No development in the Pinelands Forest Area District shall be
carried out by any person unless it is in conformance with each of
the standards set forth hereinafter.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]
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; and
(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 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;
and
(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
Forest Area District unless it is designed to avoid irreversible adverse
impacts on the survival of any local populations of threatened or
endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]
A. Permit required; exceptions. No forestry in the Pinelands Forest
Area District shall be carried out by any person unless a permit for
such activity has been issued by the City 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; and
(5) Prescribed burning and the clearing and maintaining of fire breaks.
B. Forestry application requirements. Any application for approval of
forestry operations shall be subject to the requirements of N.J.A.C.
7:50-6.44.
[Amended 10-11-2011 by Ord. No. 7-2011]
C. Forestry standards. 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.
[Amended 10-11-2011 by Ord. No. 7-2011]
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 §§
82-10 through
82-13.
(7) Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this chapter
and the Pinelands Comprehensive Management Plan are met.
E. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection
D(3) above, the applicant shall be required to pay of a sum of $250, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F. Notification of harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours' written
notice of the intention to begin harvesting operations.
All agricultural activities and fish and wildlife management
activities, including the preparation of land and the planting, nurturing
and harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service and the New Jersey Agricultural Experimental Station at Rutgers
University.
[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]
A. General standards.
(1) All development permitted under this plan, or under a certified county
or municipal master plan or land use ordinance shall be designed and
carried out so that the quality of surface and ground water will be
protected and maintained. For the purpose of this part, agricultural
purposes shall not be considered development.
(2) Except as specifically authorized in this part, no development shall
be permitted which degrades surface or ground water quality or which
establishes new point sources of pollution.
(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. The following point and nonpoint sources may be developed and operated
in the Pinelands:
(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:
(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 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; and
(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
(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.
(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;
(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:
(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 §
82-6B(9) or N.J.A.C. 7:50-5.47;
(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
aguiclude, 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; and
(h)
Flow values for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C.
7:14A-23.3(a) shall be used in calculating flow.
(5) Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater
provided that:
(b)
If the proposed development is nonresidential, it meets the
requirement set forth in N.J.A.C. 7:50-6.84(a)5iii (2).
[Amended 8-13-2018 by Ord. No. 4-2018]
(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 §
82-6B(9) or N.J.A.C. 7:50-5.47.
(6) Surface water runoff, provided that the requirements of Chapter
82, Article
V, are met.
[Amended 4-10-2023 by Ord. No. 6-2023]
C. Individual wastewater treatment facility and petroleum tank maintenance.
(1) The owner of every on-site septic wastewater treatment facility in
the Pinelands Forest Area District shall, as soon as a 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 § 201 of the Clean Water Act:
(a)
Have the facility inspected by a technician at least once every
three years.
(b)
Have the facility cleaned at least once every three years.
(c)
Once every three years submit to the Board of Health serving
the City of Corbin 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 cleaning and the date
of such inspection.
D. Prohibited chemicals and materials.
(1) Use of the following substances is prohibited in the Pinelands Forest
Area District to the extent that such use will result in direct or
indirect introduction of such substances to any surface or ground
or surface water or any land:
(2) All storage facilities for deicing chemicals shall be lined to prevent
leaking into the soil and shall be covered with all 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.
(4) No hazardous or toxic substances, including hazardous wastes, shall
be stored, transferred, processed, discharged, disposed of 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.
[Amended 11-13-1989 by Ord. No. 89-4]
No development shall be carried out in the Pinelands Forest
Area District in vegetated areas which are classified as moderate,
high or extreme hazard under the fire hazard classification set out
in N.J.A.C. 7:50-6.123 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 will be maintained so that they provide
an effective firebreak.
C. A fire hazard fuel break is provided around structures proposed for
human use by the selective removal or thinning of trees, bushes, shrubs
and ground cover, as follows:
(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 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 bushes 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 will 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.
[Amended 11-13-1989 by Ord. No. 89-4]
(2) All projections, such as balconies, decks and roof gables, shall
be constructed of fire-resistant materials or materials treated with
fire-resistant chemicals.
(3) Chimneys and stovepipes which are designed to burn solid or liquid
fuels shall be equipped with screens over the outlets.
(4) Flat roofs are prohibited in areas where vegetation is higher than
the roof.
[Amended 11-13-1989 by Ord. No. 89-4]
All recreation areas and facilities in the Pinelands Areas shall
be designed in accordance with the New Jersey Department of Environmental
Protection's publication, Administration Guidelines: Barrier Free
Design Standard for Parks and Recreational Facilities, and N.J.A.C.
7:50-6.143(a)(2) and 7:50-6.444(a)(1)-(a)(3).
[Amended 11-13-1989 by Ord. No. 89-4]
A. The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Common Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection
E(2) below.
B. Authority to issue certificate 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 shall issue certificates of appropriateness
for those applications for development which it is otherwise empowered
to review.
C. Certificates of appropriateness shall be required for the following:
(1) Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Common
Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154,
or any action which renders such a site inaccessible; and
(2) Development not otherwise exempted from review pursuant to §
82-7B of this chapter where a significant resource has been identified pursuant to Subsection
E below.
D. Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
E. A cultural resource survey shall accompany all applications for major
development in order to determine whether any significant historic
resources exist on the parcel. Guidelines for this survey are contained
in Appendix B of the "Cultural Resource Management Plan," dated April
1991, as amended. In general, the survey shall include: a statement
as to the presence of any properties listed on the National and State
Registers of Historic Places on the site or within the area of the
projects' potential environmental impacts; a thorough search of state,
local and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
[Amended 7-14-1997 by Ord. No. 4-97]
(1) This requirement for a survey may be waived by the local approval
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; or
(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; or
(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; or
(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; or
(d)
The presence of a site or area which has yielded or is likely
to yield significant information regarding the history or archaeological
history of the Pinelands.
