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DIVISION 1: PINELANDS — WEST OF PARKWAY
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[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 12-16-1996 by Ord. No. 1996-60 §§ 36—41]
A.
General.
(1)
All development permitted under this chapter shall be designed and
carried out so that the quality of surface and ground water will be
protected and maintained.
(2)
Except as specifically authorized in this section, no development
which degrades surface or ground water quality or which established
new point sources of pollution shall be permitted.
(3)
No development shall be permitted which does not meet the minimum
water quality and potable water standards of the State of New Jersey
or the United States.
B.
The following point and non-point sources may be developed and operated
in the Pinelands:
(1)
Development of new or expansion of existing commercial, industrial,
and waste water treatment facilities, or the development of new or
the expansion of existing non-point sources, except those specifically
regulated in Paragraphs (2) through (6) below, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and
quantity such that groundwater exiting from the parcel of land or
entering a surface body of water will not exceed two parts per million
nitrate/nitrogen;
(c)
All public waste water treatment facilities are designed to
accept and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined
to prevent leakage into groundwater.
(2)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from
existing residential, commercial, and industrial development;
(c)
Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines
but in no case shall groundwater exiting from the parcel or entering
a surface body of water exceed five parts per million nitrate/nitrogen.
(3)
Improvements to existing commercial, industrial, and wastewater treatment
facilities which discharge directly into surface waters, provided
that:
(a)
There is no practical alternative available that would adhere
to the standards of Paragraph B(1)(a) above;
(b)
There is no increase in the existing approved capacity of the
facility; and
(c)
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
(4)
Individual on-site septic waste water treatment systems which are
not intended to reduce the level of nitrate/nitrogen in the waste
water, provided that:
(a)
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Paragraph (4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to § 55-41A or 55-42A(2).
[Amended 7-16-01 by Ord. No. 2001-29]
(c)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with
the requirements of N.J.A.C. 7:50-6.85;
(g)
The technology to be used has been approved by the New Jersey
Department of Environmental Protection; and
(h)
Flow valves for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C.
7:14A-23.3(a) shall be used in calculating flow.
(5)
Individual on-site septic wastewater treatment systems which are
intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
(a)
The standards set forth in Paragraphs (4)(a) and (4)(c) through
(h) above are met;
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Paragraph (4)(c) below and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 55-41A or 55-42A(2).
[Amended 7-16-01 by Ord. No. 2001-29]
(6)
Surface water runoff, provided that:
(a)
The total runoff generated from any net increase impervious
surfaces by a ten-year storm of a twenty-four-hour duration shall
be retained and infiltrated on site. Runoff volumes shall be calculated
in accordance with the United States Soil Conservation Service Technical
Release No. 55 or the S.C.S. National Engineering Handbook, Section
4;
(b)
The rates of runoff generated from the parcel by a two-year,
ten-year and 100-year storm, each of a twenty-four-hour duration,
shall not increase as a result of the proposed development. Runoff
rates shall be calculated in accordance with the United States Soil
Conservation Service Technical Release No. 55 or the S.C.S. National
Engineering Handbook, Section 4;
(c)
Surface water runoff shall be directed in such a way as to increase
the volume and rate of discharge into any surface water body from
that which existed prior to development of the parcel;
(d)
Excessively and somewhat excessively drained soils, as defined
by the Soil Conservation Service, should be avoided for recharge of
runoff wherever practical;
(e)
A minimum separation of two feet between the elevation of the
lowest point of the bottom of the infiltration or detention facility
and the seasonal high water table is met, or a lesser separation when
it is demonstrated that the separation, either due to soil conditions
or when considered in combination with other stormwater management
techniques, is adequate to protect ground water quality; and
(f)
A four-year maintenance guarantee is provided for the entire
stormwater management system by the applicant. In addition, the applicant
shall fund or otherwise guarantee an inspection and maintenance program
for a period of no less than 10 years. The program shall identify
the entity charged with responsibility for annual inspections and
the completion of any necessary maintenance and the method to finance
the program.
