[Ord. #83A, § 1.01, AI; Ord. #92-13; Ord. #95-17, § 1]
It is the intent and purpose of this Ordinance:
a.
To encourage municipal action to guide the appropriate use of development
of all lands in this state, in a manner which will promote the public
health, safety, morals, and general welfare;
b.
To secure safety from fire, flood, panic and other natural and man-made
disasters;
c.
To provide adequate light, air and open space;
d.
To ensure that the development of individual municipalities does
not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole;
e.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment;
f.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
g.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens;
h.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
i.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangement;
j.
To promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources in the state
and to prevent urban sprawl and degradation of the environment through
improper use of land;
k.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site;
l.
To encourage senior citizen community housing construction;
m.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land;
n.
To promote utilization of renewable energy resources; and
o.
To promote the maximum practicable recovery and recycling of recyclable
materials from municipal solid waste through the use of planning practices
designed to incorporate the State Recycling Plan goals and to complement
municipal recycling programs.
p.
To encourage development that protects and maintains the rural characteristics
of the community.
q.
To encourage alternative planning and zoning techniques that minimize
environmental disturbance and protect open space and agricultural
lands.
r.
To encourage the preservation of farmland and promote and preserve
the agriculture industry of the Township.
This chapter was amended to comply with Chapter 291 of the Laws
of N.J. 1975 and all subsequent amendments thereto. Any section, paragraph
or provision of this chapter in conflict with this law shall be deemed
repealed and the statute will control.
[Ord. #83A, § 2.01, AII; Ord. #87A; Ord. #92-13;
Ord. #95-17, § 3; Ord. #19-99, § 1; Ord. #2016-16]
For the purpose of this chapter, the non-Pinelands Area of the
Township of Plumsted is hereby divided into the following zoning districts:
|
RA-5
|
Rural Agricultural
|
|
RA-3
|
Rural Agricultural
|
|
RA-2
|
Rural Agricultural
|
|
R-40
|
Rural Residential
|
|
R-10
|
Residential
|
|
MHP
|
Mobile Home Park
|
|
C-2
|
Commercial
|
|
C-3
|
Commercial
|
|
C-4
|
Downtown Commercial
|
|
C-5
|
Commercial Zone
|
|
LI
|
Light Industrial
|
|
FP
|
Farmland Preservation
|
|
ROS
|
Recreation Open Space
|
[Ord. No. 2016-13 § 1; Ord. No. 2016-13 § 2; Ord. No. 2016-13 § 3; Ord. No. 2016-17 § 1; Ord. No. 2016-17 § 2; Ord. #83A, § 2.02;
Ord. 5/12/80, § 2; Ord. #92-13; Ord. #95-17, § 4;
Ord. #96-15, § 1; Ord. #97-04, § 1; Ord. #97-20, § 1;
Ord. #97-26, § 1; Ord. #98-03, § 1; Ord. #99-08, § 1;
Ord. #19-99, § 2; Ord. #22-99, § 1; Ord. #01-06, § 1;
Ord. #2001-08, § 1; Ord. #2002-08, § 1; Ord. #2003-09, § 1;
Ord. #2004-03, § 1; Ord. #2004-05, § 2; Ord. #2005-15, § 2;
Ord. #2006-17, § 1; Ord. #2007-20, § 1; Ord. #2008-21 § 1; Ord. No. 2016-13 §§ 1-3; Ord. No. 2016-17 § 1, 2]
The boundaries of all zoning districts set forth in this chapter
are designated on a map entitled "Zoning Map, Plumsted Township, Ocean
County, New Jersey," prepared by John D. Maczuga, P.P., A.I.C.P.,
bearing an original adoption date of August 4, 1999, and last revised
June 2003, which is hereby made part of this chapter. The zoning map
and amendments thereto are on file in the office of the Township clerk.
a.
Zoning Map Amendments.
1.
Pursuant to the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A
et seq.) the official zone map shall indicate the adoption of the
"New Egypt Redevelopment Plan (Amendment #1, Ordinance No. 2005-15)"
dated July, 2005 and overlay zone therein.
2.
Pursuant to Ordinance No. 2016-13.
(a)
The "Zoning Map" of the Township of Plumsted is hereby amended
to expand the C-4 Zone to include:
|
Block
|
Lot
|
|---|---|
|
10
|
2, 3, 4, 5, 6 and 7
|
|
13
|
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and
38
|
(b)
The "Zoning Map" of the Township of Plumsted is hereby amended
to create a new C-5 Commercial Zone to include:
|
Block
|
Lot
|
|---|---|
|
43
|
21, 23, 24, 64
|
|
43.01
|
75, 76
|
|
44
|
23.01, 24.01, 25
|
|
46
|
1, 6.02, 6.03, 7, 8, 9, 10, 11, 12, 13, 14.01, 15.01 p/o 16,
17
|
|
58
|
1, 2,15,16,17,18,19,20
|
|
59
|
6.03
|
(c)
The "Zoning Map' of the Township of Plumsted is hereby amended
to expand the RA-5 Zone to include:
|
Block
|
Lot
|
|---|---|
|
46
|
p/o 16
|
3.
Pursuant to Ordinance No. 2016-17:
(a)
The "Zoning Map" of the Township of Plumsted was amended to
expand the C-4 Zone to include the North Side of Lakewood Road (Block
10, Lots 2, 3, 4, 5, 6 and 7). However, the South Side of Lakewood
Road was inadvertently not included in the zone change;
(b)
The "Zoning Map" is hereby further amended to include the South
Side of Lakewood Road (Block 10, Lots 24.01; 24.02; 25; 26; 27; 28;
29; 30; 31; 32.01; 32.02; 33; 34; 35; 36; 67; 69; and 70.)
[Ord. #83A, § 2.03]
In the creation by this chapter of the respective zoning districts,
careful consideration was given to the suitability of each zone for
the particular regulations applied thereto, and the necessary, proper
and comprehensive grouping and arrangements of the various uses and
densities of population in accordance with the Township master plan.
[Ord. #83A, § 2.04; Ord. 7/10/78, § I;
Ord. #87A; Ord. #12-86, § 1; Ord. #8-87, § 1;
Ord. #3-87, § 1; Ord. 5/11/87; Ord. 7/14/86; Ord. #92-13;
Ord. #95-17, § 5]
Where uncertainty exists as to the boundaries as shown on the
official zoning map, the following rules shall apply:
a.
Zone boundary lines are intended to follow the center lines of streets,
railroad rights-of-way, streams and lot or property lines as they
exist on the 1995 Township of Plumsted Tax Maps, unless such zone
boundary lines are fixed by dimensions.
b.
Where such boundaries are not fixed by dimensions and where they
approximately follow lot lines, such lot lines shall be construed
to be such boundaries unless specifically shown otherwise.
c.
In subdivided land and where a zone boundary divides a lot, the location
of such boundary, unless the same is indicated by dimensions shown
on the map, shall be determined by the use of the scale appearing
on the zoning map.
d.
Where a question arises as to the exact location of a zone boundary
line, the board of adjustments shall make the final determination
in accordance with such rules and regulations as it may hereafter
adopt.
[Ord. #96-13, § I]
a.
Notice of the hearing on an amendment to the zoning ordinance proposing
a change to the classification or boundaries of a zoning district,
exclusive of classification or boundary changes recommended in a periodic
general reexamination of the master plan by the planning board pursuant
to section 76 of P.L. 1975, c. 291 (C.40:55D-89), shall be given prior
to adoption in accordance with the provisions of N.J.S.A. 40:55D-63.
Such notice shall be given at least ten days prior to the hearing
by the municipal clerk to the owners of all real property as shown
on the current tax duplicates, located, in the case of a classification
change, within the district and within the state within 200 feet in
all directions of the boundaries of the district, and located, in
the case of a boundary change, the state within 200 feet in all directions
of the proposed new boundaries of the district which is the subject
of the hearing.
A notice pursuant to this section shall state the date, time
and place of the hearing, the nature of the matter to be considered
and an identification of the affected zoning district and proposed
boundary changes, if any, by street names, common names or other identifiable
landmarks, and by reference to lot and block numbers as shown on the
current tax duplicate in the municipal tax assessor's office.
Notice shall be given by: (1) serving a copy thereof on the
property owner as shown on the said current tax duplicate, or his
agent in charge of the property, or (2) mailing a copy thereof by
certified mail and regular mail to the property owner at his address
as shown on the said current tax duplicate.
Notice to a partnership owner may be made by service upon any
partner. Notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within two hundred (200) feet of the boundaries
of the district which is the subject of the hearing, may be made in
the same manner as to a corporation, in addition to notice to unit
owners, co-owners, or homeowners on account of such common elements
or areas.
The municipal clerk shall execute affidavits of proof of service
of the notices required by this section and shall keep the affidavits
on file along with the proof of publication of the notice of the required
public hearing on the proposed zoning ordinance change. Costs of the
notice provisions shall be the responsibility of the proponent of
the amendment.
b.
A protest against any proposed amendment or revision of a zoning
ordinance may be filed with the municipal clerk, signed by the owners
of 20% or more of the area either (1) of the lots or land included
in such proposed change, or (2) of the lots or land extending 200
feet in all directions therefrom, inclusive of street space, whether
within or without the municipality. Such amendment or revision shall
not become effective following the filing of such protest except by
the favorable vote of two-thirds of all the members of the governing
body of the municipality.
[Ord. #83A]
The schedule of regulations entitled "Schedule of Area, Yard
and Building Requirements," attached hereto and made a part hereof,
applying to the use of land and buildings, the yard and other open
spaces to be provided contiguous thereto, and all other matters contained
therein, as indicated for the various zones established by this chapter,
is hereby declared to be a part of this chapter.[1]
The regulations listed for each zone as designated reading from
left to right across the schedule, are hereby described for such zones,
subject to the other provisions in the chapter and shall be deemed
to be the minimum requirements in every instance of their applications,
unless otherwise stated.
[Ord. #95-17, § 11; Ord. 1995-21, § 2;
Ord. #2001-08, §§ 2—4; Ord. #2002-11, § 1;
Ord. #2007-01, § II]
a.
Purpose.
1.
To conserve open land, including those areas containing unique and
sensitive natural features such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development;
2.
To provide greater design flexibility and efficiency in the siting
of services and infrastructure, including the opportunity to reduce
length of roads, utility runs, and the amount of paving required for
residential development;
3.
To reduce erosion and sedimentation by the retention of existing
vegetation, and the minimization of development on steep slopes;
4.
To provide for a diversity of lot sizes, building densities, and
housing choices to accommodate a variety of age and income groups,
and residential preferences.
5.
To implement adopted municipal policies to conserve a variety of
irreplaceable and environmentally sensitive resource lands as set
forth in the municipality's Conservation Element to the Plumsted Township
Master Plan, including provisions for reasonable incentives to create
a greenway system for the benefit of present and future residents;
6.
To implement adopted land use, transportation, and community policies,
as identified in the municipality's Master Plan;
7.
To protect areas of the municipality with productive agricultural
soils for continued or future agricultural use, by conserving blocks
of land large enough to allow for efficient farm operations;
8.
To create neighborhoods with direct visual access to open land, with
amenities in the form of neighborhood open space, and with a strong
neighborhood identity.
9.
To provide for the conservation and maintenance of open land within
the municipality to achieve the above-mentioned goals and for active
or passive recreational use by residents;
10.
To provide multiple options for landowners in order to minimize impacts
on environmental resources (sensitive lands such as wetlands, floodplain,
and steep slopes) and disturbance of natural or cultural features
(such as mature woodlands, hedgerows and tree lines, critical wildlife
habitats, historic buildings, and fieldstone walls);
11.
To provide standards reflecting the varying circumstances and interests
of individual landowners, and the individual characteristics of their
properties; and
12.
To conserve scenic views and elements of the municipality's rural
character, and to minimize perceived density, by minimizing views
of new development from existing roads.
b.
Conservation Design. In order to achieve these purposes, this zone
provides for flexibility in designing new development in the RA-5
Rural Agricultural District by allowing two forms of "by-right" development
referred to as "options," as summarized below:
1.
Option One: Neutral Density and Basic Conservation, providing for
residential uses at the density permitted by the underlying RA-5 zoning
district. Greenway lands shall comprise at least half the tract. The
flexibly-designed layouts work well with either individual wells and
septic systems located on the property or in the common open space.
2.
Option Two: Country Properties, providing for very low densities
appropriate to rural situations, with flexible and reduced design
standards in instances where a permanent deed restriction is offered
to maintain such uses.
|
Option 1
Neutral Density/Basic Conservation
|
Option 2
Country Properties or Farmette
| |
|---|---|---|
|
Density
|
5 acres/du
|
10 acres/du
|
|
Lot Size Maximum with
Minimum Lot Width
|
3.5 acres
300 feet
|
NA
300 feet
|
|
Lot Size Average with
Minimum Lot Width
|
2.5 acres
250 feet
|
10 acres
300 feet
|
|
Lot Size Minimum with
Minimum Lot Width
|
1 acre
100 feet
|
6 acres
300 feet
|
|
Minimum Open Space
|
50%
|
No Common Open Space, but Deed Restriction to ensure no further
subdivision of the site
|
3.
Applicability.
(a)
Tracts of 20 acres or greater must choose one of the two Conservation
Design options for subdivisions.
(b)
On tracts smaller than 20 acres, while the underlying zoning
applies, the Conservation Options are strongly encouraged to preserve
Primary and Secondary Conservation Areas, and to place conservation
easements on lots.
4.
Development Densities, Dimensional Standards, and Required Greenway
Land Standards for Option 1: Neutral Density and Basic Conservation.
(a)
Density: As determined through the yield plan described in Subsection
5(b) below.
(b)
Minimum Required Greenway Land: The subdivision must include
at least 50 percent of the gross tract area as greenway land. Greenway
land shall not be counted toward minimum lot size nor used in any
way for residential lots.
(c)
Minimum lot area: one acre.
(d)
Minimum lot width at building setback: 100 feet.
(e)
Minimum street frontage: 45 feet.
(g)
Maximum total impervious coverage: 25 percent limit on each
lot.
(h)
Maximum height regulations: 35 feet, or 2 1/2 stories.
(i)
Permitted uses: Detached single family dwellings.
(j)
Accessory Uses and Buildings.
(1)
Private garage, tool shed.
(2)
Professional offices in residence as defined herein.
(3)
Home occupation as defined herein.
(4)
Customary farm buildings for the storage of products or equipment
or for the processing of farm products which are produced on the same
parcel as the principal use.
(5)
Roadside stands in connection with a farm operation, for the
purpose of display and sale of farm products.
(k)
Conditional Uses.
(1)
(Reserved)
(3)
Communications Towers.
(i)
Communication towers are permitted within the RA-5
Zone as a conditional use contingent upon compliance with the following
criteria:
[a]
Minimum lot size: five acres
[b]
Minimum lot width: 300 feet
[c]
Minimum lot depth: 300 feet
[d]
Minimum yard setback:
Front: 200 feet, or 100 percent of the highest point of the
tower, including all attached appurtenances; whichever is greater.
Side: 100 percent of the highest point of the tower, including
all attached appurtenances.
Rear: 150 feet or 100 percent of the highest point of the tower,
including all attached appurtenances; whichever is greater.
[e]
Accessory buildings are permitted, if less than
500 square feet, and 15 feet in height, however, accessory buildings
are permitted only if the buildings are constructed for the sole and
exclusive use of the operation of the communication tower, and they
are buffered and screened from view to such an extent that they are
not visible from the roadway or the adjacent property lines.
[f]
Communication towers are considered a primary use
and cannot be erected in conjunction with any other nonagricultural
primary building or structure on the property.
[g]
Installation of any tower, pole, or communication
device in excess of 35 feet requires site plan approval.
[h]
To the greatest extent possible, all construction
on the lot should be located in such a manner as to permit the maximum
distance, as well as the maximum buffer and screening to adjacent
residential uses.
(ii)
No signage or other methods of providing messages
or commercial statements may be attached, suspended or otherwise a
part of the antenna or tower structure.
5.
Density Determination for Option 1: Yield Plan Approach. Determination
of density, or maximum number of permitted dwelling units, shall be
based upon a Yield Plan. Yield Plans shall meet the following requirements:
(a)
Yield Plans must be prepared as conceptual layout plans in accordance
with the standards of the Land Subdivision Ordinance, containing proposed
lots, streets, rights-of-way, and other pertinent features. It must
be drawn to scale and drawn on a sealed survey prepared by a licensed
New Jersey land surveyor. It must be a realistic layout reflecting
a development pattern that could actually be built, after delineating
and accounting for presence of wetlands, floodplains, steep slopes,
existing easements or encumbrances and, if unsewered, the suitability
of soils for subsurface sewage disposal. The Yield Plan must accommodate
lots with one acre of upland and buildable land.
(b)
The following dimensional standards shall be used in the development
of Yield Plans for Option 1 subdivisions.
Standard: Option 1
Minimum lot area: 217,800 sf. (5 acres)
Minimum lot width: 300 feet
Front yard setback: 80 feet; 100 feet on a major road
Rear yard setback: 50 feet
Side yard setback: 50 feet
The Yield Plan must identify the sites primary and secondary
resources, as identified in the Existing Resources/Site Analysis Plan
(required in the Land Subdivision Ordinance), and demonstrate that
the primary resources could be successfully absorbed in the development
process without disturbance, by allocating this area to proposed single
family dwelling lots which conform to the density factor of the chosen
option.
(c)
Design Standards for Option 1.
(1)
Building lots shall not encroach upon Primary and Secondary Conservation Areas as defined in Chapter 15;
(2)
All new dwellings shall meet the following setback requirements:
(i)
From all major road ROW — 80 feet; 60 feet
on local roads
(ii)
From all other tract boundaries — 50 feet
(iii)
From cropland or pastureland — 100 feet
(iv)
From permanently preserved farmland — 300
feet
(v)
From buildings or barnyards housing livestock —
300 feet
(vi)
From active recreation areas such as courts or
playing fields — 150 feet
(3)
Views of buildings from exterior roads and abutting properties
shall be minimized by the use of changes in topography, existing vegetation,
or additional landscaping which meets the landscaping requirements
of the Land Subdivision Ordinance.
(4)
Buildings shall generally be accessed from interior streets,
rather than from roads bordering the tract.
(5)
At least three-fourths of the dwellings shall directly abut
greenway land, either by having rear or side yards abut the greenway
land, or by having it directly across a street.
(6)
Standards pertaining to the ownership and maintenance of the
greenway land.
6.
Standards for Option 2: Country Properties.
(a)
Minimum lot size: 6 acres
(b)
Minimum lot width at building line: 300 feet
(c)
Yard setback requirements:
(1)
Front setback: 150 feet from the ROW of existing municipal roads,
but 40 feet from the ROW of new subdivision streets, country lanes,
or common driveways (Where applicable).
(2)
Rear setback: 50 feet minimum for principal buildings and 10
feet for accessory buildings (except that accessory buildings with
a ground floor area exceeding 500 SF shall conform to the setback
requirements for principal structures).
(3)
Side setback: 25 feet.
(4)
Maximum total impervious coverage: 4 percent limit on each lot.
(5)
Maximum height regulations: 35 feet or two and one-half stories.
(7)
Up to three lots may share a common driveway.
(8)
Accessory Uses and Buildings. See Subsection 15-4.1b4(j).
(9)
Conditional Uses. See Subsection 15-4.1b4(k).
c.
For tracts under 20 acres, the underlying permitted uses and standards
apply:
1.
Permitted Uses.
(a)
Agriculture.
(b)
Detached single family dwellings.
(c)
Farmettes. In recognition of the need to provide alternative
development techniques to preserve farmland and open space so as to
protect the rural character of the Township, farmettes shall be permitted
in accordance with the following requirements:
(1)
Minimum lot area: Six acres.
(2)
Minimum front yard setback: 100 feet.
(3)
Minimum rear yard setback: 100 feet.
(4)
Minimum side yard setback: 50 feet.
(5)
Minimum combined side yard setback: 100 feet.
(6)
Flag lots shall be permitted provided the minimum lot frontage
shall be 25 feet.
(7)
Not less than 50 percent of farmettes shall have a minimum lot
frontage of 250 feet and a minimum lot width of 300 feet.
(8)
Maximum driveway length (distance from paved public street to
dwelling): 750 feet.
(9)
Driveway specifications (driveways over 150 feet in length):
(i)
Minimum width: 18 feet.
(ii)
Surfacing requirements: All weather surface capable
of accommodating emergency vehicles of a minimum weight of 28,000
pounds.
(iii)
Driveways serving as access to more than one
lot shall be subject to cross access easements approved by the planning
board.
(iv)
All driveways shall include a paved apron extending
a minimum of ten feet from the edge of pavement of the existing roadway.
(v)
Minimum vertical clearance: 14 feet.
(11)
Any new street created to exclusively serve farmettes
shall qualify for a reduction in the Township's improvement standards
to the following minimums:
(12)
All lots created under the provisions of this
subsection shall be deed restricted whereby further subdivision of
the lot is expressly prohibited unless specifically authorized by
future amendment to the Plumsted Township Code permitting such further
subdivision of a lot created pursuant to this subsection. The deed
restriction shall be binding upon the successors and assigns in title
and to the benefit of, and enforceable by the Township of Plumsted.
(13)
The planning board, at its sole option, may consider
waiver and/or reductions in other improvements and/or standards deemed
appropriate.
(d)
Lot Averaging. In recognition of the need to provide alternative
development techniques to preserve farmland and open space so as to
protect the rural character of the Township, lot averaging, as set
forth in this subsection may be permitted in accordance with the following:
(1)
Minimum tract size: 25 acres.
(2)
Minimum lot size: Two and five tenths acres.
(3)
Maximum lot size: (for purposes of calculating average lot size):
Seven and five tenths acres.
(4)
Average lot size: Five acres.
(5)
Minimum lot width: 200 feet.
(6)
Minimum lot frontage: 100 feet.
(7)
Minimum front yard setback: 80 feet.
(8)
Minimum rear yard setback: 50 feet.
(9)
Minimum side yard setback: 50 feet.
(10)
The principal use of all lots created pursuant
to this subsection shall be for detached single family residences.
(e)
Clustering (Farmland Preservation Bonus). In order to encourage
and promote the preservation of large contiguous areas of mature upland
forest area and farmland, and protect the rural character of the Township
yet allow for compatible residential development, clustering of residential
lots may be permitted in accordance with the following:
(1)
Minimum tract size: 50 acres.
(2)
Maximum number of detached single family buildings lots to be
based upon following formula:
|
Maximum number of building lots
|
=
|
number of base building lots
|
+
|
number of bonus building lots
|
(i)
The "number of base building lots" shall be determined by the development of a "yield map," which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-5 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[1] The "yield map" shall depict the location of wetlands
regulated pursuant to the N.J. Freshwater Wetlands Protection Act
(N.J.S.A. 13.9B-1 et seq.) and a minimum of 50 percent of the required
lot area for all proposed lots shall be outside of such regulated
wetlands and shall have direct access to a proposed street.
(ii)
The number of "bonus building lots: shall be determined
in accordance with the following formula:
|
Maximum number of building lots
|
=
|
Acres of contiguous non-wetlands farmland and/or mature forest
area to be preserved and/or restricted to agricultural use over 25
acres
|
x.5
|
(3)
Area, yard and building requirements: As required in the "Schedule
of Area, Yard and Building Requirements" for the R-40 Zone.
(4)
Areas of mature upland forest proposed to be preserved shall
be restricted via perpetual easement in a form approved by the planning
board attorney, subject to the exceptions set forth in this subsection.
(5)
Farmland to be preserved shall be deed restricted in perpetuity
to agricultural use except as otherwise provided in this subsection.
(6)
The following standards shall apply to lands proposed to be
preserved, conserved or otherwise remain in perpetual open space under
the cluster (farmland preservation bonus) development alternative:
(i)
All on-site lands to be deed restricted for agricultural
use or subject to a conservation easement shall be sized and situated
to the maximum extent practicable to give due consideration to the
presence of mature forest and agricultural lands on adjoining properties
so as to promote the preservation of large contiguous areas of mature
forest and/or farmland.
(ii)
The planning board shall determine that the size,
natural capabilities, location, configuration and historical use of
areas to be deed restricted for agricultural use afford realistic
opportunity for such continued use.
(iii)
No area to be deed restricted for agricultural
use shall contain less than 25 contiguous acres.
(7)
Notwithstanding the provisions of this subsection, a lot created
for the preservation of farmland and/or mature forest may contain
one detached single family dwelling, provided however, such dwelling
shall be included in the calculation of the maximum number of building
lots permitted.
(8)
Further restriction, approved as of to form by the planning
board attorney, shall be placed on all lands subject to a conservation
easement or deed restriction for agricultural use as provided in this
subsection prohibiting further subdivision of the lot unless specifically
authorized by future amendment to the Plumsted Township Code permitting
such further subdivision of a lot created pursuant to this subsection.
(9)
Notwithstanding the provisions of Subsection 15-4.1c1(e)(8)
further subdivision of a lot created pursuant to this subsection and
subject to a conservation easement, or deed restriction for agricultural
use, shall be permitted subject to the following:
(i)
Not more than three additional building lots to
be utilized for detached single family residents shall be permitted.
(ii)
The reservation of the right to such future subdivision
shall have been declared at the time of approval of the cluster (farmland
preservation bonus) development alternative and the right to the specified
number of future lots is reflected in the deed to such property.
(iii)
The number of building lots reserved for future
subdivision shall be included in the count of the maximum number of
building lots permitted pursuant to Subsection 15-4.1c1(e)(2).
(v)
In calculating the maximum number of building lots
permitted and number of bonus building lots earned appropriate area
reductions shall be made for any building lots so reserved.
(vi)
The area of any previously reserved lot created
by further subdivision shall not exceed 40,000 square feet.
(vii)
Any further subdivision to create all or a portion
of the building lots reserved pursuant to this subsection shall require
subdivision approval by the planning board.
(viii)
The lots created by any further subdivision
to create all or a portion of the building lots reserved pursuant
to this subsection shall be located so as not to adversely impact,
or be adversely impacted by, the use of any of the agricultural uses
of the remainder of the property.
(ix)
Nothing herein shall prohibit the further subdivision
of a lot deed restricted for agricultural use provided said subdivision
is for agricultural purposes and said restriction is continued in
the deeds of all lots created.
(f)
Cluster (Reduced Lot Size) Development. In accordance with the
regulations of this subsection, an owner, developer or subdivider
may elect to develop lots for single family detached dwellings in
a manner which will preserve desirable open spaces, farmland and mature
forest areas compatible with residential uses by permitting a reduction
of lot sizes and the application of certain other regulations hereinafter
stated without increasing the number of lots in the total areas to
be developed.
(1)
Required findings by planning board. Prior to granting approval
of any cluster (reduced lot size) development, the planning board
must find that:
(i)
The proposal will produce economy in layout and
design.
(ii)
The open space created by the proposal promotes
active recreation (including golf courses) or serves to preserve farmland
or mature upland forest areas.
(iii)
The methods and arrangements proposed by the
developer are adequate to assure the viability and permanence of the
maintenance of the proposed open space for its intended use.
(iv)
The proposal is consistent with the intent, purposes,
goals and objectives of the master plan.
(2)
Minimum tract size: 6 acres.
(3)
The maximum number of detached single family building lots shall be determined by the development of a "yield map," which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-5 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[3] The "yield map" shall depict the location of wetlands
regulated pursuant to the New Jersey Freshwater Wetlands Protection
Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the
required lot area for all proposed lots shall be located outside of
such regulated wetlands and shall have direct access to a proposed
street.
(4)
Area, yard and setback requirements. As required in the "Schedule
of Area, Yard and Building Requirements" for the R-40 zone.
(5)
Open space requirements. The following requirements shall be
applicable to open space created pursuant to this subsection:
(i)
A minimum of 45 percent of the tract shall be set
aside for open space.
(ii)
Open space shall, to the maximum extent practicable,
be in large contiguous areas situated to give due consideration to
the presence of mature forest and agricultural lands on adjoining
properties.
(iii)
No area less than 50 feet in width or less than
five contiguous acres shall be considered open space for the purposes
of determining compliance with the open space requirement of this
subsection.
(iv)
Golf courses shall be considered open space for
the purposes of this subsection.
(v)
All lots created under the provisions of this subsection
shall be deed restricted whereby further subdivision of the lot is
expressly prohibited, except for agricultural purposes, unless specifically
authorized by future amendment to the Plumsted Township Code permitting
such further subdivision of a lot created pursuant to this subsection.
The deed restriction shall be binding upon the successors and assigns
in title and to the benefit of, and enforceable by the Township of
Plumsted.
(g)
Municipal, county, state and federal buildings and grounds including
but not limited to schools, parks, playgrounds, libraries, workshops,
warehouses, garages and storage yards.
(h)
Golf courses.
(i)
Family day care home.
(j)
(Reserved)
(k)
Essential services.
2.
Accessory Uses and Buildings. See Subsection 15-4.1b4(j).
3.
Conditional Uses. See Subsection 15-4.1b4(k).
[Ord. #2007-01, § II]
Protected open space and greenway lands (referred to as Greenway
Lands) in all subdivisions and site plans shall meet the following
standards:
a.
Uses Permitted on Greenway and Open Space Lands. The following uses
are permitted in greenway land areas:
1.
Conservation of open land in its natural state (for example, woodland,
fallow field, or managed meadow);
2.
Agricultural and horticultural uses, including raising crops or livestock,
wholesale nurseries, pre-existing associated buildings that are specifically
needed to support an active, viable agricultural or horticultural
operation, excluding residences.
3.
Pastureland and facilities for horses. Equestrian facilities, including
outdoor tracks, shall be permitted.
4.
Forestry, in keeping with State Approved Woodland Management Plan
for selective harvesting and sustained yield forestry. Clear cutting
is not permissible.
5.
Neighborhood open space uses such as village greens, commons, picnic
areas, community gardens, trails, and similar low-impact passive recreational
uses, specifically excluding motorized off-road vehicles, rifle ranges,
paint ball operations, and other uses similar in character and potential
impact as determined by the Board.
6.
