[Added 9-11-1990 by Ord. No. 08-1990]
A.
All development within the Pinelands Area shall comply with the standards
set forth in this article in addition to all other regulations of
this chapter.
B.
The standards and regulations of this article are intended to be
the minimum provisions necessary to achieve the purposes and objectives
of this chapter and Pinelands Protection Act. In the event of a conflict
between any provisions, the stricter provision shall apply.
A.
Uses. No development in the Pinelands Area shall be permitted in
a wetland or wetlands transition area except for the following uses:
[Amended 3-8-1994 by Ord. No. 02-1994]
(3)
Beekeeping.
(5)
Fish and wildlife management and wetlands management in accordance
with N.J.A.C. 7:50-6.10.
[Amended 2-12-2019 by Ord. No. 01-2019]
(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 there is no significant adverse impact on the wetland as set forth in Subsection B below.
(7)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B below.
(8)
Commercial or public docks, piers, moorings and boat launches,
provided that:
(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.
B.
Performance standards.
(2)
A significant adverse impact shall be deemed to exist where
it is determined that one or more of the following modifications of
a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components, including but not limited
to threatened or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging into a wetland;
(b)
A change in the normal seasonal flow patterns in the wetland;
(c)
An alteration of the water table in the wetland;
(d)
An increase in erosion resulting in increased sedimentation
in the wetland;
(e)
A change in the natural chemistry of the ground- or surface
water in the wetland;
(f)
A loss of wetland habitat;
(g)
A reduction in wetland habitat diversity;
(h)
A change in wetlands species composition; or
(i)
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting or feeding.
[Amended 3-11-1997 by Ord. No. 02-1997]
A.
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.
B.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.
D.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 160-122 shall incorporate the following elements:
(1)
The limits of clearing shall be identified;
(2)
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;
(3)
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
(4)
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:
(a)
When the parcel to be developed or its environs contains a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures;
or
(c)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
E.
Development prohibited in the vicinity of threatened or endangered
plants. No development shall be carried out by any person in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
the survival of any local populations of threatened or endangered
plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
A.
Protection of threatened or endangered wildlife required. No development
shall be carried out in the Pinelands Area unless it is designed to
avoid irreversible adverse impacts on habitats that are critical to
the survival of any local populations of those threatened or endangered
animal species designated by the Department of Environmental Protection
pursuant to N.J.S.A. 23:2A-1 et seq.
B.
Protection of wildlife habitat. All development or other authorized
activity shall be carried out in the Pinelands Area in a manner which
avoids disturbance to distinct fish and wildlife habitats that are
essential to the continued nesting, resting, breeding and feeding
of significant populations of fish and wildlife in the Pinelands.
[Amended 3-11-1997 by Ord. No. 02-1997; 2-12-2019 by Ord. No. 01-2019]
Any application for forestry activities in that portion of the
City located within the Pinelands Area shall comply with the application
procedures and standards of the Pinelands Comprehensive Management
Plan (N.J.A.C. 7:50-6.41 through 7:50-6.48).
All agricultural activities and fish and wildlife management
activities, including the preparation of land and the planting, nurturing
and harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service[1] and the New Jersey Agricultural Experimental Station at
Rutgers University.
[1]
Editor's Note: The Soil Conservation Service is now known
as the Natural Resources Conservation Service (NRCS).
A.
Application requirements. Any application filed for approval of resource
extraction operations in the Pinelands shall include at least the
following information:
(1)
The applicant's name and address and his interest in the subject
property.
(2)
The owner's name and address, if different from the applicant's
and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation and
street address, if any, of the subject property.
(4)
A description of all existing uses of the subject property.
(5)
A brief written statement generally describing the proposed
development.
(6)
A USGS quadrangle map, or copy thereof, and a copy of the municipal
tax sheet on which the boundaries of the subject property and the
Pinelands management area designation and zoning designation are shown.
(7)
A topographic map at a scale of one inch equals 200 feet, showing
the proposed dimension, location and operations on the subject property.
(8)
The location, size and intended use of all buildings.
(9)
The location of all points of ingress and egress.
(10)
A location map, including the area extending at least 300 feet
beyond each boundary of the subject property, showing all streams,
wetlands and significant vegetation, forest associations and wildlife
habitats.
(11)
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way.
(12)
A soils map.
(13)
A restoration plan which includes the following:
(a)
Method of stockpiling topsoil and overburden.
