City of Corbin, NJ Development Standards

Horticulture of native Pinelands species.

Berry agriculture.

Beekeeping.

Forestry.

Fish and wildlife activities and wetlands management, in accordance with N.J.A.C. 7:50-6.10.

[Amended 10-11-2011 by Ord. No. 7-2011]

Low-intensity recreational uses which do not involve 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 other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B below.

[Amended 11-13-1989 by Ord. No. 89-4]

Private docks, piers, moorings and boat launches.

Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:

[Amended 11-13-1989 by Ord. No. 89-4]

There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route or site which results in fewer significant adverse impacts on wetlands does not exist;

The public need cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

The resources of the Pinelands will not be substantially impaired as a result of the facility and its development.

Performance standards. No development in the Pinelands Forest Area District shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants and animals, in one or more of the following ways:

[Amended 11-13-1989 by Ord. No. 89-4]

An increase in surface water runoff discharging into a wetland.

A change in the normal seasonal flow pattern in the wetland.

An alteration of the water table in the wetland.

An increase in erosion resulting in increased sedimentation in the wetland.

A change in the natural chemistry of the ground or surface water in the wetland.

A loss of wetland habitat.

A reduction in wetland habitat diversity.

A change in wetlands species composition.

(9)

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.

(10)

Determinations regarding adverse impact 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.

[Added 11-13-1989 by Ord. No. 89-4]

§ 82-19 Vegetation and landscaping.

[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]

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.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

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

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.

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:

The limits of clearing shall be identified;

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;

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

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:

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;

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

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.

§ 82-20 Fish and 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 those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

[Amended 11-13-1989 by Ord. No. 89-4]

Protection of wildlife habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct 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.

§ 82-21 Forestry.

[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]

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:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

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;

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;

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

Prescribed burning and the clearing and maintaining of fire breaks.

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]

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]

Forestry permit procedures.

Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

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.

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.

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.

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.

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.

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.

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.

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.

§ 82-23 Water quality.

[Amended 11-13-1989 by Ord. No. 89-4; 7-14-1997 by Ord. No. 4-97]

General standards.

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.

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.

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.

The following point and nonpoint sources may be developed and operated in the Pinelands:

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:

There will be no direct discharge into any surface water body;

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;

All public wastewater treatment facilities are designed to accept and treat septage; and

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

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:

There will be no direct discharge into any surface water body;

The facility is designed only to accommodate wastewater from existing residential, commercial, and industrial development;

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

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.

Improvements to existing commercial, industrial, and wastewater treatment facilities which discharge directly into surface waters, provided that:

There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above;

There is no increase in the existing approved capacity of the facility; and

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.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;

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;

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;

The depth to seasonal high water table is at least five feet;

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;

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.

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater provided that:

The standards set forth in Subsection B(4)(a) and (4)(c) through (h) above are met;

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]

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.

Surface water runoff, provided that:

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;

The rates of runoff generated from the parcel by a two-year, ten-year and 100-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;

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;

Excessively and somewhat excessively drained soils, as defined by the Soil Conservation Service, should be avoided for recharge of runoff wherever practical;

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; and

A four-year maintenance guarantee 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.

Individual wastewater treatment facility and petroleum tank maintenance.

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:

Have the facility inspected by a technician at least once every three years.

Have the facility cleaned at least once every three years.

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.

Prohibited chemicals and materials.

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:

Septic tank cleaners.

Waste oil.

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.

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.

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.

§ 82-24 Scenic standards.

Setbacks and screening requirements for scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, no development shall be located within 200 feet of the center line of a public paved road in the Pinelands Forest Area District, unless an environmental or other physical consideration makes it impractical to do so; provided, however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening. These requirements shall not apply to residential cluster developments in the Pinelands Forest Area District which shall comply with the standards of N.J.A.C. 7:50-5.19 (c) and (d).

[Amended 11-13-1989 by Ord. No. 89-4; 10-11-2011 by Ord. No. 7-2011]

Sign standards. All signs in the Pinelands Forest Area District shall comply with the following standards:

No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden intermittent or rhythmic movement or physical or lighting change, shall be permitted.