Active noncommercial recreation areas, such as playing fields, playgrounds,
courts, and bikeways, provided such areas do not consume more than
half of the minimum required greenway land or five acres, whichever
is less. Playing fields, playgrounds, and courts shall not be located
within 100 feet of abutting properties. Parking facilities for the
same shall also be permitted, and they shall generally be gravel-surfaced,
unlighted, properly drained, provide safe ingress and egress, and
contain no more than ten parking spaces.
7.
Easements for drainage, access, sewer or water lines, or other public
purposes.
8.
Underground utility rights-of-way. Above ground utility and street
rights-of-way may traverse conservation areas but shall not count
toward the minimum required Greenway land.
b.
Greenway Design Standards.
1.
Greenway lands shall be laid out in general accordance with the municipality's
Proposed Conservation Areas and Greenway Connections and Proposed
Farmland Preservation maps of the 2003 Conservation Element of the
Master Plan for Plumsted Township. The greenway lands shall be contiguous
and not fragmented in order to ensure an interconnected network of
open space throughout the Township, over time, as parcels undergo
subdivision and site plans. In addition, the required greenway land
shall consist of all Primary Conservation Areas (PCAs), and Secondary
Conservation Areas (SCAs) to the greatest extent possible.
2.
In Option 1 subdivisions within the RA-5 Zone, the greenway land
comprises a minimum of 50 percent of the gross tract area. This land
shall generally remain undivided and may be owned and maintained by
a homeowners' association, land trust, another conservation organization
recognized by the municipality, or by a private individual (typically
as part of the original farmhouse).
3.
Buffers for Adjacent Outdoor Recreation Land and other nonresidential
development uses: Where the proposed development adjoins outdoor recreation
land or other nonresidential development uses, a natural greenway
buffer at least 150 feet deep shall be provided within the development
along its common boundary, within which no new structures shall be
constructed, nor shall any clearing of trees or understory growth
be permitted (except as may be necessary for street or trail construction).
Where this buffer is unwooded, the board may require vegetative screening
to be planted, or that it be managed to encourage natural forest succession
through "no-mow" policies and the periodic removal of invasive exotic
plant and tree species.
c.
Other Requirements.
1.
No portion of any building lot may be used for meeting the minimum
required greenway land. However, active agricultural land with farm
buildings, excluding areas used for residences, may be used to meet
the minimum required Greenway land.
2.
When the Greenway lands are to be for common use, pedestrian and
maintenance access shall be provided to Greenway land in accordance
with the following requirements:
(a)
Each neighborhood shall provide one centrally located access
point per 15 lots, a minimum of 20 feet in width.
(b)
If the Greenway land is being used for agricultural purposes
exclusively, access to such Greenway land used for agriculture may
be appropriately restricted for public safety and to prevent interference
with agricultural operations.
3.
All Greenway land areas that are wooded shall be left in a natural
state. The use of fencing is strongly discouraged.
d.
Permanent Greenway Protection Through Conservation Easements.
1.
In Option 1 subdivisions, all Greenway land provided shall be subject
to permanently marked conservation easements prohibiting future development
and defining the range of permitted activities. The determination
of necessity shall lie with the board.
2.
In Option 2 subdivisions (Country Properties), applicants who voluntarily
develop their properties at densities conforming with Option 2 standards
(minimum six acres per principal dwelling in the RA-5 Zone), shall
place a deed restriction preventing future subdivision of the newly
created parcels.
e.
Ownership of Greenway Land and Common Facilities.
1.
Development Restrictions. All greenway land shall be permanently
deed restricted from future subdivision and development. Under no
circumstances shall any development be permitted in the open space
at any time, except as indicated previously.
2.
Ownership Options. The developer of the tract may choose any of the
following methods, either individually or in combination, for the
ownership of the common facilities. Common facilities shall not be
transferred to another entity except for transfer to another method
of ownership permitted under this section, and then only when there
is no change in the common facilities or in the open space ratio of
the overall development. Ownership methods shall conform to the following:
(b)
Homeowners' Association. Common facilities may be held in common
ownership by a homeowners' association, subject to all of the provisions
for homeowners' associations set forth in state regulations and statutes.
In addition, the following regulations shall be met:
(1)
The applicant shall provide the municipality a description of
the organization of the proposed association, including its bylaws,
and all documents governing ownership, maintenance, and use restrictions
for common facilities;
(2)
The proposed association shall be established by the owner or
applicant and shall be operating (with financial subsidization by
the owner or applicant, if necessary) before the sale of any dwelling
units in the development;
(3)
Membership in the association shall be automatic (mandatory)
for all purchasers of dwelling units therein and their successors
in title;
(4)
The association shall be responsible for maintenance and insurance
of common facilities;
(5)
The bylaws shall confer legal authority on the association to
place a lien on the real property of any member who falls delinquent
is his dues. Such dues shall be paid with the accrued interest before
the lien may be lifted;
(6)
Written notice of any proposed transfer of common facilities
by the association or the assumption of maintenance for common facilities
must be given to all members of the association and to the municipality
no less than 30 days prior to such event; and
(7)
The association shall have adequate staff to administer, maintain,
and operate such common facilities.
(c)
Private Conservation Organization or the County. With permission
of the municipality, an owner may transfer either fee simple title
of the open space or easements on the open space to a private nonprofit
conservation organization or to the County provided that:
(1)
The conservation organization is acceptable to the municipality
and is a bona fide conservation organization intended to exist indefinitely;
(2)
The conveyance contains appropriate provisions for proper reverter
or retransfer in the event that the organization or Ocean County becomes
unwilling or unable to continue carrying out its functions;
(3)
The Greenway land is permanently restricted from future development
through a conservation easement and the municipality is given the
ability to enforce these restrictions; and
(4)
A maintenance agreement acceptable to the municipality is established
between the owner and the organization or Ocean County.
(d)
Dedication of Easements to the Municipality. The municipality
may, but shall not be required to, accept easements for public use
of any portion of the common land or facilities. In such cases, the
facility remains in the ownership of the homeowners' association,
or private conservation organization while the easements are held
by the municipality. In addition, the following regulations shall
apply:
(e)
Non-Common Private Ownership. Up to 100 percent of the required Greenway land may be included within one or more large "conservancy lots" of at least ten acres provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in Subsection 15-4.1A, and that the municipality is given the ability to enforce these restrictions.
f.
Maintenance of Greenway Land and Common Facilities.
1.
Unless otherwise agreed to by the board, the cost and responsibility
of maintaining common facilities and Greenway land shall be borne
by the property owner, homeowners' association, or conservation organization.
2.
The applicant shall, at the time of preliminary plan submission,
provide a Plan for Maintenance of Greenway Lands and Operation of
Common Facilities which shall be incorporated into the Developer's
Agreement.
3.
In the event that the organization established to maintain the Greenway
lands and the common facilities, or any successor organization thereto,
fails to maintain all or any portion thereof in reasonable order and
condition, the municipality may assume responsibility for maintenance,
in which case any escrow funds may be forfeited and any permits may
be revoked or suspended.
4.
The municipality may enter the premises and take corrective action,
including extended maintenance. The costs of such corrective action
may be charged to the property owner, homeowners association, conservation
organization, or individual property owners who make up a homeowners'
association and may include administrative costs and penalties. Such
costs shall become a lien on said properties. Notice of such lien
shall be filed by the municipality with the county clerk or county
registrar.
[Ord. #95-17, § 12; Ord. #2000-15, § 1;
Ord. #2002-11, § 2; Ord. #2003-09 §§ 2, 3]
a.
Permitted Uses.
1.
Agriculture.
2.
Detached single family dwellings.
3.
Farmettes in accordance with the requirements set forth in Subsection
15-4.1a3.
4.
(Reserved)
5.
(Reserved)
6.
(Reserved)
7.
Municipal, county, state and federal buildings and grounds including
but not limited to schools, parks, playgrounds, libraries, workshops,
warehouses, garages and storage yards.
8.
Golf courses.
9.
Family day care home.
10.
Cluster bonus option for open space. In order to promote the preservation
of open space, clustering of residential lots may be permitted in
accordance with the following:
(a)
Minimum tract size — 15 acres. For purposes of compliance
with the minimum tract size requirement of this subsection, noncontiguous
lots separated only by a common right-of-way and under common ownership
shall be in compliance with this subsection;
(b)
Area, yard and building requirements: In accordance with the
provisions of the R-40 Zone, provided the tract is in compliance with
the minimum open space dedication requirement of this subsection;
(c)
Minimum open space: 30 percent of the total lot area of the
tract dedicated to the Township of Plumsted or a homeowners association
to maintain the tract for open space and recreation purposes. The
open space parcel shall be deed restricted to open space and recreational
purposes in perpetuity. The form of the restriction shall be approved
by the land use board attorney;
(d)
All new building lots shall have frontage on a municipal (interior)
street. All new building lots shall not have driveway access to a
county or collector road.
11.
Essential services.
b.
Accessory Uses and Buildings.
1.
Private garage, tool shed.
2.
Professional offices in residences as defined herein.
3.
Home occupation as defined herein.
4.
Customary farm buildings for the storage of products or equipment
or for the processing of farm products which are produced on the same
parcel as the principal use.
5.
Roadside stands in connection with a farm operation, for the purpose
of display and sale of farm products.
[Ord. #95-17 § 13; Ord. #2002-11, § 3]
a.
Permitted Uses.
1.
Agriculture.
2.
Detached single family dwellings.
3.
Farmettes in accordance with the requirements set forth in Subsection
15-4.1a3.
4.
Lot Averaging. In recognition of the need to provide alternative
development techniques to preserve farmland and open space so as to
protect the rural character of the Township, lot averaging, as set
forth in this subsection may be permitted in accordance with the following:
(a)
Minimum tract size: 20 acres.
(b)
Minimum lot size: One acre.
(c)
Maximum lot size: (for purposes of calculating average lot size):
Three acres.
(d)
Average lot size: Two acres.
(e)
Minimum lot width: 150 feet.
(f)
Minimum lot frontage: 100 feet.
(g)
Minimum front yard setback: 60 feet.
(h)
Minimum rear yard setback: 40 feet.
(i)
Minimum side yard setback: 20 feet.
(j)
The principal use of all lots created pursuant to this subsection
shall be for detached single family residences.
5.
Clustering (Farmland Preservation Bonus). In order to encourage and
promote the preservation of large contiguous areas of mature upland
forest area and farmland, and protect the rural character of the Township
yet allow for compatible residential development, clustering of residential
lots may be permitted in accordance with the following:
(a)
Minimum tract size: 50 acres.
(b)
Maximum number of detached single family building lots to be
based upon the following formula:
|
Maximum number of building lots
|
=
|
number of base building lots
|
+
|
number of bonus building lots
|
(1)
The "number of base building lots" shall be determined by the development of a "yield map", which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-2 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[1] The "yield map" shall depict the location of wetlands
regulated pursuant to the New Jersey Freshwater Wetlands Protection
Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the
required lot area for all proposed lots shall be outside of such regulated
wetlands and have direct access to a proposed street.
(2)
The number of "bonus building lots" shall be determined in accordance
with the following formula:
|
Number of bonus building lots
|
=
|
Acres of contiguous non-wetlands farmland and/or mature forest
area to be preserved and/or restricted to agricultural use over 25
acres
|
x 1.0
|
(d)
Areas of mature upland forest proposed to be preserved shall
be restricted via perpetual easement in a form approved by the planning
board attorney, subject to the exceptions set forth in this subsection.
(e)
Farmland to be preserved shall be deed restricted in perpetuity
to agricultural use except as otherwise provided in this subsection.
(f)
The following standards shall apply to lands proposed to be
preserved, conserved or otherwise remain in perpetual open space under
the cluster (farmland preservation bonus) development alternative:
(1)
All on-site lands to be deed restricted for agricultural use
or subject conservation easement shall be sized and situated to the
maximum extent practicable to give due consideration to the presence
of mature forest and agricultural lands on adjoining properties so
as to promote the preservation of large contiguous areas of mature
forest and/or farmland.
(2)
The planning board shall determine that the size, natural capabilities,
location configuration and historical use of areas to be deed restricted
for farmland afford a realistic opportunity for such use.
(3)
No area to be deed restricted for agricultural use shall contain
less than 25 contiguous acres.
(g)
Notwithstanding the provisions of this subsection, a lot created
for the preservation of farmland and/or mature forest may contain
one detached single family dwelling, providing however, such dwelling
shall be included in the calculation of the maximum number of building
lots permitted.
(h)
Further restriction, approved as to form by the planning board
attorney, shall be placed on all lots subject to conservation easement
or deed restricted for agricultural use as provided in this subsection
prohibiting further subdivision of the lot unless specifically authorized
by future amendment to the Plumsted Township Code permitting such
further subdivision of a lot created pursuant to this subsection.
(i)
Notwithstanding the provisions of Subsection 15-4.3a5(h) further
subdivision of a lot created pursuant to this subsection and subject
to a conservation easement or deed restriction for agricultural use
shall be permitted subject to the following:
(1)
Not more than three additional building lots to be utilized
for detached single family residents shall be permitted.
(2)
The reservation of the right to such future subdivision shall
have been declared at the time of approval of the cluster (farmland
preservation bonus) development alternative and the right to the specified
number of future lots is reflected in the deed to such property.
(3)
The number of building lots reserved for future subdivision
shall be included in the count of the maximum number of building lots
permitted pursuant to Subsection 15-4.3a5(b).
(5)
In calculating the maximum number of building lots permitted
and number of bonus building lots earned, appropriate area reductions
shall be made for any building lots so reserved.
(6)
The area of any previously reserved lot created by further subdivision
shall not exceed 40,000 square feet.
(7)
Any further subdivision to create all or a portion of the building
lots reserved pursuant to this subsection shall require subdivision
approval by the planning board.
(8)
The lots created by any further subdivision to create all or
a portion of the building lots reserved pursuant to this subsection
shall be located so as not to adversely impact, or be adversely impacted
by, the use of any of the agricultural uses of the remainder of the
property.
(9)
Nothing herein shall prohibit the further subdivision of a lot
deed restricted for agricultural use provided said subdivision is
for agricultural purposes and said restriction is continued in the
deeds of all lots created.
6.
Cluster (Reduced Lot Size) Development. In accordance with the regulations
of this subsection, an owner, developer or subdivider may elect to
develop lots for single-family detached dwellings in a manner which
will preserve desirable open spaces, farmland and mature forest areas
compatible with residential uses by permitting a reduction of lot
sizes and the application of certain other regulations hereinafter
stated without increasing the number of lots in the total areas to
be developed.
(a)
Required findings by planning board. Prior to granting approval
of any cluster (reduced lot size) development, the planning board
must find that:
(1)
The proposal will produce economy in layout and design.
(2)
The open space created by the proposal promotes active recreation
(including golf courses) or serves to preserve farmland or mature
upland forest areas.
(3)
The methods and arrangements proposed by the developer are adequate
to assure the viability and permanence of the maintenance of the proposed
open space for its intended use.
(4)
The proposal is consistent with the intent, purposes, goals
and objectives of the master plan.
(b)
Minimum tract size: 20 acres.
(c)
The maximum number of detached single family building lots shall be determined by the development of a "yield map", which shall be an approvable layout plan of the tract prepared in accordance with the design standards of § 14-7 and the bulk requirements for detached single family residential lots in the RA-2 Zone as set forth in the "Schedule of Area, Yard and Building Requirements."[4] The "yield map" shall depict the location of wetlands
regulated pursuant to the New Jersey Freshwater Wetlands Protection
Act (N.J.S.A. 13-9B-1 et seq.) and a minimum of 50 percent of the
required lot area for all proposed lots shall be located outside of
such regulated wetlands and shall have direct access to a proposed
street.
(d)
Area, yard and setback requirements. As required in the "Schedule
of Area, Yard and Building Requirements" of the R-40 Zone.1
(e)
Open space requirements. The following requirements shall be
applicable to open space created pursuant to this subsection:
(1)
A minimum of 45 percent of the tract shall be set aside for
open space.
(2)
Open space shall, to the maximum extent practicable, be in large
contiguous areas situated to give due consideration to the presence
of mature forest and agricultural lands on adjoining properties.
(3)
No area less than 50 feet in width or less than five contiguous
acres shall be considered open space for the purposes of determining
compliance with the open space requirement of this subsection.
(4)
Golf courses shall be considered open space for the purposes
of this subsection.
(5)
All lots created under the provisions of this subsection shall
be deed restricted whereby further subdivision of the lot is expressly
prohibited unless specifically authorized by future amendment to the
Plumsted Township Code permitting such further subdivision of a lot
created pursuant to this subsection. The deed restriction shall be
binding upon the successors and assigns in title and to the benefit
of, and enforceable by the Township of Plumsted.
7.
Municipal, county, state and federal buildings and grounds including
but not limited to schools, parks, playgrounds, libraries, workshops,
warehouses, garages and storage yards.
8.
Golf courses.
9.
Family day care home.
10.
(Reserved)
11.
Essential services.
b.
Accessory Uses and Buildings.
1.
Private garage, tool shed.
2.
Professional offices in residence as defined herein.
3.
Home occupation as defined herein.
4.
Customary farm buildings for the storage of products or equipment
or for the processing of farm products which are produced on the same
parcel as the principal use.
5.
Roadside stands in connection with a farm operation, for the purpose
of display and sale of farm products.
[Ord. 83A, § 4.01; Ord. #87A; Ord. #100A; Ord.
#92-13; Ord. #95-17, §§ 6-10; Ord. #2002-11, § 4]
a.
Permitted Uses.
1.
Agriculture.
2.
Detached single family dwellings.
3.
Municipal, county, state and federal buildings and grounds including
but not limited to schools, parks, playgrounds, libraries, workshops,
warehouses, garages and storage yards.
4.
Golf courses.
5.
Family day care home.
6.
(Reserved)
7.
Essential services.
b.
Accessory Uses and Buildings.
1.
Private garage, tool shed.
2.
Professional offices in residence as defined herein.
3.
Home occupation as defined herein.
4.
Customary farm buildings for the storage of products or equipment
or for the processing of farm products which are produced on the same
parcel as the principal use.
5.
Roadside stands in connection with a farm operation, for the purpose
of display and sale of farm products.
[Ord. #95-17, § 14]
b.
Permitted Accessory Uses of Buildings and Structures Are as Follows:
2.
Off-Street Parking. Two off-street parking spaces per dwelling unit. Off-street parking for other uses in accordance with Subsection 15-5.10.
3.
Sheds (garden, tool or storage).
5.
Other customary accessory uses, buildings and structures which are
clearly incidental to the principal use and building, including facilities
for maintenance and administration, streets and off-street parking
facilities.
c.
Area, Yard and Building Minimum Requirements. No building, structure
or land shall be used or erected, altered, enlarged or maintained
except for a mobile home park within the area which is in accordance
with a site development plan approved by the municipal agency. Such
site development plan shall meet at least the following minimum requirements.
|
Requirements
|
Zoning District MHP
|
|---|---|
|
Tract requirements
| |
|
Tract area (square feet)
|
100 acres
|
|
Mobile home space requirements
| |
|
Space area (square feet)
|
8,000
|
|
Space width (feet)
|
60
|
|
Mobile home location requirements
| |
|
Distance between units
| |
|
(side to side) (feet)
|
20
|
|
Distance between units
|
30
|
|
(end to end) (feet)
|
50
|
|
Distance of unit from public right-of-way (feet)
|
30
|
|
Distance of unit from internal street (feet)
|
30
|
|
Distance of unit from rear and side tract boundaries, each (feet)
| |
|
Accessory building requirements
| |
|
Sheds (garden, storage, or tool)
| |
|
Front yard setback (feet)
|
Not permitted
|
|
Rear yard setback (feet)
|
3
|
|
Side yard setback (feet)
|
3
|
|
Maximum building height (feet)
|
12
|
d.
Density.
1.
The maximum permitted gross residential density in an MHP District
shall be one and eight tenths dwelling units/acre.
e.
Operation and Maintenance. All internal improvements shall be owned,
operated and maintained privately, that is, by a private owner or
homeowner's association. The Township shall not be responsible for
the provision, operation or maintenance of any on-site facilities
or services including but not limited to the following: sanitary and
storm sewers; potable water; other utilities; street lighting; snow
removal; solid waste collection; disposal and recycling; and street
maintenance.
[Ord. #83A, § 4.06; Ord. #92-13; Ord. #95-17, §§ 14—17;
Ord. #1997-30, § I]
a.
Permitted Uses.
1.
Grocery and food store.
2.
Drugs and pharmaceuticals.
3.
Stationery, confectionery and tobacco.
4.
Hardware and paints.
5.
Bakery, provided goods are sold at retail only.
6.
Books, periodicals and newspapers.
7.
Alcoholic beverages.
8.
Farming and agricultural uses.
9.
Service establishments of and similar to the following uses:
10.
Automobile and truck sales and service.
11.
Automobile service stations, provided, however, gasoline pumps for
dispensing gasoline shall not be located closer than 35 feet from
the street right-of-way.
12.
Department or dry goods store.
13.
Bar, tavern or cocktail lounge.
14.
Farming and agricultural uses.
15.
Child care centers.
16.
Essential services.
[Ord. #83A, § 4.07; Ord. #92-13; Ord. #95-17, §§ 14,
18, 19; Ord. #1997-30, § I]
a.
Permitted Uses.
1.
Any use considered to be of a retail or wholesale nature.
2.
Auto, truck and trailer sales, service, storage and repair, provided,
however, that dismantled or junked cars, or parts of cars unfit for
operation on the highway shall not be stored or sold on the premises.
Automobile service stations, provided all gasoline pumps or appliances
for dispensing gasoline shall be located not less than 30 feet from
the street right-of-way, nor shall a service station be erected or
located closer than 2,000 feet from any other service station as measured
along the street line.
3.
Bowling alleys, skating rink or similar places of commercial entertainment.
4.
Commercial car wash.
5.
Drive-in or open-air restaurant or convenience food or beverage establishment.
6.
Hotels and motels.
7.
Offices of a commercial or business nature where the business conducted
on the premises is entirely within a completely enclosed building
or where outside storage of supplies or equipment complies with regulations
of bulk storage provided herein.
8.
Sales, service and repair establishments dealing with miscellaneous
machinery, cabinets, electrical heating, air conditioning, plumbing
or printing.
9.
Taverns, bars or cocktail lounges.
10.
Restaurants, diners, etc., including the sale of alcoholic beverages.
11.
Farming and agricultural uses.
12.
Child care centers.
13.
Essential services.
[Ord. #83A, § 4.08; Ord. 3/14/77; Ord. #92-13;
Ord. #95-17, § 14, 20, 21; Ord. #2002-18, § 1;
Ord. #2004-05, § 3; Ord. #2005-15, § 3]
a.
Permitted Uses.
b.
The C-4 Commercial Zone shall incorporate by reference all applicable
provisions of the "New Egypt Redevelopment Plan (Amendment #1, Ordinance
No. 2005-15)" dated July, 2005 pursuant to N.J.S.A. 40A:12A et seq.
d.
Off-Street Parking Requirements. As required in § 15-5 except that the planning board may waive or alter those requirements if they determine that such waiver or alteration would benefit the community.
[Ord. #83A, § 4.10; Ord. 3/11/85, § 1;
Ord. #92-13; Ord. #95-17, §§ 14, 22, 23; Ord. #2002-09, § 1;
Ord. #2004-05, § 4; Ord. #2005-15, § 4; Ord. #
2012-02, § 1]
a.
Permitted Uses.
1.
Activities of a limited industrial or manufacturing nature, or industrial
process which does not involve the emission of toxic, obnoxious, or
corrosive fumes, dust, vapor, odor or gas, nor objectionable noise,
glare, flashes or effluents in excess of the performance standards
listed below.
2.
Research, testing, dental or similar laboratories.
3.
Professional or commercial office or administrative buildings.
4.
Warehouse or terminal facilities.
5.
Lumber yard or similar storage areas.
6.
Retail sale of products produced or manufactured on the premises
of a principal use.
7.
Radio or T.V. towers.
8.
Farming and agricultural uses.
9.
Child care centers.
10.
Essential services.
b.
The Light Industrial Zone shall incorporate by reference all applicable
provisions of the "New Egypt Redevelopment Plan (Amendment #1, Ordinance
No. 2005-15)" dated July, 2005 pursuant to N.J.S.A. 40A:12A et seq.
c.
Performance Standards.
1.
Dissemination of smoke, dust, odors, fumes and other noxious gases
shall be within the limits of industrial tolerance standards of the
State Department of Health, the State Department of Labor and Industry
and the State Department of Environmental Protection.
2.
Liquid wastes and effluents shall be discharged into an approved
existing sewage treatment plant in accordance with the plant's regulations
or the producing facility shall treat its own wastes and effluents
in a treatment plant or process which is in compliance with State
Statutes, with the requirements of the State Department of Health
and the State Department of Environmental Protection.
3.
Precaution against fire hazards, radiation, explosion, proper handling
and storage of materials and structural design, and safeguards for
the health of workers shall comply with the State Statutes and requirements
of the State Department of Labor and Industry.
4.
No building permit shall be issued for the construction of any industrial
or manufacturing use unless the applicant demonstrates that he has
received all of the permits and approvals which the State of New Jersey
requires in regard to the establishment of industrial or manufacturing
uses.
d.
Lot Area and Yard Requirements. As provided in the attached schedule
entitled, "Schedule of Area, Yard, and Building Requirements."[1]
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter
[Ord. #95-17, § 24]
[Ord. #98-02, § 1]
a.
Permitted Uses.
1.
Businesses limited to professional offices occupations with no retail
facilities permitted on site.
b.
(Reserved)
c.
Minimum Lot Area and Yard Requirements.
1.
Shall be in conformance with requirements of the C-2 Zone.
d.
Off-Street Parking.
1.
Commercial vehicles are prohibited from being parked on site for
more than twelve (12) hours.
2.
Commercial vehicles are prohibited from being parked on site during
the overnight hours from 10:00 p.m. to 6:30 a.m.
3.
Lights in the parking lot on site must be turned off no later than
9:30 p.m.
4.
On-site parking shall be in conformance with the requirements of
the C-2 Zone.
g.
Non-Permitted Uses.
1.
Adult book stores, or other commercial enterprises that conduct retail
trade in pornographic material.
2.
Government offices unless specifically permitted by the Planning
Board.
3.
All commercial and/or retail uses including, but not limited to:
(a)
No business will be permitted which derives its income from
the display of goods which are located on site.
(b)
No food sales.
(c)
No drug stores.
(d)
No stationery stores.
(e)
No Division of Motor Vehicle Offices.
(f)
No tattoo, massage or body piercing parlors.
(g)
No billiard halls.
(h)
No entertainment facility.
(i)
No post offices.
(j)
No recreation facilities.
(k)
No car washes.
(l)
No hotels or motels.
(m)
No dry cleaning facilities.
(n)
No hair or nail facilities.
(o)
No grooming facilities.
[Ord. #19-99, § 3]
a.
Permitted Uses.
1.
Federal, state, county, and municipal buildings and grounds including
schools, libraries, museums, parks, golf courses, playgrounds, wildlife
management areas, conservation areas, offices and related facilities.
2.
Wildlife and woodland management and conservation areas owned by
private non-profit entities.
3.
Forestry in accordance with an approved management plan;
c.
Minimum Area, Yard and Bulk Requirements: None
[Ord. No. 2016-16]
a.
Permitted Uses.
1.
Grocery and food store.
2.
Drugs and pharmaceuticals.
3.
Stationery, confectioner and tobacco.
4.
Hardware and paints.
5.
Bakery, provided goods and sold at retail only.
6.
Books, periodicals and newspapers.
7.
Alcoholic beverages.
8.
Farming and agricultural uses.
9.
Service establishments of and similar to the following uses:
10.
Automobile and truck sales and service.
11.
Automobile service stations, provided, however, gasoline pumps
for dispensing gasoline shall not be located closer than 35 feet from
the street right-of-way.
12.
Department or dry goods store.
13.
Bar, tavern or cocktail lounge.
14.
Child care services.
15.
Essential services.
16.
Any use considered to be of a retail or wholesale nature.
17.
Auto, truck and trailer sales, service, storage and repair.
Provided, however, that dismantled or junked cars, or parts of cars
unfit for operation on the highway shall not be stored or sold on
the premises.
18.
Bowling alleys, skating rink or similar places of commercial
entertainment.
19.
Commercial car wash.
20.
Drive-in or open-air restaurant or convenience food or beverage
establishment.
21.
Hotels and motels.
22.
Office of a commercial or business nature where the business
conducted on the premises is entirely within a completely enclosed
building or where outside storage of supplies or equipment complies
with regulations of bulk storage provided herein.
23.
Sales, service and repair establishments dealing with miscellaneous
machinery, cabinets, electrical, heating, air conditioning, plumbing
or printing.
24.
Restaurants, diners, etc., including the sale of alcoholic beverages.
25.
Sales, service, storage, repair, dismantling and assembly of
farm equipment tractors, construction equipment, lawn and landscape
equipment, recreation vehicles including jet skis, boats, snow mobiles,
motor cycles and vehicles and equipment not fit for operation on highways.
c.
Minimum Lot Area and Yard Requirements. As provided in the attached
schedule entitled, "Schedule of Area, Yard and Building Requirements."
Same as C-2 Zone Requirements.
g.
Exemptions for Certain Permitted Uses. Lots 7-11 and 13 in Block
46 which exist in the R-40 Zone prior to December 7, 2016 may have
a zoning permit issued for a permitted use without an appeal to the
Land Use Board provided that the building yard requirements are met
for the R-40 Zone.
[Ord. #83A, § 5.01; Ord. #90-19, § 8;
Ord. #92-13; Ord. #95-17, §§ 25, 26]
a.
Where applicable, no building shall hereinafter be erected and no
existing building shall be removed, structurally altered, rebuilt,
added to or enlarged, nor shall any land be used for any purpose other
than those included among the uses in each zone by this chapter and
meeting the requirements as set forth herein. Nor shall any open space
contiguous to any building be encroached upon or reduced in any manner,
except in conformity with all regulations designated in this chapter
for the zone district in which such building or space is located.
