[Added 2-14-1991 by Ord. No. 5-91]
A.
All development within the Pinelands Area shall comply
with the standards set forth in this article, in addition to all other
regulations of the Code of the Township of Lacey.
B.
The standards and regulations of this article are
intended to be the minimum provisions necessary to achieve the purposes
and objectives of the Code of the Township of Lacey and the 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 wetlands or wetlands transition area, except for
the following uses:
[Amended 1-28-1993 by Ord. No. 93-5]
(3)
Beekeeping.
(5)
Wetlands management and fish and wildlife management,
in accordance with N.J.A.C. 7:50-6.10.
[Amended 9-22-2011 by Ord. No. 2011-19]
(6)
Low-intensity recreational uses which do not involve use of a structure other than those authorized in this section, including hunting, fishing, trapping, hiking, boating and swimming. Other similar low-intensity recreational uses shall be permitted, provided that any associated development does not have a significant adverse impact, as set forth in Subsection B below, on the wetland in which the use is carried out.
(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 and conforms to all state and federal regulations.
(8)
Commercial or public docks, piers, moorings and boat
launches shall be permitted, 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 or site 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.
(i)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
[Amended 3-27-1997 by Ord. No. 97-14]
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 Section 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 Section C above or required pursuant to § 215-16A of Chapter 215 of this Code 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.
(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
contain 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.
(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 or 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 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 3-27-1997 by Ord. No. 97-14]
A.
Permit required. No forestry in the Pinelands Area
of the Township shall be carried out by any person unless a permit
for such activity has been issued by the Township Zoning Officer.
Notwithstanding this requirement, no such permits shall be required
for the following forestry activities:
(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.
(5)
Prescribed burning and the clearing and maintaining
of fire breaks.
B.
Forestry application requirements. The information in Subsection B(1) or B(2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 9-22-2011 by Ord. No. 2011-19]
(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 or her 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.
[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-term (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
at 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.
[x]
Measures that will be taken to prevent the potential
spread of exotic plant species or phragmites into wetlands.
[o]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter at breast height (DBH) classes and average diameter, age;
heights; and number of trees per acre.
[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.
[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 § 335-33.
(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 Subsection C below.
(m)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34.
C.
Forestry
standards. Forestry operations shall be approved only if the applicant
can demonstrate that the standards set forth below are met:
[Amended 9-22-2011 by Ord. No. 2011-19]
(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)
Clear-cutting 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.
(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 set forth in §§ 335-25E and 335-26A. 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
in this section.
(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 § 335-33.
(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 Commission 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 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.
[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.
(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.
[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-radium, one-hundred-eighty-degree turns
at the end of each straight pass.
(10)
The following standards shall apply to silvicultural practices
for harvesting:
(a)
Clear-cutting 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 clear cut
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 clear cut from other twenty-five-acre or larger clear cuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25, to a maximum of
300 feet in width.
[5]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches in diameter at breast height (DBH) and six feet
in height shall be left on the parcel for a minimum of five years.
[6]
The area of the parcel subject to the clear cut shall have contoured
edges, unless the boundary of the clear cut serves as a firebreak,
in which case straight edges may be used.
(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 clear
cuts, coppice cuts and seed tree cuts that occur within a fifteen-year
period. The buffer strip separating two twenty-five-acre harvests
shall be 50 feet in width and, for a larger harvest, shall increase
in width by one foot for each acre of that harvest above 25, to a
maximum of 300 feet in width.
[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 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 clear
cuts, coppice cuts and seed tree cuts that occur within a fifteen-year
period. The buffer strip separating two twenty-five-acre harvests
shall be 50 feet in width and, for a larger harvest, shall increase
in width by one foot for each acre of that harvest above 25, to a
maximum of 300 feet in width.
[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.
[7]
Residual seed trees shall be distributed evenly throughout the
parcel.
(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.
(b)
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[1]
The use of nonnative 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.
[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 above or disapprove any application which does not meet the requirements of Subsection C above. 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 above 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.
All agricultural activities and fish and wildlife
management activities, including the preparation of land and the planting,
nurturing and harvesting of crops, shall be carried out in accordance
with recommended management practices established for the particular
agricultural activity by the New Jersey Department of Agriculture,
the Soil Conservation Service and the New Jersey Agricultural Experimental
Station at Rutgers University.
A.
General.
(1)
All development shall be designed and carried out
so that the quality of surface water and groundwater 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 water or groundwater 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 Subsections B(2) through (6) below, provided that:
[Amended 3-27-1997 by Ord. No. 97-14]
(a)
There will be no direct discharge into any surface
water body.
(b)
All discharges from the facility or use are
of a quantity and quality 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 sewage.
(d)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
(2)
The 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) 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 3-27-1997 by Ord. No. 97-14]
(d)
The design level of nitrate/nitrogen attenuation
is the maximum possible within the cost of limitations imposed by
such user fee guidelines, but in no case shall groundwater exiting
from a parcel or entering a surface body of water exceed five parts
per million nitrate/nitrogen.
[Amended 3-27-1997 by Ord. No. 97-14]
(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 3-27-1997 by Ord. No. 97-14]
(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 3-27-1997 by Ord. No. 97-14]
(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 § 335-76 or 335-77.
(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 N.J.A.C. 7:50-6.85.
(g)
The technology has been approved for use by
the New Jersey Department of Environmental Protection.
(h)
Flow values for nonresidential development shall
be determined based on the values contained in N.J.A.C. 7:9A-7.4,
as amended, except that 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 3-27-1997 by Ord. No. 97-14]
(c)
The decision 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 § 335-76 or 335-77.
(6)
Surface water runoff, provided that the requirements of Chapter 292 are met.
