A.
Application. Any development taking place in the Pinelands Area of
the Township shall comply with the development and use standards set
forth in this article in addition to all other regulations of this
chapter. The development and use standards of this article are intended
to be the minimum provisions necessary to achieve the purposes and
objectives of the Pinelands Protection Act for the Pinelands Area
of the Township; and, in the event of a conflict between any provisions,
the stricter provision shall apply.
B.
Pinelands development credits.
(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 from entitlement
as provided in the subsections below, every parcel of land in the
AP (Agricultural Production), API (Agricultural Production) and APC
(Agriculture Commerce) Districts shall have a use right known as "Pinelands
development credits" that can be used to secure a density bonus for
lands located in the regional growth areas of other Pinelands municipalities.
Pinelands development credits may also be allocated to certain properties
in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61
et seq.
[Amended 4-26-1993 by Ord. No. 253-1993; 5-12-1997 by Ord. No.
11-1997; 7-28-1997 by Ord. No. 18-1997]
(2)
Pinelands development credits are hereby established in the AP, APC
and API Districts at the following ratios:
[Amended 5-12-1997 by Ord. No. 11-1997; 7-28-1997 by Ord. No.
18-1997]
(a)
Uplands which are undisturbed but approved for resource extraction
pursuant to this code: two Pinelands development credits per 39 acres.
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this code: zero Pinelands development
credits per 39 acres.
(c)
Other uplands and areas of active berry agricultural bogs and
fields: two Pinelands development credits per 39 acres.
(d)
Wetlands in active field agriculture use currently and as of
February 7, 1979: two Pinelands development credits per 39 acres.
[Amended 7-28-1997 by Ord. No. 17-1997]
(e)
Other wetlands: 0.2 Pinelands development credits per 39 acres.
(3)
The allocations established in Subsection B(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 entitlement for a parcel of
land shall be reduced by 1/4 Pinelands development credit for each
existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 1/4 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection B(7) below or when a variance for cultural housing is approved by the Township pursuant to § 115-115B of this chapter.
[Amended 4-26-1993 by Ord. No. 253-1993]
(d)
The Pinelands Development Credit entitlement for a parcel of
land shall 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 4-26-1993 by Ord. No. 253-1993]
(4)
The owners of parcels of land which are smaller than 39 acres shall have fractional Pinelands development credits at the same ratio established in Subsection B(2) above.
(5)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the AP or APC Districts 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 acres of land in the AP or APC Districts as of February 7, 1979, provided that said owners acquire vacant contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B(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 5-12-1997 by Ord. No. 11-1997; 7-28-1997 by Ord. No.
18-1997; 7-28-1997 by Ord. No. 17-1997]
(6)
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 B(9) 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 7-28-1997 by Ord. No. 17-1997]
(7)
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 that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 1/4 Pinelands development credits 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.
(8)
No conveyance, sale or transfer of Pinelands development credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands development credits were obtained,
the agency or organization to which the restriction is in favor and
the Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands development
credits sold and that the property may only be used in perpetuity
for the following uses:
[Amended 4-26-1993 by Ord. No. 253-1993]
(a)
In the AP, APC and API Districts: agriculture; forestry; fish
and wildlife management; wetlands management; agricultural employee
housing as an accessory use; low-intensity recreational uses in which
the use of motorized vehicles is not permitted except for necessary
transportation, access to water bodies is limited to no more than
15 feet of frontage per 1,000 feet of frontage on the water body,
clearing of vegetation does not exceed 5% of the parcel, and no more
than 1% of the parcel will be covered with impervious surfaces; agricultural
commercial establishments, excluding supermarkets and restaurants
and convenience stores, where the principal goods or products available
for sale were produced in the Pinelands and the sales area does not
exceed 5,000 square feet; agricultural products processing facilities;
airports and heliports accessory to agricultural uses and which are
used exclusively for the storage, fueling, loading and operation of
aircraft as part of an ongoing agricultural operation; and accessory
uses.
