Township of Winslow, NJ Article XV Design and Performance Standards

§ 296-68 Compliance with standards required; additional standards.

[Amended 5-17-94 by Ord. No. 0-13-94]

No development in the Pinelands Area of the township shall be carried out by any person unless it is in conformance with each of the standards set forth in this Article. These standards are requirements of the Pinelands Comprehensive Management Plan, Part II, Article 6 (N.J.A.C. 7:50-6.1 et seq.). Certain of the Pinelands standards are contained elsewhere in the Winslow Township Code, as amended. In particular, the Pinelands standards for landfills, resource extraction and individual on-site sewage disposal systems are found in the following respective chapters of the Winslow Code in accordance with amendments made to these chapters: Chapter 135, Dumping, Article III, Pinelands Standards for Landfills; Chapter 179, Natural Resources; and Chapter 218, Sewage Disposal Systems, Individual. Development in the Pinelands Area of the township that involves landfills, resource extraction operations or the installation and operation of individual on-site sewage disposal systems shall conform with those requirements, in addition to any of the standards contained under this Article. Within the Pinelands Area, all applications for development approval shall be referred to the environmental commission for review and comment.

§ 296-69 Agricultural management.

A. Within the Pinelands Area of the township, all agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

B. In the Agricultural Zoning District 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 any agency of Federal, State or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the soil conservation district for review. The resource conservation plan shall be reviewed, up-dated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:

(1) Erosion and Runoff - Soil Conservation Service Technical Guide.

(2) Animal Waste - Soil Conservation Service Animal Waste Management Field Manual.

(3) Fertilizers and Pesticides - Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

§ 296-70 Air quality.

[Amended 5-24-1989 by Ord. No. 0-27-89]

A. All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

[Amended 2-25-1997 by Ord. No. 0-2-97]

B. Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

(1) Residential development of fifty (50) or more units and any other development involving more than one hundred (100) parking spaces located in the PR-2, PR-3, PR-4, PC-1, PC-2 or PI-1 Districts; and

[Amended 3-26-2002 by Ord. No. 0-6-02; 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]

(2) Residential development of one hundred (100) or more units and any other development involving more than three hundred (300) parking spaces located in the PP, PRC, PA, PR-1, PR-5, PR-6 Ancora, PC-3, PC-4, PI-2 or PI-3 Districts.

[Amended 7-20-93 by Ord. No. 0-20-93; 3-26-02 by Ord. No. 0-6-02]

§ 296-70.1 Control towers.

[Added 4-28-98 by Ord. No. 0-8-98]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

(1) ANTENNA — Any exterior apparatus designed for radio communication through the sending and/or receiving of electromagnetic waves.

(2) TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas or other radio equipment, including self-supporting lattice towers, guy towers, or monopole towers.

(3) FCC — The Federal Communications Commission.

(4) HEIGHT — When referring to a tower, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

(5) GOVERNING BODY — The Mayor and Township Committee of the Township of Winslow.

B. Applicability. This section shall only apply to amateur radio, ham radio and civilian band radio operators with or without a booster (amplifier) which are accessory to otherwise permitted uses. The erection of any type of tower, including but not limited to self-supporting lattice towers, guy towers, or monopole towers for transmission or reception of radio waves, shall be permitted in any zone within the township unless precluded by another Federal or State law or regulation, on the condition that the following requirements are satisfied:

(1) Towers shall be of a height not in excess of sixty-three (63) feet including the height of any antenna on said tower.

(2) Towers may be located in any zone within the township and shall be located within the property lines excluding the front yard and side yard, but only excluding that portion of the side yard which extends beyond the front of a residential or commercial structure.

(3) Towers must satisfy the minimum zoning district bulk requirements for accessory uses in each zoning district in which said tower is located, with the exception that side yards shall be a minimum of fifteen (15) feet in all residential districts.

(4) Towers shall be equipped with an appropriate anti-climbing device.

(5) All towers must meet or exceed current standards and regulations of the FCC or any other agency of the Federal government with the authority to regulate such towers and/or antennas. To the extent that such standards and regulations are amended from time to time, then this section shall be deemed amended to comply with said regulations. The owners of all such towers and/or antennas governed by this section shall bring such towers and antennas into compliance with such revised Federal regulations within the time lines as required under such Federal regulations.

(6) Towers and/or antennas which are accessory to otherwise permitted uses located on any property owned, leased or otherwise controlled by the governing body shall be exempted from the requirements of this section. In the Pinelands Area, such accessory towers and/or antennas shall not exceed a height of two hundred (200) feet.

(7) Towers shall be either of a galvanized steel finish or shall be an earth tone or sky-like color so as to reduce visual obtrusiveness, unless required to be painted a different color by any other Federal or State agency.

C. Abandonment. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove same within thirty (30) days of receipt of notice from the township governing body notifying the owner of such abandonment.

D. Interference. It shall be the responsibility of the owner of any such tower or antenna described in this section to correct any interference with pacemakers or medical devices, which is causally related to the operation of the tower or antenna.

§ 296-71 Energy conservation.

A. Development proposals, as much as is practicable, shall incorporate energy conservation measures and devices to reduce energy consumption and to provide for the maximum utilization of renewable energy sources.