(7)
Alternate design pilot program treatment systems, provided that:
[Added 10-6-03 by Ord. No. 2003-33]
(a)
The proposed development to be served by the system is residential
and is otherwise permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size
of the entire contiguous parcel on which the system or systems is
located, will ensure that groundwater exiting from the entire contiguous
parcel or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen, calculated pursuant to the Pinelands
dilution model dated December, 1993, as amended, subject to the provisions
of Subsection 7(c) below. The entire contiguous parcel may include
any contiguous lands to be dedicated as open space as part of the
proposed development but may not include previously dedicated road
rights-of-way or any contiguous lands that have been deed restricted
pursuant to § 55-9E or 55-10A(3);
(c)
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
No more than 10 alternate design pilot program treatment systems
utilizing the same technology shall be installed in the development
of any parcel if those systems are each serving one single-family
dwelling;
(g)
Each system shall be equipped with automatic dialing capability
to the manufacturer, or its agent, in the event of a mechanical malfunction;
(h)
Each system shall be designed and constructed so that samples
of effluent leaving the alternate design pilot program septic system
can be readily taken to confirm the performance of the technology;
(i)
The manufacturer or its agent shall provide to each owner an
operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by a five-year warranty and a minimum
five-year maintenance contract consistent with those approved pursuant
to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable
and which includes a provision requiring that the manufacturer or
its agent inspect the system at least once a year and undertake any
maintenance or repairs determined to be necessary during any such
inspection or as a result of observations made at any other time;
and
[Amended 3-5-2019 by Ord.
No. 2019-4]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(7)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 3-5-2019 by Ord.
No. 2019-4[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Subsection B(7)(l), regarding installation after August
2007, which immediately followed.
C.
Maintenance of On-Site Wastewater Disposal Systems and Petroleum
Tanks.
(1)
When adequate septage treatment facilities are available to residents
of the Pinelands Area within Barnegat Township, the owner of every
on-site septic wastewater treatment facility in the Pinelands Area
shall:
(a)
Have the facility inspected by a technician at least once every
three (3) years.
(b)
Have the facility cleaned at least once every three (3) years.
(c)
Once every three (3) years submit to the Township Health Department
a sworn statement that the facility has been inspected, cleaned and
is functional, setting forth the name of the person who performed
the inspection and cleaning and the date of such inspection.
(2)
The owners of commercial petroleum storage tanks shall comply with
the requirements of Chapter 102 of the Laws of 1986.
D.
Regulation of Chemicals.
(2)
All storage facilities for deicing chemicals shall be lined to prevent
leaking into the soil, and shall be covered with an impermeable surface
which shields the facility from precipitation.
(3)
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.
E.
Water Management. Interbasin transfer of water between watersheds
in the Pinelands should be avoided to the maximum extent practical.
Water shall not be exported from the Pinelands except as otherwise
provided in N.J.S.A. 58:1A-7.1. In areas served by central sewers,
water-saving devices such as water-saving toilets, showers and sink
faucets shall be installed in all new developments.
[Amended 6-5-89 by Ord. No. 1989-14; 12-16-1996 by Ord.
No. 1996-60 § 42]
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 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.
Forestry Application Requirements. The information in paragraphs
(1) or (2) below shall be submitted to the Township Zoning Officer
prior to the issuance of any forestry permit:
[Amended 7-16-01 by Ord. No. 2011-14; 9-6-11 by Ord. No. 2011-14]
(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-term (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 paragraph (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 necessarily 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 §§ 55-295E and 55-299B(1);
(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 § 55-301;
(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 paragraph 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 9-6-11 by Ord. No. 2011-14]
(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)
Clear-cutting 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 §§ 55-295E and 55-299B(1). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix 1 - 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 § 55-301;
(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 Zoning Officer pursuant to paragraph 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 growth 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)
Clear-cutting 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 clear-cut
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
clear-cut from other 25-acre or larger clear-cut, 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 clear-cut shall have contoured
edges unless the boundary of the clear-cut 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 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 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 clear-cut, 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 clear-cut, 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 paragraph (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, seed-lings 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
($25.00) dollars.
(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 paragraph 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 paragraph C above or disapprove any application
which does not meet the requirements of paragraph 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 paragraph 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
paragraph C above and shall, within fourteen (14) days of receipt
of the revised application, issue a forestry permit or disapprove
the application pursuant to paragraph D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed
in paragraphs 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 § 55-277.
(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 section
and the Pinelands Comprehensive Management Plan are met.
E.