[Amended 5-12-1997 by Ord. No. 11-1997; 7-28-1997 by Ord. No.
18-1997; 11-28-2011 by Ord. No. 14-2011; 10-22-2018 by Ord. No. 64-2018]
(b)
In all other Pinelands zoning districts: agriculture, forestry
and low-intensity recreational uses.
(10)
Pinelands development credits shall be used in the following
manner:
[Added 4-26-1993 by Ord. No. 253-1993]
(a)
When a variance of density or lot area requirements for a residential
or principal nonresidential use in the PVR1, PVR2, PVRC, PVI or PT
Districts is granted by the Township, Pinelands development credits
shall be used for all dwelling units or lots in excess of that permitted
without the variance.
[Amended 7-28-1997 by Ord. No. 17-1997]
(b)
When a variance for cultural housing is approved by the Township in accordance with § 115-115B of this chapter.
(c)
When a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(11)
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
Township with evidence of his ownership of the requisite Pinelands
development credits and those Pinelands development credits have been
redeemed with the Township.
[Added 4-26-1993 by Ord. No. 253-1993]
A.
Uses. No development in the Pinelands Area shall be permitted in
a wetland or a wetlands transition area except for the following uses:
[Amended 4-26-1993 by Ord. No. 253-1993]
(3)
Beekeeping.
(5)
Wetlands management and fish and wildlife management, in accordance
with N.J.A.C. 7:50-6.10.
[Amended 11-28-2011 by Ord. No. 14-2011]
(6)
Low-intensity recreation uses which do not involve the use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those uses does not result in a 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 shall
be permitted, provided that:
(9)
Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities, provided that:
[Amended 4-26-1993 by Ord. No. 253-1993]
(a)
There is no feasible alternative route for the facility that
does not involve development in the 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.
(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.
Development standards.
(1)
No development, except for those uses which are specifically authorized in Subsection A above, shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
(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 7-28-1997 by Ord. No. 17-1997]
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 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 playfields, 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;
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. 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 animals
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 of 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 7-28-1997 by Ord. No. 17-1997]
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 firebreaks.
B.
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 11-28-2011 by Ord. No. 14-2011]
(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 Pinelands
Comprehensive Management Plan. No certificate of filing from the Pinelands
Commission shall be required.
(2)
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject
parcel;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a]
The name, mailing address and telephone number
of the owner of the subject parcel;
[b]
The municipality and county in which the subject
parcel is located;
[c]
The block and lot designation and street address,
if any, of the subject parcel;
[d]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's objectives for
undertaking the proposed forestry activities, including a description
of the short-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
breast height (DBH) classes and crown classes;
[k]
The condition and species composition of advanced
regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth
rates and volume;
[m]
Projections of intended future stand characteristics
at ten-, twenty-, and forty-year intervals;
[n]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[i]
Stand improvement practices;
[ii]
Site preparation practices;
[iii]
Harvesting practices;
[iv]
Regeneration and reforestation practices;
[v]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[vi]
Herbicide treatments;
[vii]
Silvicultural treatment alternatives;
[viii]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[ix]
Implementation instructions; and
[x]
Measures that will be taken to prevent the potential
spread of exotic plant species or Phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
[4]
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map
was prepared;
[b]
An arrow designating the north direction;
[c]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as
roads, streams and structures;
[f]
The identification of soil types (a separate map
may be used for this purpose);
[g]
A map inset showing the location of the parcel
in relation to the local area;
[h]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[i]
A legend defining the symbols appearing on the
map.
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 115-57;
(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; and
C.
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
[Amended 11-28-2011 by Ord. No. 14-2011]
(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;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 115-49E and 115-50A. 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 § 115-57;
(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 and mechanical weeding shall be permitted
in all Pinelands native forest types;
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types;
[2]
Disking shall only be permitted in pine-shrub oak native forest
types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
[a]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
[3]
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic white cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
[4]
It shall follow land contours when slopes are discernible.
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in pine-shrub oak native forest types
or pine plains native forest types;
[2]
When used to establish, restore or regenerate Atlantic white
cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
Root raking debris shall not be piled in wetlands.
