[Amended by Ord. No. 82-6; Ord. No. 83-4; Ord. No. 84-10; Ord. No. 89-4; Ord. No. 97-32; Ord. No. 98-2; 4-2-2003 by Ord. No. 03-03; 11-14-2018 by Ord. No. 04-2018; 7-2-2024 by Ord. No. 11-2024; 7-2-2024 by Ord. No. 12-2024]
In addition to the standards set forth in the Code of the City of Estell Manor, all development in the Pinelands Area of the City shall be also consistent with the goals, policies and objectives of the Pinelands Comprehensive Management Plan and N.J.A.C., Title 7, Chapter 50. These standards are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Protection Act. In the event of a conflict between any provisions, the stricter provision shall apply. All development in the Pinelands Area shall comply with the standards herein set forth, the requirements of §
340-13F of the Estell Manor Code, as heretofore or hereafter amended, and all of the provisions of the ordinances of the City of Estell Manor:
A. Vegetation and landscaping. 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 population of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27. In addition, the following standards shall apply:
(1) 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.
(2) Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(a) Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and
(b) Revegetate or landscape areas temporarily cleared or disturbed during development activities.
(3) All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection
A(4) below.
(4) 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
A(3) above shall incorporate the following elements:
(a) The limits of clearing shall be identified.
(b) 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.
(c) Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
(d) 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:
[1] 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;
[2] For limited ornamental purposes around buildings and other structures; or
[3] When limited use of other shrubs or tree species is required for proper screening or buffering.
B. Fish and wildlife. No development shall be carried out on the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq., as heretofore or hereafter amended, and unless it avoids disturbance of distinct fish and wildlife habitats that are essential to the continued resting, nesting or eating and feeding of significant populations of fish and wildlife in the Pinelands.
C. Forestry. Forestry in the Pinelands Area shall be carried out in accordance with the standards set forth in N.J.A.C. 7:50-6.46; as well as those set forth in Chapter
357, Article
II, Tree Cutting and Forestry, of the Code of the City of Estell Manor.
D. Recommended management practices for agriculture. 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.
E. Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or other used in the Pinelands Areas. 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.
F. Water quality.
(1) All development shall be designated and carried out so that the quality of surface water and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
(2) Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.
(3) No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
(4) The following point and nonpoint sources may be developed and operated in the Pinelands:
(a) 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
F(4)(b) through
(f) below, provided that:
[1] There will be no direct discharge into any surface water body.
[2] All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.
[3] All public wastewater treatment facilities are designed to accept and treat septage.
[4] All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(b) 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
F(4)(a)[2] above, provided that
[1] There will be no direct discharge into any surface water body.
[2] The facility is designed only to accommodate wastewater from residential, commercial and industrial development existing at the time of the application.
[3] Adherence to Subsection
F(4)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees as judged against relevant Federal Environmental Protection Agency guidelines.
[4] 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.
(c) Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
[1] There is no practical alternative available that would adhere to the standards of Subsection
F(4)(a)[1] above.
[2] There is no increase in the existing approved capacity of the facility.
[3] 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.
(d) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[1] The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter or authorized by variance.
[2] 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
F(4)(d)[3] 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 §
380-33E or
380-44.
[3] 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.
[4] The depth to seasonal high water table is at least five feet.
[5] 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.
[6] The system will be maintained and inspected in accordance with the requirements of Subsection
F(5) below.
[7] The technology has been approved for use by the New Jersey Department of Environmental Protection.
[8] Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(e) Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[2] If the proposed development is non-residential and located outside of the RV zone, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
[3] 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
F(4)(d)[3] 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 §
380-33E or
380-44.
(f) Surface water runoff, provided that all requirements of Chapter
330, Part
1 are met.
(g) Alternate design pilot program treatment systems, provided that:
[1] The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter or authorized by variance;
[2] 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
F(4)(g)[3] 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 §
380-33E or
380-44;
[3] 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;
[4] The depth to seasonal high water table is at least five feet;
[5] 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;
[6] 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;
[7] Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
[8] 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;
[9] 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;
[10] Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and
[11] 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
F(4)(g)[9] 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.
(5) The owner of every on-site septic wastewater treatment facility in the Pinelands Area which was installed pursuant to any construction which received final approval on or after April 1, 1933 shall, as soon as suitable septic disposal facility capacity is available, in accordance with the provisions of Chapter
236 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 qualified technician at least once every five years.
(b) Where shown to be necessary by said inspection, have such facility cleaned.
(c) Once every five years, submit to the Board of Health serving the City a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and the date of the same and, if cleaned, the name of the person who performed the cleaning and the date of the same.
(6) The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.
(7) Water management.
(a) Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(b) A diversion within the Pinelands Area portion of Estell Manor City that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection
F(7)(b)[1] and
[2] below, or outside of either basin, shall be prohibited.
[1] The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
[2] The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(c) A diversion within the Pinelands Area portion of Estell Manor City involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection
F(7)(b)[1] and
[2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection
F(7)(d) below.
(d) Within the Pinelands Area portion of Estell Manor City a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection
F(7)(d)[3] through
[6] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
[1] When evaluating whether the proposed diversion meets the criteria set forth at Subsection
F(7)(d)[3] through
[6] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.
[2] The standards set forth at Subsection
F(7)(d)[3] through
[6] below shall not apply to:
[a] A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
[i] Be approximately the same depth as the existing well;
[ii] Divert from the same aquifer as the existing well;
[iii] Have the same or lesser pump capacity as the existing well; and
[iv] Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;
[b] Any proposed diversion that is exclusively for agricultural or horticultural use; or
[c] Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.
[3] A proposed diversion shall be permitted only in the following Pinelands Management Areas: Agricultural Production Area.
[4] A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
[5] A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
[6] An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.