(b)
Proposed grading and final elevations.
(c)
Topsoil material application and preparation.
(d)
Type, quantity and age of vegetation to be used.
(e)
Fertilizer application, including method and rates.
(f)
Planting method and schedules.
(g)
Maintenance requirements schedule.
(14)
A signed acknowledgment from both the owner and the applicant
that they are responsible for any resource extraction activities which
are contrary to any provision of this chapter or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant.
(15)
A financial surety guaranteeing performance of the requirements of Subsections C and D in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the City as the obligee, shall be posted by the property owner or his agent with the City.
(16)
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.
B.
Time limit on resource extraction permit. No permit authorizing resource
extraction shall be issued for a period exceeding two 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.
C.
Resource extraction standards. Resource extraction operations shall
be approved only if the applicant can demonstrate that the proposed
resource extraction operation:
(1)
Is designed so that no area of excavation, sedimentation pond,
storage area, equipment, or machinery or other structure or facility
is closer than 200 feet to any property line; unless it can be demonstrated
that a distance between 100 and 200 feet will not result in greater
off-site environmental impacts;
(2)
Is to be located on a parcel of land of at least 20 acres;
(3)
Provides that all topsoil that is necessary for restoration
will be stored on the site but not within 200 feet of any property
line unless the area proposed for storage is unforested and will be
restored; and that the topsoil will be protected from wind and water
erosion;
(4)
Is fenced or blocked so as to prevent unauthorized entry into
the resource extraction operation through access roads;
(5)
Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways;
(6)
Is designed so that surface runoff will be maintained on the
parcel in a manner that will provide for on-site recharge to groundwater;
(7)
Will not involve excavation exceeding 65 feet below the natural
surface of the ground existing prior to excavation unless it can be
demonstrated that a depth greater than 65 feet will result in no significant
adverse impact relative to the proposed final use or on off-site areas;
(8)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units, and the area of clearing does not exceed that specified in Subsection C(10) below;
[Amended 3-11-1997 by Ord. No. 02-1997]
(9)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection D and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance; and
(10)
Will not involve clearing adjacent to ponds in excess of 20
acres or an area necessary to complete scheduled operation; or will
not involve unreclaimed clearing exceeding 100 acres or 50% of the
area to be mined, whichever is less, for surface excavation at any
time.
D.
Restoration standards. All parcels of land which are used for resource
extraction operations shall be restored as follows:
(1)
Restoration shall be a continuous process, and each portion
of the parcel shall be restored such that ground cover is established
within two years and tree cover established within three years after
resource extraction is completed for each portion of the site mined.
(2)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection C(8).
(3)
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; and the slope of the surface of restored surfaces shall not exceed one foot vertical to three feet horizontal, except as provided in Subsection D(6) below.
[Amended 3-11-1997 by Ord. No. 02-1997]
(4)
Topsoil shall be restored in approximately the same quality
and quantity as existed at the time the resource extraction operation
was initiated. All topsoil removed shall be stockpiled and used for
the next area to be restored, unless it is immediately reused for
reclamation that is currently underway.
[Amended 3-11-1997 by Ord. No. 02-1997]
(5)
Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated.
(6)
Any body of water created by the resource extraction operation
shall have a shoreline not less than three feet above and three feet
below the projected average water table elevation. The shoreline both
above and below the surface water elevation shall have a slope of
not less than five feet horizontal to one foot vertical. This requirement
shall apply to any water body or portion of a water body created after
December 5, 1994. For any water body or portion of a water body created
prior to December 5, 1994, this requirement shall apply to the extent
that it does not require grading of areas which have not been disturbed
by mining activities. Where grading would require such disturbance,
a reduction in the distance of the graded shoreline above and below
the average water table elevation shall be permitted.
[Amended 3-11-1997 by Ord. No. 02-1997]
(7)
All equipment, machinery and structures, except for structures
that are usable for recreational purposes or any other use authorized
in the area, shall be removed within six months after the resource
extraction operation is terminated and restoration is completed.