B. New streets shall be oriented to permit, within the limits of practicability and feasibility, the construction of buildings thereon to maximize solar gain and the use of renewable energy sources.

§ 296-72 Fire protection management.

A. All applications for development in the Pinelands Area of the township shall demonstrate conformance with the standards for fire management, as outlined below.

B. Fire hazard classes.

[Amended 3-22-89 by Ord. No. 0-19-89]

(1) The potential fire hazard for any parcel of land proposed for development shall be determined according to the following fire hazard classes:

Fire Hazard Class	Vegetation Type
Low	Atlantic White Cedar Hardwood Swamps
Moderate	Non-pine barrens forest Prescribed burned areas
High	Pine barrens forests including mature forms of pine, pine-oak, or oak pine
Extreme	Immature or dwarf forms of pine-oak or oak pine; all classes of pine-scrub oak and pine-lowland

(2) The appropriate fire hazard class for a particular parcel of land can be obtained by referring to the Vegetation Map in the township's Natural Resources Inventory, supplemented by an on-site inspection to determine true height and spacing, as is necessary.

C. For lands classified as moderate, high and extreme fire hazards areas, all roads shall conform with the following standards:

(1) All new residential development of twenty-five (25) units or more shall have two (2) accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

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

[Amended 5-24-89 by Ord. No. 0-27-89]

(3) The rights-of-way of all roads shall be maintained so that they provide an effective fuel break.

D. For lands classified as moderate, high and extreme fire hazard areas, a fire hazard fuel break shall be provided around structures proposed for human use by selectively thinning, mowing or pruning and maintaining on an annual basis the shrubs, understory trees, bushes and ground cover and removing all dead plant material. These fuel breaks shall be at widths, measured outward from the structures as follows:

(1) Moderate fire hazard areas: thirty (30) feet.

(2) High fire hazard areas: seventy-five (75) feet.

(3) Extreme fire hazard areas: one hundred (100) feet.

E. Fire hazard fuel breaks within lands classified as extreme fire hazard areas shall contain no pine tree (Pinus species) that is within twenty-five (25) feet of another pine tree.

F. All applications for development of one hundred (100) or more dwelling units on lands classified as high or extreme fire hazard areas shall have a two-hundred foot perimeter fuel break between all structures and the forest, in which:

(1) Shrubs, understory trees 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 and wetlands are incorporated into the fuel break to the maximum extent practicable.

(4) There is a specific program for maintenance.

G. All new structures proposed for development in the Pinelands Area of the township 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.

[Amended 5-24-89 by Ord. No. 0-27-89]

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

(3) Any openings in the roof, attic and the floor shall be screened.

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

(5) Flat roofs shall be prohibited in areas where vegetation is higher than the roof.

§ 296-73 Fish and wildlife.

A. 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 5-24-89 by Ord. No. 0-27-89]

B. All development shall be carried out in the Pinelands Area of the township 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.

§ 296-74 Forestry.

[Amended 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97]

A. Permit required. No forestry in the Pinelands Area of the township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(1) Normal and customary forestry practices on residentially improved parcels of land that are five (5) acres or less in size;

(2) Tree harvesting, provided that no more than one (1) cord of wood per five (5) acres of land is harvested in any one (1) year and that no more than five (5) cords of wood are harvested from the entire parcel in any one (1) year;

(3) Tree planting, provided that the area to be planted does not exceed five (5) acres in any one (1) 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 (5) acres in any one (1) year; and

(5) Prescribed burning and the clearing and maintaining of fire breaks.

B. The information in Subsections A(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[Amended 7-19-11 by Ord. No. O-2011-017]

(1) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(2) For all other forestry applications:

(a) The applicant's name and address and his interest in the subject parcel;

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

(c) The description, including block and lot designation and street address, if any, of the subject parcel;

(d) A description of all existing uses of the subject parcel;

(e) A brief written statement generally describing the proposed forestry operation;

(f) A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

(g) A forestry management plan that includes, as appropriate:

[1] A cover page for the plan containing:

[a] The name, mailing address and telephone number of the owner of the subject parcel;

[b] The municipality and county in which the subject parcel is located;

[c] The block and lot designation and street address, if any, of the subject parcel;

[d] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[e] The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

[2] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five (5) years) and long-term (twenty (20) years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

[3] A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

[a] The number of acres;

[b] The general condition and quality of each stand;

[c] The overall site quality, relative to the management goals and objectives identified in Subsection (2)(g)[2] above;

[d] An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;

[e] The age of representative trees;

[f] The species composition, including overstory, understory, ground layer structure and composition;

[g] The stand cohort composition;

[h] The percent cover;

[i] The basal area;

[j] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[k] The condition and species composition of advanced regeneration when applicable;

[l] A stocking table showing the stocking levels, growth rates and volume;

[m] Projections of intended future stand characteristics at 10-, 20-, and 40-year intervals;

[n] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessary limited to, a description of:

[i] Stand improvement practices;

[ii] Site preparation practices;

[iii] Harvesting practices;

[iv] Regeneration and reforestation practices;

[v] Improvements, including road construction, stream crossings, landings, loading areas and skid trails;

[vi] Herbicide treatments;