No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted.

No outdoor off-site commercial advertising sign, other than signs advertising agricultural commercial establishments, shall be permitted. Off-site outdoor signs advertising agricultural commercial establishments shall be permitted, provided that:

[Amended 11-13-1989 by Ord. No. 89-4]

No more than two signs shall be placed in any one direction along each road directly approaching the establishment; and

No sign along four-lane state or federal highways shall exceed 34 square feet in area; and no sign along any other road shall exceed 32 square feet in area.

No existing sign which does not conform to Subsection B(1), (2) and (3) hereof shall be permitted to continue beyond January 14, 1991.

To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic value of the Pinelands.

Location of utilities.

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.

All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practicable.

Aboveground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with § 82-19 of this chapter.

[Amended 11-13-1989 by Ord. No. 89-4]

§ 82-25 Fire management.

[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:

All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

The rights-of-way of all roads will be maintained so that they provide an effective firebreak.

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:

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure, in which.

Shrubs, understory trees and bushes and ground cover to be selectively removed, mowed or pruned on an annual basis.

All dead plant material is removed.

In high fire hazard areas, a fuel break of 75 feet, measured outward from the structure, in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

All dead plant material is removed.

In extreme high hazard areas, a fuel break of 100 feet, measured outward from the structure, in which:

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.

No pine tree (Pinus species) is closer than 25 feet to another pine tree.

All dead plant material is removed.

All structures will meet the following specifications:

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]

All projections, such as balconies, decks and roof gables, shall be constructed of fire-resistant materials or materials treated with fire-resistant chemicals.

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.

Flat roofs are prohibited in areas where vegetation is higher than the roof.

§ 82-26 Recreation areas.

[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).

§ 82-27 Historic, archaeological and cultural resources.

[Amended 11-13-1989 by Ord. No. 89-4]

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.

Authority to issue certificate of appropriateness.

The Planning Board shall issue all certificates of appropriateness, except as specified in Subsection B(2) below.

The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

Certificates of appropriateness shall be required for the following:

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

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.

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

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]

This requirement for a survey may be waived by the local approval agency if:

There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

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

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection E(2) below.

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:

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

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

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

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.

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.

The effect of the issuance of a certificate of appropriateness is as follows:

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.

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]

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 narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

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.

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).

§ 82-28 Resource extraction.

[Amended 11-13-1989 by Ord. No. 89-4]

Except as otherwise 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 resource extraction operations in the Pinelands shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

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;

A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;

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;

(12)

A soils map;

(13)

A reclamation plan which includes:

Method of stockpiling topsoil and overburden;

Proposed grading and final elevations;

Topsoil material application and preparation;

Type, quantity and age of vegetation to be used;

Fertilizer application, including method and rates;

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.

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.

Resource extraction standards. Resource extraction activities shall:

Be designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than:

Two hundred feet to any property line.

Five hundred feet to any residential or non-resource-extraction-related commercial use which is in existence on the date of the permit.

Be located on a parcel of land of at least 20 acres.

Provide that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.

Be fenced or blocked so as to prevent unauthorized entry into the resources extraction operation through access roads.

Provide ingress and egress to the resources extraction operation from public roads by way of gravel or porous paved roadways.

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.

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.

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:

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.

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the application.

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]

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]

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.

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.

§ 82-29 Amendments.

In amending this chapter, the City's Master Plan or any other ordinance regulating the use of land in the City of Corbin City within the Pinelands Area shall comply with all requirements of N.J.A.C. 7:50-3.45.

Property within the Pinelands Preservation Area.

Blocks and Lots Within the Pinelands Area of Corbin City
Blocks	Lots
101	1, 2
102	1, 2, 3, 5.1, 5.2, 6.1, 6.2

§ 82-30 Pinelands development credits.

Pinelands development credits may be allocated to certain properties in the City by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq. of the Comprehensive Management Plan.

Pinelands development credits may be used in the City in the following circumstances:

When a variance for cultural housing is granted by the City in accordance with § 82-6B(8) of this chapter.