Administrative Fees. Upon the issuance of a forestry permit pursuant
to paragraph D(3) above, the applicant shall be required to pay a
sum of two hundred fifty ($250.00) dollars which shall serve as a
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.
[Amended 7-16-01 by Ord. No. 2001-29]
F.
Notification of Harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer within seventy-two (72)
hours written notice of the intention to begin harvesting operations.
[Amended 6-5-89 by Ord. No. 1989-14; 8-2-93 by Ord. No. 1993-29]
Resource extraction activities permitted in the Pinelands Area under this chapter shall be subject to the following application requirements and standards, in addition to the requirements of Chapter 65A. Where the standards differ, the stricter regulations shall apply. Except as otherwise authorized in this chapter the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.
A.
Application Requirements. Any application filed for approval of resource
extraction operations in the Pinelands shall include at least the
following information:
(1)
The applicant's name and address and his interest in the subject
property;
(2)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation and street
address, if any, of the subject property;
(4)
A description of all existing uses of the subject property;
(5)
A brief written statement generally describing the proposed development;
(6)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject property and
the Pinelands management area designation and zoning designation are
shown;
(7)
A topographic map at a scale of one (1) inch equals two hundred (200)
feet, showing the proposed dimensions, location and operations on
the subject property;
(8)
The location, size and intended use of all buildings;
(9)
The location of all points of ingress and egress;
(10)
A location map, including the area extending at least three
hundred (300) feet beyond each boundary of the subject property, showing
all streams, wetlands and significant vegetation, forest associations
and wildlife habitats;
(11)
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
(12)
A soils map;
(13)
A reclamation plan which includes;
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application including method and rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule;
(14)
A signed acknowledgment from both the owner and the applicant
that they are responsible for any resource extraction activities which
are contrary to any provision of this chapter or of the approved resource
extraction plan done by any agent, employee, contractor, subcontractor
or any other person authorized to be on the parcel by either the owner
or the applicant;
(15)
A financial surety, guaranteeing performance of the requirements
of N.J.A.C. 7:50-6.68 and 7:50-6.69 in the form of a letter of credit,
certified check, surety bond or other recognized form of financial
surety acceptable to the Pinelands Commission. The financial surety
shall be equal to the cost of restoration of the area to be excavated
during the three (3) year duration of any approval which is granted.
The financial surety, which shall name the Commission and the Township
of Barnegat as the obligee, shall be posted by the property owner
or his agent with the Township of Barnegat;
(16)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
B.
Resource Extraction Standards. Resource extraction operations shall
be approved only if the applicant can demonstrate that the proposed
operation:
(1)
Is designed so that no area of excavation, sedimentation pond, storage
area equipment or machinery or other structure or facility is closer
than:
(2)
Is to be located on a parcel of land of at least twenty (20) acres.
(3)
Provides that all topsoil that is necessary for restoration will
be stored on the site and will be protected from wind or water erosion.
(4)
Is fenced or blocked so as to prevent unauthorized entry into the
resource extraction operation through access roads.
(5)
Provides ingress and egress to the resource extraction operation
from public roads by way of gravel or porous paved roadways.
(6)
Is designed so that surface runoff will be maintained on the parcel
in a manner that will provide for on-site recharge to ground water.
(7)
Will not involve excavation below the seasonal high water table unless
the excavation will serve as a recreational or wildlife resource or
a water reservoir for public, agricultural or industrial uses or for
any other use authorized in the area in which the site is located;
provided that in no case shall excavation have a depth exceeding sixty-five
(65) feet below the natural surface of the ground existing prior to
excavation unless it can be demonstrated that a depth greater than
sixty-five (65) feet will result in no significant adverse impact
relative to the proposed final use or on off-site areas.
(8)
Will be carried out in accordance with an extraction schedule which
depicts the anticipated sequence, as well as anticipated length of
time that, each twenty (20) acre units of the parcel proposed for
extraction will be worked. This shall not preclude more than one twenty
(20) acre unit from being worked at any one (1) time, provided that
there is a demonstrated need for time, provided that there is a demonstrated
need for additional units, restoration is proceeding on previously
mined units and the area of clearing does not exceed that specified
in paragraph B(10) below.
(9)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of paragraph C of this section and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance in accordance with Section 55-123 of this chapter.
