[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:
(1) Avoid wooded areas, including New Jersey's Record Trees as published
by the New Jersey Department of Environmental Protection in 1991 and
periodically updated.
(2) Revegetate or landscape areas temporarily cleared or disturbed during
development activities.
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.
[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:
[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;
[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;
[iv] Regeneration and reforestation practices;
[v] Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[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.
(h)
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§
115-49E and
115-50A;
(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
(n)
When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to §
115-27.
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:
(a)
Minimize changes to surface and groundwater hydrology;
(b)
Minimize changes to temperature and other existing surface water
quality and conditions;
(c)
Prevent unnecessary soil erosion, siltation and sedimentation;
and
(d)
Minimize unnecessary disturbances to aquatic and forest habitats.
(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.
(6) In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in §§
115-26 and
115-27.
(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 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.
[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.
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]
C. Resource extraction permit limitations. No permit authorizing resource extraction shall be issued for any period exceeding two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of §
115-61A are met.
[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:
(1) Permitted density:
(a)
FA-1 and FA-2 Zones: one unit per 30 acres;
(b)
FA-3 Zone: one unit per 20 acres;
(c)
RDR1, RDR1C and RDR1I Zones: one unit per 3.2 acres; and
(d)
RDR2 Zone: one unit per 5.0 acres.
(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:
(a)
Is located proximate to existing roads;
(b)
Is located proximate to existing developed sites on adjacent
or nearby parcels;
(c)
Is or will be appropriately buffered from adjoining or nearby
nonresidential land uses; and
(d)
Conforms with the minimum standards of Article
VIII.
(4) Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres;
(b)
All residential lots shall meet the following minimum requirements:
[1]
Minimum lot width: 130 feet;
[2]
Minimum lot depth: 130 feet;
[3]
Minimum side yards: 20 feet;
[4]
Minimum front yard: 40 feet; and
[5]
Minimum rear yard: 30 feet.
(c)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of §
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.