In the event of any unlawful encroachment or reduction, after the
adoption of this chapter, such building or use shall be deemed to
be in violation, and the certificate of occupancy shall become void.
b.
No lot utilized for single family residential dwelling purposes shall
contain more than one principal building except agricultural uses
where the residence and agricultural uses are permitted on the same
lot.
c.
All uses not expressly permitted or permitted conditionally in a
particular zone are prohibited.
d.
All yard areas facing on a public street shall be considered front
yards, and shall conform to the minimum front yard requirements for
the zone in which located.
e.
Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projection of
sills, chimneys, flues, buttresses, ornamental features and eaves,
provided, however that none of the aforesaid projections shall project
into the required yard area more than 36 inches. Unroofed entrance
porches or terraces which do not rise above the height of the floor
level of the ground shall not extend into any required yard more than
five feet.
f.
No person shall move into the Township from any other municipality
any used barracks, dwelling, garage or other building or structure.
g.
In all residential zones, except the R-10 zone, it shall be unlawful
to subdivide any parcel of land for residential use unless:
1.
All proposed lots and dwellings are to be served by both a public
or other central water and sewer system; or
2.
All of the following criteria are met:
(a)
All proposed lots have a minimum lot area of 40,000 square feet.
(b)
The minimum lot area set forth in Subsection 2(a) above shall
be increased in accordance with the following:
|
PERC RATE
(minutes/ inch)
|
LOT AREA INCREMENT
(Square feet)
|
PERME-ABILITY RATE
(in/hr)
| |||||
|---|---|---|---|---|---|---|---|
|
DEPTH TO SHWT (feet)
| |||||||
|
6
|
5
|
4
|
3
|
2
|
1
| ||
|
Up to 30
|
0
|
21,800
|
43,560
(1 acre)
|
65,300
|
87,000
|
N/A
|
2.0
|
|
30-35
|
7,260
|
29,060
|
50,800
|
72,500
|
N/A
|
2.0 - 1.4
| |
|
35-40
|
14,520
|
36,320
|
58,000
|
80,000
|
N/A
|
1.4 - 1.0
| |
|
40-45
|
21,780
|
43,560
(1 acre)
|
65,300
|
87,000
|
N/A
|
1.0 - 0.6
| |
|
45-50
|
29,000
|
50,800
|
72,500
|
N/A
|
0.6 - 0.4
| ||
|
50-55
|
36,300
|
58,000
|
80,000
|
N/A
|
0.4 - 0.3
| ||
|
55-60
|
43,560
|
63,300
|
87,000
|
N/A
|
0.3 - 0.2
| ||
(1)
|
[PERC RATE— 30
30
|
+
|
6'—DEPTH TO GROUNDWATER] x 43560
2
|
(2)
The following increments have been determined for various conditions
and shall apply. A percolation rate of 60 minutes per inch and greater
is not acceptable under state standards. All blank categories shall
have the maximum increment.
(3)
All state standards, specifically New Jersey Department of Environmental
Protection Standards for the Construction of Individual Subsurface
Sewage Disposal Systems.
h.
Farming is a permitted use in all zones, except C-4 zone.
i.
All classes
of cannabis establishments or cannabis distributors or cannabis delivery
services as said terms are defined in section 3 of P.L. 2021, c. 16,
but not the delivery of cannabis items and related supplies by a delivery
service shall be prohibited.
[Amended 4-3-2019 by Ord. No. 2019-02; 7-7-2021 by Ord. No. 2021-04]
[Ord. #83A, § 5.02]
Any land designated as open space on any plan requiring approval
of the Township board considering the application shall conform to
the following standards and regulations:
a.
If the land is not in its natural state, it shall be in or caused
to be in such a physical condition as to preclude its being or becoming
a nuisance, safety or health hazard, or in any way detrimental to
the community.
b.
No such land so dedicated shall be located in such remote areas as
to render it unusable for any purpose including but not limited to,
scenic, recreation, or natural study and function.
c.
Such land prior to being dedicated for open space shall not have
been used by such person or persons making the dedication for the
disposal of debris or fill, nor shall such materials be stored or
deposited on the lands during the development of adjoining land without
prior permission from the Township.
[Ord. #83A, § 5.03]
a.
All pumps shall be located outside of buildings on private property
and in no case within 35 feet of any property line.
b.
All automobile parts, dismantled vehicles and similar articles shall
be stored within an enclosed building.
c.
In no event shall a permit be granted for such a use located within
200 feet of a school, hospital, infirmary or church. A garage or filling
station shall not be deemed nonconforming through a subsequent erection
of the above uses.
[Ord. #83A, § 5.04]
On a corner lot in any residential district, no fence, wall,
hedge or other structure or planting more than two and one-half feet
in height shall be erected, placed or maintained within the triangular
area formed by the intersecting right-of-way lines and a straight
line adjoining the street lines at points which are 25 feet distant
from the point of intersection measured along the right-of-way lines.
[Ord. #83A, § 5.05]
Whenever a required setback as established by this chapter conflicts
with another regulation of this chapter such as landscaping, screening
or such other requirements, the greater dimension or requirement shall
apply.
[Ord. #83A, § 5.06]
The height limitations of this chapter shall not apply to church
spires, silos, belfries, cupolas, and domes not used for human occupancy,
nor to chimneys, ventilators, skylights, water tanks and necessary
mechanical appurtenances usually carried above the roof level. Such
features, however, shall be erected only to such heights as are necessary
to accomplish the purposes they are to serve and then only in accordance
with any other governmental regulations.
[Ord. #83A, § 5.07; Ord. #92-13; Ord. #95-17, § 27]
Where two or more nonconforming lots, held in one ownership,
created and remaining unaltered since August 11, 1975, either legal
or equitable, or subsequently come to be held in one ownership, and
the lots are not created by an approved subdivision, they shall be
considered a single lot of record for the purpose of this chapter,
and provisions of this chapter shall not thereafter be circumvented
or avoided by the willful sale or conveyance of a part or portion
of any parcel or parcels.
[Ord. #83A, § 5.08; Ord. #95-17, § 28;
Ord. #2002-10]
Accessory buildings or structures, except as otherwise permitted
in this chapter, shall be subject to the following regulations:
a.
Where an accessory building or structure is structurally attached
to a main building, it shall be subject to, and must conform to all
regulations of this ordinance applicable to the principal building.
b.
No detached accessory building or structure shall be located closer
than ten feet to any principal building.
c.
An accessory building or structure shall not be erected prior to
the establishment or construction of the principal building. This
provision shall not apply to accessory farm buildings and structures.
d.
Accessory buildings or structures shall not exceed 15 feet in height
unless they are farm buildings or if permission to exceed 15 feet
is obtained from the planning board. Building height for accessory
building shall be in accordance with the definition contained in Subsection
15-10a7 of this chapter.
e.
Accessory buildings or structures may not occupy more than 30 percent
of a required rear yard.
[Ord. #83A, § 5.09; Ord. #10-86, § 1;
Ord. #90-18, § 1; Ord. #96-12, § I]
Each principal use hereafter established which involves buildings
or structures for human occupancy shall be located and maintained
upon an improved dedicated street. If the right-of-way of the street
is less than 50 feet in width, the front building setback shall be
measured from a point 25 feet from the centerline of the existing
right-of-way.
Any person, corporation or partnership desiring to place a building
or structure on a parcel, or lot not abutting a street shall provide
ingress and egress thereto after proper application to the appropriate
administrative body and receiving approval therefrom following the
minimum standards for width and foundation as provided.
In addition thereto, the developer shall pay to the Township
road escrow account, an amount equal to the cost of improving the
street (one-half the street width times the distance to the closest
improved road) to current Township standards, said amount to be determined
by the Township engineer.
Where the lot or parcel abuts a street which is not fully improved
with a bituminous concrete surface, but which conforms to the balance
of the standards for a street in the land use ordinance, the developer
shall only be required to pay to the Township the sum stated in the
above subsection for the same purposes as stated therein.
a.
No permit for the erection of any building or structure shall be
issued unless the lot abuts a street giving access to such proposed
building or structure. Before any such permit shall be issued, (1)
such street shall have been certified to be suitably improved to the
satisfaction of the governing body, or such suitable improvement shall
have been assured by means of a performance guarantee, in accordance
with standards and specifications for road improvements approved by
the governing body, or (2) required road escrow amount as determined
by the Township engineer shall have been deposited with the Township.
c.
In the event an applicant requests a municipal body to consider a
private road access, the following conditions shall apply:
1.
The private road shall have a minimum 18 feet cartway within a minimum
30 foot right of way protected by recording a deed of easement in
the Ocean County Clerk's Office.
2.
The private road shall be constructed with a minimum of six inches
of gravel base and any other improvements required by the municipal
body or Township engineer. No certificate of occupancy shall be issued
without an inspection and approval by the Township engineer.
3.
Title to the property must be deed restricted against future subdivision
if the access easement is not upgraded to the Township standards for
an improved paved roadway.
4.
Title to the property shall provide and declare notice to all subsequent
purchasers or their assigns that the property contains a private easement
and cartway, rather than a public road, and said private road will
not be maintained, nor shall services be provided to it or upon it,
by the Township of Plumsted.
5.
In the event a right of way easement is necessary from adjacent property
owners, all property owners affected by the access right of way must
encumber their property by executing and recording a driveway maintenance
agreement. Said agreement shall set forth a maintenance contract to
ensure adequate funds and provisions have been established to preserve
and protect the viability of the private road. Said agreement shall
be reviewed and approved by the Township solicitor, or counsel to
the reviewing land use board. Said agreement shall further be recorded
with the Ocean County Clerk's Office.
6.
All applicants seeking relief under this section must post the appropriate
escrow fees for engineering, legal and professional services as required
by further ordinance of the Township.
[Ord. #83A, § 5.10; Ord. #87A; Ord. #100A; Ord.
7/9/84, § 1; Ord. #92-13]
In all zones in connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided offstreet parking spaces and parking
lot standards in accordance with the following requirements:
a.
Size and Access.
1.
Each dead storage bay of an offstreet parking space may be perpendicular
with the aisle, parallel with the aisle, or at any angle between 60
degrees and 90 degrees. No angle parking layout shall be permitted
with an angle less than 60 degrees, except by special permission of
the Township engineer. The following are minimum stall and aisle dimensions:
|
Stall Width
|
Stall Depth
|
Aisle Width
| |
|---|---|---|---|
|
Perpendicular (90°)
|
9 feet
|
18 feet
|
24 feet
|
|
Angle (60°)
|
9 feet
|
18 feet
|
22 feet*
|
|
Parallel
|
23 feet
|
9 feet
|
12 feet
|
|
*
|
Proportional from 20 feet at 60 degrees to 25 feet at 90 degrees.
|
2.
When the parking area is designed for angle parking, the stalls on
both sides shall, where practical, be inclined so as to permit a driver
approaching from either end of the aisle to have access to the stalls
on one side.
3.
All parking areas shall be bituminous concrete or Portland cement
paved and clearly marked and shall include barrier lines, lane lines,
directional arrows and stop lines.
4.
Entrance and exit drives from a street shall have a minimum width
of 16 feet for those carrying one-way traffic and 24 feet for those
carrying two-way traffic.
5.
All access drives shall provide a minimum corner curb radius of 15
feet.
6.
Exit and entrance drives shall be located as far as practical from
an intersection. However, such entrance or exit driveways need not
be located more than 500 feet from an intersection. Measurements shall
be taken for the purpose of locating the driveways from the curb line
of the intersection.
7.
No driveway shall be located less than ten feet from the side property
line or within 30 feet of an existing drive, whichever is greater.
8.
No property having a frontage of less than 100 feet shall have more
than one two-way driveway on one street. No property having less than
1,000 foot frontage shall have more than two driveways on one street.
Any frontage greater than 1,000 feet may have more than two driveways
on one street; however, the number, location, size and design shall
be subject to approval of the body, agency or official having jurisdiction
over the plan.
9.
Any of the above standards may be altered for good cause by the Township
board considering the application.
b.
Location of Parking.
1.
Whenever parking is allowed between the front building line and the
street line, whether by ordinance, special use permit or variance,
a safety island or raised median shall be provided separating the
street from the parking area in accordance with the following minimum
requirements:
(a)
The width of the safety island shall be that width between the
proposed street curb line to a point five feet inside the property
line. When this width is less than 15 feet, the parking area shall
be reduced to provide a minimum width for the safety island of 15
feet. All required tree and shrub planting shall be placed on the
on site portion of the safety island.
(b)
Safety islands shall be raised a minimum of six inches above
the adjacent parking area.
(c)
Safety island shall be topsoiled and seeded or otherwise landscaped,
except that they may, in the alternative, be constructed of maintenance-free
materials which provide a clear and unmistakable distinction between
the parking area and the safety island.
(d)
Notwithstanding the use of maintenance-free materials, there
shall be provided at least one deciduous tree, two and one-half inch
D.B.H. and three evergreen type shrubs for each 600 square feet of
island area.
(e)
No commercial signs, light standards or other aboveground obstructions
other than plantings shall be permitted in the safety islands.
(f)
All safety islands and landscaped areas shall be enclosed with
concrete curbs.
c.
Screening of Refuse Area. Those areas adjacent to or within the parking
area designated as refuse storage and pickup shall be properly screened
to prevent the unsightly display and the scattering of debris.
The following minimum requirements shall apply:
1.
The area shall be surrounded on at least three sides by a solid,
uniform fence or wall not less than five feet nor more than eight
feet in height and maintained in good condition. The wall of an adjacent
building may serve as one side. The fence shall be exempt from the
provisions of any ordinance of this Township regulating the height
of fences and requiring permits therefor.
2.
The opening in the screening wall or fence shall be so located as
to prevent the visual display of refuse from any adjacent parking
area or street.
d.
Screening of Equipment or Machinery. When the effective operation
of a building or structure or equipment within a building or structure
necessitates placing machinery, motors, generators, or similar devices
for cooling, heating or generating purposes, outside, visible from
ground level, it shall be screened from public view. The screening
may consist of any of the following materials:
1.
Densely planted evergreen shrubs which shall grow to not less than
five feet after one growing season.
2.
A solid and uniform fence at least five feet in height on four sides
of said equipment.
3.
Masonry wall at least five feet in height on four sides of said equipment.
4.
Any similar type of solid or uniform screening which will prevent
exposure of such equipment to public view.
The screening shall not be considered as a substitute for proper
measures or devices to assure the safety of persons and animals.
The above requirements shall not be construed to prevent an
opening in any required screening for maintenance purposes. However,
any such opening shall be made as inconspicuous as is possible so
as not to present any unsightly display of the equipment to public
view and access.
e.
No building or structure shall be erected or no major reconstruction
or change in use shall be made to an existing building or structure,
unless provisions shall be made for the location on the lot, concurrently
with the erection or major reconstruction or change in use, for offstreet
parking facilities providing adequate parking spaces for both automobiles
and bicycles on the basis of the following minimum requirements:
1.
Automotive Repair, Garage, Body Shop: One parking space for each
450 square feet of gross floor area.
2.
Automotive Sales Agency: One and one-half parking spaces for each
1,000 square feet of gross floor area for exclusive use of customers.
3.
Automotive Service Station: Five parking spaces for each service
bay, exclusive of vehicle service area. In no instance shall there
be less than five offstreet parking spaces.
4.
Banks, Savings and Loan, Etc.: One parking space for each 250 square
feet of gross floor area.
5.
Bar, Cocktail Lounge: One parking space for each 50 square feet of
gross floor area.
6.
Barber and Beauty Shop: Three parking spaces for each chair.
7.
Bowling Alley: Five parking spaces for each alley. Other commercial
uses within the same building shall be computed separately in accordance
with this chapter.
8.
Business Offices: One parking space for each 200 square feet of gross
floor area.
9.
Car Washes: Two parking spaces for each three employees plus offstreet
storage space equal to at least five times the number of cars that
can be in the wash process at one time. For self-wash or self-service
car washes, the requirement for employee parking shall be eliminated.
10.
Church, Temple or Chapel: One parking space for each four seats
in the main auditorium. Where no individual seats are provided, 20
inches of bench shall be considered as one seat.
11.
Community Club, Private Club, Lodge, etc.: One parking space
for each 125 square feet of gross floor area.
12.
Dwellings: One parking space for each dwelling unit for one
and two family dwellings.
13.
Dental or Medical Offices: One parking space for each 150 square
feet of gross floor area, plus one space for each doctor and/or employee.
14.
Drive-In Restaurant: One parking space for each 35 square feet
of enclosed floor area, plus one parking space for each four seats.
15.
Furniture, Appliance Stores, or Similar Types of Uses Requiring
Large Amounts of Storage Space: One parking space for each 450 square
feet up to 4,500, plus one parking space for each 800 square feet
of gross floor area above 4,500.
16.
Hardware, Auto Supply Stores: One parking space for each 450
square feet of gross floor area.
17.
Hotel, Motel: One parking space for each rental unit plus two
parking spaces for each three employees. Each commercial use within
the building shall be computed separately according to this section.
18.
Laundromats or Similar Coin Operated Cleaning: One parking space
for each four cleaning units or fraction of four cleaning units.
19.
Mortuary/Funeral Homes: One space for every 50 square feet in
slumber rooms, parlors, and funeral service rooms.
20.
Personal Service Establishment: One parking space for each 250
square feet of gross floor area, plus one space for each vehicle used
in connection with the business.
21.
Public and Private Utilities: Electrical substation, gas regulator,
water works, etc. One space for each vehicle stored on the premises
plus one parking space for each employee on the shift which has the
greatest number of employees.
22.
Restaurant, Cafe, Diner, etc.: One parking space for each 50
square feet of gross floor area.
23.
Retail Stores, Except Otherwise Specified: One parking space
for each 150 feet of gross floor area.
24.
Shopping Centers: Six parking spaces for each 1,000 square feet
of gross floor area for centers having less than 100,000 square feet.
Shopping centers having more than 100,000 square feet shall provide
parking at the rate of five and one-half spaces for each 1,000 square
feet of gross floor area.
25.
Warehouse, Wholesale, Machinery, or Large Equipment Sales: One
parking space for each 1,500 square feet gross floor area. Plus spaces
to accommodate all vehicles used in connection with the business.
f.
Miscellaneous. In computing the number of the above required parking
spaces, the following rules shall govern:
1.
Where fractional spaces result, the required number shall be construed
to be the nearest whole number.
2.
The parking space requirement for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the Township board considering the application.
3.
Nothing in the above requirements shall be construed to prevent the
joint use of offstreet parking facilities by two or more uses, provided
the total of such spaces shall not be less than the sum of the requirements
for various individual uses computed separately by the above requirements.
4.
All required parking facilities shall be located on the same lot
or parcel as the structure or use it shall serve, except as otherwise
allowed in the C-4 zone.
5.
No part of offstreet parking required by a structure or use shall
be included as part of an offstreet parking requirement of another
use unless substantial proof and assurances are established that the
use of this parking will not be simultaneous.
6.
All parking areas, passageways and driveways shall be surfaces with
a dustless, durable, all-weather pavement, clearly marked for car
spaces, except when provided in connection with one-family residences,
and shall be adequately drained, subject to the approval of the Township
engineer.
7.
All parking areas and driveways serving commercial and industrial
uses shall be illuminated adequately during the hours between sunset
and sunrise when the use is in operation. Adequate shielding shall
be provided to protect adjacent properties from the glare of such
illumination, and from that of automobile headlights, and also, to
prevent any glare or blinding effect upon any lane of moving traffic.
8.
All manufacturing or industrial uses in addition shall provide parking
at the rate of two spaces for each three employees, or open more space
for each 500 square feet of gross floor area. If the number of employees
or the gross square footage of the principal building cannot be determined
at the time of application, then sufficient land area shall be reserved
to provide a total number of spaces at the rate of one space for each
500 square feet of land of maximum lot coverage permitted.
9.
Special circumstances will allow alteration of the requirements of
this section by the Township board considering the application.
g.
Handicapped Parking. Every public building shall be provided with
parking spaces for handicapped persons in off-street parking areas
according to the guidelines established under N.J.S.A. 52:32-12.
[Ord. 3/3/88, § XII; Ord. #92-13]
Turn-around driveways, as defined in this chapter, shall be
required for all residential uses having direct access on all county
or municipal roads.
[Ord. #92-13]
Applicant may request a reduction in parking spaces up to a
20 percent reduction, so long as adequate open space is preserved
for future parking of the remaining 20 percent.
[Ord. #95-17, § 29]
In addition to the requirements of subsections 15-4.7 and 15-4.8 all proposed development in the C-2 and C-3 Zones shall meet the following requirements:
a.
To the maximum extent practicable, the proposed commercial development
limits the number of and maximizes the distance between, access drives
onto major roadways.
b.
The proposed development maintains the existing rural character of
the major roadway corridor through the preservation of existing vegetation
along the corridor and/or supplemental plantings and landscaping.
c.
The architecture of proposed structure and the layout and design
features of the proposed development are consistent with the maintenance
of the rural and aesthetic character of the area, particularly the
existing visual character of the major roadway corridor.
d.
Adequate buffering and screening provisions are included in the development
plan to protect existing and potential future residential development
of adjoining properties.
[Ord. #95-17, § 29]
a.
All proposed uses, other than single-family dwellings, shall provide
buffer areas along all side and rear property lines which abut areas
zoned for residential use and along front property lines on local,
minor collector and major collector streets which abut areas zoned
for residential use. Except as may otherwise be provided in this chapter,
the width of the buffer area shall be not less than ten feet or more
than 50 feet, in accordance with the minimum provided for in the following
schedule or as determined to be appropriate by the municipal agency.
b.
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
c.
No structure, storage of materials or parking of vehicles shall be
permitted within the buffer area, except that, where permitted by
the municipal agency, the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
d.
Prohibited Activities Within Buffer Areas:
1.
Removal, excavation, grading or disturbance of the soil.
2.
Dumping or filling with any materials.
3.
Erection of structures.
4.
Placement of pavements or any impervious cover.
5.
Destruction of plant life which would alter the existing pattern
of vegetation or cause substantial change of the buffer, including
but not limited to clear cutting, burning or application of herbicides.
e.
Conditional Activities. The following activities may be conducted
in buffer areas, provided that the activities are performed in a manner
that minimizes adverse effects to the buffer area:
1.
Normal property maintenance, which means activities required to maintain
lawfully existing artificial and natural features, and landscaping.
2.
Mowing of existing lawn or field.
3.
Pruning of trees and shrubs.
4.
Selective cutting of trees.
5.
Replacement of existing nonnative plants with either native or nonnative
species.
6.
Limited supplemental planting of nonnative species that will not
significantly change the character of the existing vegetational community
of the buffer area. The creation of lawn is not considered supplemental
planting.
7.
Planting of native species.
8.
Maintenance of artificial features, including the repair, rehabilitation,
replacement, maintenance or reconstruction of any previously authorized
serviceable structure.
9.
Temporary placement of scaffolds, ladders or construction supports
for a period not to exceed six months.
10.
Removal of human-made debris by nonmechanical means which does
not destroy woody vegetation.
[Ord. #95-17, § 29]
There shall be provided screening in accordance with the following
regulations:
a.
Location.
1.
The location of screening within buffer areas wider than 20 feet
shall be arranged in order to provide maximum protection to adjacent
properties and to avoid damage to or interference within desirable
existing plant material and shall be subject to approval by the municipal
agency.
2.
Those portions of the buffer area not included within the screening
strip shall either contain existing vegetation approved by the municipal
agency and/or be planted with trees and shrubs in accordance with
a landscaping plan approved by the municipal agency.
b.
Except as otherwise provided elsewhere in this chapter, the screening
area shall be a minimum of 20 feet in width and shall be planted with
evergreen trees approved by the municipal agency. Trees shall be planted
in two staggered rows eight feet apart and shall be between five and
six feet in height and shall conform to the current American Standard
for Nursery Stock sponsored by the American Association of Nurserymen,
Inc. Within each row, the trees shall be planted on six-foot centers.
c.
Where significant trees or significant native vegetation exists within
a screening area, they should be retained and supplemented with shade-tolerant
evergreen plantings to provide the equivalent of the required screening
as determined by the municipal agency.
d.
Where all proposed buildings, parking areas and other improvements
are located 100 feet or more from a property line abutting a residential
zone or use, the municipal agency may permit a screening area ten
feet in width planted with a single row of evergreen trees in a location
approved by the municipal agency, planted at five-foot intervals with
a minimum height of five feet to six feet to be substituted.
e.
The required height for a screening area shall be measured in relationship
to the elevation of the land at the nearest required rear, side or
front yard setback line of the abutting residential zone or use. Where
the average ground elevation of the location at which the screening
strip is to be planted is less than the average ground elevation at
the nearest required rear, side or front setback line on the abutting
residential zone or use, the municipal agency may require that the
height of trees planted in the required screening strip be increased
by an amount equal to the difference in elevation. Where the average
ground elevation of the location which the screening strip is to be
planted is greater than the average ground elevation at the nearest
required rear, side or front setback line on the abutting residential
zone or use, the municipal agency may permit the height of trees planted
in the required screening strips to be decreased by an amount equal
to one-half the difference in elevation, except that in no case shall
the required height be reduced to less than four feet.
f.
All trees in a screening area shall be watered weekly through the
first growing season. The developer shall construct an earth saucer
around each tree to hold water and fill with suitable mulch. Trees
shall be nursery-grown, balled and bagged, sheared and shaped, of
the required height and planted according to standards of the American
Association of Nurserymen, Inc.
g.
At the following locations within required screening areas, evergreen
shrubs with a maximum mature height of 30 inches or less, approved
by the municipal agency as to type, location and spacing, shall be
provided in lieu of the evergreen trees specified above:
h.
Waiver. The municipal agency, after recommendation by its professional
staff and environmental commission, and after examination and review,
may waiver, fully or partially, provisions of this section in heavily
wooded areas, in areas unsuitable for plantings or because of other
exceptional conditions and/or may require supplementary plantings.
[Ord. #95-17, § 29; Ord. #2009-10, §§ 2,
3]
No topsoil, subsoil, sand or gravel shall be removed from any property or site in any zone unless and until a soil removal permit and/or license shall be obtained or is exempted pursuant to Chapter 54 of the Code of the Township of Plumsted.
a.
Importation and Placement of Dredge Materials Prohibition. The importation
and placement of dredge materials onto any land within the Township
of Plumsted shall be prohibited unless the property owner complies
with the following conditions:
1.
The applicant must provide to the Township's Zoning Officer a permit
issued by the New Jersey Department of Environmental Protection, Office
of Dredging and Sediment Technology indicating they have received
approvals from that Department for the importation and placement of
said material.
2.
The applicant shall submit to the Plumsted Township Land Use Board
an application for a site plan approval and shall pay all appropriate
escrows and application fees therefore in accordance with the applicable
site plan schedule.
3.
The applicant shall be required to maintain an inspection escrow
account to pay for the Township Engineer to perform all site inspections
on at least a monthly basis. A minimum of two hundred fifty ($250)
dollars shall remain on deposit at all times with respect to this
escrow account.
[Added 11-6-2019 by Ord.
No. 2019-11]
a.
Purpose.
1.
The purpose of this section is to manage the importation and deposition
of soil/fill to protect the safety, public health, and general welfare
of the community and the environment. The adoption and enforcement
of this section does not exempt an applicant from other required local,
state or federal approvals or local Soil Conservation District requirements
and is meant to act in conjunction with all Soil Conservation District
requirements and other applicable requirements with regards to acceptability
and placement of soil/fill materials.
2.
This section does not apply to soil/fill imported for the purposes
of remediation pursuant to the Administrative Requirements for the
Remediation of Contaminated Sites (ARRCS, N.J.A.C. 7:26C) and Technical
Requirements for Site Remediation (N.J.A.C. 7:26E), operation and/or
closure of sanitary landfills (N.J.A.C. 7:26) or dredge repository
sites approved by state or federal agencies.
b.
Definitions.
1.
ACCEPTABLE SOIL/FILL
APPLICANT
CONSTRUCTION/DEMOLITION DEBRIS
CONTAMINATED PROPERTY
CONTAMINATED SOIL/FILL
DREDGED MATERIAL
FILL
PERMIT
PERSON
REMEDIAL ACTION
REMEDIATION
For purposes of this section, the terms used herein are defined as
follows:
Non-water-soluble, non-decomposable, inert solids such as
soil, subsoil, topsoil, sand, clay, loam, gravel, humus, rock, concrete,
brick, glass, and/or clay or ceramic products, free of construction/demolition
debris, garbage, refuse, or sludge and not containing concentrations
of one or more contaminants that exceed the New Jersey Department
of Environmental Protection (NJDEP) Residential Direct Contact Soil
Remediation Standards or Non-Residential Direct Contact Soil Remediation
Standards, whichever is more stringent, as set forth in N.J.A.C. 7:26D,
Remediation Standards.
The property owner requesting a soil importation permit as
provided for in this section.
Mixed-waste building material and rubble resulting from construction,
remodeling, repair, and demolition operations on houses, commercial
buildings, pavements and other structures that includes, but is not
limited to, treated and untreated wood scrap; tree parts, tree stumps
and brush; plaster and wallboard; roofing materials; corrugated cardboard
and miscellaneous paper; ferrous and nonferrous metal; non-asbestos
building insulation; plastic scrap; carpets and padding; and other
miscellaneous materials.
Any property, including but not limited to structures, sediment,
soil and water, that contains a contaminant which is present at such
levels or concentration as to require action pursuant to any federal
or state statutes or regulations.
Any soil/fill containing contaminants exceeding the current
requirements for the most stringent concentrations between the Non-residential
and Residential Direct Contact Soil Remediation Standards pursuant
to N.J.A.C. 7:26D, Remediation Standards.
Sediments removed from under a body of water such as, but
not limited to, a bay, harbor, lake, stream and river, removed during
a dredging operation that are displaced or removed to another location.
Material placed at a location for the purpose of filling
low areas, changing the contours of an area, stabilizing existing
grades and/or raising the grade of an area. "Fill" usually consists
of soil, but may also include non-water-soluble, non-decomposable,
inert solids, such as rock, gravel, brick, block, concrete, glass,
and/or clay or ceramic products or any combination thereof.
