements of the zoning district.
(5)
To the maximum extent practical, electric transmission lines not
installed underground shall be located on existing poles or towers.
C.
Special scenic corridor designations. The following rivers are hereby
designated as special scenic corridors of significance to the Pinelands:
(1)
Mullica River — along the entire border of Washington Township.
(2)
Wading River — from the confluence with the Mullica River to
the Route 563 crossing at Speedwell.
(3)
Oswego River — from the confluence with the Wading River to
the Sim Place reservoir dam.
(4)
Batsto River — along the entire border of Washington Township.
D.
Special scenic corridor standards.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
A.
Clearing and vegetation removal.
(1)
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
(2)
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
B.
Landscaping plans.
(1)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(2) below.
(2)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection B(1) above or required pursuant to Articles VIII and IX 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;
and
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used
for revegetation or landscaping purposes. Other shrubs and trees may
be used in the following circumstances:
[1]
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[2]
For limited ornamental purposes around buildings and other structures;
or
[3]
When limited use of other shrubs or tree species is required
for proper screening or buffering.
(e)
Landscaping shall be designed to complement and accentuate buildings
on site.
(f)
A landscaping schedule shall accompany the landscaping plan
and shall contain plant species, legend, size and ball and planting
notes.
(g)
Landscaping reference. Plant materials, designations, standards,
specifications, caliper and height measurements and ball size shall
comply with the American Standard for Nursery Stock, ANSI Z60, 1-1973.
(3)
All plants not surviving one year after planting shall be replaced.
C.
Buffer strips. Buffer strips, as required for site improvements in this chapter, shall consist of a combination of fencing, landscaping and open space designed to present an all-season visual barrier between the site in question and its neighboring properties. Landscaping plants shall consist of those shrubs and trees authorized by N.J.A.C. 7:50-6.25, subject to the exceptions of Subsection B(2)(d). At the time of planting, trees shall be at least 1 1/2 inch caliper and shrubs shall be at least four feet high. Landscaping shall be planted in double alternating rows no more than eight feet on center in each row, and smaller shrubs may be incorporated among the screening plants.
D.
Threatened or endangered plant species. No development shall be carried
out unless it is designed to avoid irreversible adverse impacts on
the survival of any local populations of threatened or endangered
plants designated in N.J.A.C. 7:50-6.27.
A.
General.
(1)
Policy:
(a)
All development shall be designed and carried out to protect
and maintain the quality of both surface water and groundwater. Agricultural
use shall not be considered development for purposes of this section.
(b)
Except as specifically authorized in this section, no development
which degrades surface or groundwater quality or which establishes
new point sources of pollution shall be permitted.
[Amended 5-4-1989 by Ord. No. 1989-4]
(2)
General standards. Individual wastewater disposal systems shall be
installed in accordance with the requirements of the State Department
of Health, County Board of Health and the water quality standards
of the Pinelands Commission and Department of Environmental Protection.
B.
Permitted wastewater disposal systems and standards. The following
point and nonpoint sources may be developed and operated in the municipality:
[Amended 5-4-1989 by Ord. No. 1989-4]
(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 B(2) through (5) below, provided that:
[Amended by Ord.
No. 1997-2]
(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; and
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into 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 B(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 B(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; and
[Amended by Ord.
No. 1997-2]
(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 by Ord.
No. 1997-2]
(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 B(1)(a) above;
[Amended by Ord.
No. 1997-2]
(b)
There is no increase in the existing approved capacity of the
facility; and
(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 by Ord.
No. 1997-2]
(a)
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this chapter;
(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 B(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 § 275-73;
(c)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(d)
The depth to 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 Subsection C;
(g)
The technology has been approved for use by the New Jersey Department
of Environmental Protection; and
(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 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:
[Added by Ord.
No. 1997-2]
(b)
If the proposed development is nonresidential, it is located
in the PV-R, PV-NB or PV-I Zones; and
(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 B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 275-73.
(6)
Alternate design pilot program treatment systems, provided that:
[Added 7-8-2003 by Ord. No. 2003-03]
(a)
The proposed development to be served by the system is residential
and is otherwise permitted pursuant to the provisions of this chapter;
(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 B(6)(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 § 275-73;
(c)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(d)
The depth to 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)
No more than 10 alternate design pilot program treatment systems
utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single-family
dwelling;
(g)
Each system shall be equipped with automatic dialing capability
to the manufacturer, or its agent, in the event of a mechanical malfunction;
(h)
Each system shall be designed and constructed so that samples
of effluent leaving the alternate design pilot program septic system
can be readily taken to confirm the performance of the technology;
(i)
The manufacturer or its agent shall provide to each owner an
operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by a five-year warranty and a minimum
five-year maintenance contract, consistent with those approved pursuant
to N.J.A.C. 7: 50-10.22(a)2v, that cannot be cancelled and is renewable
and which includes a provision requiring that the manufacturer or
its agent inspect the system at least once a year and undertake any
maintenance or repairs determined to be necessary during any such
inspection or as a result of observations made at any other time;
and
[Amended 11-5-2018 by Ord. No. 2018-05]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(6)(i), above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.[1]
[Amended 11-5-2018 by Ord. No. 2018-05]
[1]
Editor's Note: Former Subsection B(6)(l), regarding installation
dates, which immediately followed, was repealed 11-5-2018 by Ord. No. 2018-05.