(8)
Reclamation shall, to the maximum extent practical, result in
the reestablishment of the vegetation association which existed prior
to the extraction activity and shall include:
[Amended 3-11-1997 by Ord. No. 02-1997]
(a)
Stabilization of exposed areas by establishing ground cover
vegetation; and
(b)
Reestablishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one of the following:
[1]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings
or other native Pinelands tree species per acre in a random pattern;
[2]
Cluster planting of characteristic Pinelands oak species, such
as blackjack oak, bear oak, chestnut oak and black oak, and shrubs,
such as black huckleberry, sheep laurel and mountain laurel, at a
spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth in Subsection D(8)(b)[1] and [2] above; or
[4]
The use of other planting techniques or native Pinelands species
as may be necessary to restore the vegetation association which existed
prior to the extraction activity.
(9)
Slopes beyond a water body's shoreline shall be permitted at
the natural angle of repose to the bottom of the pond.
[Added 3-11-1997 by Ord. No. 02-1997]
(10)
The letter of credit, surety bond or other guaranty of performance which secures restoration for each section shall be released after the requirements of Subsection D(1) through (9) above are determined by an approving authority or the Commission, as appropriate, as being met and is replaced with a maintenance guaranty for a period of two years thereafter.
[Amended 3-11-1997 by Ord. No. 02-1997]
A.
General.
(1)
All development shall be designed and carried out so that the
quality of surface and ground water will be protected and maintained.
Agricultural use shall not be considered development for purposes
of this subsection.
(2)
Except as specifically authorized in this section, no development
which degrades surface or ground water quality or which establishes
new point sources of pollution shall be permitted.
(3)
No development shall be permitted which does not meet the minimum
water quality and potable water standards of the State of New Jersey
or the United States.
B.
Minimum standards for point and nonpoint source discharges. The following
point and nonpoint source discharges may be developed or operated
in the Pinelands Area:
(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 (6) below, provided that:
[Amended 3-11-1997 by Ord. No. 02-1997]
(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 fees; and
[Amended 3-11-1997 by Ord. No. 02-1997]
(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 3-11-1997 by Ord. No. 02-1997]
(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 3-11-1997 by Ord. No. 02-1997]
(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 3-11-1997 by Ord. No. 02-1997]
(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 § 160-152;
(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:
[Amended 3-11-1997 by Ord. No. 02-1997]
(b)
If the proposed development is nonresidential, it is located
in the PVR or PVA District; 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 § 160-152.
C.
Individual wastewater treatment facility and petroleum tank maintenance.
(1)
The owner of every on-site septic wastewater treatment facility
in the Pinelands Area shall, as soon as a suitable septage disposal
facility capacity is available, in accordance with the provisions
of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1
et seq., and Section 201 of the Clean Water Act[1]:
(a)
Have the facility inspected by a technical at least once every
three years.
(b)
Have the facility cleaned at least once every three years.
(c)
Once every three years, submit to the board of health serving
the City in which the facility is located, a sworn statement that
the facility has been inspected, cleaned and is functional, setting
forth the name of the person who performed the inspection and cleaning
and the date of such inspection.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
D.
Prohibited chemicals and materials.
(2)
All storage facilities for deicing chemicals shall be lined
to prevent leaking into the soil and shall be covered with an impermeable
surface which shields the facility from precipitation.
(3)
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.[3]
[3]
Editor's Note: Original § 54-95.19D(4), pertaining
to the prohibition of certain wastes, which immediately followed this
subsection, was repealed 3-11-1997 by Ord. No. 02-1997.
E.
Water management. Interbasin transfer of water between watersheds
shall be avoided to the maximum extent practical. Water shall not
be exported from the Pinelands except as otherwise provided in N.J.S.A.
58:1A-7.1.
A.
Scenic corridors.
(1)
Except for those roads which provide for circulation within
residentially developed areas, all public, paved roads in the Pinelands
Preservation Area District shall be considered scenic corridors. The
Mullica River shall be considered a special scenic corridor.
(2)
Special requirements for scenic corridors.
(a)
Except as otherwise provided in this subsection, no permit shall
be issued for development on a scenic corridor other than for agricultural
product sales establishments unless the applicant demonstrates that
all buildings are set back at least 200 feet from the center line
of the corridor.
(b)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to 200 feet as practical, and the site shall be landscaped in accordance with the provisions of § 160-139 of this article so as to provide screening from the corridor.
(c)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 160-139 of this article so as to provide screening between the building and the corridor.
(d)
All structures within 1,000 feet of the center line of a special
scenic corridor shall be designed to avoid visual impacts as viewed
from the corridor.
B.
Motor vehicle screening and storage. No more than 10 automobiles,
trucks or other motor vehicles, whether or not they are in operating
condition, shall be stored on any lot unless such motor vehicles are
adequately screened from adjacent residential uses and scenic corridors.