The official document issued by the Municipality approving
the soil importation application.
Includes an individual, firm, corporation, association, society
or partnership, or other business entity and their agents or employees.
As defined in the Technical Requirements for Site Remediation
(Technical Requirements) at N.J.A.C. 7:26E-1.8, those actions taken
at a contaminated site as may be required by the Department, including,
without limitation, removal, treatment measures, containment, transportation,
securing, or other engineering or institutional controls, whether
to an unrestricted use or otherwise, designed to ensure that any contaminant
is remediated in compliance with the applicable remediation standards.
A remedial action continues as long as an engineering control or an
institutional control is needed to protect the public health and safety
and the environment, and until all unrestricted use remediation standards
are met.
As defined in the Technical Requirements at N.J.A.C. 7:26E-1.8,
all necessary actions to investigate and cleanup or respond to any
known, suspected, or threatened discharge, including, as necessary,
the preliminary assessment, site investigation, remedial investigation
and remedial action; provided, however, that "remediation" or "remediate"
shall not include the payment of compensation for damage to, or loss
of, natural resources.
c.
Permit required. No person shall cause the placement of any soil, as defined in § 54-4, on any premises in the Township of Plumsted whether such material be for sale or gift, unless a permit therefor is first secured from the Township Engineer or the Township Land Use Board as hereinafter provided.
d.
Exceptions and exemptions. A permit shall not be required when any
of the following exceptions/exemptions are applicable:
1.
Virgin quarry products including, but not limited to, rock, stone,
gravel, sand, clay and other mined natural products.
2.
Fill for septic tanks or sanitary installations provided a permit
has been issued by the Construction Official and/or Department of
Health as required by law.
3.
The placement of soil in and upon lands enrolled in the Soil Conservation
Program of the Ocean County Soil Conservation District, Department
of Agriculture Soil Conservation Service and for which lands an approved
farm plan has been established by said agency.
4.
The placement of any soil undertaken in furtherance of a subdivision
or site plan approval issued by the Township of Plumsted Land Use
Board.
5.
The placement of any soil in furtherance of an environmental site
remediation that is supervised by a licensed site remediation professional.
6.
The storage of sand, soil, stone, topsoil, mulch or other similar
materials on lawfully existing landscaping and contractor yards.
7.
Minor filling associated with landscaping activities at any property
where less than 100 cubic yards, per year, of acceptable soil/fill
material is being deposited.
8.
Acceptable soil/fill material being moved from one section of an
owner's property to another section of the same property.
9.
The Township and any of its commissions/boards are exempt from any
fees associated with this ordinance.
10.
The Mayor and Township Committee shall have the right, upon
written request to grant partial or complete waivers from the requirements
of this section for any volunteer or nonprofit group or charitable/religious
organization.
e.
Application for minor permit. The property owner receiving the soil/fill
material is responsible for obtaining the permit.
1.
Application for a soil importing permit is required for 100 to 500
cubic yards. It shall be filed with the Township Engineer who shall
issue the permit based upon finding substantial compliance with the
provisions of this section; provided, however, the Township Engineer
shall have the authority to deny a permit if it is determined that
the placement of soil would be detrimental to the health, safety or
welfare of the general public. The approval or denial shall be provided
to the applicant within 30 business days of the Township Engineer's
receipt of the application. In the event the Township Engineer has
not responded within that time frame, the applicant shall be notified
via regular mail or email that additional time is required.
2.
Application for a soil importing permit shall be accompanied by a
fee calculated in accordance with Subsection j.
3.
The application shall set forth the following:
(a)
Name and address of the applicant.
(b)
Name and address of the owner, if other than the applicant.
(c)
Executed authorization/permission from the property owner to
conduct any and all activities that are set forth in the permit.
(d)
The description and location of the land in question, including
the tax map block and lot numbers.
(e)
The purpose or reason for placement of soil/fill.
(f)
The nature and quantity, in cubic yards, of soil/fill to be
imported.
(g)
The source of material to be used as soil/fill and certification
that the soil/fill can be considered "clean fill" as regulated by
local and state regulations, as per DEP standards for residential
clean fill.
(h)
Source from where the soil/fill is coming to be shown on the
plans, including tax lot and block; owner's name and municipality.
(i)
The location to which the soil/fill is to be placed.
(j)
The proposed date of completion of the soil/fill (no permit
shall be issued for a period greater than one year from the date of
issue).
(k)
Other supporting documentation as required to adequately address
and comply with the purpose and the provisions of this section.
(l)
An approved soil erosion and sediment control permit (if applicable).
f.
Major soil importing application referral to Land Use Board.
1.
The application for a major soil/fill importing placement permit,
defined as any application to import in excess of 500 cubic yards,
shall be referred to the Land Use Board for site plan approval. In
addition to complying with the requirements of Subsection a3, any
such application shall also be accompanied by a topographic map or
maps prepared and certified by a professional engineer, architect,
or landscape architect. The scale of said map shall not be more than
100 feet to the inch and shall include the following:
(a)
Key map.
(b)
Existing contour lines at five-foot intervals.
(c)
Proposed contour lines at five-foot intervals after the soil/fill
is placed on the parcel.
(d)
All existing structures, all existing roads and drainage within
200 feet of the property.
(e)
Location of all property lines.
(f)
Location of any wetlands, streams, or other environmentally
sensitive areas on the property.
(g)
Source from where the soil/fill is coming from shall be shown
on the plans, including tax lot and block; owner's name and municipality.
(h)
Location of any topsoil or fill storage areas.
(i)
Soil erosion and sediment control measures.
(j)
Cross sections of the soil/fill areas at fifty-foot intervals.
2.
The Land Use Board shall schedule a public hearing and shall notify
the applicant of the date of such hearing. The applicant shall provide
notice in accordance with Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq. Five days prior to the hearing, the applicant shall present
to the Township Land Use Board Secretary the following:
3.
The Land Use Board shall require an applicant to post the application
and escrow fees as may be required pursuant to site plan review.
g.
Factors to be considered in approving permits. The Township Engineer
(minor permit) and the Township Land Use Board (major permit) shall
be guided by and take into consideration the public health, safety
and general welfare and the general purposes of municipal planning.
Particular consideration shall be given to the following factors:
1.
Soil erosion by water and wind.
2.
Surface water drainage.
3.
Soil fertility.
4.
Lateral support of abutting streets and lands.
5.
Public health and safety.
6.
Land values and uses.
7.
Existing contours and topographic character of the land prior to
the placement of any soil/fill and proposed contours which will result
subsequent to the placement of soil/fill in accordance with the soil
fill application.
8.
Whether the proposed placement of soil is necessary and incidental
to the development of the property for its intended use or whether
the proposed placement of soil/fill constitutes primarily a commercial
activity.
9.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the municipality.
10.
Comments and recommendations of the Municipal Engineer.
h.
Issuance of permit and operating requirements.
1.
A permit shall be issued after the approval of the application by
the Township Engineer (minor permit) or by the Township Land Use Board
(major permit). The approval shall specifically list the total number
of cubic yards of soil/fill authorized to be placed on the property.
2.
If a permit is issued for the placement of soil/fill, the owner or
person in charge shall conduct the operations to ensure there are
no sharp declivities, pits or depressions, and in such a manner that
the area shall be properly leveled off, cleared of debris, and graded
to conform with the contour lines and grades as required and shown
on the approved plan.
3.
Soil/fill shall not be deposited or in any way placed upon adjoining
property or public roads. Any soil/fill or material resulting from
any such operation accumulating on any adjoining property or public
road shall be removed immediately upon notice to the permittee of
such accumulation.
4.
Upon completion of any operation delineated on the approved plan,
said area shall be properly leveled off, cleared of debris, and graded
to conform to the contours and grades as approved by the Township
Engineer or Land Use Board. A final as-built map for all major soil/fill
permits shall be submitted containing and complying with all requirements
as set forth in this section.
5.
Any soil/fill material temporarily stored shall not exceed a height
of 20 feet, and the maximum storage slope shall be 45°.
i.
Enforcement.
1.
The Zoning Officer or other official designated by the Township Committee
shall have the authority to enforce the provisions of this section
and to issue summonses to any person importing soil without a permit.
2.
The Township Engineer is designated as the official whose duty it
shall be to enforce the provisions of this section with respect to
persons importing soil with a permit. The Township Engineer shall
inspect the premises, at a minimum quarterly, for which permits have
been granted to ensure compliance with the terms of the permit and
of this section. As part of the application process the applicant
will acknowledge that the Township Engineer shall have the right to
enter upon the property in question for the purpose of examination
and inspection of the operation without advance notice.
3.
After notice and an opportunity to be heard before the Township Engineer
the permit of any person may be revoked or suspended for such period
as may be determined for any violation of the terms hereof or the
terms and conditions of any permit granted hereunder. In addition
to the revocation provided for herein, any person who violates this
section or any director or officer of a corporation who participates
in a violation of this section shall, upon conviction thereof, be
subject to a minimum fine of $2,000, or imprisonment for a period
not to exceed 90 days, or both. Each and every day that such violation
continues or exists shall be considered a separate and specific violation
of these provisions and not as a continuing offense.
4.
In addition to the penalties set forth in Subsection i2 above, the
Township shall have the right, but not the obligation, to pursue injunctive
relief in the Superior Court of New Jersey, Ocean County, including
but not limited to, requiring the removal of any soil imported without
a permit, testing to ensure no presence of contaminated soil, and
site restoration.
5.
Any person violating or failing to comply with any of the provisions
of this section shall, upon conviction thereof, be punishable by a
fine of not less than $100 nor more than $1,000, by imprisonment for
a term not to exceed 90 days or by community service of not more than
90 days, or any combination of fine, imprisonment and community service
as determined in the discretion of the Court. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
j.
Permit and inspection fees.
1.
The permit fee for a minor soil permit shall be $150 and an escrow
deposit for Township Engineer review of $500.
2.
The permit fee for a major soil permit of shall be $150 and an escrow
deposit with the Land Use Board of $3,000.
3.
The applicant shall be responsible for all fees of the Township Engineer
incurred in reviewing applications and making inspections prior or
subsequent to the issuance of a permit of any kind.
[Ord. #95-17, § 29; amended 12-7-2023 by Ord. No. 2023-20]
a.
The dumping of refuse, waste material or other substances is prohibited
in all districts within the Township.
b.
Refuse Containers/Dumpsters. A subsection requiring dumpsters and
other refuse containers that are outdoors or exposed to stormwater
to be covered at all times and prohibits the spilling, dumping, leaking,
or otherwise discharge of liquids, semi-liquids or solids from the
containers to the municipal separate storm sewer system(s) operated
by the Township of Plumsted and/or the waters of the state so as to
protect public health, safety and welfare, and to prescribe penalties
for the failure to comply.
1.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
REFUSE CONTAINER
STORMWATER
WATERS OF THE STATE
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Plumsted or other public body, and is designed
and used for collecting and conveying stormwater. MS4s[??] do not
include combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any waste container that a person controls whether owned,
leased, or operated, including dumpsters, trash cans, garbage pails,
and plastic trash bags.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
2.
Prohibited Conduct. Any person who controls, whether owned, leased,
or operated, a refuse container or dumpster must ensure that such
container or dumpster is covered at all times and shall prevent refuse
from spilling out or overflowing. Any person who owns, leases or otherwise
uses a refuse container or dumpster must ensure that such container
or dumpster does not leak or otherwise discharge liquids, semi-liquids
or solids to the municipal separate storm sewer system(s) operated
by the Township of Plumsted.
3.
Exceptions to Prohibition:
(a)
Permitted temporary demolition containers.
(b)
Litter receptacles (other than dumpsters or other bulk containers).
(c)
Individual homeowner trash and recycling containers.
(d)
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit.
(e)
Large bulky items (e.g., furniture, bound carpet and padding,
white goods placed curbside for pickup).
4.
Enforcement. This subsection shall be enforced by the Police Department
and the Construction Code Official or the Code Enforcement Officer
of the Township of Plumsted.
5.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a fine not to exceed $100.
[Ord. #95-17, § 29]
The operation of a junkyard, as defined herein, shall be a prohibited
use in all zoning districts.
[Ord. #95-17, § 29]
Mobile homes, as defined herein, shall be a prohibited use in
all zoning districts, excepting the Mobile Home Park Zone, as defined
herein.
[Ord. #95-17, § 29]
The processing of animals shall be prohibited in all zoning
districts. Animal processing shall include the curing, tanning, processing,
or finishing of hides, skins or fur; fat rendering; animal reduction;
and abattoirs.
[Ord. No. 2013-03; Ord. No. 2013-15]
a.
Accessory Solar Energy Systems.
1.
Purpose. The primary purpose of an accessory solar system, whether
arranged as a single solar panel or a solar panel array, shall be
to provide energy for the principal use and other permitted accessory
uses on the property where the accessory solar system is located and
shall not be for the generation of power to be sold for commercial
purposes. This provision shall not be interpreted to prohibit the
disposition of excess power generated from an accessory solar energy
system back to a public electric utility provider by which the principal
use is served.
2.
Roof-Mounted Solar Energy Systems.
(a)
Roof-mounted solar energy systems are permitted accessory uses
in all zones.
(b)
Installation of a roof-mounted solar energy system on an existing
structure in compliance with the provisions set forth herein shall
require a zoning permit. If, in the opinion of the Zoning Officer,
the installation of the solar energy system does not satisfy the provisions
of this subsection, the applicant shall be directed to file a site
plan or variance application with the Land Use Board.
(c)
A roof-mounted solar energy system constructed on a flat roof
shall not be more than six feet higher than the height of the finished
roof.
(d)
In no instance on roof-mounted installation on a sloped roof
shall any part of the system extend more than 12 inches above the
roof.
3.
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems equal to 40% of the principal
structure roof area or less of total solar panel surface shall be
a permitted accessory use in all zones, shall require a zoning permit
and are subject to the following standards:
(1)
Systems shall not be counted in the calculation of maximum impervious
coverage as regulated within the Land Development Ordinance.
(2)
Systems shall conform to the setback requirements for accessory
structures in side and rear yards and shall not be located in front
yards.
(3)
Systems shall not exceed ten feet in height.
(b)
Ground-mounted solar energy systems containing greater than
40% of the principal structure roof area in residential zones shall
require site plan approval from the Land Use Board.
(c)
No more than 1,500 SF of vegetation may be cleared for a ground-mounted
solar energy system without compensatory planting in accordance with
Subsection b7, below.
(d)
A ground-mounted solar energy system located within the Pinelands
shall require a Certificate of Filing from the Pinelands Commission
if not located on an existing impervious surface as required by the
Pinelands CMP.
(e)
Ground-mounted solar energy systems containing greater than
40% of the principal structure roof area require minor site plan approval,
prior to obtaining a zoning permit and are subject to the following
standards:
(1)
Systems shall not be counted in the calculation of maximum impervious
coverage as regulated within the Land Development Ordinance. Nevertheless,
design of the system shall comply with all stormwater, grading, and
soil disturbance regulations of the Land Development Ordinance;
(2)
Systems shall not be constructed in uninterrupted structures,
but shall be arranged so that no single contiguous panel area exceeds
40% of the principal structure roof area.
(3)
Systems shall conform to the setback requirements for accessory
structures in side and rear yards and shall not be located in front
yards.
(4)
Systems shall not exceed ten feet in height unless erected above
a parking lot, in which instance the system shall not exceed 18 feet
in height.
(5)
Systems shall be screened from public rights-of-way and adjacent
properties via fencing or landscaping.
b.
Principal Solar Systems.
1.
A solar array on land as the primary use of the land which consists
of one or more cell(s) designed to collect and convert solar power
into another form of energy that will be used for the generation of
power for the sale of energy to other users not on-site.
2.
Principal solar systems are not permitted in a residential zone.
3.
A principal solar system shall be permitted in all nonresidential
zones subject to specific criteria set forth below:
(a)
Shall be subject to site plan approval in accordance with the
Land Development Ordinance.
(b)
When located in the New Jersey Pinelands shall be subject to
all requirements of the Pinelands Comprehensive Management Plan.
(c)
Submit a stormwater management plan that demonstrates stormwater
will infiltrate into the ground post-development at a rate equal to
pre-development.
(d)
No more than 50% of the developable area of a site shall be
utilized for a solar energy system on properties that meet the definition
of an agricultural use.
(e)
All on-site utility and transmission lines shall be installed
underground.
(f)
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations or fence.
(g)
The applicant shall submit a plan for the removal of the principal
solar energy system including all solar panels, inverters, transmission
lines, electrical wires, storage houses, utility buildings and other
items related to the collection and generation of solar energy when
it becomes functionally obsolete.
(h)
At a minimum, a 25 foot wide access road must be provided to
the site.
(i)
At a minimum, a 12 foot wide cartway shall be provided between
solar panel racking systems to allow for maintenance vehicles and
emergency management vehicles.
4.
Setback Requirements: The purpose of setback standards is to preserve
the rural viewsheds along county and state roads in accordance with
Township, county and state master plans, protect existing residential
developments from abutting large scale utility operations and to mitigate
adverse noise impacts generated from large solar energy systems.
(a)
All setback requirements for all solar systems shall conform
to the "principal use" setbacks of the zoning district.
5.
Height. Ground-mounted panels shall not exceed 10 feet in height.
Height shall be measured from the mean finish grade to the top of
the solar panel.
6.
Fences. All mechanical equipment for the solar energy system including
any solar panels, invertors, buildings, structures for batteries or
storage cells, shall be completely enclosed by a minimum 12 foot high
fence. Fences are not permitted in the front, side or rear yard setbacks.
7.
General Buffer and Screen Composition.
(a)
Purpose and Applicability
(1)
Buffers and screens shall be included with all site plan applications.
(2)
The primary purpose of screening buffers is to preserve the
rural viewsheds along roads in accordance with Township, county and
state master plans, protect existing residential developments from
abutting large scale utility operations and to mitigate adverse noise
impacts generated from large solar energy systems, and protect the
rural character of Plumsted Township and adjacent properties.
(b)
A 50 foot screening buffer is required from all property lines.
(c)
Screening buffers shall consist of non-invasive shrubbery, trees,
and plants which provide an opaque screen. Native Pinelands vegetation
shall be used in Pinelands areas.
(d)
Screening buffers may be comprised of existing vegetation, natural
features, proposed new or transplanted vegetation, existing or proposed
fences or walls, and/or berms. When berms are included in a buffer
screen, then a curvilinear or naturalistic arrangement is required.
(e)
No structure, activity, storage of materials, or parking of
vehicles shall be permitted within a buffer area.
(f)
Screening buffers shall be designed, planted, graded, and developed
with the general guideline that buffer must obscure the solar energy
system and mitigate noises generated at the site.
(g)
Screening buffers shall contain two shade trees, two evergreen
trees, and 20 shrubs per 50 linear feet.
8.
A tree survey shall be performed and submitted as part of the site
plan to locate any trees with a caliper of four inches or greater.
For each tree of four inches or greater caliper removed for the project,
two trees shall be planted in compensation.
(a)
No more than 80% of the site shall be cleared in non-Pinelands
areas. In Pinelands areas, the project shall comply with Pinelands
standards.
9.
Roadways within the site shall not be constructed of impervious materials
and shall be designed to minimize the extent of roadways constructed
and associated soil compaction. Existing roadways need not be modified
unless required for emergency vehicle access.
c.
Development Standards for All Solar Energy Systems.
1.
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto nearby properties, businesses,
residences, or roadways. The applicant shall submit a certification
from an engineer or manufacturer that the design will not cause a
reflection or noise nuisance to adjacent property owners or flow of
traffic on nearby roadways.
2.
If a ground-mounted solar energy system is taken out of service,
it shall be removed and the area graded and reseeded within six months.
3.
All electrical and power lines shall be located underground.
4.
No part of a solar energy system shall be located in a front, side
or rear yard setback.
5.
No portion of the solar energy system shall contain or be used to
display advertising.
6.
Before construction commences on any solar energy system, the property
owner must acknowledge that he/she is the responsible party for owning
and maintaining the solar energy system.
7.
Ground-mounted solar energy facilities or structures covering an
area greater than 400 square feet face shall provide one or more of
the following beneath the structures: meadow grasses or agricultural
area for crops or grazing farm animals. They shall not be allowed
to store any material under the panels regardless of size. However,
to the extent that ground-mounted solar energy facilities or structures
are installed over an existing impervious surface, such as concrete
or asphalt, the provisions of this subsection shall not apply to such
solar energy system.
8.
Applicants are encouraged to enter into solar easements with neighboring
property owners in order to ensure continued access to sunlight for
solar energy systems.
9.
All solar energy facilities or structures, including but not limited
to associated electrical control equipment, wiring, and similar equipment
shall be labeled and secured to prevent unauthorized access or tampering.
10.
Abandonment.
(a)
Solar energy facilities or structures that are out of service
for a continuous 12 month period will be deemed to have been abandoned.
(b)
The Land Use Board may require as a condition of final site
plan approval that a deed restriction be filed to mandate/fund the
removal of the solar energy facilities or structures if operations
have been discontinued for 12 months.
(c)
Upon abandonment, the zoning officer or designee may issue a
notice of abandonment to the owner. The notice shall be sent via regular
and certified mail, return receipt requested, to the owner of record.
(d)
The land owner shall have 30 days to respond with documentation
to demonstrate that the solar energy facilities or structures have
not been abandoned. If such documentation is provided and is deemed
acceptable to the zoning officer, then he or she may withdraw the
notice.
(e)
Abandoned solar energy facilities or structures shall be removed
at the owner's sole expense within six months after the owner receives
the notice of abandonment from the municipality. If removed by the
owner, a demolition permit shall be obtained and the solar energy
facilities or structures and/or any related materials shall be removed
from the site and properly disposed. Upon removal, the site shall
be cleaned, restored and revegetated to its prior condition.
(f)
If solar energy facilities or structures are not removed by
the owner within six months of receipt of notice from the Township
that the solar energy facilities or structures have been deemed abandoned
and removal is required, the Township may unilaterally remove the
solar energy facilities or structures and place a lien upon the property
for the cost of removal.
[Added 12-1-2022 by Ord.
No. 2022-09; amended 7-6-2023 by Ord. No. 2023-08]
a.
Purpose. A subsection to prohibit the spilling, dumping, or disposal
of materials, including stored salt and other solid de-icing materials,
other than stormwater to the municipal separate storm sewer system
(MS4) operated by the Township of Plumsted so as to protect health,
safety and welfare, and to prescribe penalties for the failure to
comply.
b.
DE-ICING MATERIALS
IMPERVIOUS SURFACE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERMANENT STRUCTURE
1.
2.
3.
4.
5.
PERSON
STORMWATER
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Plumsted or other public body, and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the accessway from wind-driven rainfall). A fabric frame structure
shall be considered a permanent structure as defined within this chapter
if it meets all of the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design prevents stormwater run-on and run-through;
The structure is erected on an impermeable slab;
The structure is not open sided; and
The structure shall have a roll up door or other means of completely
sealing the accessway from rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
c.
Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by the Township of Plumsted is prohibited. The spilling,
dumping, or disposal of materials other than stormwater in such a
manner as to cause the discharge of pollutants to the municipal separate
storm sewer system is also prohibited.
d.
Exceptions to Prohibition.
1.
Water line flushing or discharges from potable water sources.
2.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters).
3.
Air-conditioning condensate (excluding contact and noncontact cooling
water).
4.
Irrigation water (including landscape and lawn watering runoff).
5.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows.
6.
Residential car-washing water, and residential swimming pool discharges.
7.
Sidewalk, driveway and street wash water.
8.
Flows from firefighting activities.
9.
Rinsing of Equipment.
(a)
Flows from rinsing of the following equipment with clean water:
(1)
Beach maintenance equipment immediately following their use
for their intended purposes; and
(2)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using drying cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
(b)
Rinsing of equipment, as noted in the above situation, is limited
to exterior, undercarriage, and exposed parts and does not apply to
the engines or other enclosed machinery.
10.
Township-approved events.
e.
De-Icing Material Storage Requirements. De-icing materials should
be stored in a permanent structure, if available. De-icing materials
may be stored in a permanent structure year round. The property owner
shall notify the Township of a designated person(s) responsible for
operations at the site where these materials are stored, and who shall
document that weekly inspections are conducted to ensure full compliance
with this subsection. Temporary outdoor storage of de-icing materials
in accordance with the requirements below is allowed between October
15 through April 15, but cannot exceed 30 calendar days total without
prior written approval from the New Jersey Department of Environmental
Protection:
1.
Materials shall be placed on a flat, impervious surface in a manner
that prevents stormwater run-through;
2.
Materials shall be placed at least 50 feet from surface water bodies,
storm drain inlets, and/or ditches or other stormwater conveyance
channels;
3.
Materials shall be formed in a cone-shaped storage pile;
4.
All storage piles shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of any and all piles;
(c)
The cover shall be free from all holes and tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind;
(e)
Weight shall be placed on all covers to minimize potential of
exposure as materials shift and runoff flows down to the base of the
pile. Sandbags lashed together with rope or cable, placed uniformly
over the flexible cover; or poly-cord nets provide a suitable alternate
method. Items that can potentially hold water, including but not limited
to tires, shall not be used.
5.
All temporary storage sites shall be free of de-icing materials from
April 16 until October 14 with no exceptions.
f.
Exceptions to De-Icing Storage Provision. Paragraph e does not apply
to facilities where the stormwater discharges from salt storage activities
are regulated under another NJPDES permit.
g.
Enforcement. This subsection shall be enforced by the Code Enforcement
Officer or the Police Department of the Township of Plumsted.
h.
Penalties. Any person(s) who continues to be in violation of the
provisions of this subsection, after being duly notified, shall be
subject to a fine of not less than $100 nor more than $1,000 per day.
[Added 12-1-2022 by Ord.
No. 2022-10]
a.
Purpose. An ordinance to prohibit illicit connections to the municipal
separate storm sewer system(s) operated by the Township of Plumsted,
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NONCONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Plumsted, unless that discharge
is authorized under an NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Nondomestic waste, including, but not limited to, those pollutants
regulated under Section 307(a), (b), or (c) of the Federal Clean Water
Act [33 U.S.C. § 1317(a), (b), or (c)].
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Plumsted or other public body, and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
c.
Prohibited Conduct. No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system operated by the Township of Plumsted any domestic sewage, noncontact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
d.
Enforcement. This subsection shall be enforced by the Police Department
or the Construction Code Official or the Code Enforcement Officer
of the Township of Plumsted.
e.
Penalties. Any person(s) who continues to be in violation of the
provisions of this subsection, after being duly notified, shall be
subject to a fine of not less than $100 nor more than $1,000 per day.
[Added 12-7-2023 by Ord.
No. 2023-19]
a.
Purpose. A subsection requiring the retrofitting of existing storm
drain inlets which are in direct contact with repaving, repairing,
reconstruction, or resurfacing or alterations of facilities on private
property, to prevent the discharge of solids and floatables (such
as plastic bottles, cans, food wrappers and other litter) to the municipal
separate storm sewer system(s) operated by the Township of Plumsted
so as to protect public health, safety and welfare, and to prescribe
penalties for the failure to comply.
b.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Plumsted or other public body, and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb- opening
inlet, slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface water or groundwater, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
c.
Prohibited Conduct. No person in control of private property (except
a residential lot with a single- or two-family house) shall authorize
the paving, repairing (excluding the repair of individual potholes),
resurfacing (including top coating or chip sealing with asphalt emulsion
or a thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with an existing storm drain inlet on that
property unless the storm drain inlet either:
d.
Design Standard. Storm drain inlets identified in paragraph c above
shall comply with the following standard to control passage of solid
and floatable materials through storm drain inlets. For purposes of
this paragraph, "solid and floatable materials" means sediment, debris,
trash, and other floating, suspended, or settleable solids. For exemptions
to this standard see paragraph d3 below.
1.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996); or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
|
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
|
2.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than 7.0 square inches, or be no greater than 2.0 inches across the
smallest dimension.
3.
This standard does not apply:
(a)
Where the municipal engineer agrees that this standard would
cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets that
meet these standards;
(b)
Where flows are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at minimum, to prevent delivery of all solid
and floatable materials that could not pass that through one of the
following:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; or
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
e.
Enforcement. This subsection shall be enforced by the Construction
Code Official or the Code Enforcement Officer of the Township of Plumsted.
f.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a fine not to exceed $100 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Added 12-7-2023 by Ord.
No. 2023-22]
a.
Purpose. To establish requirements for tree removal and replacement
in the Township of Plumsted to reduce soil erosion and pollutant runoff,
promote infiltration of rainwater in the soil, and protect the environment,
public health, safety, and welfare.
b.
APPLICANT
CRITICAL ROOT RADIUS (CRR)
DIAMETER AT BREAST HEIGHT (DBH)
HAZARD TREE
1.
2.
3.
4.
5.
PERSON
PLANTING STRIP
RESIDENT
STREET TREE
TREE
TREE CALIPER
TREE REMOVAL
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this subsection clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future; words used in the plural
number include the singular number; and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any person, as defined below, who applies for approval to
remove trees regulated under this subsection.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a six-inch DBH would have a CRR = six inches x 1.5 feet
= nine feet.
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or LTE.
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
The part of a street right-of-way between the public right-of-way
adjacent to the portion of the street reserved for vehicular traffic
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
An individual who resides on the residential property where
a tree(s) regulated by this subsection is removed or proposed to be
removed.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to (or specified distance from) the
portion of the street reserved for vehicular traffic. This also includes
trees planted in planting strips within the roadway right-of-way,
i.e., islands, medians, pedestrian refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
c.
Regulated Activities.
1.
Tree Replacement Requirements.
(a)
Any person who removes one or more street trees with a DBH of
2.5 inches or more, unless exempt under paragraph d, shall be subject
to the requirements of the Tree Replacement Requirements Table below.