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
(g)
Drum chopping shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types
except to create road shoulder fuel breaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
[2]
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic white cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted except
to create scattered early successional habitats under two acres in
size;
[b]
Drums shall remain unfilled when used during the
dormant season;
[c]
Chop up and down the slope on a parcel so the depressions
made by the cleats and chopper blades run parallel to the contour
of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, 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 diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
[6]
The area of the parcel subject to the 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; and
[5]
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak in which case straight edges may be used.
(c)
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each twenty-five-acre
or larger seed tree cut from other twenty-five-acre or larger 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; and
[7]
Residual seed trees shall be distributed evenly throughout the
parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
(11)
The following standards shall apply to silvicultural practices
for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection C(11)(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[1]
The use of 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; and
[4]
When used in pine plains native forest types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
(12)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(13)
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(14)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25.
(2)
Within 14 days of receipt of an application, the Zoning Officer shall
determine whether the application is complete and, if necessary, notify
the applicant, in writing, of any additional information which is
necessary to complete the application. Should the Zoning Officer fail
to make such a determination within 14 days, the application shall
be considered to be complete as of the 15th day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit, if the activities proposed in the application comply with the standards in Subsection C 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.
A.
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.
B.
In an agricultural production area, a resource conservation plan
shall be prepared by the operator of every agricultural use, or the
appropriate Soil Conservation District, if located in an area which
has been designated by any agency of federal, state or local government
as having substandard surface or ground water. If prepared by the
operator, such plan shall be submitted to the Soil Conservation District
for review. The resource conservation plan shall be reviewed, updated
and revised as necessary and shall provide for the use of recommended
management practices as found in, but not limited to, the following
publications:
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 section.
(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.
Discharge facilities. The following point and nonpoint sources may
be developed and operated in the Township:
(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 7-28-1997 by Ord. No. 17-1997]
(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 the groundwater exiting from the parcel of land
or entering a surface body of water will not exceed two parts per
million nitrate/nitrogen.
(c)
All public wastewater treatment facilities are designed to accept
and treat septage.
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into groundwater.
(2)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from
existing residential, commercial and industrial development;
(c)
Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
[Amended 7-28-1997 by Ord. No. 17-1997]
(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 7-28-1997 by Ord. No. 17-1997]
(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 7-28-1997 by Ord. No. 17-1997]
(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 7-28-1997 by Ord. No. 17-1997]
(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 § 115-47 or 115-119.
(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 below.
(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 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a)
shall be used in calculating flow.
(5)
Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
[Amended 7-28-1997 by Ord. No. 17-1997]
(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 §§ 115-47 or 115-119.
(6)
Surface water runoff, provided that the requirements of Chapter 248 are met.
[Added 7-28-1997 by Ord. No. 17-1997; amended 9-11-2023 by Ord. No. 133-2023]
(7)
Alternate design pilot program treatment systems, provided that:
[Added 5-27-2003 by Ord. No. 3-2003]
(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 are 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 § 115-47 or 115-119;
(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 proposes, 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 are renewable
and which include 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 10-22-2018 by Ord. No. 64-2018]
(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 10-22-2018 by Ord. No. 64-2018[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
B(7)(1), which prohibited system installation after 8-5-2007, which
immediately followed this subsection.
C.
Treatment facility and tank maintenance.
(1)
The owner of every on-site septic wastewater treatment facility in
the Pinelands Area shall, as soon as 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:
(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; and
(c)
Once every three years, submit to the Township Board of Health
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 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: Former Subsection D(4), regarding hazardous,
toxic, chemical, petroleum, septic and nuclear waste, which immediately
followed this subsection, was repealed 7-28-1997 by Ord. No. 17-1997.
E.
Water management.
[Amended 7-22-2024 by Ord. No. 145-2024]
(1)
Water
shall not be exported from the Pinelands except as otherwise provided
at N.J.S.A. 58:1A-7.1.