[Amended 7-16-01 by Ord. No. 2001-29]
(10)
Will not involve clearing adjacent to ponds in excess of twenty
(20) acres or an area necessary to complete schedule operations; or
will not involve unreclaimed clearing exceeding one hundred (100)
acres or fifty percent (50%) of the area to be mined, whichever is
less, for surface excavation at any time.
(11)
Will not result in a substantial adverse impact upon those significant
resources depicted on the Special Areas Map appearing as Figure 7.1
in the Pinelands Comprehensive Management Plan.
C.
Restoration Standards. All parcels of land which are used for resource
extraction operations shall be restored as follows, except where other
Township ordinances have more restrictive standards, those other standards
shall apply:
(1)
Restoration shall be a continuous process, and each portion of the
parcel shall be restored such that the ground cover be established
within two (2) years and tree cover established within three (3) years
after resource extraction is completed for each portion of the site
mined.
(2)
Restoration shall proceed in the same sequence and time frame set
out in the extraction schedule required in paragraph B(8).
(3)
All restored areas shall be graded so as to conform to the natural
contours of parcel to the maximum extent practical; grading techniques
that help to control erosion and foster re-vegetation shall be utilized;
the slope of surface of restored surfaces shall not exceed one (1)
foot vertical to three (3) feet horizontal except as provided in paragraph
C(6) below.
(4)
Topsoil shall be restored in approximately the same quality and quantity
as existed at the time the resource extraction operation was initiated.
All topsoil removed shall be stockpiled and used for the next area
to be restored, unless it is immediately reused for reclamation that
is currently underway.
(5)
Drainage flows, including direction and volume, shall be restored
to the maximum extent practical to those flows existing at the time
the resource extraction operation was initiated.
(6)
Any body of water created by the resource extraction operation shall
have a graded shoreline with a slope not to exceed one (1) foot vertical
to five (5) feet horizontal to one (1) foot vertical. This requirement
shall apply to any water body or portion of water body created after
December 5, 1994. For any water body or portion of a water body created
prior to December 5, 1994, this requirement shall apply to the extent
that it does not require grading of areas which have not been disturbed
by mining activities. Where grading would require such disturbance,
a reduction in the distance of the graded shoreline above and below
the average water table elevation shall be permitted.
(7)
All equipment, machinery and structures, except for structures that
are usable for recreational purposes or any other use authorized in
the area, shall be removed within six (6) months after the resource
extraction operation is terminated and restoration is completed.
(8)
Reclamation shall to the maximum extent practical result in the reestablishment
of the vegetation association which existed prior to the extraction
activity and shall include:
(a)
Stabilization of exposed areas by establishing ground cover
vegetation.
(b)
Reestablishment of the composition of the natural forest and
shrub types that existed prior to the extraction activity through
one (1) of the following:
[1]
The planting of a minimum of one thousand (1,000) one (1) year
old pitch pine seedlings or other nature native Pinelands tree species
per acre in a random pattern;
[2]
Cluster planting of characteristic Pinelands oak species, such
as blackjack oak, bear oak, chestnut oak and black oak, and shrubs
such as black huckleberry, sheep laurel and mountain laurel, at a
spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth in [1] and
[2] above; or
[4]
The use of other planting techniques or native Pinelands species
as may be necessary to restore the vegetation association which existed
prior to the extraction activity.
(9)
Slopes beyond a water body's shoreline shall be permitted at the
natural angle of repose to the bottom of the pond.
(10)
The letter of credit, surety bond or other guarantee of performance
which secures restoration of each section shall be released after
the Township of Barnegat has determined that the requirements of paragraphs
C(1) through (9) above are being met and the guarantee of performance
is replaced with maintenance guarantee for a period of two (2) years
thereafter.
D.
Time Limit on Permits. Permits authorizing resource extraction shall
be approved for a maximum period of three (3) years provided that
the applicant complies with the requirements of paragraphs B. and
C above and paragraph F below.
[Amended 7-16-01 by Ord. No. 2001-29]
E.
Existing Operations. Resource extraction operations that were in
operation on August 8, 1980 may be continued in any portion of the
Preservation Area Zone, provided that:
(1)
The operation was authorized by a valid registration certificate
issued by the New Jersey Department of Labor and Industry under N.J.S.A.