[vii] Silvicultural treatment alternatives;

[viii] If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

[ix] Implementation instructions; and

[x] Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

[o] A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

[4] A map of the entire parcel which includes the following:

[a] The owner's name, address and the date the map was prepared;

[b] An arrow designating the north direction;

[c] A scale which is not smaller than one (1) inch equals two thousand (2,000) feet or larger than one (1) inch equals four hundred (400) feet;

[d] The location of all property lines;

[e] A delineation of the physical features such as roads, streams and structures;

[f] The identification of soil types (a separate map may be used for this purpose);

[g] A map inset showing the location of the parcel in relation to the local area;

[h] Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one (1) inch equals two thousand (2,000) feet or larger than one (1) inch equals four hundred (400) feet, and shall be appropriately keyed to the property map; and

[i] A legend defining the symbols appearing on the map.

(h) A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in Sections 296-73A and 296-82E,

(i) A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Section 296-75.

(j) A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below;

(k) A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

(l) Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C. below; and

(m) A Certificate of Filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

(n) When prior approval for the forestry activities has been granted by the Zoning Officer or other township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Section 40-42.

C. Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[Amended 7-19-11 by Ord. No. O-2011-017]

(1) All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

(2) Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

(3) The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps;

(a) Clearcutting cedar and managing slash;

(b) Controlling competition by other plant species;

(c) Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

(d) Utilizing existing streams as cutting boundaries, where practical;

(e) Harvesting during dry periods or when the ground is frozen; and

(f) Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

(4) All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in Sections 296-73A and 296-82E. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

(5) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

(6) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Section 296-75;

(7) A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least twenty-five (25) feet in width. Where soils are severely erodible, slopes exceed ten percent (10%) or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of seventy (70) feet to buffer the water body from adjacent forestry activities;

(8) Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

(a) Minimize changes to surface and ground water hydrology;

(b) Minimize changes to temperature and other existing surface water quality and conditions;

(c) Prevent unnecessary soil erosion, siltation and sedimentation; and

(d) Minimize unnecessary disturbances to aquatic and forest habitats.

(9) The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

(a) In areas with slopes of greater than ten percent (10%), an undisturbed buffer strip of at least twenty-five (25) feet in width shall be maintained along roads during site preparation to catch soil particles;

(b) Herbicide treatments shall be permitted, provided that:

[1] The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection B(2)(j) above;

[2] Control of competitive plant species is clearly necessary;

[3] Control of competitive plant species by other, nonchemical means is not practical;

[4] All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant State and Federal requirements; and

[5] In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;

(c) Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;

(d) Disking shall be permitted, provided that:

[1] It shall not be permitted in Pine Plains Native Forest Types;

[2] Disking shall only be permitted in Pine-Shrub Oak Native Forest Types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

[a] Disking may occur one (1) time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one (1) time during the second year of the grown of the stand only in areas where pine seedling establishment has not successfully occurred; and

[b] Only single-pass disking, which penetrates the soil no deeper than six (6) inches, shall be permitted.

[3] It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[4] It shall follow land contours when slopes are discernible;

(e) Root raking shall be permitted, provided that:

[1] It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;

[2] When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3] Root raking debris shall not be piled in wetlands;

(f) Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and

(g) Drum chopping shall be permitted, provided that:

[1] It shall not be permitted in Pine Plains Native Forest Types except to create road shoulder fuelbreaks, which shall be limited to twenty-five (25) feet in width, or to create scattered early successional habitats under two (2) acres in size;

[2] It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3] It shall adhere to the following procedures:

[a] No more than two (2) passes shall be permitted except to create scattered early successional habitats under two (2) acres in size;

[b] Drums shall remain unfilled when used during the dormant season;

[c] Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

[d] Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

[e] Avoid short-radius, 180-degree turns at the end of each straight pass.

(10) The following standards shall apply to silvicultural practices for harvesting:

(a) Clearcutting shall be permitted, provided that:

[1] It shall not be permitted in Pine Plains Native Forest Types;

[2] It shall be limited to three hundred (300) acres or five percent (5%) of a parcel, whichever is greater, during any permit period;

[3] A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;

[4] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger clearcut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two (2) 25-acre harvests shall be fifty (50) feet in width and, for a larger harvest, shall increase in width by one (1) foot for each acre of that harvest above twenty-five (25), to a maximum of three hundred (300) feet in width;

[5] Where present on a parcel, a minimum of eighteen (18) dead snags per acre of at least ten (10) inches diameter breast height (DBH) and six (6) feet in height shall be left on the parcel for a minimum of five (5) years; and

[6] The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak in which case straight edges may be used;

(b) Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:

[1] It shall be limited five hundred (500) acres in size or ten percent (10%) of a parcel, whichever is greater, during any permit period;

[2] A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

[3] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger coppice cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two (2) 25-acre harvests shall be fifty (50) feet in width and, for a larger harvest, shall increase in width by one (1) foot for each acre of that harvest above twenty-five (25), to a maximum of three hundred (300) feet in width;

[4] Where present on a parcel, a minimum of eighteen (18) dead snags per acre of at least ten (10) inches DBH and six (6) feet in height shall be left on the parcel for a minimum of five (5) years; and