G. Miscellaneous regulations regarding chemical and toxic substances. The following regulations shall apply:
(1) All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(2) 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 any such substances to any surface water or groundwater or any land:
(a) Septic tank cleaners; and
(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.
H. Scenic quality. The following regulations shall apply:
(1) All structures in the Pinelands Area within 1,000 feet of the center line of the Tuckahoe River, Middle River or Egg Harbor River, as designated in N.J.A.C. 7:50-6.105, shall be designated to avoid visual impact as viewed from the river.
(2) 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.
(3) Aboveground generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened with vegetation from adjacent uses in accordance with §
380-42A.
(4) All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
(5) This Subsection
H shall not be construed as amending any of the requirements on the revised Schedule of Yard, Area and Bulk Requirements. To the contrary, the more stringent requirement of this Subsection
H or the Revised Schedule of Yard, Area and Bulk Requirements shall apply.
I. Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 through 3 and with the New Jersey Department of Environmental Protection's publication Administrative Guidelines: Barrier Free Design Standards for Parks and Recreation Facilities.
J. Historic resource preservation.
(1) For all resources designated by the Pinelands Commission or by the City Council as historic landmarks pursuant to §
380-20F through
G hereof, the provisions §
380-20H regarding the requirement for a certificate of appropriateness shall apply.
(2) The requirement for a certificate of appropriateness shall also apply in the same manner and according to the same procedures for any development not otherwise exempted from review pursuant to §
380-77A(2) of this chapter where a significant resource has been identified pursuant to Subsection
J(3) below.
(3) A cultural resource survey shall accompany all applications for development in the RV Village Residence Zone and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
(a) This requirement for a survey may be waived by the local approval agency if:
[1] There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
[2] The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
[3] The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection
J(3)(b) below.
(b) A resource shall be deemed to be significant if it meets the qualifications for an historic landmark as defined in Article
II hereof.
(4) A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection
J(3) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Mayor and City Council pursuant to §
380-20G hereof 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.
(5) 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:
(a) A narrative description of the resource and its cultural environment;
(b) Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(c) A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(d) 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.
(6) 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 Part 66).
K. Fire management.
(1) All proposed developments, or units or sections thereof, of 25 dwelling units or more shall have two accessways of a width and surface composition sufficient to accommodate and support firefighting equipment.
(2) No development in the Pinelands Area shall be carried out in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in N.J.A.C. 7:50-6.113 unless such development complies with the following standards:
(a) All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
(b) The rights-of-way of all roads shall be maintained so that they provide an effective fire break.
(c) A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, shrubs and ground cover, as follows:
[1] In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:
[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] All dead plant material is removed.
[2] In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:
[a] Shrubs, understory trees and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] All dead plant material is removed.
[3] In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:
[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[b] No pine tree (Pinus species) is closer than 25 feet to another pine tree.
[c] All dead plant material is removed.
(d) All structures shall meet the following specifications:
[1] Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.
[2] All projections, such as balconies, ducts and roof gables, shall be construed of fire-resistant materials or materials treated with fire-retardant chemicals.
[3] Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets; and
[4] Flat roofs are prohibited in areas where vegetation is higher than the roof.
(e) All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a perimeter fuel break of 200 feet between all structures and the forest in which:
[1] Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;
[2] All dead plant material is removed;
[3] Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and
[4] There is a specific program for maintenance.
L. Air quality.
(1) All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.
(2) Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in any district in the Pinelands Area shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.
(3) 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.
M. Recommended management practices for agriculture.
(1) 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.
(2) In the Agricultural Production Zone, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, located in an area which has been designated by an agency of federal, state or local government as having substandard surface water or groundwater. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
(a) Erosion and runoff: Soil Conservation Service Technical Guide;
(b) Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and
(c) Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
(3) All agricultural operations in the Agricultural Production Zone shall be exempt from any ordinance or regulation which inhibits efficient crop production, including, but not limited to, ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health. The provisions of §
380-22 of this chapter shall apply, however.
N. Cluster development in the Pinelands forest area. In the R-25, R-10, R-5, SD and C Zones, clustering of one-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) In the R-25 and C Zones: one unit per 25 acres.
(b) In the R-10 Zone: one unit per 10 acres.
(c) In the R-5 Zone: one unit per five acres.
(d) In the SD Zone: one unit per 3.2 acres.
(2) The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection
N(1) above, with a bonus applied as follows:
Parcel Size | SD Zone | R-5 Zone | R-10 Zone |
|---|
<50 acres | 0 | 0 | 0 |
50 to 99.99 acres | 10% | 15% | 20% |
100 to 149.99 acres | 15% | 20% | 25% |
>150 acres | 20% | 25% | 30% |
(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 environmental standards of N.J.A.C. 7:50-6.
(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) The following minimum yard and bulk requirements shall apply:
[4] Side yard, each: 20 feet.
[5] Side yard, both: 50 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 §
380-42F(4)(d) 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
N(5)(b)[2] below, individual on-site septic wastewater treatment systems shall comply with the standards of §
380-42F(4)(e) or
(g). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of §
380-42F(4)(e) or
(g) 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 one-half 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, Estell Manor City 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 Estell Manor City or another public agency or nonprofit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b) The deed of restriction shall permit the parcel to be managed for:
[1] 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 this chapter; and
[2] Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[a] 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%;
[b] 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;
[c] For those agricultural uses established after April 6,2009 which do not meet the standards of Subsection
N(5)(b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection
N(5)(b)[1] above and shall not provide for continuation of any agricultural use on the parcel;
[d] The deed of restriction to be recorded pursuant to Subsection
N(5)(b)[2][a] or [b] 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
[e] For parcels which meet the standards of Subsection
N(5)(b)[2][a] or [b] 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.