(2)
A diversion within the Pinelands Area portion of Buena Vista Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection E(2)(a) and (b) below, or outside of either basin, shall be prohibited.
(a)
The Atlantic Basin is comprised of Watershed Management Areas 13,
14, 15, and 16, as identified by the New Jersey Department of Environmental
Protection.
(b)
The Delaware Basin is comprised of Watershed Management Areas 17,
18, 19, and 20 as identified by the New Jersey Department of Environmental
Protection.
(3)
A diversion within the Pinelands Area portion of Buena Vista Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection E(2)(a) and (b) above shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection E(4) below.
(4)
Within the Pinelands Area portion of Buena Vista Township, a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection E(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a water allocation permit or water use registration number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(b)
[1]
A new well that is to replace an existing well, provided the existing
well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the
new replacement well will:
[2]
Any proposed diversion that is exclusively for agricultural or horticultural
use; or
[3]
Any proposed diversion for a resource extraction operation that constitutes
a nonconsumptive use, provided the water returned to the source is
not discharged to a stream or water body or otherwise results in off-site
flow, and the diversion and return are located on the same parcel.
(c)
A proposed diversion shall be permitted only in the following Pinelands
Management Areas: Pinelands Town; Rural Development Area; Agricultural
Production Area; and the Pinelands Villages of Milmay, Newtonville,
and Richland.
(d)
A proposed diversion shall only be permitted if the applicant demonstrates
that no alternative water supply source is available or viable. Alternative
water supply sources include, but are not limited to, groundwater
and surface water sources that are not part of the Kirkwood-Cohansey
aquifer, and public water purveyors and suppliers, as defined at N.J.A.C.
7:19-1.3A list of alternative water supply sources is available at
the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
(e)
A proposed diversion shall not have an adverse ecological impact
on the Kirkwood-Cohansey aquifer. "Adverse ecological impact" means
an adverse regional impact and/or an adverse local impact, as described
at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion
deemed to have an adverse local impact in the Pinelands Area is prohibited.
A proposed diversion deemed to have an adverse regional impact shall
only be permitted if an applicant permanently offsets the diversion
in accordance with N.J.A.C. 7:50-6.86(d)6i.
(f)
An applicant for a proposed diversion shall provide written documentation
of water conservation measures that have been implemented, or that
are planned for implementation, for all areas to be served by the
proposed diversion. Water conservation measures are measurable efforts
by public and private water system operators and local agencies to
reduce water demand by users and reduce losses in the water distribution
system.
A.
Scenic corridors.
(1)
Except for those roads which provide for internal circulation within
residentially developed areas, all public paved roads in Forest Area
Districts and Rural Development Districts shall be considered scenic
corridors.
(2)
The Great Egg Harbor and Tuckahoe Rivers shall be considered special
scenic corridors.
B.
Special requirements for scenic corridors.
(1)
Except as otherwise provided in this section, no permit shall be
issued for development on 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 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 § 115-49 of this chapter so as to provide screening from 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 § 115-49 of this chapter so as to provide screening between the building and the corridor.
(4)
All structures within 1,000 feet of the center line of the Great
Egg Harbor and Tuckahoe Rivers shall be designed to avoid visual impacts
as viewed from the river.
C.
Motor vehicle storage and screening. No unregistered and/or uninspected
automobile, truck or other motor vehicle permitted under the provisions
of § 95-1A and B of Chapter 95, Vehicles, Unregistered,
of this Code, whether or not it is in operating condition, shall be
stored on any lot unless such motor vehicle is adequately screened
from adjacent residential uses and scenic corridors. In addition,
no more than 10 registered motor vehicles, whether or not they are
in operating condition, shall be stored on any lot unless such vehicles
are screened as described above. All vehicles not in operating condition,
either registered or unregistered and/or uninspected, shall be stored
only if the gasoline tanks of such vehicles are drained. This subsection
shall not apply to vehicles which are maintained for agricultural
purposes.
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,
storage tanks and substations shall be screened with vegetation from
adjacent uses in accordance with this chapter.