C.
Operation and maintenance.
(1)
On-site wastewater treatment systems. The owner of every on-site
wastewater treatment system shall, as soon as a suitable septage disposal
facility capacity is available:
[Amended 5-4-1989 by Ord. No. 1989-4]
(a)
Have the system inspected by a technician at least once every
three years.
(b)
Have the system cleaned at least once every three years.
(c)
At least once every three years, certify that the system has
been inspected, cleaned and is functional and shall forward a sworn
statement of this occurrence to the Municipal Board of Health.
(2)
Septic tank cleaners. The use of septic tank cleaners and disposal
bed oxidants is prohibited due to their questionable value and their
potential for polluting the groundwater.
D.
Nonpoint wastewater disposal standards.
(1)
Waste oil. Applications of waste or slop oil to roads and land surfaces
is prohibited.
(2)
Deicing chemicals. Storage facilities for deicing chemicals shall
be lined to prevent infiltration into the soil, and stockpiles shall
be covered with an impermeable surface to shield the chemicals from
precipitation.
(3)
Herbicides. Herbicides shall not be applied to any road or public
utility right-of-way unless necessary to protect an adjacent agricultural
activity.
(4)
Hazardous wastes. No hazardous, toxic, chemical, petroleum (including
oil spill pollutants), septic or nuclear waste shall be stored, discharged
or disposed of on any land within the municipality. Liquid or dewatered
sludge may only be applied as part of a land application program for
agricultural purposes when also approved by the New Jersey Department
of Environmental Protection.
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
General.
(1)
Policy:
(a)
Potable water wells shall be drilled and cased to a depth of
at least 100 feet or the full depth of the well, whichever is less,
unless the well penetrates an impermeable clay aquiclude, in which
case the well shall be drilled and cased to a depth of at least 50
feet or the full depth of the well, whichever is less.
(b)
Water shall not be exported from the municipality except by
natural surface water and groundwater flow entirely unaided and uninhibited
by man-made devices. Nothing in this subsection shall be interpreted
to prohibit the storage and control of surface or subsurface water
for agricultural establishments within the municipality, providing
that no water is exported from the municipality.
[Amended 5-4-1989 by Ord. No. 1989-4]
(2)
General standards. Individual water supply systems shall be installed
in accordance with the requirements of the State Department of Health,
County Board of Health and the water quality standards of the Pinelands
Commission and Department of Environmental Protection.
A.
General.
(2)
Classification:
(a)
Coastal wetlands. Coastal wetlands are banks, low-lying marshes,
swamps, meadows, flats and other lowlands subject to tidal inundation
which support or are capable of supporting any or all of the plants
listed in N.J.A.C. 7:50-6.4. Coastal wetlands include those lands
delineated by the wetlands maps of the New Jersey Department of Environmental
Protection.
(b)
Inland wetlands. Inland wetlands include, but are not limited
to, Atlantic white cedar swamps, hardwood swamps, pitch pine lowlands,
bogs and inland marshes which are dominated by or support the hydrophytic
plants listed in N.J.A.C. 7:50-6.5, and lakes, ponds, rivers and streams.
(3)
Prohibited development:
(a)
Development shall be prohibited in all wetlands and wetlands
transition areas except as specifically authorized by this chapter.
[Amended 9-2-1993 by Ord. No. 1993-8]
(b)
No development, excepting that which is specifically authorized by this chapter, shall be carried out within 300 feet of any wetlands unless the applicant has demonstrated that the proposed development will not result in any significant adverse impacts upon the wetlands as further described in Subsection C(2).
B.
Permitted uses. No development shall be permitted in any wetlands
except for the following:
(3)
Beekeeping.
(4)
Forestry subject to the requirements of N.J.A.C. 7:50-6.41 through
7:50-6.48.
[Amended 7-10-2012 by Ord. No. 2012-07]
(5)
Fish and wildlife management and wetlands management in accordance
with N.J.A.C. 7:50-6.10.
[Amended 7-10-2012 by Ord. No. 2012-07]
(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 wetlands as set forth in Subsection C, and provided that such development is in compliance with all other provisions of this section.
[Amended 5-4-1989 by Ord. No. 1989-4]
(8)
Commercial or public docks, piers, moorings, bulkheads and boat launches,
providing that:
(9)
Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities, provided that:
[Added 5-4-1989 by Ord. No. 1989-4; amended 9-2-1993 by Ord. No. 1993-8]
(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 wetlands; 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.
C.
Wetlands performance standards.
(2)
A significant adverse impact shall be deemed to exist when it is
found that one or more of the following modifications of a wetlands
area will have an irreversible effect on the ecological integrity
of the wetlands and its biotic components, including, but not limited
to, threatened or endangered species of plants or animals.
[Amended 5-4-1989 by Ord. No. 1989-4]
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal seasonal flow patterns in the wetlands.
(c)
An alteration of the water table in the wetlands.
(d)
An increase in erosion resulting in increased sedimentation
in the wetlands.
(e)
A change in the natural chemical or physical characteristics
of either surface waters or groundwaters in the wetlands.
(f)
A loss of wetlands habitat.
(g)
A reduction in wetlands habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting or feeding.