(b)
Any person, other than a resident, who removes one or more trees(s)
with a DBH of six inches or more per acre, unless exempt under paragraph
d, shall be subject to the requirements of the Tree Replacement Requirements
Table. The species type and diversity of replacement trees shall be
in accordance with Appendix A (the municipality provided tree list).[1] Replacement tree(s) shall:
(1)
Be replaced in kind with a tree that has an equal or greater
DBH than tree removed or meet the Tree Replacement Criteria in the
table below;
(2)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(3)
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(4)
Shall not be planted in temporary containers or pots, as these
do not count towards tree replacement requirements.
|
Tree Replacement Requirements Table:
| ||
|---|---|---|
|
Category
|
Tree Removed
(DBH)
|
Tree Replacement Criteria
(see Appendix A)
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 feet (for non-street
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2.
Replacement Alternatives:
d.
Exemptions. All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption (the municipality shall define what "proper
justification" is such as photos or statements from NJ licensed tree
expert as per N.J.S.A. 45:15C-11 or arborist):
1.
Residents who remove less than four trees per acre that fall into
category 1, 2 or 3 of the Tree Replacement Requirements Table within
a five-year period. (The number of trees removed is a rolling count
across a five-year period. For example, if three trees from category
1 are removed in July 2023, the "count" resets to zero in July 2028.
However, if one tree from category 1 is removed in July 2023 and another
in July of 2025, the first tree will come off the count in July 2028
and second in July 2030.)
2.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers.
3.
Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan that is active and
on file with the municipality.
4.
Any trees removed as part of a municipal or state decommissioning
plan. This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
5.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental cleanup, or NJDEP approved habitat enhancement plan.
6.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
7.
Hazard trees may be removed with no fee or replacement requirement.
e.
Enforcement. This subsection shall be enforced by the Police Department,
the Construction Code Official or the Code Enforcement Officer of
the Township of Plumsted during the course of ordinary enforcement
duties.
f.
Penalties. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a fine of not less than $100
nor more than $1,000, by imprisonment for a term not to exceed 90
days or by community service of not more than 90 days, or any combination
of fine, imprisonment and community service as determined in the discretion
of the Municipal Court Judge.
[Ord. #95-17, § 30]
a.
General Standards and Principles. Recognizing that certain uses,
activities and structures are necessary to serve the needs and provide
for the convenience of the citizens of the Township of Plumsted and,
at the same time, appreciating the fact that they or any one of them
may be or may become harmful to the public health, safety and general
welfare of the community if located without due consideration to the
existing conditions and surroundings, such uses are designated as
conditional uses subject to the standards and regulations hereby established.
These standards and regulations are intended to provide the planning
board with a guide for reviewing applications for conditional uses
as provided for by this chapter. As a result of the review procedure,
the applicant may be required to meet additional standards and regulations
imposed by the planning board during site plan review which are in
keeping with and will further the intent of these standards and regulations.
Such standards and regulations shall be provided for and maintained
as a condition of the establishment and maintenance of any use to
which they are a conditional use approval. In acting upon an application
for conditional use approval, the planning board shall be guided by
the following general standards and principles.
1.
The use for which an application is being made is specifically listed
as a conditional use within the zone where the property is located.
2.
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to the following:
(a)
The adequacy of the proposed parking and traffic circulation
for the use(s) and/or structure(s) and the potential for traffic congestion
and/or the creation of undue traffic hazards.
(b)
The adequacy of proposed drainage facilities which will serve
the use(s) and/or structure(s).
(c)
The adequacy of plans for screening any adverse aspects of the
use(s) and/or structure(s) from adjoining properties.
(d)
The adequacy of proposed outdoor lighting.
3.
All conditional uses shall also be required to obtain site plan approval,
unless otherwise specified in this chapter.
4.
Conditional uses shall adhere to the standards of the zone in which
located and to the additional standards specified for the particular
use under this section, except where no additional standards are specified
herein.
[1]
Editor's Note: Former Subsection 15-6.1, Community Residences
for Developmentally Disabled and Community Shelters for Victims of
Domestic Violence, formerly codified herein and containing portions
of Ordinance No. 95-17 was repealed in its entirety by Ordinance No.
2002-11.
[Ord. #95-17, § 30]
Churches and places of worship may be permitted as a conditional
use in those zoning districts specified, provided that the lot, use
and structures shall adhere to the following:
a.
The required minimum lot shall be two acres.
b.
The required minimum lot width shall be 200 feet.
c.
The required minimum lot frontage shall be 200 feet.
d.
No principal building shall be located closer than 100 feet to any
public street right-of-way and no closer than 50 feet to any rear
or side property line.
e.
No accessory building or structure shall be permitted in any front
yard, nor shall any accessory building or structure be located closer
than 30 feet to any rear or side property line.
f.
The maximum permitted building coverage shall be 25 percent.
g.
The applicant shall submit a list of proposed activities and anticipated
participants, a timetable reflecting the hours in which each building
will be used and any other pertinent use and activities intended to
take place on the site.
h.
The property shall front, and the primary access to the site shall
be located, on a major roadway.
[Ord. #1999-10, §§ 1, 2]
Property located within the Township of Plumsted which has been
accepted into the New Jersey Farmland Preservation Program, and has
been restricted from development by the regulation governing the Farmland
Preservation Program, shall be permitted to subdivide a one acre single-family
residential lot regardless of the zoning district. The subdivision
must receive the approval of the Farmland Preservation Program.
a.
Purpose. The purpose of this section is to permit farmland to be
preserved by limiting the area of residential parcels to one (1) acre.
In zoning districts, which require minimum lot size in excess of one
(1) acre, a conditional permit may be issued if the one acre single-family
residential lot is subdivided from farmland preservation property.
By permitting the reduced area of single-family residential lots,
the Township intends to promote the preservation of farmland. All
conditional approvals for subdivisions under this section must receive
the approval of the Farmland Preservation Program.
[Editor's Note: § 15-6.4, Compassionate Use Medical Marijuana, previously codified herein was repealed 7-7-2021 by Ord. No. 2021-04. Prior history includes Ord. #2012-02.
[Ord. #83A, § 8.01; Ord. #87A]
Where, on August 11, 1975, lawful use of land exists that is
made no longer permissible under the terms of this chapter, such use
may be continued, subject to the following provisions:
a.
A structure which is not in conformance with this chapter on August
11, 1975 may be expanded without any action by board of adjustment
once, up to 50 percent of its existing size; provided, however, that
the total expanded structure shall meet the requirements of this chapter.
b.
No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use on August
11, 1975.
c.
If any such nonconforming use of land ceases for any reason, for
a period of one year or more, any subsequent use of such land shall
conform to the regulations specified by this chapter for the zoning
district in which such land is located.
Where a lawful structure exists on August 11, 1975 that could
not be built under the terms of this chapter by reason of restrictions
on lot area, lot coverage, height, yards, or other characteristics
of the structure or its location on the lot, such structure may be
continued, subject to the following provisions:
a.
No such structure may be enlarged or altered in a way which increases
its nonconformity.
b.
Any such structure may be restored or repaired in the event of partial
destruction or deterioration. Where the foundation of the structure
is left remaining, the structure shall be considered partially destroyed
and the nonconforming structure may be rebuilt and used for the same
purpose as before, provided that it does not exceed the height, area
and bulk of the original structure. In the event that the structure,
including the foundation, is destroyed, the entire structure shall
be considered destroyed and may be rebuilt to the original specifications
only upon approval of a use variance as provided by State statutes.
[Ord. #83A, § 8.03; Ord. #87A]
If a lawful use of a structure, or of structure and premises
in combination, exists on August 11, 1975, that would not be allowed
in the district under the terms of this chapter, the lawful use may
be continued subject to the following provisions:
a.
No existing structure devoted to a use not permitted by this chapter,
in the district in which it is located shall be enlarged, extended,
constructed, reconstructed, moved or structurally altered in a manner
which would increase the area by more than 50 percent of the area
defined as nonconforming on August 11, 1975 without approval by the
board of adjustment.
b.
Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building.
c.
Any structure or structure and land in combination, in or on which
a nonconforming use is converted to conform to the regulations for
the district in which such structure is located, the nonconforming
use may not thereafter be resumed.
d.
When a nonconforming use of a structure, or structure and premises
in combination, is discontinued or abandoned for 12 consecutive months,
the structure, or structure and premises in combination, shall not
thereafter be used except in conformance with the regulations of the
district in which it is located.
e.
Where nonconforming use status applies to a structure and premises
in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land.
f.
The foregoing provisions of this section shall also apply to buildings,
structures, land or uses which hereafter become nonconforming due
to any reclassification of districts under this chapter or any subsequent
changes in the regulations of this chapter.
g.
Nothing in this chapter shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part thereof declared
to be unsafe by any Township official charged with protecting the
public safety, upon order of such official.
[Ord. #2001-22, § I]
Any nonconforming lot in the RA-3 and RA-5 zone with respect
to land area only and having a minimum of 40,000 square feet, which
was created by previous subdivision action by the planning board,
board of adjustment or land use board prior to April 9, 2001, may
have a zoning permit issued for a permitted use without an appeal
to the land use board provided that it is not located in a preservation
zone as it appears in the Township's approved recreation open space
plan as contained in the master plan and the building yard requirements
are met for the new zoning restrictions.
[Ord. #2001-22, § I; Ord. #2007-17, § 1]
Any lot in the RA-3 and RA-5 zones, which had an existing structure
prior to April 9, 2001 and is on an undersized lot, may have a zoning
permit issued for a permitted use without an appeal to the land use
board provided that the building yard requirements are met for the
R-40 zone. On lots 20,000 square feet or less, the building yard requirements
for the R-10 zone shall apply.
[Ord. #83A, § 9.01; Ord. #2007-15, § 2]
No signs, billboards, advertising structures or similar items
shall be permitted except as follows:
a.
One professional office announcement sign not over two square feet
in area for each office use.
b.
One home occupation announcement sign not over two square feet in
area for each dwelling conducting a home occupation.
c.
One lighted sign not to exceed 20 square feet in area at each driveway
to a church, school, public museum or similar use, plus signs not
to exceed four square feet in area necessary to provide directions
to specific buildings and to offstreet parking areas. Such signs shall
be set back a minimum distance of 20 feet from any street line.
d.
One real estate sign not over six square feet in area advertising
the sale, lease or rental of the building or lot on which it is maintained,
said sign shall be distant from the street line not less than one-half
of the front yard depth.
e.
Signs of a temporary nature that identify an engineering, architectural
or building contractor engaged in the construction of a building,
provided such signs do not exceed a total area of 36 square feet and
such signs are removed prior to occupancy of the building.
f.
Signs of a temporary nature which direct attention to the sale of
new lots, homes or dwelling units in a residential development, provided
the total area of such signs shall not exceed 100 square feet and
are removed immediately upon the occupancy of the last lot or house
or dwelling unit in such development.
[Ord. #83A, § 9.03; Ord. #95-17, §§ 32,
33; Ord. #2000-15, § 3]
a.
Any sign permitted in residential zones.
b.
Wall Sign. One sign for each building or for each use in a building,
provided the total area of all such signs does not exceed 20 percent
of the building facade to which it is applied.
Where a building is located with frontage on more than one street,
a sign or signs as provided herein above may be provided on each street.
Such signs shall not extend more than one foot from the face of the
building and shall not extend beyond the ends or top of the wall to
which they are attached.
c.
Free Standing Business Signs. One sign for each principal building,
provided the total sign area shall not exceed one square foot for
each lineal foot of road frontage. Where more than one road frontage
exists, additional signs may be placed on such frontage but they shall
be computed separately based on the above formula. In no instance
shall the total road frontage on more than one road be used to compute
the sign area permitted on any single road. Similarly, no one sign
regardless of the amount of road frontage shall exceed 200 square
feet. No sign shall exceed the building height limit of this zone,
nor shall any part of any sign structure, supporting members or sign
face be placed closer than 25 feet to any street line, or 50 feet
from the point of intersection of any two street lines.
[Ord. #83A, § 9.04]
a.
No sign, advertising structure, billboard, building structure or
other object shall be erected, used or maintained which in any way
simulates official, directional, or warning signs erected or maintained
by the State of New Jersey, by any county or municipality thereof,
or by any public utility or similar agency concerned with the protection
of the public health or safety.
b.
No illuminated sign shall be of such color or located in such a fashion
as to diminish or detract in any way from the effectiveness of any
traffic signal or similar safety or warning device.
c.
The following advertisements are specifically prohibited: Any advertisement
which uses a series of two or more signs placed in a line parallel
to the highway or in similar fashion all carrying a single advertising
message, part of which is contained on each sign.
d.
Flood lights which are not shielded and are so located as to cause
a glare or a blinding effect upon any lane of moving traffic.
e.
The use of painted vehicles or trailers as signs or signs attached
to the tops of such vehicles as prohibited.
f.
No part of any sign shall be allowed to project into any required
side yard by more than five feet.
g.
A temporary sign for a specific purpose or event not conforming to
this chapter may be allowed by resolution of the Township committee.
[Ord. #83A, § 9.05]
All commercial, retail or wholesale establishments who display
goods, automobiles, equipment, trailers, boats, shrubbery, etc., shall
comply with the following standards and requirements:
a.
No item for sale shall be displayed, stored or parked closer than 20 feet from any street right-of-way line nor closer than 25 feet from an intersection of two street right-of-way lines as established in Subsection 15-5.4.
b.
No banners or flags shall be permitted other than such advertising
as may be permitted by this chapter, except by special decree of the
Township committee.
[Ord. #2008-07, § I]
Existing free-standing business signs (not including billboards),
having been in existence for ten (10) years or longer, whether permitted
or not; may be relocated or replaced within the same lot or on an
adjoining lot, if in common ownership, to the same setback as existed
prior to the relocation or removal.
The replacement sign must be relocated/replaced within the same
zone that the previous sign existed. The sign shall be replaced within
two years of the existing sign removal and must be the same size or
smaller. At its new location it shall not violate any sight triangle
restrictions.
The replacement sign may be installed without requiring an appearance
before the Land Use Board but must acquire the appropriate permits
from the municipality.
[Ord. #83A, § 10.01; Ord. #87A, §§ 23,
25, 26; Ord. 3/3/88, § XIV; Ord. #95-17, § 34;
Ord. #2007-01, § I; Ord. #2011-04]
a.
For the purpose of this chapter certain terms and words are herewith
defined as follows. Words used in the present tense include the future;
words in the singular number include the plural; and words in the
plural number include the singular, the word "building" includes the
word "structure," the word "shall" is mandatory.
1.
ACCESSORY BUILDING — Shall mean a subordinate building
or structure on the same lot with a main building, the use of which
is incidental to that of the main building. Where an accessory building
is attached to the main building in a substantial manner by a wall
or roof, such accessory building shall be considered part of the main
building.
2.
ACCESSORY USE — Shall mean a use of a nature customarily
incidental and subordinate to the main use of the premises.
3.
ALTERATIONS — Shall mean as applied to a building or structure,
a change or rearrangement in the structural parts of the existing
facilities or an enlargement, whether by an extension of a side, an
increase in height or a move from one location or position to another.
4.
AUTOMOBILE SERVICE STATION — Shall mean any premises used
for the sale of gasoline and lubricants; the sale of and fitting of
tires, batteries and automobile supplies; the washing of automobiles,
but not including automobile repairs requiring a machine shop and
not including automobile body repairs.
5.
BASEMENT — Shall mean a story partly underground and having
at least one-half of its height above the average level of the ground.
A basement shall be counted as a story for height measurement if subdivided
and used for dwelling or business purposes.
6.
BUILDING — Shall mean any structure having a roof supported
by columns or by walls and intended for shelter, housing or enclosure
of any person, animal or chattel.
7.
BUILDING HEIGHT — Shall mean the vertical distance measured
from the mean elevation of the finished grade along the front of the
building to the highest point of the roof for flat roofs, to the mean
height level (between the eaves and ridge) for gable and hipped roofs,
to the deck line for mansard roofs.
8.
CELLAR — Shall mean a story having more than one-half
of its height below ground. A cellar shall not be counted as a story
for the purposes of height measurement.
9.
CERTIFICATE OF OCCUPANCY — Shall mean a certificate issued
by the building inspector and enforced by the zoning officer upon
completion of the construction of a new building or upon a change
in the occupancy of a building which certifies that all requirements
of this chapter, or such adjustments hereof which have been granted
by the board of adjustment, and all other applicable requirements,
have been complied with.
10.
CLUSTER DEVELOPMENT — Shall mean a residential development
where a means of providing common open space which may serve both
as recreation or conservation or open space lands created by reduced
lot sizes and by grouping building lots in such a manner that the
open spaces are evenly distributed, functional and are of sufficient
size and width so as to enhance the spacious and natural characteristics
of the development. The reduction of lot size in a conventional type
development with no attempt to integrate and balance the open space
areas shall not be considered a cluster development. There are two
design criteria which distinguish cluster development from other forms
of conventional development or modifications of conventional development.
First, cluster development site planning involves the grouping of
buildings or lots and buildings into modules. Each module which need
not contain any predetermined number of buildings is set off from
similar modules by intervening open space. This open space serves
to give distinction and visual definition to each individual group
or cluster of buildings. The second design criteria of cluster development
is that the open space which results from a module layout is of sufficient
size, shape and width so as to afford multiple use in the form of
recreational activities and for conservation and open space purposes.
12.
DWELLING UNIT — Shall mean one or more rooms, including
a kitchen or kitchenette, located within a residence providing complete
living facilities for one family or containing facilities and equipment
for living, sleeping, cooking and eating.
13.
FAMILY — Shall mean one or more persons all related to
each other by birth, adoption or marriage occupying a single dwelling
unit or doing their own cooking and living together as a single housekeeping
unit, or an unrelated group of not more than four persons, all of
whom are adults occupying a single dwelling unit, living together
as a single housekeeping unit.
14.
FILLING STATION — See "Automobile Service Station."
15.
FRONTAGE — Shall mean the distance measured along a street
right-of-way line between the two side lines of a parcel of land.
16.
GARAGE, PRIVATE — Shall mean a detached accessory building
or portion of a main building used only for the storage of motor-driven
vehicles which are the property of and for the private use of, the
occupants of the lot on which the private garage is located.
17.
GARAGE, PUBLIC — Shall mean any premises, except those
described as a private garage, used for the storage of vehicles, or
where any such vehicles are repaired or kept for remuneration, hire,
sale, or other business purposes.
18.
HOME OCCUPATION — Shall mean an accessory use of a service
character customarily conducted within a dwelling or accessory building,
which is clearly secondary to the use of the dwelling for living purposes,
and does not change the character thereof, nor have any exterior evidence
of such secondary use, other than a nameplate not to exceed one square
foot in area. The office of a physician, dentist or attorney, millinery,
dressmaking, and tailoring; teaching of violin, piano, or other individual
musical instrument, and other professions and/or trades which would
have no noticeable impact upon the neighborhood, shall be deemed to
be a home occupation.
19.
HOTEL — Shall mean a building occupied, more or less,
as a temporary abiding place of individuals, who are lodged with or
without meals, and in which there are more than 15 sleeping rooms,
occupied separately, and with no provisions being made for cooking
in any individual room or apartment.
20.
LOT— Shall mean a single, unified tract of land located
within a single block which, at the time of filing for a building
permit, is designated by its owner or developer as a tract to be used,
developed or built upon as a unit under single or unified ownership
or control. Such lot shall have frontage on a street; shall be of
at least sufficient size to meet minimum zoning requirements for use
and areas and shall provide such yards and other open spaces as herein
required.
21.
LOT LINES — Shall mean the lines bounding a lot as defined
herein.
22.
LOT OF RECORD — Shall mean a lot which is a part of a
subdivision, the map of which has been recorded in the office of the
county clerk.
23.
LOT TYPES — The terminology used in this chapter with
reference to lot types is as follows:
24.
LOT AREA — Shall mean the total horizontal area included
within lot lines. Where the front lot line is the centerline of a
street, or lies in part, or in whole, in the street area, the lot
area shall not include that part of the lot in use, or to be used,
as the street.
25.
LOT FRONTAGE — Shall mean that portion of a lot extending
along a street line.
26.
LOT DEPTH— Shall mean the shortest normal distance between
the front lot line and a line drawn parallel to the front lot line
or front lot line chord through the midpoint of the rear lot line,
provided that, in triangular lots having no rear lot line, the distance
shall be measured to the midpoint of a line parallel to the front
lot line which shall be not less than ten feet in length measured
between its intersections with the side lot lines.
27.
LOT WIDTH — Shall mean the horizontal distance measured
at right angles to the lot depth 60 feet from the street line.
28.
MAJOR STREET — Shall mean Routes 528, 539 and 537.
29.
MOTEL — Shall mean a building or group of buildings, whether
detached or attached units, used as individual sleeping or dwelling
units designed primarily for transient automobile travelers and providing
accessory offstreet parking facilities. The term, motel includes buildings
designated as auto courts, tourist courts, motor hotels, motor lodges
and similar terms.
30.
NONCONFORMING BUILDING — Shall mean a building which in
its design or location upon a lot does not conform to the regulations
of this chapter for the zone in which it is located.
31.
NONCONFORMING LOT — Shall mean a lot or parcel which does
not have the minimum width, depth or contain the minimum area for
the zone in which it is located, or the use to which it is being put.
32.
NONCONFORMING USE — Shall mean a use of a building or
land that does not conform to the regulations of the zone in which
it is located.
33.
OFFSTREET LOADING AND UNLOADING SPACE — Shall mean an
open hard-surfaced area of land other than a street or public way,
the principal use of which is for standing, loading and unloading
of motor trucks or tractors and trailers, to avoid undue interference
with the public use of streets. Such space shall not be less than
12 feet in width, 45 feet in length and 14 feet in height, exclusive
of access aisles and maneuvering space.
34.
OPEN SPACE — Shall mean any area other than a required
yard, screening strip, or recreation area which may hereafter remain
as private or property dedicated to the Township and which shall have
been so designated as such on any plan requiring approval by the Township.
35.
PARKING AREA — Shall mean an open hard-surfaced area of
land, other than a street, driveway or public way, the principal use
of which is for the storage (parking) of passenger automobiles or
commercial vehicles under two-ton capacity by the public, or as an
accommodation to clients or customers.
36.
PARKING SPACE, AUTOMOBILE — Shall mean space within a
parking area or a building of not less than 200 square feet (ten feet
by 20 feet), exclusive of access drives, aisles and ramps used for
the storage of one passenger automobile or commercial vehicle under
two-ton capacity.
37.
SETBACK LINE — Shall mean a line within any lot, making
the limits of any required yard area.
38.
SIGN — Shall mean any device designed to inform or attract
the attention of persons not on the premises on which the sign is
located, provided however, that the following shall not be considered
signs:
(a)
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers or names of occupants of premises.
(b)
Integral decorative or architectural features of buildings,
except letters, trade-marks, moving parts or moving lights.
(c)
Signs directing and guiding traffic and parking on private property,
but bearing no advertising matter.
39.
SIGN, ADVERTISING — Shall mean a sign which directs attention
to a business, commodity, service, activity, or entertainment not
necessarily conducted, sold or offered upon the premises where such
sign is located.
40.
SIGN, BUSINESS — Shall mean a sign which draws attention
to a business, profession or to a commodity, service or entertainment
sold or offered or conducted upon the premises where such sign is
located.
41.
SIGN, FLASHING — Shall mean any illuminated sign on which
such illumination is not kept stationary nor constant in intensity
or in color at all times when such sign is in use.
42.
SIGNS, NUMBER — Shall mean and be considered for the purpose
of determining the number of signs, to be a single display surface
or display device containing elements organized, related and composed
to form a unit. Where matter is displayed in a random manner without
organized relationship of elements, or where there is reasonable doubt
about the relationship of elements, such elements shall be considered
to be a single sign.
43.
SIGN, SURFACE AREA — Shall mean the entire area within
a single continuous perimeter enclosing the extreme limit of the actual
sign surface, excluding any structural elements outside the limits
of such sign not being or forming an integral part of the display.
Only one side of a double-face or V-type structure shall be used in
computing total surface area.
44.
STREET — Shall mean a public or private thoroughfare which
affords the principal means of access to abutting property.
45.
STREET LINE — Shall mean the dividing line between the
lot and the street right-of-way contiguous thereto.
46.
STRUCTURE — Shall mean anything constructed or erected
with a fixed location on the ground, or attached to something having
a fixed location on the ground. Among other things, structures including
buildings, walls, fences, and billboards.
47.
STRUCTURAL ALTERATIONS — Shall mean any change in the
supporting members of a building such as bearing walls or partitions,
columns, beams or girders, or any substantial change in the roof or
in the exterior walls.
48.
YARD — Shall mean an existing or required open space on
the same lot with a principal building and which shall be unoccupied
and unobstructed by any portion of a structure from the ground upward.
49.
YARD, FRONT — Shall mean the minimum horizontal distance
between the street line and the main buildings, or any projection
of the usual steps or entrance way and extending for the full width
of the lot.
50.
YARD, REAR — Shall mean a space unoccupied, extending
for the full width of the lot between the rear lot line and the extreme
rear line of the principal building. On corner lots, the rear yards
shall be considered as parallel to the street upon which the lot has
its least dimension. On interior lots, the rear yard shall, in all
cases, be at the opposite end of the lot from the front yard.
51.
YARD, SIDE— Shall mean a yard between the main building
and the side line of the lot and extending from the front lot line
to the rear yard line.
52.
ZONING DISTRICT — Shall mean an area or section of the
Township in which the regulations regarding the use of buildings and
premises, height of buildings and the yard space about structures
are uniform and set apart and distinct from other areas or sections
having different regulations and all of which areas or sections are
designated by different delineations upon the zoning map which is
made a part of this chapter and is on file in the office of the Township
clerk.
53.
ZONING MAP — Shall mean a delineation of the boundaries
of areas or divisions of the Township for the purpose of regulating,
limiting and determining, the height and bulk of buildings, the intensity
of the use of lot areas, the areas of open spaces about the surrounding
buildings for the purpose of classifying, regulating and restricting
the location of trades and industries, and buildings designed for
specified industrial, business and residential uses, and which map
is on file in the office of the Township clerk.
54.
ZONING OFFICER — Shall mean that person designated by
the Township committee to administer and enforce the provisions of
this chapter.
55.
ZONING PERMIT — Shall mean a permit stating that the purpose
for which a building or land is to be used is in conformity with the
uses permitted and all other requirements under this chapter for the
zone in which it is located or is to be located.
56.
FARMING ACTIVITIES — Shall mean normal farming activities,
including growing and harvesting of crops and breeding, raising and
training of farm animals.
57.
TURN-AROUND DRIVEWAY — Shall mean a paved or unpaved area
used for the ingress or egress of vehicles, allowing access from a
street to a building or other structure, facility, or use, and providing
a space for vehicles to turn-around without having to back onto the
adjacent roadway.
58.
AGRICULTURE — Shall mean the production, keeping, or maintenance, for sale, lease or personal use, of plants and animals useful to man, including but not limited to: forage and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats or any mutations or hybrids thereof, including the breeding of any and all such animals; bees and apiary products; trees and forest products; fruits of all kinds, including grapes, nuts, and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program. Agriculture as defined herein shall also include activities defined as agriculture as set forth in the General Ordinances of the Township of Plumsted in Chapter 2, entitled "Agriculture and Farming Activities," and Chapter 15, § 15-10a56, entitled "Farming activities."
59.
BUILDING, PRINCIPAL — Shall mean a building in which is
conducted the main or principal use of a lot on which said building
is located.
60.
CHILD CARE CENTER — Shall mean a child care facility for
which a license is required from the Department of Human Services
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
61.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED — Shall
mean any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community, and shall include but not be limited to group homes,
halfway houses, intermediate-care facilities, supervised apartments
living arrangements and hostels. Such a residence shall not be considered
a health-care facility within the meaning of the "Health-Care Facilities
Planning Act" (P.L. 1971, c. 136; N.J.S.A. 26:2H-1 et seq.).
62.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE — Shall
mean any shelter approved for a purchase of service contract and certified
pursuant to standards and procedures established by regulation of
the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A.
30-14-1 et seq.), providing food, shelter, medical care, legal assistance,
personal guidance and other services to not more than 15 persons who
have been victims of domestic violence, including any children of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
63.
DAY CARE CENTER — Shall mean the same as "child care center".
64.
ESSENTIAL SERVICES — Shall mean underground gas, electrical,
telephone, telegraph, cable T.V., steam or water transmission or distributor
systems, including mains, drains, sewers, pipes, conduits and cables
and including normal above ground appurtenances such as fire alarm
boxes, police call boxes, light standards, poles, traffic signals,
hydrants and other similar equipment and accessories in connection
herewith, reasonably necessary for the furnishing of adequate service
by public utilities or municipal or government agencies or for the
public health or safety or general welfare.
65.
FAMILY DAY care home — Shall mean any private residence
approved by the Division of Youth and Family Services or an organization
with which the Division contracts for family day care in which child-care
services are regularly provided to no fewer than three and no more
than five children for no less than 15 hours per week. A child being
cared for under the following circumstances is not included in the
total number of children receiving child-care services:
66.
FARMETTE — Shall mean a lot the principal use of which
shall be for a detached single family dwelling and which can potentially
meet the minimum requirements to qualify for reduced tax assessment
under the New Jersey Farmland Assessment Act of 1964 (C.54:4-23.1
et seq.).
67.
FLAG LOT— Shall mean a lot not meeting the minimum frontage
requirements for conventional development in the zone in which it
is located and where access to the public road is by a narrow, private
right-of-way or driveway.
68.
GOLF COURSE — Shall mean an area of a minimum of 70 contiguous
acres containing at least nine regulation golf holes, together with
the necessary accessory uses and structures including, but not limited
to, clubhouse, dining facilities and refreshment facilities, maintenance
facilities and structures, provided the operation of such uses is
clearly incidental and subordinate to the golf course.
69.
JUNKYARD— Shall mean any lot, structure or building or
portion thereof used for the outdoor storage, collection, keeping,
processing, purchase, sale or abandonment of junk, including scrap
materials; or used for the dismantling, demolition or abandonment
of structures, automobiles, equipment, machinery or parts thereof.
The term "junkyard" as defined herein, includes automobile wrecking
yards, salvage yards or recycling centers.