(3)
All electric utility transmission lines shall be located on existing
towers or underground to the maximum extent practical.
A.
Fire hazard rating. 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 Pine scrub oak
and pine lowlands (all size classes)
|
B.
Fire hazard development restrictions. 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 safe
and efficient entry and exit for fire-fighting 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 shall be provided around structures proposed for human uses 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, bushes and ground cover are 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.
(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 roofing, tile, slate, asbestos-cement shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingle
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 the 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 recreation developments in the Pinelands Area shall conform
to the following requirements:
A.
Barrier-free design. 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.
Bicycle ways. Improved bicycling facilities shall be provided only
in conjunction with paved roads.
A.
Designation. 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(2) below.
B.
Certificates of appropriateness.
(1)
The Planning Board shall issue all certificates of appropriateness except as specified in Subsection B(2) below.
(2)
The Board of Adjustment[1] shall issue certificates of appropriateness for those
applications for development which it is otherwise empowered to review.
[1]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
C.
Certificates required. 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.
D.
Application details. Applications for certificates of appropriateness
shall include the information specified in N.J.A.C. 7:50-6.156(b).
E.
Cultural resource survey. A cultural resource survey shall accompany
all applications for development in the PVR1, PVR2, PVRC, PVI and
PT 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 7-28-1997 by Ord. No. 17-1997]
(1)
This requirement for a survey may be waived by the local municipal
agency if:
(a)
There is insufficient 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.
(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 values or that embody the distinctive
characteristics of a type, period or method of construction, or that
represent a distinguishable entity of significance to the architectural,
cultural, political, economic or social history of the nation, state,
local community or the Pinelands, although its components may lack
individual distinction.
(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.
Basis for certificate issuance. 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.[2]
[2]
Editor's Note: Ord. No. 12-2002, adopted 12-23-2002, provided
that the Planning Board shall hereafter, pursuant to N.J.S.A. 40:55D-25(3)(c),
exercise all the powers of the Board of Adjustment.
G.
Effect of issuance. The effect of 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 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 7-28-1997 by Ord. No. 17-1997]
H.
Other documentation. 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.
Identification during construction. 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 7-28-1997 by Ord. No. 17-1997]
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.
Standards. 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 7-28-1997 by Ord. No. 17-1997]
B.
Carbon monoxide standards. Applications for the following developments
shall ensure that all state ambient air quality standards in N.J.A.C.
7:27 et seq. for carbon monoxide shall not be exceeded at places of
maximum concentration and at sensitive receptors:
(1)
Residential development of 50 or more units and any other development
involving more than 100 parking spaces located in the PT District;
and
(2)
Residential development of 100 or more units and any other development
involving more than 300 parking spaces located in any other district
of the Township.
Except as expressly authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited. Any application filed for approval of a resource extraction operation shall comply with the provisions of § 115-23F and G, § 115-116 and requirements of this section.
A.
Resource extraction standards. Resource extraction operations shall
be approved only if the applicant can demonstrate that the proposed
resource extraction operation:
(1)
Will not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map, Figure 7.1 of the Pinelands
Comprehensive Management Plan.
(2)
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.
(3)
Is to be located on a parcel of land of at least 125 acres.
[Amended 5-13-1991 by Ord. No. 227-1991]
(4)
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.
(5)
Is fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads.
(6)
Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways.
(7)
Is designed so that surface runoff will be maintained on the parcel
in a manner that will provide for on-site recharge to groundwater.
(8)
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 of on-site areas.
(9)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence as the well as 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 areas of clearing does not exceed that specified in Subsection A(11) below.
[Amended 7-28-1997 by Ord. No. 17-1997]
(10)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection B below and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance.
(11)
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.
B.
Restoration standards.
(1)
All parcels of land that are used for resource extraction operations
shall be restored as follows:
(a)
Restoration shall be a continuous process, and each portion
of the parcel shall be restored such that ground cover will be established
within two years and tree cover established within three years after
resource extraction is completed for each portion of the site mined.