F. The standards governing the issuance of certificates of appropriateness
in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board
and Board of Adjustment.
G. The effect of the issuance of a certificate of appropriateness is
as follows:
(1) All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection
G(2) below.
(2) A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection
E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Common Council 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 7-14-1997 by Ord. No. 4-97]
H. The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity:
(1) A narrative description of the resource and its cultural environment;
(2) Photographic documentation to record the exterior appearance of buildings,
structures, and engineering resources;
(3) A site plan depicting in correct scale the location of all buildings,
structures, and engineering resources; and
(4) A New Jersey State inventory form as published by the New Jersey
Department of Environmental Protection for buildings and a narrative
description of any process or technology if necessary to elaborate
upon the photographic record.
I. If archaeological data is discovered on a site at any time after
construction has been commenced, the developer shall immediately cease
construction, notify the Planning Board and the Pinelands Commission
and take all reasonable steps to protect the archaeological data in
accordance with the "Guidelines for the Recovery of Scientific, Prehistoric,
History and Archaeological Data: Procedures for Notification, Reporting,
and Data Recovery" (36 CFR 66).
[Amended 11-13-1989 by Ord. No. 89-4]
A. Except as otherwise authorized in this chapter, the extraction or
mining of mineral resources other than sand, gravel, clay, and ilmenite
is prohibited.
B. Any application filed for approval of resource extraction operations
in the Pinelands shall include at least the following information:
(1) The applicant's name and address and his interest in the subject
property;
(2) The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(3) The legal description, including block and lot designation and street
address, if any, of the subject property;
(4) A description of all existing uses of the subject property;
(5) A brief written statement generally describing the proposed development;
(6) A USGS quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject property and
the Pinelands management area designation and zoning designation are
shown;
(7) A topographic map at a scale of one inch equals 200 feet, showing
the proposed dimensions, location and operations on the subject property;
(8) The location, size and intended use of all buildings;
(9) The location of all points of ingress and egress;
(10)
A location map, including the area extending at least 300 feet
beyond each boundary of the subject property, showing all streams,
wetlands and significant vegetation, forest associations and wildlife
habitats;
(11)
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
(13)
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application, including method and rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule.
(14)
A signed acknowledgment from both the owner and the applicant
that they are responsible for any resource extraction activities which
are contrary to any provision of this chapter or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant;
(15)
A financial surety, guaranteeing performance of the requirements of §
82-28D in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the City as the obligee, shall be posted by the property owner or his agent with the City;
(16)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Board or the Pinelands
Commission pursuant to the Interim Rules and Regulations; and
(17)
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to §
82-11 of this chapter.
C. Time limit on Board approval. Board approvals authorizing resource
extraction shall be effective for a period of two years. Additional
approvals shall be considered by the Board only if the requirements
of this section have been met.
D. Resource extraction standards. Resource extraction activities shall:
(1) Be designed so that no area of excavation, sedimentation pond, storage
area equipment or machinery or other structure or facility is closer
than:
(a)
Two hundred feet to any property line.
(b)
Five hundred feet to any residential or non-resource-extraction-related
commercial use which is in existence on the date of the permit.
(2) Be located on a parcel of land of at least 20 acres.
(3) Provide that all topsoil that is necessary for restoration will be
stored on the site and will be protected from wind or water erosion.
(4) Be fenced or blocked so as to prevent unauthorized entry into the
resources extraction operation through access roads.
(5) Provide ingress and egress to the resources extraction operation
from public roads by way of gravel or porous paved roadways.
(6) Be designed so that the surface runoff will be maintained on the
parcel in a manner that will provide for on-site recharge to groundwater.
(7) Not involve excavation below the seasonal high-water table, unless
the excavation will serve as a recreation or wildlife resource or
a water reservoir for public, agricultural or industrial uses or for
any other use authorized in the zoning district in which the site
is located, provided that in no case shall excavation have a depth
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 or on off-site areas.
(8) Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the 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 area of clearing does not exceed that specified in Subsection
D(9) below.
[Amended 7-14-1997 by Ord. No. 4-97]
(9) Not involve clearing adjacent to ponds in excess of 20 acres or an
area necessary to complete scheduled operations or will not involve
unclaimed clearing exceeding 100 acres or 50% of the area to be mined,
whichever is less, for surface excavation at any time.
(10)
Involve restoration of disturbed areas at the completion of
the resource extraction operation in accordance with the following
requirements:
(a) Restoration shall be a continuous process, and each portion of the
parcel shall be restored such that the ground cover is 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 the application.
(c)
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent possible. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of the surface of the restored surface shall not exceed one foot vertical to three feet horizontal, except as provided in Subsection
D(10)(f) of this section.
[Amended 7-14-1997 by Ord. No. 4-97]
(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 7-14-1997 by Ord. No. 4-97]
(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 water 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 7-14-1997 by Ord. No. 4-97]
(g)
All equipment, machinery and structures, except for 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 7-14-1997 by Ord. No. 4-97]
[1]
Stabilization of exposed areas by establishing ground cover
vegetation; and
[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 D(10)(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.
(i)
Slopes beyond a water body's shoreline shall be permitted at
the natural angle of repose to the bottom of the pond.
[Added 7-14-1997 by Ord.
No. 4-97]
(11)
Will not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map appearing as Figure 7.1
in the Pinelands Comprehensive Management Plan.
(12)
The letter of credit, surety bond, or other performance guarantee which secured restoration of each section shall be released after the City has determined that the requirements of §
82-28D(1) through
(11) above are being met and the performance guarantee is replaced with a maintenance guarantee for a period of two years thereafter.