[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.
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:
[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]
[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.
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.
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:
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.
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.
[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
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:
(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.
(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.
[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.
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
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)
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.
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.
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.
[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.
[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.
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.
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.
[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]
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.
(b)
[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:
[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.
[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:
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.
[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]
[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.
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]
[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;
(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.
[Amended 3-26-02 by Ord. No. 0-6-02]
A.
WETLANDS
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