70.
LOT COVERAGE — Shall mean the area of a lot covered by
buildings and structures expressed as a percentage of total lot area.
71.
MATURE FORESTED AREA — Shall mean a wooded area where
the majority of the canopy trees are six inches in diameter or greater
as measured at breast height.
72.
MOBILE HOME— Shall mean a factory-assembled structure
or structures equipped with the necessary service connections and
made so as to be readily movable as a unit or units and designed to
be used as a dwelling unit for one or more adult persons and with
or without a permanent foundation, when located in a mobile home park.
73.
MOBILE HOME PARK — Shall mean a parcel of land, or two
or more parcels of land, containing no fewer than two sites equipped
for the installation of manufactured homes, where these sites are
under common ownership and control for the purpose of leasing each
site to the owner of a manufactured home for the installation thereof
and where the owner or owners provide services which include but shall
not be limited to the construction and maintenance of streets; lighting
of streets and other common areas; garbage removal; snow removal;
and provisions for the drainage of surface water from home sites and
common areas.
74.
USE — Shall mean the specific purpose for which a parcel
of land, or a building or a portion of a building, or a structure
or a portion of a structure, is designed, arranged, intended, occupied
or maintained.
75.
USE, ACCESSORY Shall mean a use of land, or of a building or portion
of a building, or of a structure or portion of a structure customarily
incidental and subordinate to the principal use of the land, building
or structure and located on the same lot with such principal use.
76.
USE, CONDITIONAL — Shall mean a use permitted in a particular
zoning district, only upon a showing that such use in a specified
location will comply with the conditions and standards for the location
or operation of such use as contained in this chapter and upon the
issuance of an authorization therefor by the Plumsted Township Planning
Board.
77.
USE, NONCONFORMING — Shall mean a use or activity occupying
a building, structure or lot which does not conform to the use regulations
for the zoning district in which the use or activity is located.
78.
USE, PERMITTED — Shall mean a use of land, building or
structure, or portion thereof, allowed in a zoning district and subject
to the restrictions applicable to that district. The term "permitted
use" or its equivalent shall not be deemed to include any nonconforming
use.
79.
USE, PRINCIPAL — Shall mean the main purpose for which
a lot, building or structure is used.
80.
USE, PROHIBITED — Shall mean a use of any land, building
or structure, or portion thereof, that is not permitted in a zoning
district.
81.
WETLANDS — Shall mean the area that is inundated or saturated
by surface water or groundwater at a frequency and duration sufficient
to support, and that under normal circumstances does support, a prevalence
of vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation" regulated by NJDEP pursuant
to N.J.S.A. 13:9B-1 et seq.
82.
WETLANDS TRANSITION AREA— Shall mean an area of land adjacent
to a freshwater wetland which minimizes adverse impacts on the wetland
or serves as an integral component of the wetlands ecosystem regulated
by NJDEP pursuant to N.J.S.A. 13:9B-1 et seq.
83.
GREENWAY LAND — Shall mean that portion of a tract that
is set aside for the protection of sensitive natural features, farmland,
scenic views, and other unique features. Greenway land, or open space
land, does not count toward minimum lot size requirements. A portion
of the Greenway or open space land must be accessible to the residents
of the development and/or the municipality, but land may also consist
of farmland that is not accessible to the residents of the subdivision
or the public.
84.
IMPERVIOUS COVER — Shall mean any material placed on or
above the earth, the artificial impacting of the earth, or any material
change in the natural surface of the earth which essentially reduces
or prevents the natural percolation of water or which reduces the
undisturbed open space areas on the lot. Examples include, but are
not limited to: structures, including eaves, roofs and roof overhangs,
parking areas and driveways (whether hard surfaced or not), sidewalks,
patios and decks, sport courts and pools.
85.
PRIMARY CONSERVATION AREAS (PCAS) — Shall mean floodplains,
wetlands, slopes over 10 percent and vernal ponds.
86.
SECONDARY CONSERVATION AREAS (SCAS) — Shall mean areas
of High Groundwater Recharge (11-17 inches per year), Natural Heritage
Priority Areas, and Critical Habitat Areas as designated by the Landscape
Project, as well as other scenic, natural, cultural and historic features
such as viewsheds, natural swales, groves of trees, local landmarks
and historic structures that may be unmapped but should be incorporated
into site plans during the site visit.
87.
SKETCH PLAN — Shall mean a layout of a proposed subdivision,
site plan or development scheme of sufficient accuracy to be used
for the purpose of discussion and classification. Sketch plan can
also be referred to as a sketch plat or conceptual plan.
88.
CONSERVATION MARKER — Shall mean a permanent identification
marker placed along the boundary of a conservation easement at least
every 100 feet, at the juncture of a change of direction and at property
corners. The marker shall be constructed of a three inch diameter
white PVC pipe. The pipe shall be buried in the ground three feet
and shall stick six inches out of the ground. The pipe shall be filled
with concrete and shall have a three foot six inch length of rebar
in the center of the concrete.
89.
UPLANDS— Shall mean any non-wetland area.
90.
APPLICATION FOR DEVELOPMENT — Shall mean the application
form and all accompanying documents required by ordinance for approval
of a subdivision plat, site plan, planned development, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to Section 25 or Section 27 of P.L. 1975, c.291 (C.40:55D-34 or C.40:55D-36).
Accompanying documents shall include but not be limited to submission
of application, checklists, application fees and escrow fees, calculations
and reports, Environmental Impact Statements, environmental questionnaires,
waiver requests, plans, surveys and all else required.
[Ord. #87A, § 12.01; repealed by Ord. #92-13]
[Ord. #2008-14, §§ 1-3]
a.
Purpose. Pursuant to the New Jersey Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., applicants for development before the Township's
land use board are required to establish and maintain an escrow account
so as to cover professional fees incurred by the land use board for
review of the applicant's plan for development. At times, applicants
for development fail to maintain said escrow accounts resulting in
the applicant receiving the benefit of the services provided by the
board's professionals in requiring the municipality to attempt to
collect funds way of a civil proceeding at great cost and expense
to the taxpayers. It is the intention of this subsection to establish
a municipal ordinance violation for failure of an applicant for development
to maintain an escrow account and to be notified to do so, establishing
penalties with respect thereto.
b.
Failure to Maintain Appropriate Escrow Account. Any applicant for
development before the Plumsted Township Land Use Board who is required
by ordinance to establish and/or maintain an escrow account, and who
fails to provide sufficient funds in said account after being notified
to do so by the Township of Plumsted, shall be considered to have
violated the terms and conditions of this subsection. A certification
from a Township's chief financial officer and/or assistant treasurer,
that an applicant for development was provided notice, by way of regular
mail and certified mail with a return receipt that their escrow account
was deficient, and that thirty (30) days have elapsed since notice
was sent by way of regular mail to the applicant for development and
said escrow account had not been replenished during that period of
time shall constitute prima facie evidence that the applicant for
development has violated the terms of this subsection.
c.
Penalty. Any person or entity who violates the terms and conditions
of this subsection shall be subject to a fine no less than two hundred
fifty ($250) dollars and no more than one thousand ($1,000) dollars
for each such violation. Each separate day that a violation continues,
meaning for each separate day that the escrow account remains deficient,
shall be considered a separate and distinct violation.
Editor's Note: See also § 15-15, Escrow Funds.
[Ord. #100A, § 12.03; Ord. #5-86, § 1;
Ord. 3/10/86; Ord. #90-19; Ord. #92-13; Ord. #95-17, § 35;
Ord. #2000-04, § 5; Ord. #2004-09, §§ 2,
3; Ord. #2006-02, § I; Ord. #2009-03, § 1; Ord. No. 2016-05]
a.
Escrow Fee Schedule. Escrow funds in the amounts specified herein
shall be required relative to the following applications:
|
Escrow Amount
| ||
|---|---|---|
|
1.
|
Sketch Plat for Preliminary Major Subdivision
| |
|
Approval and Preliminary Site Plan Approval for Residential
Use
|
$30/lot or dwelling unit or $750 min.
| |
|
Minor Subdivision
|
$1,500
| |
|
Preliminary Major Subdivision:
| ||
|
1—3 lots or units
|
$2,000
| |
|
4—10 lots or units
|
$3,500
| |
|
11—25 lots or units
|
$3,750+$50/lot
| |
|
26—50 lots or units
|
$5,000+$50/lot
| |
|
51—100 lots or units
|
$6,500+$50/lot
| |
|
In excess of 100 lots or units
|
$10,500+$25/lot
| |
|
2.
|
Final Major Subdivision Approval and Final
| |
|
Site Plan Approval for Residential Use:
| ||
|
1—3 lots or units
|
$1,000
| |
|
4—10 lots or units
|
$2,000
| |
|
11—25 lots or units
|
$3,000
| |
|
26—50 lots or units
|
$4,500
| |
|
51—100 lots or units
|
$6,000
| |
|
In excess of 100 lots or units
|
$10,000
| |
|
3.
|
Nonresidential Preliminary Site Plan
| |
|
Approval Inclusive of Minor Site Plan:
| ||
|
Up to 2 acres
|
$3,500
| |
|
Over 2 acres
|
$3,500+$500/Acre or portion thereof
| |
|
3a.
|
Escrow for Sketch Plat
|
$30/lot or dwelling unit or $750 min.
|
|
4.
|
Nonresidential Final Site Plan Approval:
| |
|
One-third of the original escrow fee paid at the time of preliminary
plan application.
| ||
|
5.
|
Any application involving more than one of the above categories
shall deposit cumulative amounts.
| |
|
6.
|
Amended 50% of original fee
|
$750 min.
|
|
7.
|
Informal — if application within one year of meeting credit
to application fee
|
$100
|
|
8.
|
Extension of Approval
|
$1,000
|
|
9.
|
Agriculturally Exempt Subdivision
|
$500
|
|
10.
|
Minor Site Plan
|
$1,000
|
|
11.
|
GDP Application (use Preliminary and Final fees)
| |
b.
Application Fee Schedule.
|
Fee Amount
| ||
|---|---|---|
|
1.
|
Minor Subdivision
|
$150 + $100/lot
|
|
2.
|
Major Subdivision:
| |
|
Preliminary:
| ||
|
Three lots or less, including remainder
|
$250
| |
|
In excess of three lots
|
$750
| |
|
Site plans for Commercial or Residential
|
$750
| |
|
Final:
| ||
|
Three lots or less, including remainder
|
$250
| |
|
In excess of three lots
|
$750
| |
|
Site plans for Commercial or Residential
|
$750
| |
|
Combined Applications of Preliminary and Final, the sum of the
Individual Preliminary and Final Fees
| ||
|
3.
|
Site Plans, Commercial or Residential:.
| |
|
Preliminary
|
$500
| |
|
Final
|
$500
| |
|
Preliminary and Final Together
|
$750
| |
|
4.
|
Sketch Plat
|
$250
|
|
5.
|
Amended
|
$250
|
|
6.
|
Informal
|
$50
|
|
7.
|
Extension of Approval
|
$250
|
|
8.
|
Minor Site Plan
|
$250
|
|
9.
|
GDP (Use Preliminary Fund and Final Fees)
| |
|
10.
|
Zoning Permit
|
$ 30
|
c.
Each application shall be accompanied by a fee and escrow amount
in accordance with the following schedule:
|
Application
Fee
|
Escrow Amount
| ||
|---|---|---|---|
|
Appeals
|
40:55D-70(a)
|
$250
|
$750
|
|
Interpretations
|
40:55D-70(b)
|
$250
|
$750
|
|
Bulk/Hardship
|
40:55D-70(c)
| ||
|
Residential
|
$250
|
$1,500
| |
|
Commercial
|
$500
|
$2,000
| |
|
Use/Special reasons
|
40:55D-70(d)
|
$500
|
$2,000
|
|
Permits
|
$500
|
$1,000
|
d.
Any and all other types of applications.
|
$100 Application
|
|
$2,000 Escrow
|
e.
Educational Fees.
1.
All applicants submitting an application to the land use board for
review shall pay a fee in the amount of fifty ($50) dollars to the
Township to defray the cost of tuition for those persons required
to take the course in Land Use Law and Planning as required pursuant
to P.L. 2005, c.133, unless exempted in Subsection 2.
[Ord. #83A, § 12.04]
It shall be unlawful to use, or permit the use of any building,
or premises or part thereof, now or hereafter created, located or
erected, changed, converted or enlarged, wholly or partly, until a
certificate of occupancy has been issued for that premises certifying
that the structure or use complies with the provisions of this chapter,
or other pertinent Township ordinances. Such occupancy permits shall
be granted or denied within ten days from the date that a written
application is filed with the zoning officer. Pending the issuance
of a regular certificate of occupancy, a temporary certificate of
occupancy may be issued by the zoning officer for a period not exceeding
six months during the completion of alterations or during partial
occupancy of a building, pending its completion. Such temporary certificate
shall not be construed as in any way altering the respective rights,
duties and obligations of the owners or of the Township relating to
the use or occupancy of the premises or any other matter covered by
this chapter, and such temporary certificate shall not be issued,
except under such restrictions and provisions as will adequately insure
the safety of the occupants.
[Ord. #83A, § 12.05; Ord. #92-13]
It shall be the duty of the zoning officer to keep a record
of all applications for, and of, all permits and such certificates
issued, with a notation of all special conditions involved. He shall
file and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office, and shall be available for
the use of the Township committee and all members of the public.
The zoning officer shall also prepare a monthly report for the
Township committee summarizing for the period since his last previous
report, all zoning permits and certificates issued by him, and all
complaints of violations and the action taken by him consequent thereon.
A copy of each such report shall be filed by the Township tax assessor
and the secretary of the planning board at the time it is filed with
the Township committee.
[Ord. #87A, § 12.06; Ord. #92-13]
Pursuant to N.J.S.A. 40:55D-18, it shall be the duty of the
zoning officer to enforce the provisions of this chapter. It shall
also be the duty of the members of the police department and the fire
department to report any violations of the provisions of this chapter
in writing to the zoning officer, and, at the same time, to send a
copy of such report to the secretary of the zoning board and the Township
clerk. The zoning officer shall not issue any permit or certification
of occupancy for any structure or use which does not conform with
the provisions of this chapter. It shall be the duty of the zoning
officer, upon the filing with him of the plans for the construction,
alteration or repair of any structure to require the owner or agent
of such structure or land to certify, in writing, the use, or intended
use, of any structure or land so to be constructed, altered or repaired
or used, and the zoning officer shall thereupon determine if the structure
or use is permitted by the provisions of this or any such other ordinances.
In case he shall determine such structure or use, or both, is nonconforming,
he shall notify such owner or agent in writing to that effect, stating
in what respect such structure or use is nonconforming.
[Ord. #83A, § 12.07; repealed by Ord. #92-13]
[Ord. #83A, § 12.08; repealed by Ord. #92-13]
[Ord. #83A, § 13.01; Ord. #92-13]
For any and every violation for the provisions of this chapter,
the owner, contractor, or other person interested as lessee, tenant
or otherwise, in any building or premises where such violation has
been committed or shall exist, and who refuses to abate the violation
within five days after written notice has been served upon him, by
the municipal official or police officer either by registered mail
or by personal service, shall for each and every violation be subject
to the penalty as stated in Municipal Ordinances of Plumsted Township.
Each and every day that such violation continues after such notice,
shall be considered a separate and specific violation of this chapter.
[Ord. 8/9/82, § 2; Ord. #92-13]
The provisions of this section shall apply only to the Pinelands
area portion of Plumsted Township and shall be considered supplemental
to the requirements of the balance of the chapter. Lands within the
Pinelands area as defined herein, shall be subject to all provisions
of this chapter.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/27/88, § 7; Ord. 4/10/89, § 1; Ord. #97-01, §§ 6,
7; Ord. # 2012-04, §§ 2,3; amended 3-6-2019 by Ord. No. 2019-05]
a.
The following terms utilized in this section are used as defined
in the New Jersey Comprehensive Management Plan, adopted by the New
Jersey Pinelands Commission pursuant to Section 7 of the "Pinelands
Protection Act" (N.J.S.A. 13:18A-1 et seq.), and are in accordance
with N.J.A.C. 7:50-2.11, except where otherwise noted: Accessory Structure
or Use; Agricultural Commercial Establishment; Agricultural Employee
Housing; Agricultural or Horticultural Purpose or Use; Agricultural
Service Establishment; Animals, Threatened or Endangered; Application
for Development; Artificial Regeneration; Bedding; Broadcast Scarification;
Camper; Campsite; Certification of Appropriateness; Certificate of
Filing; Clearcutting; Commencement of Construction; Commission; Comprehensive
Management Plan; Contiguous Lands; Coppicing; Density; Development;
Disking; District; Drainage; Drum Chopping; Dwelling; Dwelling Unit;
Electric Distribution Lines; Electric Transmission Line; Enlargement;
Erosion; Executive Director; Family; Federal Act; First Order Stream;
Fish and Wildlife Management; Flood Plains; Floor Area; Forestry;
Forest Stand; Group Selection; Habitat; Height; Historic District;
Historic Resource; Hydrophytes; Immediate Family; Impermeable Surface;
Impervious Surface; Individual Selection; Interim Rules and Regulations;
Institutional Uses; Interested Person or Party; Land; Landfill; Landscaping;
Leachate Collector; Local Communications Facility; Mobile Home; Natural
Regeneration; Navigable Waters; Off-Site Commercial Advertising Sign;
Parcel; Permeability; Person; Pinelands; Pinelands Area; Pinelands
Development Credit; Pinelands Development Review Board; Pinelands
Native Forest Type; Pinelands Protection Act; Pinelands Resource Related
Use; Plants, Threatened or Endangered; Pre-Application Conference;
Preservation Area; Protection Area; Public Development; Public Service
Infrastructure; Recommended Management Practice; Record Tree; Recreational
Facility, Intensive; Recreational Facility, Low Intensive; Resource
Conservation Plan; Resource Extraction; Resource Management System
Plan; Root Raking; Scenic Corridors; Seed Tree Cut; Shelterwood Cut;
Sign; Solar Energy Facility; Structural Alteration; Subdivision; Submerged
Lands; Thinning; Utility Distribution Line; Vegetation; Wetlands;
(N.J.A.C. 7:50-6.3-6.5); Wetlands Management and Wetlands Soils.
b.
APPROVING AUTHORITY
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
FORESTRY
1.
2.
3.
4.
5.
6.
PINELANDS AREA, PLUMSTED TOWNSHIP
SEASONAL HIGH WATER TABLE
As used in this section, the following terms shall have the meanings
indicated:
Shall mean any board, body or other authority within the
Township with authority to approve, disapprove subdivision, site plans,
construction permits or other applications for development approval.
Shall mean any approval to develop which is granted by an
approval agency, including appeals to the governing body, except for
certificates of occupancy and variances which do not otherwise include
issuance of a construction permit, subdivision, or site plan approval.
Shall mean any division of land into five or more lots; any
construction or expansion of any housing development of five or more
dwelling units; any construction or expansion of any commercial or
industrial use or structure on a site of more than three acres; or
any grading, clearing, or disturbance of an area in excess of 5,000
square feet.
Shall mean all development other than major development.
Shall mean the planting, cultivating and harvesting of trees
for the production of wood products, including firewood or for forest
health. It includes such practices as reforestation, site preparation
and other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
Shall mean that area of Plumsted Township designated as part
of the Pinelands Area by Section 10(a) of the New Jersey Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.).
Shall mean the level below the natural ground surface to
which water seasonally rises in the soil in most years.
[Ord. 8/9/82, § 2; Ord. 5/27/88, § 8]
a.
List of Zones. In order to regulate and limit the type and location
of uses, and density and intensity with which lands are to be utilized,
the Pinelands area is hereby divided into five zones, which shall
be known as:
|
PA
|
Preservation Area Zone;
|
|
FA
|
Forest Area Zone;
|
|
RD-1
|
Rural Development Area Zone;
|
|
RD-2
|
Rural Development Area Zone;
|
|
MI
|
Military Installation Zone.
|
b.
Official Zoning Map. The boundaries of the five zones established
herein are shown upon the map entitled "Official Zoning Map of Plumsted
Township" which is hereby adopted by reference and declared to be
part of this chapter.
[Ord. 8/9/82, § 2; Ord. 5/27/88, § 12;
Ord. 5/8/89, § 2; Ord. #92-14, § 1; Ord. #97-01, § 8; Ord. No. 2012-04 §§ 4,5]
Use of the land in the preservation area zone shall be limited
to the following:
a.
Detached single-family dwellings on lots of three and two-tenths acres in accordance with Subsection 15-14.21o;
b.
Agricultural employee housing as an element of, and accessory to,
an active agricultural operation;
c.
Berry agriculture and horticulture of native plants and other agricultural
activities compatible with the existing soil and water conditions
that support traditional Pinelands berry agriculture;
d.
Forestry;
e.
Beekeeping;
f.
Fish and wildlife management and wetlands management;
g.
Low-intensity recreational uses, provided that:
1.
The parcel proposed for low-intensity recreational use has an area
of at least 50 acres;
2.
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
3.
Access to bodies of water is limited to no more than 15 linear feet
of frontage per 100 feet of water body frontage;
4.
The parcel will contain no more than one campsite per two acres,
provided that the campsites shall not be clustered at a net density
exceeding six campsites per acre;
5.
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed five percent of the parcel; and
6.
No more than one percent of the parcel will be covered with impervious
surfaces;
h.
Public service infrastructure which is necessary to serve only the
needs of the preservation area zone uses; centralized waste water
treatment and collection facilities shall be permitted to service
the PA preservation area zone only in accordance with Subsection 15-14.21g4(b);
j.
Accessory uses;
k.
Pinelands Development Credits;
l.
Notwithstanding the minimum lot areas set forth above, no such minimum
lot area for a nonresidential use within the PA zone shall be less
than that needed to meet the water quality standards of Subsection
15-14.21g4(d), whether or not the lot may be served by a centralized
sewer treatment or collection system;
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/27/88, §§ 13, 15, 16; Ord. 5/8/89, § 3;
Ord. #92-14, §§ 2, 3; Ord. #97-01, §§ 9-11;
Ord. #2012-04, §§ 6-8]
a.
The following uses shall be permitted in the forest area zone:
1.
Detached single family dwellings on lots of three and two-tenths acres, in accordance with Subsection 15-14.21o.
2.
Detached single-family dwelling units in accordance with subsections (a) through (f) below, provided that clustering of the permitted single-family detached dwellings in accordance with Subsection 15-14.21s shall be required whenever two or more units are proposed as part of a residential development.
3.
Agriculture;
4.
Agricultural employee housing as an element of, and necessary to,
an active agricultural operation;
5.
Forestry;
6.
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed five percent of the parcel; and
(e)
No more than one percent of the parcel will be covered with
impervious surfaces;
7.
Expansion of intensive recreational uses, provided that:
(a)
The intensive recreational use was in existence on February
7, 1979 and the capacity of the use will not exceed two times the
capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational use of a particular
element of the existing Pinelands environment; and
(c)
The use is environmentally and aesthetically compatible with
the character of the Pinelands forest area and the characteristics
of the particular basin in which the use is to be located, taking
into consideration the proportion of cleared and developed land, ambient
water quality, ecologically sensitive areas and unique resources,
and will not unduly burden public services.
8.
Public service infrastructure intended to primarily serve the needs
of the Pinelands. Centralized waste water treatment and collection
facilities shall be permitted to service the FA forest area zone only
in accordance with Subsection 15-14.21g4(b);
10.
Accessory uses;
b.
Conditional Uses.
1.
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or
satellite development in the forest area zone;
(b)
The application has demonstrated that adequate public service
infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the forest
area zone in which the use is to be located.
2.
Pinelands resource-related industrial or manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products,
provided that:
4.
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of
at least 50 feet;
(b)
No portion of any structure proposed for development will be
more than 300 feet, measured along a line parallel to the roadway,
from the closest part of a roadside retail sales and service establishment
structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden public services, including
but not limited to water, sewer and roads.
5.
Fish and wildlife management.
7.
Single-family detached dwellings in the FA Forest Area Zone, which are not clustered in accordance with the standards of Subsection 15-14.21s above may be permitted, provided that:
(a)
The Planning Board finds that:
(1)
Clustering of the proposed dwellings would be inconsistent with the standards of § 15-14, Pinelands Area Requirements; or
(2)
Clustering of the proposed dwellings would disrupt the contiguity
of the forest ecosystem to a greater degree than nonclustered development.
The extent to which the development of new roads might impact forest
contiguity shall be considered in determining whether this standard
is met.
(b)
The following minimum standards are met:
c.
Notwithstanding the minimum lot areas set forth above, no such minimum
lot area for a nonresidential use within the FA zone shall be less
than that needed to meet the water quality standards of Subsection
15-14.21g4(d), whether or not the lot may be served by a centralized
sewer treatment or collection system.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/27/88, § 17; Ord. 5/8/89, § 4; Ord. #92-14, §§ 4,
5; Ord. #97-01, § 12; Ord. #99-09, § 1; Ord. #
2012-04, §§ 9, 10]
a.
The following uses shall be permitted in the RD-1 rural development
area zone:
1.
Detached single-family dwelling units in accordance with subsections (a) through (f) below, provided that clustering of the permitted single-family detached dwellings in accordance with Subsection 15-14.21s shall be required whenever two or more units are proposed as part of a residential development.
2.
Agriculture.
3.
Agricultural employee housing as an element of, and accessory to,
an active agricultural operation.
4.
Forestry.
5.
Recreational facilities, other than amusement parks.
6.
Agricultural commercial establishments.
7.
Agricultural processing facilities and other light industrial uses.
8.
Public service infrastructure, except that centralized waste water
treatment and collection facilities shall be permitted in the rural
development area zone only in accordance with Subsection 15-14.21g4(b).
9.
Institutional uses.
b.
Permitted Accessory Uses.
2.
Single-family detached dwellings in the RD-1 Rural Development Area Zone, which are not clustered in accordance with the standards of Subsection 15-14.21s may be permitted, provided that:
(a)
The Planning Board finds that:
(1)
Clustering of the proposed dwellings would be inconsistent with the standards of § 15-14, Pinelands Area Requirements; or
(2)
Clustering of the proposed dwellings would disrupt the contiguity
of the forest ecosystem to a greater degree than nonclustered development.
The extent to which the development of new roads might impact forest
contiguity shall be considered in determining whether this standard
is met.
3.
Other customary accessory uses and buildings.
d.
Notwithstanding the minimum lot areas set forth above, no such minimum
lot area for a nonresidential use within the RD-1 zone shall be less
than that needed to meet the water quality standards of Subsection
15-14.21g4(d), whether or not the lot may be served by the centralized
sewer treatment or collection system.
[Ord. 8/9/82, § 2; Ord. 5/8/89, § 6;
Ord. #92-14, § 6; Ord. # 2012-04, § 11]
b.
Permitted accessory uses.
1.
Same as for RD-1 zone.
2.
Single-family detached dwellings in the RD-2 Rural Development Area Zone, which are not clustered in accordance with the standards of Subsection 15-14.21s may be permitted, provided that:
(a)
The Planning Board finds that:
(1)
Clustering of the proposed dwellings would be inconsistent with the standards of § 15-14, Pinelands Area Requirements; or
(2)
Clustering of the proposed dwellings would disrupt the contiguity
of the forest ecosystem to a greater degree than nonclustered development.
The extent to which the development of new roads might impact forest
contiguity shall be considered in determining whether this standard
is met.
(b)
The minimum standards set forth in Subsection 15-14.6b2(b) are
met.
d.
Notwithstanding the minimum lot areas set forth above, no such minimum
lot area for a nonresidential use within the RD-2 zone shall be less
than that needed to meet the water quality standards of Subsection
15-14.21g4(d), whether or not the lot may be served by the centralized
sewer treatment or collection system.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/23/88, § 18; Ord. #97-01, § 13]
a.
Any use associated with the function of the federal installation
may be permitted in the MI military installation zone, provided that:
1.
Where feasible, development shall be located in that portion of the
installation within the Pinelands protection area;
2.
The use shall not require any development, including public service
infrastructure in the PA preservation area zone or in the FA forest
area zone;
3.
No hazardous waste facility, landfill or incinerator shall be permitted,
except as expressly authorized in N.J.A.C. 7:50-6.75 or 6.78; and
b.
Any other public purpose use undertaken by or on behalf of another
level of government may be permitted in the MI military installation
zone, provided that:
1.
The use is sanctioned by the installation;
2.
The use is located within a substantially developed area which is
served by a centralized sewer treatment and collection system;
3.
No hazardous waste facility, landfill or incinerator shall be permitted,
except as expressly authorized in N.J.A.C. 7:50-6.75 or 6.78; and
[Ord. 8/9/82, § 2; Ord. #97-01, § 14]
a.
Notwithstanding the density limitations or other provisions of this
section, a single-family dwelling may be developed on a parcel of
land of one (1) acre or more in the FA forest area zone, 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, 1989.
[Ord. 8/9/82, § 2; Ord. 5/23/88, §§ 19,
20; Ord. No. 90-30, §§ 1-4;
Ord. #92-14, §§ 7-11; Ord. #97-01, §§ 15-19;
Ord. # 2012-04, §§ 12,13]
a.
The following general regulations apply only to the development of
lands in the Pinelands area and are in addition to the regulations
contained in the remainder of this chapter.
1.
Expansion of Existing Uses. Notwithstanding the use restrictions contained in subsections 15-14.4 through 15-14.9 above, any use existing on January 14, 1981 that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Subsection 15-14.21, may be expanded or altered provided that: the use was not abandoned or terminated subsequent to January 14, 1981; the expansion or alteration of the use is in accordance with all of the minimum standards of Subsection 15-14.21; and the area of expansion does not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
2.
Height Limitations.
(a)
No structure, including radio and television transmission and
other communication facilities which are not accessory to an otherwise
permitted use, shall exceed a height of 35 feet, except as provided
in paragraphs (b) and (c) below.
(b)
The height limitation in Subsection (a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the objectives of Subsection 15-14.21h, Scenic: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
3.
No more than one principal use shall be located on one lot, except
for forestry, agriculture, horticulture, fish and wildlife management,
wetlands management, and recreational development on agricultural
lands.