34:6-98 4(h) prior to February 8, 1979; or the operation was exempt
from registration requirements of the New Jersey Department of Labor
and Industry and was authorized by and operating under a valid municipal
permit prior to February 8, 1979.
(2)
The area of extraction is limited to the value given under the category
"acreage to be mined" on the mine registration application submitted
to the Department of Labor and Industry, or the municipal permit in
the case of an operation permitted under paragraph (1) above.
(3)
The extractions activity meets the standards and requirements of
this section.
F.
Operators of all approved resource extraction operations shall, on a yearly basis, certify in writing and to the satisfaction of the Barnegat Township Planning Board and the Pinelands Commission that all mining and restoration activities have been and continue to be conducted in accordance with an approved extraction permits. In the event that the Planning Board and/or the Pinelands Commission determine that such any such activities deviate from the conditions of the approved permit, the operator shall immediately cease all mining activities until such time as the deviation is resolved for new extraction plans which reflect the deviation are submitted to and approved by the Township and reviewed by the Pinelands Commission in accordance with Article XVIII of this chapter.
[Amended 4-3-89 by Ord. 1989-8; 6-5-89 by Ord. No. 1989-14]
In the Pinelands Area, the following standards for fire mitigation
shall apply:
A.
Fire Hazard Classification. The following vegetation classifications
shall be used in determining the fire hazard of a parcel of land:
|
Hazard
|
Vegetation Type
|
|---|---|
|
Low
|
Atlantic white cedar hardwood swamps
|
|
Moderate
|
Non-pine barrens forest
Prescribed burned areas
|
|
High
|
Pine barrens forest 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
|
B.
Fire Mitigation Standards. No application for development approval
shall be granted in moderate, high and extreme fire hazard areas unless
the applicant demonstrates that:
(1)
All proposed developments, or units or sections thereof, of twenty-five
(25) dwelling units or more will 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.
(3)
The rights-of-way of all roads will be maintained so that they provide
an effective fire break.
(4)
(5)
All residential development of one hundred (100) dwelling units or
more in high or extreme high hazard areas will have a two hundred
(200) foot perimeter fuel break between all structure and the forest
in which:
(a)
Shrubs, understory trees and bushes and ground cover are selectively
removed, mowed or pruned and maintained on an annual basis.
(b)
All dead plant material is removed.
(c)
Roads, rights-of-way, wetlands and waste disposal sites shall
be used as fire breaks to the maximum extent practical.
(d)
There is a specific program for maintenance.
(6)
All structures will meet the following specifications:
(a)
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.
(b)
All projections such as balconies, decks, and roof gables shall
be constructed of fire resistant materials or materials treated with
fire retardant chemicals.
(c)
Any openings in the roof, attic, and the floor shall be screened.
(d)
Chimneys and stovepipes which are designed to burn solid or
liquid fuels shall be equipped with screens over the outlets.
(e)
Flat roofs are prohibited in areas where vegetation is higher
than the roof.
[Amended 6-5-89 by Ord. No. 1989-14; 12-15-96 by Ord. No. 1996-60 § 49]
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
paragraph 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 paragraph C above or required pursuant to § 55-148C 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 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 uses of other shrubs or tree species is required
for proper screening or buffering.
E.
No development shall be carried out unless it is designed to avoid
irreversible adverse impacts on the survival of any local populations
of those Pinelands threatened and endangered plants listed in N.J.A.C.
7:50-7.27.
F.
Screening of Motor Vehicles.
(1)
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 shall not apply to vehicles in operating condition
which are maintained for agricultural purposes.
(2)
Other screening requirements set forth in § 55B-162 and
landscaping requirements in this section shall also apply.
[Amended 6-5-89 by Ord. No. 1989-14]
A.
Scenic Corridors Defined. Except for those roads which provide for
internal circulation within residentially developed areas, all public,
paved roads in the PA, PI and PF Zones shall be considered scenic
corridors.
[Amended 7-16-01 by Ord. No. 2001-29]
B.
Setback Requirements.
(1)
Except as provided in this section, no permit shall be issued for
development other than for agricultural product sales establishments
unless the applicant demonstrates that all buildings are set back
at least two hundred (200) feet from the center line of the scenic
corridor.
