Township of Buena Vista, NJ
Atlantic County
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Table of Contents
Table of Contents
[1]
Editor's Note: For stormwater management requirements in the Pinelands Area, see also Ch. 85, Art. I.
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]
(1) 
Horticulture of native Pinelands species in accordance with the requirements of § 115-52.
(2) 
Berry agriculture in accordance with the requirements of § 115-52.
(3) 
Beekeeping.
(4) 
Forestry in accordance with the requirements of § 115-51.
(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:
(a) 
There is a demonstrated need for the facility that cannot be met by existing facilities.
(b) 
The development conforms to all state and federal regulations.
(c) 
The development will not result in a significant adverse impact, as set forth in Subsection B below.
(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.
(3) 
Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
[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.
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.
(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.
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:
(1) 
Erosion and runoff: Soil Conservation Service Technical Guide.
(2) 
Animal waste: Soil Conservation Service Animal Waste Management Field Manual.
(3) 
Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
C. 
Any agricultural operation, when operating as a permitted use in any zoning district, shall be subject to the provisions of § 115-103.
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]
(a) 
The standards set forth in Subsection B(4)(a) and B(4)(c) through (h) above are met.
(b) 
If the proposed development is nonresidential, it is located:
[Amended 10-22-2018 by Ord. No. 64-2018]
[1] 
In the PVR1, PVR2, PVRC, PVI or PT Districts; or
[2] 
In any other Pinelands Area zoning district provided that the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
(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:
[Added 7-28-1997 by Ord. No. 17-1997]
(a) 
The total runoff generated from any net increase in impervious surfaces by a ten-year storm of a twenty-four-hour duration shall be retained and infiltrated on site. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4.
(b) 
The rates of runoff generated from the parcel by a two-, ten-, and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4.
(c) 
Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel.
(d) 
Excessively and somewhat excessively drained soils, as defined by the Soil Conservation Service, should be avoided for recharge of runoff wherever practical.
(e) 
A minimum separation of two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high water table is met or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality.
(f) 
A four-year maintenance guaranty is provided for the entire stormwater management system by the applicant. In addition, the applicant shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than 10 years. The program shall identify the entity charged with responsibility for annual inspections and the completion of any necessary maintenance and the method to finance said program.
(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.
(2) 
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986[2]
[2]
Editor's Note: See N.J.S.A. 58:10A-21 et seq.
D. 
Prohibited chemicals and materials.
(1) 
Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface or ground water or any land:
(a) 
Septic tank cleaners.
(b) 
Waste oil.
(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. Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.
A. 
Scenic corridors.
(1) 
Except for those roads which provide for 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.
(5) 
The requirements of B(1) through (3) above shall not apply to residential cluster developments which comply with the standards of § 115-62.
[Added 11-28-2011 by Ord. No. 14-2011]
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:
(a) 
In moderate fire hazard areas, a fuel break of 30 feet, measured outward from the structure, in which:
[1] 
Shrubs, understory trees; bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] 
All dead plant material is removed.
(b) 
In high hazard areas, a fuel break of 75 feet, measured outward from the structure, in which:
[1] 
Shrubs, understory trees, bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] 
All dead plant material is removed.
(c) 
In extreme high hazard areas, a fuel break of 100 feet, measured outward from the structure, in which:
[1] 
Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] 
No pine trees (Pinus species) are closer than 25 feet to another pine tree.
[3] 
All dead plant material is removed.
(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.
(2) 
Development not otherwise exempted from review pursuant to § 115-17D, where a significant resource has been identified pursuant to Subsection E below.
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.
(c) 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection E(2) below.
(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]
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.