(b)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection A(9) above.
(c)
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; the slope of surface of restored surfaces shall not exceed one-foot vertical to three feet horizontal, except as provided in Subsection B(1)(f) below.
[Amended 7-28-1997 by Ord. No. 17-1997]
(d)
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 7-28-1997 by Ord. No. 17-1997]
(e)
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.
(f)
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 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 7-28-1997 by Ord. No. 17-1997]
(g)
All equipment, machinery and structures, except for those 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.
(h)
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 7-28-1997 by Ord. No. 17-1997]
[1]
Stabilization of exposed areas by establishing ground cover
vegetation.
[2]
Reestablishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one of the following:
[a]
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;
[b]
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;
[c]
A combination of the planting techniques set forth in Subsection B(1)(h)[2][a] and [b] above; or
[d]
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.
(2)
The letter of credit, surety bond or other guaranty of performance which secures restoration for each section shall be released after the requirements of Subsections B(1)(a) through (i) above are determined by the Township or the Commission, as appropriate, as being met and is replaced with a maintenance guaranty for a period of two years thereafter.
[Amended 7-28-1997 by Ord. No. 17-1997]
[Added 11-28-2011 by Ord. No. 14-2011]
A.
In the FA-1, FA-2, FA-3, RDR1, RDR2, RDR1C and RDR1I Zones, clustering
of single-family detached dwellings shall be required whenever two
or more units are proposed as part of a residential development. The
following standards shall apply:
(2)
Bonus density.
(a)
The number of residential lots permitted within the cluster shall be calculated based on the size of the parcel of land and the density permitted in Subsection A(1) above, with a bonus applied in accordance with the following:
|
Parcel Size
|
RDR1, RDR1C and RDR1I Zones
|
RDR2 Zone
|
FA-3 Zone
|
FA-1 and FA-2 Zones
| |
|---|---|---|---|---|---|
|
Less than 50 acres
|
0
|
0
|
0
|
0
| |
|
50 to 99.99 acres
|
10%
|
15%
|
20%
|
25%
| |
|
100 to 149.99 acres
|
15%
|
20%
|
25%
|
30%
| |
|
150 acres or more
|
20%
|
25%
|
30%
|
40%
|
(b)
The bonus density in Subsection A(2)(a) above shall not apply to parcels in common ownership as of April 6, 2009. In order to be eligible for the bonus density provided in Subsection A(2)(a) above, an applicant must document the acquisition of additional vacant, contiguous land on or after April 6, 2009. Such land must be included in the application for cluster development and result in the preservation of a larger area of open space. Upon the acquisition of such lands, the bonus density set forth in Subsection A(2)(a) above shall apply to the entire contiguous parcel which is the subject of the cluster development application.
(3)
The residential cluster shall be located on the parcel such that
the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 115-53B(4) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(5)(c) below, individual on-site septic wastewater treatment systems shall comply with the standards of §§ 115-53B(5) or (7). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §§ 115-53B(5) or (7) shall also be permitted;
(d)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster
development shall be owned and managed by a duly constituted homeowners'
association, a nonprofit conservation organization, Buena Vista Township
or incorporated as part of one of the lots within the cluster development
area.
(a)
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Buena Vista Township or another public agency or nonprofit
conservation organization. In all cases, such restriction shall be
expressly enforceable by the Pinelands Commission. The deed restriction
shall be in a form to be approved by the Township Attorney, the Zoning
Officer and the Pinelands Commission; and
(b)
Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 115.
(c)
Where agricultural use exists on a parcel proposed for cluster
development, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009,
the deed of restriction may provide for the continuation of agricultural
uses, provided the agricultural use has been in existence for a period
of at least five years prior to submission of an application for cluster
development;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection A(5)(c)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(5)(b) above and shall not provide for continuation of any agricultural use on the parcel;
[4]
The deed of restriction to be recorded pursuant to Subsection A(5)(c)[1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[5]
For parcels which meet the standards of Subsection A(5)(c)[1] or [2] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