(2)
If compliance with the two hundred (200) foot setback is constrained by environmental or other physical considerations, such as wetland, or active agricultural operation, the building shall be set back as close to two hundred (200) feet as practical and the site shall be landscaped in accordance with the provisions of § 55-295 so as to provide screening from the corridor.
(3)
If an applicant demonstrates that existing development patterns of the corridor are such that buildings are set back less than two hundred (200) feet and within one thousand (1,000) feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 55-295 so as to provide screening between the building and the corridor.
[Amended 6-5-89 by Ord. No. 1989-14]
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. 7:27-18.3.11.
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 a Regional Growth Area; and
(2)
Residential development of one hundred (100) or more units and any
other development involving more than three hundred (300) parking
spaces located in any other Pinelands Management Area.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 4-5-93 by Ord. No. 1993-8]
Development shall be prohibited in all wetlands and wetlands
transition areas in the Pinelands Area except as provided below:
A.
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of § 55-299. Beekeeping shall be permitted in all wetlands.
C.
Fish and wildlife activities and wetlands management shall be permitted
in all wetlands in accordance with N.J.A.C. 7:50-6.10.
[Amended 9-6-11 by Ord. No. 2011-14]
D.
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 paragraph G below.
E.
Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities shall be permitted
in wetlands provided that:
(1)
There is no feasible alternative route or site for the facility that
does not involve development in a wetland or, if none, that another
feasible route which results in less significant adverse impacts on
wetlands does not exist;
(2)
The need for the proposed linear improvement cannot be met by existing
facilities or modification thereof;
(3)
The use represents a need which overrides the importance of protecting
the wetland;
(4)
Development of the facility will include all practical measures to
mitigate the adverse impact on the wetland; and
(5)
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 circumstance.
F.
No development, except for those uses which are specifically authorized
in this section shall be carried out within three hundred (300) feet
of any wetland, unless the applicant has demonstrated that the proposed
development will not result in a significant adverse impact on the
wetland, as set forth in paragraph G of this section.
G.
A significant adverse impact will be deemed to exist where it is
determined that one or more of the following modifications of a wetland
will have an irreversible effect on the ecological integrity of the
wetland and its biotic components, including, but not limited to,
threatened or endangered species of plants or animals:
(1)
An increase in surface water runoff discharge into a wetland.
(2)
A change in the normal seasonal flow patterns in the wetlands.
(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 diversity.
(8)
A change in wetlands species composition.
(9)
A significant disturbance of areas used by indigenous and migratory
wildlife for breeding, nesting, or feeding.
H.
Determinations under paragraph G 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.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 51;
2-2-98 by Ord. No. 1998-2 § 2]
A.
Agriculture. All agricultural activities and fish and wildlife management
activities, including the preparation of land and the planting, nurturing
and harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Consideration
Service, and the New Jersey Agricultural Experimental Station at Rutgers
University.
B.
Fish and Wildlife.
(1)
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.
(2)
All development or other authorized activity shall be carried out
in a manner which avoids disturbance of 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
Area
C.
Floodways and Flood Hazard Areas.
(1)
In a floodway, no development or storage of material shall be permitted except as authorized in § 55-298.
(2)
In a flood hazard area, no building or structure shall be permitted if the elevation of any floor of such a structure, including basement, shall be less than one (1) foot above the flood hazard area design flood profile. The following uses are permitted provided they are in accordance with the requirements of §§ 55-298.
D.
Mandatory Sign Provisions.
(1)
No sign, other than warning or safety signs, which is designated
or intended to attract attention by sudden, intermittent or rhythmic
movement, or physical or lighting change, shall be permitted.
(2)
No sign, other than warning or safety signs, which changes physical
position by any movement or rotation or which gives the visual impression
of such movement or rotation shall be permitted.
(3)
No outdoor off-site commercial advertising sign, billboard, commercial
billboard or other off-premises sign shall be permitted, erected or
replaced in the Pinelands Area of Barnegat Township except as otherwise
specifically provided within this ordinance.