4.
Pinelands Development Credits. Except for land which was owned by
a public agency on January 14, 1981, land which is thereafter purchased
by the state for conservation purposes, land which is subject to an
easement limiting the use of land to nonresidential uses, or land
otherwise excluded from entitlement below, every parcel of land in
the PA preservation area zone shall have a use right known as "Pinelands
Development Credits" that can be used to secure a density bonus for
lands located in a Pinelands Regional Growth Area. Pinelands Development
Credits may also be allocated to certain properties in the Township
by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(a)
Pinelands Development Credits are hereby established in the
PA preservation area zone at the following ratios:
(1)
Uplands which are undisturbed but currently or
previously approved for resource extraction pursuant to this chapter:
two Pinelands Development Credits per 39 acres;
(2)
Uplands which are mined as a result of a resource
extraction permit approved pursuant to this chapter: zero Pinelands
Development Credits per 39 acres;
(3)
Other uplands: one Pinelands Development Credit
per 39 acres; and
(4)
Wetlands: two-tenths Pinelands Development Credits
per 39 acres.
(b)
The allocations established in Subsection (a) above shall be reduced as follows:
(1)
Any property of ten acres or less which is developed
for a commercial, industrial, resource extraction, intensive recreation,
institutional, campground or landfill use shall not receive Pinelands
Development Credit entitlement. For such an improved property of more
than ten acres, the area actively used for such use or ten acres,
whichever is greater, shall not receive Pinelands Development Credit
entitlement.
(2)
The Pinelands Development Credit entitlement of
a parcel of land shall be reduced by one-quarter Pinelands Development
Credit for each existing dwelling unit on the property.
(3)
The Pinelands Development Credit entitlement for a parcel of land shall be reduced by one-quarter Pinelands Development Credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection (f) below or when a variance for cultural housing is approved by the Township pursuant to Subsection 15-14.21p.
(4)
The Pinelands Development Credit entitlement for
a parcel of land shall also be reduced by one-quarter Pinelands Development
Credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61
et seq. when a waiver of strict compliance is granted by the Pinelands
Commission.
(c)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands Development Credit at the same ratio established in Subsection (a) above.
(d)
Notwithstanding the provisions above, the owner of record of one-tenth or greater acres of land in the PA zone as of February 7, 1979 shall be entitled to one-quarter Pinelands Development Credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979 and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than one-tenth acres of land in the PA zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsection (a) above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least one-tenth of an acre.
(e)
No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection (h) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
(f)
Notwithstanding the provision of Subsection (e) above, an owner of property from which Pinelands Development Credits are sold may retain a right for residential development on that property provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands Development Credits for that property is reduced by one-quarter Pinelands Development Credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(g)
No conveyance, sale, or transfer of Pinelands Development Credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands Development Credits were obtained,
the agency or organization to which the restriction is in favor, and
the Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
(h)
Such deed restriction shall specify the number of Pinelands
Development Credits sold and that the property may only be used in
perpetuity for the following uses in the PA Preservation Area zone:
Berry agriculture; horticulture of native Pinelands plants; forestry;
beekeeping; fish and wildlife management; wetlands management; agricultural
employee housing as an accessory use; low-intensity recreational uses
in which the use of motorized vehicles is not permitted except for
necessary transportation, access to water bodies is limited to no
more than 15 feet of frontage per 1,000 feet of frontage on the water
body, clearing of vegetation does not exceed 5% of the parcel, and
no more than 1% of the parcel will be covered with impervious surfaces;
and accessory uses. In all other Pinelands zoning districts: agriculture;
forestry; and low-intensity recreational uses.
[Amended 3-6-2019 by Ord. No. 2019-05]
(i)
Pinelands Development Credits shall be used in the following
manner:
(j)
In no case shall a building or construction permit be issued
for any development involving the use of Pinelands Development Credits
until the developer has provided the Pinelands Commission and the
Township with evidence of his ownership of the requisite Pinelands
Development Credits and those Pinelands Development Credits have been
redeemed with the Township.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/23/88, § 22; Ord. 5/8/89, § 7; Ord. #92-14, §§ 7-11;
Ord. #97-01, §§ 20, 21]
b.
Except as provided in Subsection c below, the following shall not be subject to the procedures set forth in subsections 15-14.12 through 15-14.20.
1.
The improvement, expansion, or reconstruction within five years of
destruction or demolition, of any single-family dwelling unit or appurtenance
thereto;
2.
The improvement, expansion, construction, or reconstruction of any
structure accessory to a single-family dwelling;
3.
The improvement, expansion, construction, or reconstruction of any
structure used exclusively for agricultural or horticultural purposes;
4.
The construction, repair, or removal of any sign, except for the
construction or replacement of any off-site commercial advertising
sign;
5.
The repair of existing utility distribution lines;
6.
The clearing of less than 1,500 square feet of land;
7.
The construction of any addition or accessory structure for any nonresidential
use or any multi-family residential structure provided that:
[Amended 3-6-2019 by Ord. No. 2019-05]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
8.
The demolition of any structure that is less than 50 years old.
9.
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
10.
The repair or replacement of any existing on-site waste water
disposal system;
11.
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width of said roads and surfaces
will occur;
[Amended 3-6-2019 by Ord. No. 2019-05]
12.
The clearing of land solely for agricultural or horticultural
purposes;
[Amended 3-6-2019 by Ord. No. 2019-05]
13.
Fences, provided no more than 1,500 square feet of land is to
be cleared;
14.
Above-ground telephone equipment cabinets;
15.
Tree pruning;
16.
The following forestry activities:
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
17.
Prescribed burning and the clearing and maintaining of fire
breaks; or
18.
Normal and customary landscape plantings, unless a landscaping
plan is required pursuant to §§ 15-7.2o or 15-14.21b3.
19.
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 3-6-2019 by Ord.
No. 2019-05]
20.
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 3-6-2019 by Ord.
No. 2019-05]
21.
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 3-6-2019 by Ord.
No. 2019-05]
22.
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 3-6-2019 by Ord.
No. 2019-05]
c.
The exceptions contained in Subsection b above shall not apply to
any historic resources designated by the Pinelands Commission pursuant
to N.J.A.C. 7:50-6.154.
d.
Nothing herein shall preclude any local or state agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/23/88, § 22; Ord. #97-01, §§ 22, 23]
a.
Minor Development.
1.
Any application for approval of minor development shall include at
least the following information:
(a)
The applicant's name and address and his interest in the subject
property;
(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 legal description, including block and lot designation and
street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed
development;
(f)
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 the zoning designation
are shown;
(g)
A plat or plan showing the location of all boundaries of the
subject property, the location of all proposed development, and existing
or proposed facilities to provide water for the use and consumption
of occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(1)
On-Site Treatment Facilities: Location, size, type
and capacity of any proposed on-site wastewater treatment facilities;
and
(2)
Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection 15-14.21g;
(h)
A location map, including the area extending at least 300 feet
beyond each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings
adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies and existing roads;
(i)
A soils map including a county soils survey which conforms to
the guidelines of the United States Department of Agriculture Soil
Conservation Service, showing the location of all proposed development;
(j)
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
(k)
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.
Other Development.
1.
Major Development. Any application for approval of major development,
except for forestry or resource extraction operations, shall include
at least the following information:
(a)
The applicant's name and address and his interest in the subject
property;
(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 legal description, including block and lot designation and
street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed
development, the number of total units; and the floor area of all
units to be included in the proposed development;
(f)
A written statement addressing each of the standards or guidelines
set forth in N.J.A.C. 7:50-5 and 7:50-6, and stating specifically
how the proposed development meets each such standard or guideline;
(g)
A plat or plan showing the location of all boundaries of the
subject property, the location of all proposed development, and existing
or proposed facilities to provide water for the use and consumption
of occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed wastewater treatment facilities:
(1)
Sanitary Sewer Distribution: Location, size and
direction of flow of all existing and proposed sanitary sewer lines
and pumping stations serving the proposed development and all existing
and proposed connections to existing facilities;
(2)
On-Site Treatment Facilities: Location, size, type
and capacity of any proposed on-site wastewater treatment facilities
including, except with respect to discharges into an individual residential
septic system, quantities, composition, proposed pretreatment and
ultimate means of disposal;
(3)
Soil Borings and Percolation Tests: If on-site
sewage disposal is proposed, results of soil borings and percolation
tests in accordance with the requirements of N.J.S.A. 58:11-23 et
seq. and the regulations adopted pursuant thereto, shall be submitted
with a tract map showing the location, logs and elevation of all test
holes, indicating where ground water was encountered, and estimating
the seasonal high water table; and
(4)
The proposed hours and days of operation and number
of employees of any nonresidential facility.
(h)
A project site base map, at a scale of no less than one inch
to 200 feet and including the areas extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings,
if any, adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies, and existing roads;
(i)
A soils map including a county soils survey in conformance with
the guidelines of the United States Department of Agriculture Soil
Conservation Service, at the same size and scale as the project site
base map, delineating all soil series at an appropriate level of detail
and, in sewered projects, sufficient soil borings to confirm the accuracy
of the soils map;
(j)
A slope map, at the same size and scale as the project site
base map, indicating contour elevations at two-foot intervals;
(k)
A resource capability map, at the same size and scale as the
project site base map, indicating the cumulative limitations to development
due to the standards and the guidelines contained in this Plan. This
map should be prepared prior to any engineering, site layout or design
work;
(l)
A proposed development map, at the same size and scale as the
project site base map, showing areas of proposed development; the
location of surveyor's tape or other markers placed on the site delineating
the boundaries of the property; the number of residential lots and
other type of development in each general area; all proposed lot lines;
areas proposed to be retained as open space; the applicable land use
areas boundaries; the location of proposed facilities such as dams
and impoundments, public or private water systems, storm drainage
systems, public or private sewerage systems, public utilities, soil
erosion and sedimentation control devices, industrial waste water
discharges and solid waste disposal areas; sources of air pollution;
the proposed primary road network; all areas to be disturbed by construction
activities; existing vegetation, identifying the predominant vegetation
types in the area; and all vegetation which is to be removed or disturbed
as a result of the proposed development, and the tree line before
and after development;
(m)
A map, at the same size and scale as the project site base map,
showing storm water drainage patterns and calculations and the applicant's
proposed storm water run-off management plan, which shall contain
results of all percolation tests and soil borings performed in each
recharge area including the estimated seasonal high water table;
(n)
Legal instruments evidencing the applicant's right, title or
interest in any Pinelands Development Credits and any existing or
proposed deed restrictions or easements relating to the subject parcel;
(o)
A landscaping schedule and plan on a map, of the same size and
scale as the project site base map, identifying the species of plants
to be installed and the quantity and location of all plants proposed
to be planted, demonstrating that the landscaping will be carried
out within six months of the completion of construction and demonstrating
that the landscaping will stabilize soils. Landscaping plans shall
incorporate the elements set forth in Subsection 15-14.21b4;
(p)
All public service infrastructure agreements, or other documentation,
evidencing the availability of electric, gas, water, sewer and other
necessary public service infrastructure;
(r)
A list of all permits required for the proposed development
from county, municipal, state and federal agencies;
(s)
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
2.
Forestry. An application for approval of forestry operations shall
be subject to the application requirements set forth in Subsection
15-14.21d1.
3.
Resource Extraction. An application for approval of resource extraction
operations shall be subject to the application requirements set forth
in Subsection 15-14.21f2.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/23/88, § 22; amended 3-6-2019 by Ord. No. 2019-05]
a.
Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the approval agency that
the application has been modified. Said notice shall contain:
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
3.
A brief description of the proposed development, including uses and
intensity of uses proposed;
4.
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
5.
The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency;
6.
The approval agency with which the application or change thereto
was filed;
7.
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plans or reports;
and
8.
The nature of the municipal approval or approvals being sought.
b.
Meetings and hearings. Where a meeting, hearing, or other formal
proceeding on an application for development approval in the Pinelands
Area is required, the applicant shall provide notice to the Pinelands
Commission by email, regular mail or delivery of the same to the principal
office of the Commission at least five days prior to such meeting,
hearing or other formal proceeding. Such notice shall contain at least
the following information:
1.
The name and address of the applicant;
2.
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
3.
The date, time and location of the meeting, hearing or other formal
proceeding;
4.
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
5.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission; and
6.
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
c.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any approval
agency or an appeal of any agency's decision. The applicant shall
within five days of the approval or denial give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
3.
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
4.
The date on which the approval or denial was issued by the approval
agency;
5.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
6.
Any revisions to the application not previously submitted to the
Commission;
7.
A copy of the resolution, permit, or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
a.
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection 15-14.13c above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the commission. If the applicant is notified that the commission will review the application for development, no development shall be carried out until such review has been completed.
b.
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board or the Pinelands Commission under the Interim Rules and
Regulations shall serve as the basis for Pinelands Commission review
of the local approval under this section.
c.
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
Where a prior approval has been granted by the Township, no
subsequent approval of an application for development approval shall
be obtained until one of the following is satisfied:
a.
Notification is received from the Pinelands Commission that review
of the Township's approval is not required; or
b.
Review of the Township's approval has been completed pursuant to
N.J.A.C. 7:50-4.37 through 4.42 and a Final Order regarding the approval
is received by the Township from the Pinelands Commission.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
If the Pinelands Commission disapproves an application for development
previously approved by an approving authority, such approval shall
be revoked by the approving authority within 30 days and the approving
authority shall thereafter deny approval of the application. If the
commission approves the decision of an approving authority subject
to conditions, the approving authority which had previously approved
the application shall, within 30 days, modify its approval to include
all conditions imposed by the commission and, if final approval of
the application is required, shall grant final approval only if the
application for approval demonstrates that the conditions specified
by the commission have been met by the applicant.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
The Pinelands Commission may participate in a hearing held in
the Township involving the development of land in the Pinelands area
pursuant to N.J.A.C. 7:50-4.36.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
All applications for major development, forestry, and resource
extraction shall be referred to the Environmental Commission for review
and comment.
[Ord. 6/13/83, § II; Ord. 5/23/88, § 22]
All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in this chapter and Chapter 14, Land Subdivision.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/23/88, § 22]
In amending the Township's master plan, this chapter, or Chapter 14, Land Subdivision, the Township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II;
Ord. 5/23/88, § 23; Ord. 5/8/89, § II; Ord. #92-14, §§ 12-14;
Ord. #97-01, §§ 24-41; Ord. #2006-35, §§ I-XII; Ord. No. 2012-04; §§ 14-18;
Ord. #2012-17; 3-6-2019 by Ord. No. 2019-05; amended 4-6-2023 by Ord. No. 2023-04]
The minimum standards and management programs of this subsection
shall be applicable to all proposed development in the Pinelands area.
These standards shall be deemed supplemental to the standards and
requirements applicable to development in the non-Pinelands areas
of the Township. In the case of conflict with other standards of this
chapter, the design standards and management programs contained in
this subsection shall supersede all other requirements and standards.
a.
Wetlands. Development shall be prohibited in all wetlands and wetlands
transition areas except as specifically authorized below:
1.
Horticulture of native Pinelands species and berry agriculture shall
be permitted in all wetlands subject to the requirements of N.J.A.C.
7:50-6.53. Beekeeping shall also be permitted in all wetlands.
2.
Forestry shall be permitted in all wetlands subject to the requirements
of N.J.A.C. 7:50-6.43—6.44.
3.
Wetlands management and fish and wildlife management shall be permitted
in wetlands in accordance with N.J.A.C. 7:50-6.10.
4.
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 shall be permitted in wetlands
provided that any development associated with those other uses does
not result in a significant adverse impact on the wetland as set forth
in N.J.A.C. 7:50-6.7.
5.
Private docks, piers, moorings, and boat launches for the use of
a landowner shall be permitted in all wetlands provided that the use
will not result in a significant adverse impact, as defined by N.J.A.C.
7:50-6.7, and conforms to all state and federal regulations.
6.
Commercial or public docks, piers, moorings, and boat launches shall
be permitted provided that: there is a demonstrated need for the facility
that cannot be met by existing facilities; the development conforms
with all state and federal regulations; and the development will not
result in a significant adverse impact as defined by N.J.A.C. 7:50-6.7.
7.
Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities provided that:
(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.
8.
No development except for those uses which are specifically authorized
in Subsection a1 and a2 hereof shall be carried out within 300 feet
of any wetland unless the applicant has demonstrated that the proposed
development will not result in a significant adverse impact on the
wetlands as defined by N.J.A.C. 7:50-6.7.
b.
Vegetation and Landscaping. Development within the Pinelands area
shall conform to the following standards with respect to vegetation
and landscaping:
1.
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.
2.
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
3.
All applications for major development shall contain a landscaping
or revegetation plan which incorporates the elements set forth in
Subsection 4 below.
4.
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
3 above or required pursuant to Subsection 15-7.2o shall incorporate
the following elements:
(a)
The limits of clearing shall be identified;
(b)
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;
(c)
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 non-residential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(d)
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:
(1)
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;
(2)
For limited ornamental purposes around buildings
and other structures; or
(3)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
5.
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.
c.
Fish and Wildlife. Development within the Pinelands area shall conform
to the following standards with respect to 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.A.C. 23:2A-1 et seq.
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.
d.
Forestry.
1.
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:
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year; and
(e)
Prescribed burning and the clearing and maintaining of fire
breaks.
2.
Forestry Application Requirements. The information in paragraphs
(a) or (b) below shall be submitted to the Township Zoning Officer
prior to the issuance of any forestry permit:
(a)
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.
(b)
For all other forestry applications:
(1)
The applicant's name and address and his interest
in the subject parcel;
(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 description, including block and lot designation
and street address, if any, of the subject parcel;
(4)
A description of all existing uses of the subject
parcel;
(5)
A brief written statement generally describing
the proposed forestry operation;
(6)
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;
(7)
A forestry management plan that includes, as appropriate:
(i)
A cover page for the plan containing:
[1]
The name, mailing address and telephone number
of the owner of the subject parcel;
[2]
The municipality and county in which the subject
parcel is located;
[3]
The block and lot designation and street address,
if any, of the subject parcel;
[4]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[5]
The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
(ii)
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
(iii)
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:
[1]
The number of acres;
[2]
The general condition and quality of each stand;
[3]
The overall site quality, relative to the management
goals and objectives identified in Subsection d2(b)(7)(ii) above;
[4]
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;
[5]
The age of representative trees;
[6]
The species composition, including overstory, understory,
ground layer structure and composition;
[7]
The stand cohort composition;
[8]
The percent cover;
[9]
The basal area;
[10]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[11]
The condition and species composition of advanced
regeneration when applicable;
[12]
A stocking table showing the stocking levels,
growth rates and volume;
[13]
Projections of intended future stand characteristics
at 10-, 20-, and 40-year intervals;
[14]
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 limited to, a description of:
[a]
Stand improvement practices;
[b]
Site preparation practices;
[c]
Harvesting practices;
[d]
Regeneration and reforestation practices;
[e]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[f]
Herbicide treatments;
[g]
Silvicultural treatment alter-natives;
[h]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[i]
Implementation instructions; and
[j]
Measures that will be taken to prevent the potential
spread of exotic plant species or Phragmites into wetlands; and
[15]
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
(iv)
A map of the entire parcel which includes the
following:
[1]
The owner's name, address and the date the map
was prepared;
[2]
An arrow designating the north direction;
[3]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[4]
The location of all property lines;
[5]
A delineation of the physical features such as
roads, streams and structures;
[6]
The identification of soil types (a separate map
may be used for this purpose);
[7]
A map inset showing the location of the parcel
in relation to the local area;
[8]
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 inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[9]
A legend defining the symbols appearing on the
map.
(8)
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 subsections 15-14.21b5 and 15-14.21c1;
(9)
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 Subsection 15-14.21k;
(10)
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 d3(i)(2) below;
(11)
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;
(12)
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
d3 below;
(13)
A Certificate of Filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
3.
Forestry Standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
(a)
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;
(b)
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;
(c)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
(1)
Clearcutting cedar and managing slash;
(2)
Controlling competition by other plant species;
(3)
Utilizing fencing and other retardants, where necessary,
to protect cedar from overbrowsing;
(4)
Utilizing existing streams as cutting boundaries,
where practical;
(5)
Harvesting during dry periods or when the ground
is frozen; and
(6)
Utilizing the least intrusive harvesting techniques,
including the use of winches, corduroy roads and helicopters, where
practical.
(d)
All forestry activities and practices shall be designed and
carried out so as to comply with the standards set forth in subsections
15-14.21b5 and 15-14.21c1. 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;
(e)
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;
(f)
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 Subsection 15-14.21k;
(g)
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 25 feet
in width. Where soils are severely erodible, slopes exceed ten percent
or streamside vegetation is not vigorous, the streamside management
zone shall be increased up to a maximum of 70 feet to buffer the water
body from adjacent forestry activities;
(h)
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:
(i)
The following standards shall apply to silvicultural practices
for site preparation, either before or after harvesting:
(1)
In areas with slopes of greater than ten percent,
an undisturbed buffer strip of at least 25 feet in width shall be
maintained along roads during site preparation to catch soil particles;
(2)
Herbicide treatments shall be permitted, provided
that:
(i)
The proposed treatment is identified in the forestry
application submitted to the Zoning Officer pursuant to Subsection
d2(b)(10) above;
(ii)
Control of competitive plant species is clearly
necessary;
(iii)
Control of competitive plant species by other,
nonchemical means is not practical;
(iv)
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
(v)
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 re-sprouting
outside those areas subject to the herbicide treatment;
(3)
Broadcast scarification and mechanical weeding
shall be permitted in all Pinelands Native Forest Types;
(4)
Disking shall be permitted, provided that:
(i)
It shall not be permitted in Pine Plains Native
Forest Types;
(ii)
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:
[1]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[2]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
(iii)
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
(iv)
It shall follow land contours when slopes are
discernible;
(5)
Root raking shall be permitted, provided that:
(i)
It shall not be permitted in Pine-Shrub Oak Native
Forest Types or Pine Plains Native Forest Types;
(ii)
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
(iii)
Root raking debris shall not be piled in wetlands;
(6)
Bedding shall be permitted only in recently abandoned,
cultivated wetlands where there are no established Pinelands Native
Forest Types; and
(7)
Drum chopping shall be permitted, provided that:
(i)
It shall not be permitted in Pine Plains Native
Forest Types except to create road shoulder fuelbreaks, which shall
be limited to 25 feet in width, or to create scattered early successional
habitats under two acres in size;
(ii)
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
(iii)
It shall adhere
to the following procedures:
[a]
No more than two passes shall be permitted except
to create scattered early successional habitats under two 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.
(j)
The following standards shall apply to silvicultural practices
for harvesting:
(1)
Clearcutting shall be permitted, provided that:
(i)
It shall not be permitted in Pine Plains Native
Forest Types;
(ii)
It shall be limited to 300 acres or five percent
of a parcel, whichever is greater, during any permit period;
(iii)
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;
(iv)
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 25-acre harvests shall be 50 feet
in width and, for a larger harvest, shall increase in width by one
foot for each acre of that harvest above 25, to a maximum of 300 feet
in width;
(v)
Where present on a parcel, a minimum of 18 dead
snags per acre of at least ten inches diameter breast height (DBH)
and six feet in height shall be left on the parcel for a minimum of
five years; and
(vi)
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;
(2)
Coppicing shall be permitted in all Pinelands Native
Forest Types, provided that:
(i)
It shall be limited to 500 acres in size or ten
percent of a parcel, whichever is greater, during any permit period;
(ii)
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;
(iii)
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 25-acre harvests shall be 50 feet
in width and, for a larger harvest, shall increase in width by one
foot for each acre of that harvest above 25, to a maximum of 300 feet
in width;
(iv)
Where present on a parcel, a minimum of 18 dead
snags per acre of at least ten inches DBH and six feet in height shall
be left on the parcel for a minimum of five years; and
(v)
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;
(3)
Seed tree cutting shall be permitted in all Pinelands
Native Forest Types, provided that:
(i)
It shall be limited to 500 acres in size or ten
percent of a parcel, whichever is greater, during any permit period;
(ii)
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;
(iii)
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 25-acre harvests shall be 50 feet
in width and, for a larger harvest, shall increase in width by one
foot for each acre of that harvest above 25, to a maximum of 300 feet
in width;
(iv)
Where present on a parcel, a minimum of 18 dead
snags per acre of at least ten inches DBH and six feet in height shall
be left on the parcel for a minimum of five years;
(v)
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;
(vi)
Dominant residual seed trees shall be retained
at a distribution of at least seven trees per acre; and
(vii)
Residual seed trees shall be distributed evenly
throughout the parcel; and
(4)
Shelterwood cutting, group selection and individual
selection shall be permitted in all Pinelands Native Forest Types.
(k)
The following standards shall apply to silvicultural practices
for forest regeneration:
(1)
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 k(2) below; and
(2)
Artificial regeneration shall be permitted in all
Pinelands Native Forest Types provided that:
(i)
The use of non-native cuttings, seedlings or seeds
shall not be permitted;
(ii)
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;
(iii)
Cuttings, seedlings or seeds shall be collected
and utilized so as to ensure genetic diversity; and
(iv)
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.
(l)
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.
(m)
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.
(n)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
4.
Forestry Permit Procedures.
(a)
Applications for forestry permits shall be submitted to the
Zoning Officer and shall be accompanied by an application fee of twenty-five
($25) dollars.
(b)
Within 14 days of receipt of an application, the Zoning Officer
shall determine whether the application is complete and, if necessary,
notify the applicant in writing of any additional information which
is necessary to complete the application. Should the Zoning Officer
fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
(c)
Within 45 days of determining an application to be complete
pursuant to Subsection 4(b) 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 3 above or disapprove any application
which does not meet the requirements of Subsection 3 above. Any such
notice of disapproval shall specifically set forth the deficiencies
of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection
4(c) above, the applicant shall have 30 days in which to correct the
deficiencies and submit any necessary revisions to the application
to the Zoning Officer for review. The Zoning Officer shall review
the revised application to verify conformity with the standards in
Subsection 3 above and shall, within 14 days of receipt of the revised
application, issue a forestry permit or disapprove the application
pursuant to Subsection 4(c) above.
(e)
Failure of the Zoning Officer to act within the time period
prescribed in paragraphs 4(c) and (d) 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.
(g)
Forestry permits shall be valid for a period of ten years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this ordinance
and the Pinelands Comprehensive Management Plan are met.
5.
Administrative Fees. Upon the issuance of a forestry permit pursuant
to Subsection 4(c) above, the applicant shall be required to pay a
sum of two hundred fifty ($250) dollars which shall serve as reimbursement
for any administrative costs incurred by the municipality during the
ten-year permit period. The applicant shall not be subject to any
additional fees or escrow requirements for the duration of the forestry
permit.
6.
Notification of Harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours written
notice of the intention to begin harvesting operations.
e.
Agriculture. Agricultural activities within the Pinelands area shall
conform to the following standards:
1.
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.
f.
Resource Extraction.
1.
Except as otherwise authorized in this chapter, the extraction or
mining of mineral resources other than sand, gravel, clay, and ilmenite
is prohibited. Resource extraction in the PA preservation area zone
and FA forest area zone is limited pursuant to N.J.A.C. 7:50-6, Part
VI.
2.
Any application filed for approval of resource extraction operations
in the Pinelands shall include at least the following information:
(a)
The applicant's name and address and his interest in the subject
property;
(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 legal description, including block and lot designation and
street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed
development;
(f)
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;
(g)
A topographic map at a scale of one inch equals 200 feet, showing
the proposed dimensions, location and operations on the subject property;
(h)
The location, size and intended use of all buildings;
(i)
The location of all points of ingress and egress;
(j)
A location map, including the area extending at least 300 feet
beyond each boundary of the subject property, showing all streams,
wetlands and significant vegetation, forest associations and wildlife
habitats;
(k)
The location of all existing and proposed streets and rights-of-way,
including railroad rights-of-way;
(l)
A soils map;
(m)
A reclamation plan which includes:
(1)
Method of stockpiling topsoil and overburden;
(2)
Proposed grading and final elevations;
(3)
Topsoil material application and preparation;
(4)
Type, quantity and age of vegetation to be used;
(5)
Fertilizer application including method and rates;
(6)
Planting method and schedules; and
(7)
Maintenance requirements schedule.
(n)
A signed acknowledgement 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;
(o)
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 two year duration of any approval which is granted. The
financial surety, which shall name the commission and the Township
as the oblige, shall be posted by the property owner or his agent
with the Township;
(p)
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
3.
Resource extraction operations shall be approved only if the applicant
can demonstrate the proposed operation complies with the "Resource
Extraction Standards", N.J.A.C. 7:50-6.68.
4.
All parcels of land which are used for resource extraction operations
shall be restored in accordance with the Restoration Standards contained
in N.J.A.C. 7:50-6.69.
5.
Nothing in this subsection shall be construed to relieve an applicant from satisfying the requirements of Chapter 10, Soil and Soil Removal, of the Plumsted Township Code.
6.
Board approvals authorizing resource extraction shall be effective
for a period of two years. Nothing in this subsection shall be construed
to prohibit any person from securing additional permits provided that
the requirements of this subsection are met.
g.
Water Quality. Development within the Pinelands area shall conform
to the following standards with respect to water quality:
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. For the purposes of this section, agricultural
use shall not be considered development.
2.
No development shall be permitted which does not meet the minimum
water quality standards of the State of New Jersey or the United States.
3.
Except as specifically authorized in this section, no development
which degrades surface or ground water quality or which establishes
new point sources of pollution shall be permitted.
4.
The following point and non-point sources may be developed and operated
in the Pinelands:
(a)
Development of new or the 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 (b) through (f) below, provided
that:
(1)
There will be no direct discharge into any surface
water body;
(2)
All discharges from the facility or use are of
a quality and quantity such that ground water existing from the parcel
of land or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen;
(3)
All public waste water treatment facilities are
designed to accept and treat septage; and
(4)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into ground water.