[5] The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;

(c) Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:

[1] It shall be limited to five hundred (500) acres in size or ten percent (10%) of a parcel, whichever is greater, during any permit period;

[2] A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

[3] A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger seed tree cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two (2) 25-acre harvests shall be fifty (50) feet in width and, for a larger harvest, shall increase in width by one (1) foot for each acre of that harvest above twenty-five (25), to a maximum of three hundred (300) feet in width;

[4] Where present on a parcel, a minimum of eighteen (18) dead snags per acre of at least ten (10) inches DBH and six (6) feet in height shall be left on the parcel for a minimum of five (5) years;

[5] The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;

[6] Dominant residual seed trees shall be retained at a distribution of at least seven (7) trees per acre; and

[7] Residual seed trees shall be distributed evenly throughout the parcel; and

(d) Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.

(11) The following standards shall apply to silvicultural practices for forest regeneration:

(a) Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection (11)(b) below; and

(b) Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:

[1] The use of non-native cuttings, seedlings or seeds shall not be permitted;

[2] The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

[3] Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

[4] When used in Pine Plains Native Forest Types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

(12) Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

(13) Thinning shall be permitted in all Pinelands Native Forest Types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

(14) A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

D. Forestry permit procedures.

(1) Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of twenty-five dollars ($25.).

(2) Within fourteen (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 fourteen (14) days, the application shall be considered to be complete as of the fifteenth (15th) day following its submission.

(3) Within forty-five (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 thirty (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 fourteen (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 Subsections 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 Sections 40-41 and 40-42.

(7) Forestry permits shall be valid for a period of ten (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 a sum of two hundred fifty dollars ($250.) which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten (10) 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 seventy-two (72) hours' written notice of the intention to begin harvesting operations.

§ 296-75 Historical, archaeological and cultural resources.

[Amended 5-24-89 by Ord. No. 0-27-89]

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 Township Committee 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 certificates of appropriateness.

(1) The Planning Board shall issue all certificates of appropriateness except as specified in paragraph (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 township 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 § 40-38 of this Code where a significant resource has been identified pursuant to Subsection E (2) 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 development in the PR-6, PR-3 and PI-2 Districts and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the 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 2-25-97 by Ord. No. 0-2-97; 3-26-02 by Ord. No. 0-6-02]

(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 paragraph (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 (1) 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 paragraph (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 (2) years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two (2) 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 2-25-97 by Ord. No. 0-2-97]

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, Historic and Archaeological Date: Procedures for Notification, Reporting, and Data Recovery" (36 C.F.R. 66)

§ 296-76 Housing opportunities.

A. In accordance with the housing element of the Master Plan for the Pinelands Area of the township, to the extent practicable, at least nine percent (9%) of all new housing constructed within those areas of the township zoned in the PR-3 Medium-Density and PR-4 High-Density Residential Zoning Districts shall be affordable by households of low-, moderate- and middle-incomes, on the basis of three percent (3%) for each income range. The standards for determining said affordable housing and distribution of the income ranges shall be as defined in Section 6-1303 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.122).

B. The Planning Board shall apply this standard as part of its review of development applications.

C. Minimum standards.

[Added 2-23-83 by Ord. No. 0-2-83]

(1) All development shall meet the following minimum standards:

(a) In developments involving twenty-five (25) to ninety-nine (99) dwelling units, at least nine percent (9%) of the dwelling units proposed for development shall be affordable to low- moderate- and middle-income households, provided that at least four-fifths (4/5) of the required low- moderate and middle-income housing units are affordable to low- and moderate-income households.

(b) In developments of one hundred (100) or more dwelling units, nine percent (9%) of the dwelling units shall be affordable to low-, moderate- and middle-income households as follows:

[1] At least three percent (3%) of the dwelling units shall be affordable to low-income households.

[2] At least three percent (3%) of the dwelling units shall be affordable to moderate-income households.

[3] At least three percent (3%) of the dwelling units shall be affordable to middle-income households.

(c) All required low-, moderate- and middle-income housing units shall be compatible with the nonrequired housing unit and uses in the vicinity of the proposed development.

(d) Required low-, moderate-, and middle-income housing units shall be constructed at the same rate as nonrequired housing.

(e) Deed restrictions or other legally enforceable provisions ensuring the availability of required housing for low-, moderate-, and middle-income households shall be provided for a period of at least thirty (30) years from the date of initial occupancy.

(2) If an applicant can demonstrate that dwelling units required under this section cannot be provided, the applicant may satisfy the housing requirements of this section by dedication of land suitable for development of an equivalent number of required housing units, by payment in lieu thereof to a qualified public housing agency or other alternative actions which meet the intent of this section.

§ 296-77 Off-street parking and loading.

A. Off-street parking requirements for residential uses:

(1) A garage, carport or area for the storage of at least two (2) cars shall be provided per single-family and two-family detached dwelling unit and also for townhouses.

(2) A garage, carport or area for the storage of at least one and one-half (1-1/2) cars shall be provided for garden apartments or any type of multifamily housing.

(3) Additional parking facilities may be provided where required because of the type or size of the dwelling unit or its location in relation to surrounding areas.