(a)
Developer Signs: Developer Signs (Off-Premises): Any off-premises sign directing traffic to a development site, sales office, model homes, etc., shall require a change of use application for site plan exemption and approval by the Site Plan Review Subcommittee of the Planning Board pursuant to §§ 55-141 and 55-226 of the Barnegat Township Land Use Code (Ordinance 1996-27). In viewing the application, the Site Plan Subcommittee shall apply the following criteria: Prior to submitting application, the applicant shall obtain outside agency approval (or letter of no interest) as may be required by reason of jurisdiction by the New Jersey Department of Transportation, County of Ocean, Pinelands Commission, Department of Environmental Protection, etc. Signs shall not exceed four (4) square feet in area and three (3) feet in height measured from the crown of the road or the top of the curb, except a maximum height of two and one-half (2 1/2) feet within a sight triangle. Off-premises signs shall not be clustered and no such sign shall be placed within fifty (50) feet of any other sign.
(4)
Any existing sign which does not conform to paragraphs D(1) and (2)
above shall be removed immediately. Any existing sign which does not
conform to paragraph D(3) above shall be removed no later than December
5, 1996, except for those existing, lawful off-site commercial advertising
signs located in the RH, RM, RL and RL/AC zones and in that portion
of the CN Zone located in the Regional Growth Area that were in existence
as of January 14, 1981.
(5)
To the maximum extent practical, the character and composition of
construction materials for all signs shall be harmonious with the
scenic values of the Pinelands Area.
E.
Location of Utilities.
(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 on 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.
F.
(Reserved)
[Deleted 2-2-98 by Ord. No. 1998-2 § 2]
G.
Waste Management. 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.
H.
Recreation.
(1)
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection's publication
Administration Guidelines: Barrier-Free Design Standards for Parks
and Recreation Facilities.
(2)
Improved bicycling facilities shall be provided only in conjunction
with paved roads within the PA, PF and FI Zones.
[Amended 6-5-89 by Ord. No. 1989-14; 4-5-93 by Ord. No. 1993-8; 12-16-96 by Ord. No. 1996-60 § 54]
A.
Minimum lot size.
[Amended 10-7-03 by Ord. No. 2003-33]
(1)
No nonresidential use in the RH, RM, RL, or RL/AC Zones or in that
portion of the CN Zone located in the Pinelands Village or Regional
Growth Area shall be located on a parcel of less than one (1) acre
unless served by a centralized wastewater treatment plant. No residential
dwelling unit in these zones shall be located on a parcel of less
than one (1) acre unless served by either:
(a)
A centralized wastewater treatment plant; or
(b)
A community on-site wastewater treatment system serving two (2) or more residential dwelling units which meets the standards of Section 55-291B(5) or (7), provided that the overall residential density on the parcel does not exceed one (1) dwelling unit per acre.
(2)
No residential dwelling unit or nonresidential use in the PA, PV,
PF, C-PHD or PI Zones or in that portion of the CN Zone located in
the Pinelands Forest Area shall be located on a parcel of less than
one (1) acre.
B.
Notwithstanding the density limitations or other provisions of this
chapter, the owner of a parcel of land of an acre or more in the Pinelands
Area, not including the Preservation Area Zone, shall be entitled
to develop one (1) detached single-family dwelling on the parcel,
provided that:
(1)
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
(2)
The parcel has been in the continuous ownership since February 7,
1979 of the person whose principal residence the dwelling unit will
be, a member of that person's immediate family, or a partnership or
corporation in which members of that person's immediate family collectively
own more than a majority interest in such partnership or corporation;
(3)
The parcel was not in common ownership with any contiguous land on
or after February 8, 1979 that contains substantial improvements;
and
(4)
The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
C.
Notwithstanding the requirements of paragraph A above, an application
for residential development not served by a centralized wastewater
treatment plant on lots between twenty thousand (20,000) square feet
and one (1) acre in size in the RM or RH Zone may be considered without
the necessity for a municipal lot size or density variance, provided
a waiver or strict compliance is granted by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 55]
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 governing body 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 paragraph 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 governing
body 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 a Pinelands Village and all applications for major development
in order 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.
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 (2) below.
(2)
A certificate of appropriateness issued as a result of the cultural
resource survey requirement set forth in paragraph 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 in question until
such time as the Pinelands Commission designates the resource pursuant
to N.J.A.C. 7:50-6.154.
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 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 Data: Procedures for Notification, Reporting,
and Data Recovery" (36 CFR 66).