All vehicles not in operating condition shall be stored only if the
gasoline tanks of such vehicles are drained. This subsection shall
not apply to vehicles which are in operating condition or which are
maintained for agricultural purposes.
C.
Location of utilities.
(1)
New utility distribution lines and telephone lines to locations
not presently served by utilities shall be placed underground, except
for those lines which are located on or adjacent to active agricultural
operations.
(2)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 160-139 of this article.
(3)
All electric transmission lines shall be located on existing
towers or underground to the maximum extent practical.
D.
Signs.
(1)
General sign provisions. In the Pinelands Area, no signs shall
be constructed, repaired or maintained except in accordance with the
following:
(a)
No sign, other than warning or safety signs, which is designed
or intended to attract attention by sudden, intermittent or rhythmic
movement or physical or lighting change shall be permitted.
(b)
No sign, other than warning or safety signs, which changes physical
position by any movement or rotation or which gives the visual impression
of such movement or rotation shall be permitted.
(c)
No outdoor off-site commercial advertising sign, other than
signs advertising agricultural commercial establishments, shall be
permitted. Off-site outdoor signs advertising agricultural commercial
establishments shall be permitted, provided that:
(e)
To the maximum extent practical, the character and composition
of construction materials for all signs shall be harmonious with the
scenic values of the Pinelands.
(2)
Pinelands Preservation Area permitted signs shall be as follows:
(a)
Official public safety and information signs displaying road
names, numbers and safety directions.
(d)
Trespassing signs or signs indicating the private nature of
a road, driveway or premises, and signs prohibiting or otherwise controlling
fishing or hunting, provided that the size of such sign does not exceed
12 square feet.
(f)
On-site business or advertising signs, provided that:
(g)
Temporary signs advertising political parties or candidates
for election, provided that the size of any such sign does not exceed
four square feet.
(h)
Temporary on- and off-site signs advertising civil, social or
political gatherings and activities, provided that the size of such
signs does not exceed four square feet.
A.
The following vegetation classifications shall be used in determining
the fire hazard of a parcel of land:
Hazard
|
Vegetation Type
| |
---|---|---|
Low
|
Atlantic white cedar Hardwood swamps
| |
Moderate
|
Non-Pine Barrens forest Prescribed burned areas
| |
High
|
Pine Barrens forest, including mature forms of pine, pine-oak
or oak-pine
| |
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine; all classes
of pine-scrub oak and pine-lowland
|
B.
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection A above unless such development complies with the following standards:
(1)
All proposed developments, or units or sections thereof, of
25 dwelling units or more will have two accessways of a width and
surface composition sufficient to accommodate and support fire-fighting
equipment.
(2)
All dead-end roads will terminate in a manner which provides
for safe and effective entry and exit for fire equipment.
(3)
The rights-of-way of all roads will be maintained so that they
provide an effective fire break.
(4)
Except as provided in Subsection B(5) below, a fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(5)
All residential development of 100 dwelling units or more in
high or extreme high hazard areas will have a two-hundred-foot perimeter
fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees and bushes and ground cover are to
be selectively removed, mowed or pruned and maintained on an annual
basis;
(b)
All dead plant material is removed;
(c)
Roads, rights-of-way, wetlands and waste disposal sites shall
be used as fire breaks to the maximum extent practical; and
(d)
There is a specific program for maintenance.
All development within the Pinelands Area shall conform to the
following requirements:
A.
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication,
Administration Guidelines: Barrier-Free Design Standards for Parks
and Recreational Facilities.
B.
Improved bicycling facilities shall be provided only in conjunction
with paved roads.
A.
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 E below.
B.
Authority to issue certificates of appropriateness.
C.
Certificates of appropriateness shall be required for the following:
(1)
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
D.
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications for development
in the PVR and PVA Districts and all applications for major development
in order to determine whether any significant historic resources exist
on the parcel. Guidelines for this survey are contained in Appendix
B of the "Cultural Resource Management Plan," dated April 1991, as
amended. In general, the survey shall include a statement as to the
presence of any properties listed on the National and State Registers
of Historic Places on the site or within the area of the project's
potential environmental impacts; a thorough search of state, local
and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
[Amended 3-11-1997 by Ord. No. 02-1997]
F.
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.
G.
The effect of the issuance of a certificate of appropriateness is
as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 3-11-1997 by Ord. No. 02-1997]
H.