[Added 3-27-1997 by Ord. No. 97-14; amended 4-13-2023 by Ord. No. 2023-10]
(7)
Alternate design program treatment systems, provided
that:
[Added 12-12-2002 by Ord. No. 02-68]
(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(7)(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 § 335-76 or § 335-77;
(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 7-12-2018 by Ord. No. 2018-20]
(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(7)(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.
[Amended 7-12-2018 by Ord. No. 2018-20[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
B(7)(l), which prohibited the installation of systems after August
5, 2007.
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 Laws of 1975, the Solid Waste Management Act,
N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
(a)
Have the facility inspected by a technician
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 Township a sworn statement that the facility
has been inspected, cleaned and is functional, setting forth the name
of the person who performed the inspection and cleaning and the date
of such inspection.
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 an herbicide to any road or
public utility right-of-way within the Pinelands Area unless necessary
to protect an adjacent agricultural activity.
E.
Water management. Interbasin transfer of water between
watersheds shall be avoided to the maximum extent practical. In areas
served by central sewers, water-saving devices, such as water-saving
toilets, showers and sink faucets, shall be installed in all new development.
Water shall not be exported from the pinelands except as otherwise
provided in N.J.S.A. 58:1A-7.1.
A.
Scenic corridors. Except for those roads which provide
for internal circulation within residentially developed areas, all
public, paved roads in the Preservation Area Zone, Forest Area Zone
and Rural Development Zone shall be considered scenic corridors. In
addition, those rivers designated in N.J.A.C. 7:50-6.105 shall be
considered special scenic corridors.
B.
Special requirements for scenic corridors.
(1)
Except as otherwise provided in this subsection, no
permit shall be issued for development in a scenic corridor other
than for agricultural commercial establishments unless the applicant
demonstrates that all buildings are set back at least 200 feet from
the center line of the corridor.
(2)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such 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 § 335-25 of this Code so as to provide screening between the building and the corridor.
(3)
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 § 335-25 of this Code, so as to provide screening between the building and the corridor.
(4)
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.
(5)
The requirements of Subsection B(1) through (3) above shall not apply to residential cluster developments within the FA Zone which comply with the standards of § 335-71A(1).
[Added 9-22-2011 by Ord. No. 2011-19]
C.
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 use
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 use.
D.
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 § 335-25 of this Code.
(3)
All electric transmission lines shall be located on
existing towers or underground to the maximum extent practical.
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 Barren forest
| |
Prescribed burned areas
| ||
High
|
Pine Barren forest, including pine, pine-oak
and oak-pine
| |
Extreme
|
Immature or dwarf forms of pine-oak or
| |
oak-pine, all classes of pine-scrub oak
| ||
and pine lowland
|
B.
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under 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 width and
surface composition sufficient to accommodate and support fire-fighting
equipment.
(2)
All dead-end roads will terminate in a manner which
provides safe and efficient entry and exit for fire equipment.
(3)
The right-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 developments of 100 dwelling units
or more in high or extreme 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 be selectively removed, mowed or pruned 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.
(6)
All structures will meet the following specifications:
(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.
(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)
Any openings in the roof, attic and floor shall
be screened.
(d)
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets.
(e)
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
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 Township Committee 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(2) 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
Township Committee 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 VR and VRC Zones and all applications for major
development in order to determine whether any significant historic
resources exist on the parcel. Guidelines for this survey are contained
in Appendix B of the Cultural Resource Management Plan, dated April
1991, as amended. In general, the survey shall include a statement
as to the presence of any properties listed on the National and State
Registers of Historic Places on the site or within the area of the
projects' potential environmental impacts; a thorough search of state,
local and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
[Amended 3-27-1997 by Ord. No. 97-14]
(1)
This requirement for a survey may be waived by the
local approval agency if:
(a)
There is sufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of pinelands culture; or
(2)
A resource shall be deemed to be significant if it
possesses integrity of location, design, setting, materials, workmanship,
feeling and association which reflects its significance in American
history, architecture, archaeology or culture under one or more of
the following criteria:
(a)
The presence of structures, sites or areas associated
with events of significance to the cultural, political, economic or
social history of the nation, state, local community or the pinelands.
(b)
The presence of structures, sites or areas associated
with the lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community or the pinelands.
(c)
The presence of structures that represent the
work of a master or that possess high artistic value or that embody
the distinctive characteristics of a type, period or method of construction
or that represent a distinguishable entity of significance to the
architectural, cultural, political, economic or social history of
the nation, state, local community or the pinelands, although its
components may lack individual distinction.
(d)
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the pinelands.
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 3-27-1997 by Ord. No. 97-14]
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 archaeological
data in accordance with the "Guideline for Recovery of Scientific,
Prehistoric, Historic, and Archaeological Data: Procedures for Notification,
Reporting, and Data Recovery" (36 CFR 66).
[Amended 3-27-1997 by Ord. No. 97-14]
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 3-27-1997 by Ord. No. 97-14]
B.
Applications for residential developments of 100 or
more units and any other development involving more than 300 parking
spaces located in the PA, FA, RD, VR or VRC Zone 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.
No more than one principal use shall be located
on one lot, except for forestry, agricultural, horticulture, fish
and wildlife management and recreational development on agricultural
lands.
[Added 3-27-1997 by Ord. No. 97-14]
A.
No structure in the Pinelands Area, including radio
and television transmission and other communication facilities which
are not accessory to an otherwise permitted use, shall exceed a height
of 35 feet.
B.
The height limitation in Subsection A above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use; silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission lines and supporting structures; windmills; smokestacks; derricks; conveyors; flagpoles and masts; or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.