B. Off-street parking requirements for nonresidential uses. Nonresidential uses shall meet the following minimum parking requirements:

(1) Bowling alleys: six (6) parking spaces for each alley.

(2) Churches: one (1) parking space for each four (4) permanent seats. When individual seats are not provided, each twenty (20) inches of bench shall be considered one (1) seat.

(3) Community buildings, country clubs, social halls, lodges, fraternal organizations and similar uses: one (1) for each two hundred (200) square feet of floor area occupied by all principal and accessory structures.

(4) Doctors (in other than office buildings): six (6) spaces for patients' use for each doctor's office.

(5) Dentists (in other than office buildings): five (5) spaces for patients' use for each dentist's office.

(6) Motels and rooming houses: one (1) for each rentable unit.

(7) Funeral homes and mortuaries: fifteen (15) parking spaces for visitors.

(8) Hospital, nursing and convalescent homes: one (1) each for each three (3) beds.

(9) Hotels: one (1) for each rentable unit.

(10) Manufacturing, industrial and general commercial uses not otherwise specified herein: one (1) for each one thousand (1,000) square feet of floor area, plus one (1) for each three (3) employees in the maximum working shift.

(11) Offices: one (1) space for every four hundred (400) square feet of rentable floor area.

(12) Restaurants, bars and nightclubs: one (1) for each three (3) seats.

(13) Retail stores, store groups, shops, etc.: one (1) for each two hundred fifty (250) square feet of floor area.

(14) Schools, elementary and junior high schools: one (1) parking space for every fifteen (15) classroom seats.

(15) Wholesale establishments or warehouses: one (1) for each two (2) employees in maximum shift. The total parking area shall be not less than twenty-five percent (25%) of the building floor area.

(16) All other land uses: Off-street parking and loading spaces for all land uses not herein specified shall be in accord with probable estimates of need determined by the Township Committee after consultation with the proposed land user and the Township Engineer.

C. Size, access and location.

(1) Each off-street parking space shall have an area of not less than two hundred (200) square feet, exclusive of access drives or aisles, and shall be of usable shape and condition.

(2) In parking lots containing more than ten (10) spaces, a minimum of one (1) space shall be a minimum of twelve (12) feet wide. For parking lots with twenty (20) or more spaces, a minimum of five percent (5%) of all spaces shall be twelve (12) feet wide. These wider spaces shall be located in one (1) area and designated as parking for the handicapped; and these spaces shall be located so that access does not require wheeling or walking behind parked cars.

(3) No access drive or driveway shall be located in any residential area to provide access to uses other than those permitted in such residential areas.

(4) Off-street parking for all uses shall not be located between the front building line and the right-of-way line, except if environmental constraints and lot configuration so require to meet the minimum parking requirements for the proposed use.

[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]

D. Landscaping and buffers.

(1) For all nonresidential uses, apartments or other multifamily residential uses, lands between the parking area and building shall be landscaped with trees, shrubs and ground cover to the maximum extent possible.

(2) Parking and loading areas for commercial and industrial uses shall be buffered by landscaping and/or fencing from adjoining streets, existing residential uses or any residential zoning district.

(3) Trees planted within parking areas shall be staggered or spaced so as not to interfere with driver vision, shall have branches no lower than six (6) feet and shall be placed at the rate of at least one (1) tree for every ten (10) parking spaces.

(4) Landscaping in parking and loading areas shall be shown on a landscaping plan, and all landscaping shall meet the requirements of the vegetation and landscaping standards under Article XV of this chapter.

E. Other improvements to parking and loading areas.

(1) Surfacing. Any off-street parking of five (5) or more vehicles or off-street loading area shall be surfaced with an asphaltic or portland cement pavement or similar durable and dustless surface, subject to approval of the Township Engineer. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

(2) Lighting. Any lighting used to illuminate any off-street parking or loading area shall be so arranged as to reflect the light away from adjoining premises. Off-street parking facilities for multifamily structures containing four (4) or more families shall be adequately lighted.

(3) Drainage. Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses.

F. Off-street loading. In connection with every building or building group erected which is to be occupied by manufacturing or commercial uses which will require the distribution by vehicles of material or merchandise, there shall be provided and maintained on the same lot with such building off-street loading berths in accordance with the following requirements:

(1) Size and location. Each loading space shall be not less than ten (10) feet in width, thirty-five (35) feet in length, have a minimum clearance of fourteen (14) feet and may occupy all or any part of any required yard.

(2) The amount of space devoted to off-street loading shall be determined according to the following schedule:

Use	Total Floor Area (square feet)	Number of Off- Street Loading Berths
Schools	13,000 or more	1
Hospitals (excluding space for ambulances)	From 10,000 to 30,000 For each additional 30,000 or major fraction thereof	1 1 additional
Undertakers and funeral parlors	5,000 For each additional 5,000 or major fraction thereof	1 1 additional
Offices, hotels	From 10,000 to 25,000	1
Retail, commercial	From 25,000 to 40,000	2
Wholesale	From 40,000 to 60,000	3
Manufacturing and storage	From 60,000 to 100,000 For each additional 50,000 or major fraction thereof.	4 1 additional

(3) No off-street loading area or part thereof shall be closer than one hundred (100) feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot.