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:
(1)
A narrative description of the resource and its cultural environment.
(2)
Photographic documentation to record the exterior appearance
of buildings, structures and engineering resources.
(3)
A site plan depicting in correct scale the location of all buildings,
structures and engineering resources.
(4)
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.
I.
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).
[Amended 3-11-1997 by Ord. No. 02-1997]
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.
All development shall be carried out in a manner which promotes
energy conservation. Such measures may include southern orientation
of buildings, landscaping to permit solar access and the use of energy-conserving
building materials.
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 3-11-1997 by Ord. No. 02-1997]
B.
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.
A.
Pinelands development credits established.
(1)
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 for entitlement in Subsection A(2) below, every parcel of land in the Pinelands Preservation Area District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in any regional growth area within the Pinelands. 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.
[Amended 3-8-1994 by Ord. No. 02-1994]
(2)
Pinelands development credits are hereby established in the
Pinelands Preservation Area District at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved
for resource extraction pursuant to this article: two Pinelands development
credits per 39 acres;
[Amended 3-11-1997 by Ord. No. 02-1997]
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this article: zero Pinelands development
credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres;
and
(d)
Wetlands: 0.2 Pinelands development credits per 39 acres.
(3)
The allocations established in Subsection A(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial,
industrial, resource extraction, intensive recreation, institutional,
campground or landfill use shall not receive Pinelands development
credit entitlement. For such an improved property of more than 10
acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit (PDC) entitlement of a parcel
of land shall be reduced by 0.25 PDC for each existing dwelling unit
on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection B(2) below or when a variance for cultural housing is approved by the City pursuant to § 160-15E of this chapter.
[Amended 3-8-1994 by Ord. No. 02-1994]
(d)
The Pinelands development credit entitlement for a parcel of
land shall also be reduced by 0.25 Pinelands development credits for
each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq.
when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 3-8-1994 by Ord. No. 02-1994]
(4)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Pinelands Preservation Area District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acre of land in the Pinelands Preservation Area District as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 3-11-1997 by Ord. No. 02-1997]
B.
Limitations on use of Pinelands development credits.
(1)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection E below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 3-11-1997 by Ord. No. 02-1997]
(2)
Notwithstanding the provisions of Subsection B(1) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on the property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(3)
The bonus density of a parcel of land on which Pinelands development
credits are used shall not exceed the upper limits of the density
range of the zone or district in which the property is located.
C.
Pinelands development credit bonus multipliers. Pinelands development
credits which are used for securing a density bonus for parcels of
land located in a regional growth area shall yield a bonus of four
dwelling units per credit.
D.
Aggregation of development credits. Pinelands development credits
may be aggregated from different parcels for use in securing a bonus
for a single parcel of land in a regional growth area, provided that
the density does not exceed the limits of the density range specified
in the municipal district in which the property is located.
E.
Recordation of deed restriction.
(1)
No conveyance, sale or transfer of Pinelands development credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands development credits were obtained,
the agency or organization to which the restriction is in favor and
the Commission have been provided with evidence of recordation of
a restriction on the deed to the land from which the development credits
were obtained.
(2)
Such deed restriction shall specify the number of Pinelands
development credits sold and that the property may only be used in
perpetuity for the following uses: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; low-intensity recreational uses in
which the use of motorized vehicles is not permitted except for necessary
transportation, access to water bodies is limited to no more than
15 feet of frontage per 1,000 feet of frontage on the water body,
clearing of vegetation does not exceed 5% of the parcel and no more
than 1% of the parcel will be covered with impermeable surfaces; agricultural
employee housing as an accessory use; and accessory uses.
[Amended 2-12-2019 by Ord. No. 01-2019]
F.
Use of Pinelands development credits. Pinelands development credits
shall be used in the following manner:
[Added 3-8-1994 by Ord. No. 02-1994]
(1)
When a variance of density or minimum lot area requirements
for a residential or principal nonresidential use in the PVR or PVA
District is granted by the City, Pinelands development credits shall
be used for all dwelling units or lots in excess of that otherwise
permitted without the variance;
[Amended 3-11-1997 by Ord. No. 02-1997]
(2)
When a variance for cultural housing is granted by the City in accordance with § 160-15E of this chapter; and
(3)
When a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
G.
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
by the City.
[Added 3-8-1994 by Ord. No. 02-1994]