§ 296-78 Recreation.

[Amended 5-24-89 by Ord. No. 0-27-89]

All recreation areas and facilities in the Pinelands Area of the township shall be designed in accordance with N.J.A.C. 7:50-6.143 (a) 2 and 6.144 (a) 1-3 and with the New Jersey Department of Environmental Protection's publication, Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities.

§ 296-78.1 Open space recreational areas and facilities.

[Added 10-27-2009 by Ord. No. O-2009-033]

A. Purpose. The Pinelands are an important recreational resource. It is the purpose of this section to protect those natural resources necessary for compatible recreational uses, promote diverse recreational opportunities in a manner that minimizes land use conflicts, promote the location of low intensity recreational uses in undeveloped areas, and promote intensive recreational uses in developed area.

B. Open Space. The following shall be the minimum open space requirements for uses permitted in the Pinelands area residential zones:

(1) Single-family detached (septic): ten percent (10%) of the total tract.

(2) Single-family detached (sewer): fifteen percent (15%) of the total tract.

(3) Single-family attached: twenty percent (20%) of the total tract.

(4) Multifamily residential: twenty-five percent (25%) of the total tract.

Open space provided for pursuant to this section shall thereafter be used for passive recreation, unless the township elects to construct active recreation facilities thereon at the township's expense.

C. Active recreation requirements.

(1) In addition to the open space requirements set forth in Subsection B. above, the following shall be the minimum active recreation requirements for the Pinelands area residential zones, based on the number of approved units:

(a) All residential development of fifty (50) units or more shall provide recreational land in accordance with paragraph (b) below. Recreational facilities in accordance with the following schedule shall also be provided to the extent recreational needs are generated by the proposed development. An analysis of the recreational needs of a proposed development within a specified service area around the development shall be conducted by comparing the following schedule of facility standards with existing recreational facilities within the service area and the projected population of the service area:

Recreational Facility Guidelines
	Recreational Population	Minimum Facility Space Standards	Recreational Service Area Radius
Basketball courts	1 per 1,000	Court dimensions range 60 feet x 80 feet x 70 feet x 104 feet	1/2 mile
Tennis courts	1 per 2,000	Court dimensions range from 60 feet x 120 feet—single court 45 feet x 120 feet additional adjoining courts	1 mile
Multi-purpose	1 per 2,000	.50 acre (including basketball and tennis courts)	1/2 mile
Passive area (siting)	1 per 2,000	.50 acre	1/2 mile
Senior citizen (bocce, shuffle-board, horseshoe)	1 per 1,000 over 55	.50 acre whichever is greater	1/4 mile
Pre-school playground	1 per 2,000	.25 acre	1/4 mile
Advanced playground	1 per 2,000	.25 acre	1/2 mile
Multi-purpose turf area	1 per 2,000	.50 acre	1 mile
Football/ soccer fields	1 per 10,000	Field dimensions 140 feet x 280 feet—youth; 190 feet x 420 feet—adult	1 mile
Baseball—regulation 90-foot diamond	1 per 6,000	2.8 acres 325-foot outfield	1 mile
Baseball—youth	1 per 6,000	1.0 acre 200-foot outfield	1 mile
Softball 60-foot diamond
Picnic area	1 per 6,000	8-foot tables	1 mile

(b) Twenty-five (25) to forty-nine (49) units:

[1] Each (8) acres of land to be used for recreational purposes for every one thousand (1,000) projected residents of the development, or a prorated acreage if less than one thousand (1,000) projected residents; provided, however, that such acreage shall not be required to exceed ten percent (10%) of the total acreage of the proposed development.

[2] Land provided in accordance with Section 296-78.1C(1)(b)[1] shall be provided in a single area or in individual parcels at least one (1) acre in size;

[3] All residential units for which the recreational land is provided in accordance with Section 296-78.1C(1)(b)[1] shall be located within one-quarter (1/4) mile of such recreational land; and

[4] At least fifty percent (50%) of the recreational land provided in accordance with Section 296-78.1C(1)(b)[1] shall be turfed or landscaped with otherwise suitable materials to permit informal recreational activities.

(c) Less than twenty-five (25) units: cash contribution in accordance with Section 296-78.1E below

(2) All active recreation constructed shall be dedicated to a homeowners' association unless the township specifically agrees to accept dedication pursuant to the developer's request.

D. Design. All recreation areas or facilities shall be designed in accordance with § 296-78 of this Article.[1]

[1] Editor's Note: Former Subsection E, Contribution in lieu of construction of active recreation, which immediately followed this subsection, was repealed 10-12-2021 by Ord. No. O-2021-023 and 3-8-2022 by Ord. No. O-2022-004.

§ 296-79 Scenic corridor management.

A. Scenic corridors. Within the Pinelands Area of the township, except for those roads which provide for internal circulation within residentially developed areas, all public paved roads within the PP, PRC, PR-1, PR-5, PC-4 and PI-3 Districts shall be considered scenic corridors.

[Amended 2-23-83 by Ord. No. 0-2-83; 5-24-89 by Ord. No. 0-27-89; 7-20-93 by Ord. No. 0-20-93; 3-26-02 by Ord. No. 0-6-02]

B. Setbacks and screening requirements for scenic corridors.

(1) No building, other than buildings for agricultural product sales establishments, shall be located within two hundred (200) feet from the center line of a scenic corridor unless environmental or other physical considerations make it impractical to do so, in which case the building shall be set back as close to two hundred (200) feet as is practicable, and the site shall be landscaped so as to provide screening from the corridor.

(2) If it is determined by the applicant that existing development patterns of the corridor are such that existing buildings within one thousand (1,000) feet of the site proposed for development are set back less than two hundred (200) feet, then a lesser setback consistent with existing patterns may be approved, and the site shall be landscaped so as to provide screening from the corridor.

(3) Notwithstanding the provisions above for setbacks and screening, all structures proposed to be built within one thousand (1,000) feet of the center line of the Great Egg Harbor River, downstream from where it is crossed by Route 536, shall be designed to avoid visual impacts as viewed from the river.

(4) The requirements of Subsections B(1) and (2) above shall not apply to residential cluster developments which comply with the standards of Section 296-65.1.

[Added 7-19-11 by Ord. No. O-2011-017]

C. Motor vehicle screening and storage. No more than ten (10) automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

[Added 5-24-89 by Ord. No. 0-27-89]

D. Location of utilities.

[Added 5-24-89 by Ord. No. 0-27-89]

(1) New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located or adjacent to active agricultural operations.

(2) All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.

(3) Above-ground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 296-82.

§ 296-80 Signs.

[Amended 3-22-1989 by Ord. No. O-13-89; 3-22-1989 by Ord. No. O-19-89; 8-23-1989 by Ord. No. O-37-89; 8-23-1989 by Ord. No. O-41-89; 2-25-1997 by Ord. No. O-2-97; 3-26-2002 by Ord. No. O-6-02; 3-8-2022 by Ord. No. O-2022-005; 4-11-2023 by Ord. No. O-2023-012]

The provisions of Section Article XVI, § 294-129, entitled "Signs" of the Township Code are hereby incorporated by reference and shall apply to Pinelands Areas within Winslow Township.

§ 296-81 Stormwater and water management.

A. Stormwater management plans, as are necessary to accommodate surface water runoff resulting from development in the Pinelands Area of the Township, shall comply with the standards of Chapter 298, Stormwater Control Within Pinelands Area.

[Amended 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97; 11-20-18 by Ord. No. O-2018-024; 4-11-2023 by Ord. No. O-2023-013]

B. Water management.

[Amended 8-20-2024 by Ord. No. O-2024-021]

(1) Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

(2) A diversion within the Pinelands Area portion of Winslow Township 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 B(2)(a) and (b) below, or outside of either basin, shall be prohibited.

(a) The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.

(b) The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.

(3) A diversion within the Pinelands Area portion of Winslow Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin, as defined at Subsection B(2)(a) and (b) 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 B(4) below.

(4) Within the Pinelands Area portion of Winslow Township 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 B(4)(c) through (f) 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.

(a) When evaluating whether the proposed diversion meets the criteria set forth at Subsection B(4)(c) through (f) below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.

(b) The standards set forth at Subsection B(4)(c) through (f) below shall not apply to:

[1] 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:

[a] Be approximately the same depth as the existing well;

[b] Divert from the same aquifer as the existing well;

[c] Have the same or lesser pump capacity as the existing well; and

[d] Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

[2] Any proposed diversion that is exclusively for agricultural or horticultural use; or

[3] 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 water body or otherwise results in off-site flow, and the diversion and return are located on the same parcel.

(c) A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; Rural Development Area; Agricultural Production Area; and the Pinelands Villages of Blue Anchor, Elm, Tansboro, Waterford Works, and Winslow.

(d) 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/.

(e) 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.

(f) 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.

§ 296-82 Vegetation and landscaping.

[Amended 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97]

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 Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

§ 296-83 Stormwater impact reduction.

[Added 3-26-2002 by Ord. No. 0-6-02]

A. All development in the PC-1, PC-2, PC -3, PC-4, PI-1, PI-2 and PI-3 Districts shall be designed with the minimum number of road cuts for egress.

[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]

B. All development in the PC-1, PC-2, PC-3, PC-4, PI-1, PI-2 and PI-3 Districts shall be designed without internal service roads.

[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]

C. All development in the PC-1, PC-2, PC-3, PC-4, PI-1, PI-2 and PI-3 Districts shall enclose any salt stored on any lot in a roofed structure.

[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]

D. Any development(s) in the PR-1, PR-2, PR-3 and PR-5 districts which seek to utilize clustered residential development shall be subject to the applicable zoning requirements and design standards of the underlying PR-1, PR-2, PR-3 or PR-5 district, as applicable.

[Amended 11-25-03 by Ord. No. 0-36-03]

§ 296-84 Water quality.

[Amended 3-26-02 by Ord. No. 0-6-02]

A. All development permitted under this chapter shall be designed and carried out so that the quality of surface and ground water shall be protected, and no development shall be permitted which degrades surface and ground water quality or which establishes new point sources of pollution. All development shall meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

[Amended 5-24-89 by Ord. No. 0-27-89]

B. The following point and non-point sources may be developed and operated in the Pinelands:

[Amended 5-24-89 by Ord. No. 0-27-89]

(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 non-point sources, except those specifically regulated in Subsections (2) through (3) below, provided that:

[Amended 2-25-97 by Ord. No. 0-2-97]

(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 ground water exiting from the parcel of land or entering a surface body of water will not exceed two (2) parts per million nitrate/nitrogen;

[Amended 2-25-97 by Ord. No. 0-2-97]

(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 ground water.

(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 paragraph (1)(b) above provided that:

[Amended 3-22-89 by Ord. No. 0-19-89]

(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 paragraph (1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

[Amended 2-25-97 by Ord. No. 0-2-97]

(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 ground water exiting from the parcel or entering a surface body of water exceed five (5) parts per million nitrate/ nitrogen.

[Amended 2-25-97 by Ord. No. 0-2-97]

(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 paragraph (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 (2) parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two (2) parts per million, the discharge shall not exceed two (2) parts per million nitrate/nitrogen.

C. Use of the following substances is prohibited in the township 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:

(1) Septic tank cleaners.

(2) Waste oil.

D. No person shall apply any herbicide to any road or public utility right-of-way within the township unless necessary to protect an adjacent agricultural activity.

E. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

[Amended 2-25-97 by Ord. No. 0-2-97]

F. All storage facilities for deicing chemicals shall be lined to prevent leakage into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

G. The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.

[Added 5-24-89 by Ord. No. 0-27-89]

§ 296-84.1 Ground water withdrawal and zoning density.

[Added 11-19-2002 by Ord. No. 0-27-02]

A. Purpose. Ground water withdrawal associated with development in Winslow Township's Pinelands Regional Growth Area has the potential for greatly impacting water quality in the Kirkwood-Cohansey acquifer, base stream flows in the tributaries of the Mullica River, wetlands in the Mullica River Basin and the integrity of Wharton State Forest. It is therefore critical to guard against overdevelopment of ground water supplies within this area and ensure that the net rate of increase in ground water withdrawal will not result in a build-out demand that exceeds the withdrawal capacity of the Regional Growth Area. In order to do so, monitoring reports shall be submitted by the township to the Pinelands Commission no later than September 1 of each calendar year. Such reports shall include the following information:

(1) Public water use within the Regional Growth Area;

(2) Metered sewage use within the Regional Growth Area;

(3) For each development application approved by the Township in the Regional Growth Area;

(a) A description of the use, including type of use, square footage and parcel size;

(b) An estimate of water use;

(c) A measurement of actual water use, if and when available;

(d) The source of water to be used;

(e) Expected water use; and

(f) The status of construction.

(4) The amount of vacant land in each zone in the Regional Growth Area which has been developed, expressed both in acres and as a percentage of the total amount of vacant land in the Regional Growth Area;

(5) The percent of total water allocation utilized; and

(6) An analysis of any differences between expected and actual water use which the information in the A(1) through (5) above identifies.[1]

[1] Editor's Note: Former Subsections B through F, regarding increases in nonresidential floor area ratios and discharges of sewer systems, which immediately followed this subsection, were repealed 10-12-2021 by Ord. No. O-2021-023 and 3-8-2022 by Ord. No. O-2022-004.

§ 296-85 Wetlands.

[Amended 3-26-02 by Ord. No. 0-6-02]

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

WETLANDS

Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" include lands with poorly drained soils, as designated by the Soil Conservation Service, or soils of drainage Class 1. "Wetlands" include coastal wetlands and inland wetlands, including submerged lands. Inland wetlands include, but are not limited to: Atlantic white cedar swamps, hardwood swamps, pitch pine lowlands, bogs, inland marshes, lakes and ponds and rivers and streams. Wetlands for a particular parcel in the Pinelands Area of the township can be delineated by the outermost extent of either the lowland vegetation types or the wet soils.

B. Uses permitted in wetlands. No development in the Pinelands Area of the township shall be permitted in wetlands or wetlands transition areas except for the following uses:

[Amended 7-20-93 by Ord. No. 0-20-93]

(1) Horticulture of native Pinelands species.

(2) Berry agriculture.

(3) Beekeeping.

(4) Forestry.

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

[Amended 7-19-11 by Ord. No. O-2011-017]

(6) 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 § 296-84 C below.

[Amended 5-24-89 by Ord. No. 0-27-89]

(7) Private docks, piers, moorings and boat launches.

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

[Amended 5-24-89 by Ord. No. 0-27-89; 7-20-93 by Ord. No. 0-20-93]

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

(b) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

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

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

(e) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

C. Performance standards. No development in the Pinelands Area of the township shall be carried out in a wetland or within three hundred (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 or animals in one (1) or more of the following ways:

[Amended 3-22-89 by Ord. No. 0-19-89]

(1) An increase in surface water runoff discharging into a wetland.

(2) A change in the normal seasonal flow patterns in the wetland.

(3) An alteration of the water table in the wetland.

(4) An increase in erosion resulting in increased sedimentation in the wetland.

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

(6) A loss of wetland habitat.

(7) A reduction in wetland habitat diversion.

(8) A change in wetland species composition.

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

D. Determinations under Subsection C. above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

[Added 5-24-89 by Ord. No. 0-27-89]