(b)
Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of Subsection (a) (2) above provided that:
(1)
There will be no direct discharge into any surface
water body;
(2)
The facility is designed only to accommodate waste
water from existing residential, commercial, and industrial development;
(3)
Adherence to Subsection (a) (2) 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
(4)
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 parts per
million nitrate/nitrogen.
(c)
Improvements to existing commercial, industrial, and waste water
treatment facilities which discharge directly into surface waters
provided that:
(1)
There is no practical alternative available that
would adhere to the standards of Subsection (a)(1) above;
(2)
There is no increase in the existing approved capacity
of the facility; and
(3)
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.
(d)
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:
(1)
The proposed development to be served by the system
is otherwise permitted pursuant to the provisions of this chapter;
(2)
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 ground water 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 (d)(3) 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 subsections 15-14.10a4 or 15-14.21q;
(3)
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;
(4)
The depth to seasonal high water table is at least
five feet;
(5)
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;
(6)
The system will be maintained and inspected in
accordance with the requirements of Subsection 5 below;
(7)
The technology has been approved for use by the
New Jersey Department of Environmental Protection; and
(8)
Flow values for nonresidential development shall
be determined based on the values contained in N.J.A.C. 7:9A-7.4,
as amended, except that number of employees may not be utilized in
calculating flow values for office uses. In the event that N.J.A.C.
7:9A-7.4 does not provide flow values for a specific use, but a flow
value is assigned for that use in 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.
(e)
Individual on-site septic waste water treatment systems which
are intended to reduce the level of nitrate/nitrogen in the waste
water, provided that:
(1)
The standards set forth in Subsection (d)(1) and
(d)(3) through (8) above are met;
(3)
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 ground water 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 (d)(3) above and the assumptions
and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire
contiguous parcel may include any contiguous lands to be dedicated
as open space as part of the proposed development but may not include
previously dedicated road rights-of-way or any contiguous lands that
have been deed restricted pursuant to subsections 15-14.10a4 or 15-14.21q.
5.
The owner of every on-site septic waste treatment facility shall,
as soon as suitable septage disposal facility capacity is available,
in accordance with the provisions of Chapter 326 of the Solid Waste
Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean
Water Act:
(a)
Have the facility inspected by a technician at least once every
three years;
(b)
Have the facility cleaned at least once every three years; and
(c)
Once every three years submit to the board of health serving
the Township a sworn statement that the facility has been inspected
and cleaned and is functional, setting forth the name of the person
who performed the inspection and cleaning and the date of such inspection.
6.
(Reserved)
7.
The owners of commercial petroleum storage tanks shall comply with
the requirements of Chapter 102 of the Laws of 1986.
8.
Prohibited Chemicals and Materials.
(a)
Use of septic tank cleaners and waste oil is prohibited in the
Pinelands area to the extent that such use will result in direct or
indirect introduction of such substances into the ground water or
any land;
(b)
All storage facilities for deicing chemicals shall be lined
to prevent leaking into the soils, and shall be covered with an impermeable
surface which shields the facility from precipitation;
(c)
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;
9.
Interbasin transfer of water between watersheds shall be avoided
to the maximum extent practical.
10.
Water shall not be exported from the Pinelands except as otherwise
provided in N.J.S.A. 58:1A7.1.
h.
Scenic. Except for those roads which provide for internal circulation
within residentially developed areas, all proposed development within
the Pinelands area shall conform to the requirements of this subsection
to ensure that development will take advantage of and enhance the
visual character of the Pinelands.
1.
Scenic Corridors.
(a)
All public, paved roads in the PA preservation area zone, FA
forest area zone, RD-1 and RD-2 rural development area zones shall
be considered scenic corridors.
2.
Special Requirements for Scenic Corridors.
(a)
Except as otherwise provided in this subsection, 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 200 feet from the center line of the scenic
corridor.
(b)
If compliance with the 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 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection 15-14.21b, Vegetation and Landscaping, of this section so as to provide screening from the corridor.
(c)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 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 Subsection 15-14.21b so as to provide screening between the building and the corridor.
3.
Signs, Pinelands Area.
(a)
No sign, other than warning or safety signs, which is designed
or intended to attract attention by sudden, intermittent or rhythmic
movement, or physical or lighting change, shall be permitted in the
Pinelands area.
(b)
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 in the Pinelands area.
(c)
No outdoor off-site commercial advertising sign, other than
signs advertising agricultural commercial establishments, shall be
permitted in the Pinelands area.
Off-site outdoor signs advertising agricultural commercial establishments
shall be permitted provided that:
(d)
Any existing sign which does not conform to paragraphs (a),
(b) and (c) above shall not be permitted to continue beyond January
14, 1991.
(e)
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.
4.
Signs, PA Preservation Area Zone.
(a)
No sign shall be constructed, repaired or maintained except
in accordance with the provisions of paragraphs h3 and h4 of this
subsection.
(b)
The following signs are permitted in the preservation area zone:
(1)
Official public safety and information signs displaying
road names, numbers and safety directions.
(2)
On-site signs advertising the sale or rental of
the premises, provided that: the area on one side of any such sign
shall not exceed 12 square feet; and no more than one sign is located
on any parcel of land held in common ownership.
(3)
On-site identification signs for schools, churches,
hospitals, or similar public service institutions, provided that:
the size of any such sign shall not exceed 12 square feet; and no
more than one sign is placed on any single property.
(4)
Trespassing signs or signs indicating the private
nature of a road, driveway, or premises, and signs prohibiting or
otherwise controlling fishing or hunting, provided that the size of
such signs does not exceed 12 square feet;
(5)
On-site professional, home occupation, or name
signs indicating the profession and/or activity and/or name of the
occupant of the dwelling, provided that: the size of any such sign
shall not exceed 12 square feet; and no more than one sign is permitted
for any individual parcel of land.
(6)
Onsite business or advertising signs, provided
that: no more than two signs are located on any one premises or on
the premises leased or utilized by any one business establishment;
and the total of such signs shall not exceed 20 square feet per side,
with the maximum height to the top of the sign not to exceed 15 feet
from the ground level.
(7)
Temporary signs advertising political parties or
candidates for election, provided that the size of any such sign does
not exceed four square feet.
(8)
Temporary on and off-site signs advertising civil,
social or political gatherings and activities, provided that the size
of such sign does not exceed four square feet.
5.
Motor Vehicle Screening and Storage. No more than ten 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 subsection shall
not apply to vehicles which are in operating condition and which are
maintained from agricultural purposes.
6.
Location of Utilities.
(a)
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.
(b)
Above-ground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with Subsection 15-14.21b, Vegetation.
(c)
All electrical transmission lines shall be located on existing
towers or underground to the maximum extent practical.
i.
Fire Management. All proposed development within the Pinelands area
shall conform to the requirements of this subsection in order to protect
life and property from forest fires.
1.
The following vegetation classification shall be used in determining
the fire hazard of a parcel of land:
|
FIRE HAZARD CLASSIFICATION
| |
|---|---|
|
HAZARD
|
VEGETATION TYPE
|
|
Low
|
Atlantic White Cedar
Hardwood Swamps
|
|
Moderate
|
Non-pine barrens forest
Prescribed burned areas
|
|
High
|
Fine 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
|
2.
No application for development approval shall be granted in moderate,
high and extreme fire hazard areas unless the applicant demonstrates
the following:
(a)
All proposed development, or units or sections thereof, of 25
dwelling units or more will have two accessways of a width and surface
composition sufficient to accommodate and support firefighting equipment;
(b)
All dead-end roads will terminate in a manner which provides
safe and efficient entry and exit for fire equipment;
(c)
The rights-of-way of all roads will be maintained so that they
provide an effective fire break;
(d)
A fire hazard fuel break is provided around structures proposed
for human use by the selective removal or thinning of trees, bushes,
shrubs and ground cover as follows:
(1)
In moderate fire hazard areas a fuel break of 30
feet measured outward from the structure in which: shrubs, understory
trees and bushes and ground cover are to be selectively removed, mowed,
or pruned on an annual basis; and all dead plant material is removed.
(2)
In high fire hazard areas a fuel break of 75 feet
measured outward from the structure in which: shrubs, understory trees
and bushes and ground cover are to be selectively removed, mowed or
pruned and maintained on an annual basis; and all dead plant material
is removed.
(3)
In extreme high hazard areas a fuel break of 100
feet measured outward from the structure in which: shrubs, understory
trees and bushes and ground cover are to be selectively removed, mowed
or pruned and maintained on an annual basis; no pine tree (Pinus spp.)
is closer than 25 feet to another pine tree; and all dead plant material
is removed.
(e)
All residential development of 100 dwelling units or more in
high or extreme fire hazard areas will have a 200 foot perimeter fuel
break between all structures and the forest in which:
(1)
Shrubs, understory trees and bushes 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, wetlands and waste disposal
sites shall be used as fire breaks to the maximum extent practical;
and
(4)
There is a specific program for maintenance.
(f)
All structures will meet the following specifications:
(1)
Roofs and exteriors will be constructed of fire
resistant materials such as asphalt rag felt roofing, tile, slate,
asbestos cement shingles, sheet iron, aluminum or brick. Fire retardant-treated
wood shingles or shake type roofs are prohibited in high or extreme
fire hazard areas.
(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 are prohibited in areas where vegetation
is higher than the roof.
j.
Recreation. All proposed development within the Pinelands area shall
conform to the following requirements:
1.
No power vessel in excess of ten horsepower shall operate on waters
within the Pinelands area.
2.
No motor vehicle other than fire, police or emergency vehicles or
those vehicles used for the administration or maintenance of any public
land shall be operated upon publicly owned land within the Pinelands
area. Other motor vehicles may operate on public lands for recreational
purposes on public highways and areas on land designated prior to
August 8, 1980, for such use by the State of New Jersey until designated
as inappropriate for such use by the Pinelands Commission.
3.
Route maps for organized off-road vehicle events shall be filed with
an approved plan by the executive director.
4.
All recreation areas and facilities shall be designed in accordance
with the New Jersey Department of Environmental Protection publication
"Administration Guidelines: Barrier-Free Design Standards for Parks
and Recreational Facilities."
5.
Improved bicycling facilities are provided only in conjunction with
paved roads.
k.
Historic Resource Preservation.
1.
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 5(b) below.
2.
Authority to Issue Certificates of Appropriateness.
3.
Certificate of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Township
committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
4.
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
5.
A cultural resource survey shall accompany all applications for major
development in order to determine whether any significant historic
resources exist on the parcel. Guidelines for this survey are contained
in Appendix B of the "Cultural Resource Management Plan," dated April
1991, as amended. In general, the survey shall include: a statement
as to the presence of any properties listed on the National and State
Registers of Historic Places on the site or within the area of the
projects' potential environmental impacts; a thorough search of state,
local and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
(a)
This requirement for a survey may be waived by the local approval
agency if:
(1)
There is insufficient evidence of significant cultural
activity on the project site or, in the case of archaeological resources,
within the vicinity;
(2)
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
(b)
A resource shall be deemed to be significant if it possesses
integrity of location, design, setting, materials, workmanship, feeling,
and association which reflects its significance in American history,
architecture, archaeology or culture under one or more of the following
criteria:
(1)
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
(2)
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
(3)
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
(4)
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.
6.
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.
7.
The effect of the issuance of a certificate of appropriateness is
as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection (b) below.
(b)
A certificate of appropriateness issued as a result of the cultural
resource survey requirement set forth in Subsection 5 above shall
be effective for two years. If the resource is not designated by the
Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township
Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two year
period, the historic resource standards of this section shall no longer
apply to the resource in question until such time as the Pinelands
Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
8.
The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance
of buildings, structures, and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings,
structures, and engineering resources; and
(d)
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.
9.
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 C.F.R. 66).
l.
Air Quality. 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. Applications for residential development
of 100 or more units and any other development involving more than
300 parking spaces located in any Pinelands zone 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.
m.
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.
n.
Energy Conservation. All development shall be carried out in a manner
which promotes energy conservation. Such measures may include southern
orientation of buildings, landscaping to permit solar access and the
use of energy conserving building materials.
o.
Cultural Housing. Residential dwelling units on three and two-tenths
acre lots may be permitted in the PA, FA, RD-1, RD-2 and MI zones,
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 individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
3.
The parcel of land on which the dwelling is to be located 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; and
4.
The person whose principal residence the dwelling unit will be has
resided in the Pinelands for at least five years and that person or
one or more members of that person's immediate family has resided
in the Pinelands for a total of at least 20 different years.
p.
Additional Provisions for Cultural Housing. Residential dwelling
units on one acre lots may be permitted in the PA, FA, RD-1, RD-2
and MI zones, provided that:
1.
The applicant satisfies all of the requirements set forth above in Subsection 15-14.21o of this chapter;
2.
The lot to be developed existed as of February 8, 1979, or was created
as a result of an approval granted by the Pinelands Development Review
Board or by the Pinelands Commission pursuant to the Interim Rules
and Regulations prior to January 14, 1981;
3.
The applicant qualifies for and receives from the Township a variance from the three and two-tenths acre lot size requirement set forth in Subsection 15-14.21o above;
4.
The applicant purchases and redeems one-quarter Pinelands Development
Credits; and
5.
Any Pinelands Development Credits allocated to the lot to be developed
are reduced pursuant to Subsection 15-14.10a4(b)(3) of this chapter.
q.
Density Transfer Program. Residential dwelling units on one acre
lots existing as of January 14, 1981, shall be permitted in the FA,
RD-1 and RD-2 zones, provided that:
1.
The owner of the lot proposed for development acquires sufficient
vacant contiguous or non-contiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 18
acres if development is proposed in the FA zone and at least three
and five-tenths acres if development is proposed in the RD-1 or RD-2
zones;
2.
If the lot proposed for development is located in the FA zone, all
lands acquired pursuant to Subsection 1 above, which may or may not
be developable, are located within the FA zone;
3.
If the lot proposed for development is located in the RD-1 or RD-2
zones, all lands acquired pursuant to Subsection 1 above, which may
or may not be developable, are located within either the RD-1 or RD-2
zones;
4.
All noncontiguous lands acquired pursuant to paragraphs 1, 2 and
3 above shall be permanently protected through recordation of a deed
of restriction in accordance with the following requirements:
(a)
The deed of restriction shall permit the parcel to be managed
for:
(1)
Low-intensity recreation, ecological management and forestry, provided that no more than five percent of the land may be cleared, no more than one percent of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 15;
(2)
Where agricultural use exists on a parcel to be
protected, the following standards shall apply:
(i)
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50 percent;
(ii)
For those agricultural uses established after
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for density transfer;
(iii)
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection (2)(ii) above, the deed of restriction shall permit the land to be managed only in accordance with Subsection (1) above and shall not provide for continuation of any agricultural use on the parcel; and
(iv)
The deed of restriction to be recorded pursuant
to paragraphs (2)(i) or (ii) above shall authorize agricultural uses
and provide that impervious surface may not exceed that which currently
exists or three percent, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Ocean County or the State Agricultural
Development Committee, evidence of their approval shall also be provided.
(b)
The deed of restriction shall be in favor of the parcel to be
developed and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pineland Commission. The deed restriction shall be in a form
to be approved by the Township Solicitor and the Pinelands Commission.
5.
Tax assessments for the acquired non-contiguous lands are combined
and assigned to the land to be developed; and
r.
Storm Drainage within Pinelands
Regulated Areas.
Editor's Note: Whenever the phrase "this ordinance" is used
in this subsection, it shall mean Subsection r.
1.
Scope and Purpose.
(a)
Policy Statement. Flood control, groundwater recharge, erosion
control and pollutant reduction shall be achieved using stormwater
management measures, including green infrastructure best management
practices (BMPs) and nonstructural stormwater management strategies.
Green infrastructure BMPs and low-impact development should be utilized
to meet the goal of maintaining natural hydrology to reduce stormwater
runoff volume, reduce erosion, encourage infiltration and groundwater
recharge, and reduce pollution. Green infrastructure BMPs and low-impact
development should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge contained in this ordinance.
(b)
Purpose. The purpose of this ordinance is to establish, within
the Pinelands Area portion of Plumsted Township, minimum stormwater
management requirements and controls as authorized by the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the
Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et
seq.) and the New Jersey Department of Environmental Protection (NJDEP)
Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The
standards in this ordinance are intended to minimize the adverse impact
of stormwater runoff on water quality and water quantity, to facilitate
groundwater recharge, and to control and minimize soil erosion, stream
channel erosion, sedimentation and pollution associated with stormwater
runoff. Moreover, Pinelands Area resources are to be protected in
accordance with the antidegradation policies contained in the New
Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).
Additionally, this ordinance is intended to ensure the adequacy of
existing and proposed culverts and bridges and to protect public safety
through the proper design and operation of stormwater BMPs. If there
are any conflicts between a provision required by the Pinelands CMP
and a provision required by the NJDEP, the Pinelands CMP provision
shall apply.
(c)
Applicability.
(1)
The terms "development," "major development" and
"minor development" are defined in Subsection 15-14.21r2 in accordance
with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions
of "development" and "major development" contained in the NJDEP Stormwater
Management Regulations (N.J.A.C. 7:8-1.2).
(2)
This ordinance shall apply within the Pinelands
Area to all major development, and to minor development meeting the
following criteria:
(i)
Development involving the construction of four
or fewer dwelling units;
(ii)
Development involving any nonresidential use and
resulting in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces; and
(iii)
Development involving the grading, clearing,
or disturbance of an area in excess of 5,000 square feet within any
five-year period. For development meeting this criterion, the stormwater
management standards for major development set forth in this ordinance
shall apply.
(3)
This ordinance shall apply to all development meeting
the criteria of paragraph (2) above that is undertaken by Plumsted
Township.
(4)
Except as provided in Subsection 15-14.21r10, the
exemptions, exceptions, applicability standards, and waivers of strict
compliance contained in the NJDEP Stormwater Management Regulations
at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.
(d)
Compatibility with Other Permit and Ordinance Requirements.
(1)
Development approvals issued pursuant to this ordinance
are to be considered an integral part of development approvals and
do not relieve the applicant of the responsibility to secure required
permits or approvals for activities regulated by any other applicable
code, rule, act, or ordinance. In their interpretation and application,
the provisions of this ordinance shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(2)
This ordinance is not intended to interfere with,
abrogate, or annul any other ordinances, rule or regulation, statute,
or other provision of law except that, where any provision of this
ordinance imposes restrictions different from those imposed by any
other ordinance, rule or regulation, or other provision of law, the
more restrictive provisions or higher standards shall control.
(3)
In the event that a regional stormwater management
plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1
et seq. for any drainage area(s) or watershed(s) of which Plumsted
Township is a part, the stormwater provisions of such a plan(s) shall
be adopted by Plumsted Township within one year of the adoption of
a Regional Stormwater Management Plan (RSWMP) as an amendment to an
Areawide Water Quality Management Plan. Local ordinances proposed
to implement the RSWMP shall be submitted to the Pinelands Commission
for certification within six months of the adoption of the RSWMP per
N.J.A.C. 7:8 and the Pinelands CMP.
2.
COMPACTION
CONTRIBUTORY DRAINAGE AREA
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DEVELOPMENT
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(b)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH POLLUTANT LOADING AREAS
HUC-11 or HYDROLOGIC UNIT CODE 11
HUC-14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED MOTOR VEHICLE SURFACE
(a)
(b)
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
WATERS OF THE STATE
WETLAND TRANSITION AREA
WETLANDS or WETLAND
Definitions. For the purpose of this ordinance, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this ordinance clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The change of or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In the case of development on agricultural land, i.e., lands
used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
development means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater runoff, sediments,
or dissolved materials drain to a particular receiving water body
or to a particular point along a receiving water body.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
Areas in industrial and commercial developments where solvents
and/or petroleum products are loaded/unloaded, stored, or applied,
areas where pesticides are loaded/unloaded or stored; areas where
hazardous materials are expected to be present in greater than "reportable
quantities" as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent
with NJDEP approved remedial action work plan or landfill closure
plan and areas with high risks for spills of toxic materials, such
as gas stations and vehicle maintenance facilities.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 – Engineering, 210-3-1 – Small Watershed
Hydrology (WINTR-55) Version 1.0, incorporated herein by reference,
as amended and supplemented, available with user guide and tutorials
at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
The process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
The manual maintained by the NJDEP providing, in part, design
specifications, removal rates, calculation methods, and soil testing
procedures approved by the NJDEP as being capable of contributing
to the achievement of the stormwater management standards specified
in this ordinance. The BMP Manual is periodically amended by the NJDEP
as necessary to provide design specifications on additional best management
practices and new information on already included practices reflecting
the best available current information regarding the particular practice
and the NJDEP's determination as to the ability of that best
management practice to contribute to compliance with the standards
contained in this ordinance. Alternative stormwater management measures,
removal rates, or calculation methods may be utilized, subject to
any limitations specified in this ordinance, provided the design engineer
demonstrates to the municipality, in accordance with Subsection 15-14.21r3(f)
and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design
will contribute to achievement of the design and performance standards
established by this ordinance.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
Any material(s) or machinery, located at an industrial facility
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area within 300 feet of any wetland.
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 or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands. The "New Jersey Pinelands Commission Manual for Identifying
and Delineating Pinelands Area Wetlands-a Pinelands Supplement to
the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in N.J.A.C. 7:50-2.11, 7:50-6.3, 7:50-6.4 and 7:50-6.5.
3.
Stormwater management requirements.
(a)
Stormwater management measures for development regulated under
this ordinance shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control, and stormwater runoff
quality treatment in accordance with this ordinance.
(1)
Major development shall meet the minimum design
and performance standards for erosion control established under the
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and
implementing rules at N.J.A.C. 2:90 and 16:25A.
(2)
All development regulated under this ordinance
shall meet the minimum design and performance standards for groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
at paragraphs (o), (p), and (q) below by incorporating green infrastructure
as provided at paragraph (n) below.
(b)
All development regulated under this ordinance shall incorporate
a maintenance plan for the stormwater management measures in accordance
with Subsection 15-14.21r9 below.
(c)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and
6.33.
(d)
Tables 1, 2, and 3 below summarize the ability of stormwater
best management practices identified and described in the New Jersey
Stormwater BMP Manual to satisfy the green infrastructure, groundwater
recharge, stormwater runoff quality and stormwater runoff quantity
standards specified in paragraphs (n), (o), (p), and (q) below. When
designed in accordance with the most current version of the New Jersey
Stormwater BMP Manual and this ordinance, the stormwater management
measures found in Tables 1, 2, and 3 are presumed to be capable of
providing stormwater controls for the design and performance standards
as outlined in the tables below. Upon amendments of the New Jersey
Stormwater BMP Manual to reflect additions or deletions of BMPs meeting
these standards, or changes in the presumed performance of BMPs designed
in accordance with the New Jersey Stormwater BMP Manual, the NJDEP
shall publish in the New Jersey Registers a notice of administrative
change revising the applicable table. The most current version of
the BMP Manual can be found on the NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
(e)
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables
1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f)
shall take precedence, except that in all cases the lowest point of
infiltration must maintain a minimum separation of two feet to seasonal
high water table as required by paragraph (h)(2) below unless otherwise
noted.
|
Table 1: Green Infrastructure BMPs for Groundwater Recharge,
Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
|
|
1(f)
| ||||
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a), (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
2(b)
| |||
|
Small-Scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
1(c)
| |||
|
Small-Scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale sand filter(a)
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with
a Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
|
No(c)
|
1(c)
| |||
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
2(i)
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
2(i)
|
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40 to 60
|
Yes
|
No
|
2
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
2
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
2
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
2(i)
|
|
Footnotes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at paragraph (n)(2) below.
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green
infrastructure" at Subsection 15-14.21r2.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of "green infrastructure" at Subsection 15-14.21r2.
|
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
(f)
An alternative stormwater management measure, alternative removal
rate, and/or alternative method to calculate the removal rate may
be used if the design engineer demonstrates the capability of the
proposed alternative stormwater management measure and/or the validity
of the alternative rate or method to the municipality. A copy of any
approved alternative stormwater management measure, alternative removal
rate, and/or alternative method to calculate the removal rate shall
be provided to the NJDEP and the Pinelands Commission in accordance
with Subsection 15-14.21r5(b). Alternative stormwater management measures
may be used to satisfy the requirements at paragraph (n) below only
if the measures meet the definition of "green infrastructure" at Subsection
15-14.21r2. Alternative stormwater management measures that function
in a similar manner to a BMP listed at paragraph (n)(2) below are
subject to the contributory drainage area limitation specified at
paragraph (n)(2) below for that similarly functioning BMP. Alternative
stormwater management measures approved in accordance with this subsection
that do not function in a similar manner to any BMP listed at paragraph
(n)(2) below shall have a contributory drainage area less than or
equal to 2.5 acres, except for alternative stormwater management measures
that function similarly to cisterns, grass swales, green roofs, standard
constructed wetlands, vegetative filter strips, and wet ponds, which
are not subject to a contributory drainage area limitation. Alternative
measures that function similarly to standard constructed wetlands
or wet ponds shall not be used for compliance with the stormwater
runoff quality standard unless a variance in accordance with Subsection
15-14.21r10 is granted from paragraph (n) below.
(g)
Hydraulic Impacts.
(1)
For all major development, groundwater mounding
analysis shall be required for purposes of assessing the hydraulic
impacts of mounding of the water table resulting from infiltration
of stormwater runoff from the maximum storm designed for infiltration.
The mounding analysis shall provide details and supporting documentation
on the methodology used. Groundwater mounds shall not cause stormwater
or groundwater to break out to the land surface or cause adverse impacts
to adjacent water bodies, wetlands, or subsurface structures, including,
but not limited to, basements and septic systems. Where the mounding
analysis identifies adverse impacts, the stormwater management measure
shall be redesigned or relocated, as appropriate.
(2)
For all applicable minor development, a design
engineer's certification that each green infrastructure stormwater
management measure will not adversely impact basements or septic systems
of the proposed development shall be required.
(h)
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed
to take into account the existing site conditions, including, but
not limited to, environmentally critical areas; wetlands; wetland
transition areas; flood-prone areas; slopes; depth to seasonal high
water table; soil type, permeability, and texture; drainage area and
drainage patterns; and the presence of solution-prone carbonate rocks
(limestone);
(2)
Stormwater management measures designed to infiltrate
stormwater shall be designed, constructed, and maintained to provide
a minimum separation of at least two feet between the elevation of
the lowest point of infiltration and the seasonal high water table;
(3)
Stormwater management measures designed to infiltrate
stormwater shall be sited in suitable soils verified by testing to
have permeability rates between one and 20 inches per hour. A factor
of safety of two shall be applied to the soil's permeability
rate in determining the infiltration measure's design permeability
rate. If such soils do not exist on the parcel proposed for development
or if it is demonstrated that it is not practical for engineering,
environmental, or safety reasons to site the stormwater infiltration
measure(s) in such soils, the stormwater infiltration measure(s) may
be sited in soils verified by testing to have permeability rates in
excess of 20 inches per hour, provided that stormwater is routed through
a bioretention system prior to infiltration. Said bioretention system
shall be designed, installed, and maintained in accordance with the
New Jersey Stormwater BMP Manual;
(4)
The use of stormwater management measures that
are smaller in size and distributed spatially throughout a parcel,
rather than the use of a single, larger stormwater management measure
shall be required;
(5)
Methods of treating stormwater prior to entering
any stormwater management measure shall be incorporated into the design
of the stormwater management measure to the maximum extent practical;
(6)
To avoid sedimentation that may result in clogging
and reduction of infiltration capability and to maintain maximum soil
infiltration capacity, the construction of stormwater management measures
that rely upon infiltration shall be managed in accordance with the
following standards:
(i)
No stormwater management measure shall be placed
into operation until its drainage area has been completely stabilized.
Instead, upstream runoff shall be diverted around the measure and
into separate, temporary stormwater management facilities and sediment
basins. Such temporary facilities and basins shall be installed and
utilized for stormwater management and sediment control until stabilization
is achieved in accordance with N.J.A.C. 2:90;
(ii)
If, for engineering, environmental, or safety
reasons, temporary stormwater management facilities and sediment basins
cannot be constructed on the parcel in accordance with paragraph (6)(i)
above, the stormwater management measure may be placed into operation
prior to the complete stabilization of its drainage area, provided
that the measure's bottom during this period is constructed at
a depth at least two feet higher than its final design elevation.
When the drainage area has been completely stabilized, all accumulated
sediment shall be removed from the stormwater management measure,
which shall then be excavated to its final design elevation; and
(iii)
To avoid compacting the soils below a stormwater
management measure designed to infiltrate stormwater, no heavy equipment,
such as backhoes, dump trucks, or bulldozers shall be permitted to
operate within the footprint of the stormwater management measure.
All excavation required to construct a stormwater management measure
that relies on infiltration shall be performed by equipment placed
outside the footprint of the stormwater management measure. If this
is not possible, the soils within the excavated area shall be renovated
and tilled after construction is completed. Earthwork associated with
stormwater management measure construction, including excavation,
grading, cutting, or filling, shall not be performed when soil moisture
content is above the lower plastic limit;
(7)
Dry wells shall be designed to prevent access by
amphibian and reptiles;
(8)
Stormwater management measures shall be designed
to minimize maintenance, facilitate maintenance and repairs, and ensure
proper functioning. Trash racks shall be installed at the intake to
the outlet structure, as appropriate, and shall have parallel bars
with one-inch spacing between the bars to the elevation of the water
quality design storm established at paragraph (p)(4) below. For elevations
higher than the water quality design storm, the parallel bars at the
outlet structure shall be spaced no greater than 1/3 the width of
the diameter of the orifice or 1/3 the width of the weir, with a minimum
spacing between bars of one inch and a maximum spacing between bars
of six inches. In addition, the design of trash racks must comply
with the requirements of Subsection 15-14.21r7(c)(1);
(9)
Stormwater management measures shall be designed,
constructed, and installed to be strong, durable, and corrosion resistant.
Measures that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(10)
Stormwater management BMPs shall be designed to
meet the minimum safety standards for stormwater management BMPs at
Subsection 15-14.21r7; and
(11)
The size of the orifice at the intake to the outlet
from the stormwater management BMP shall be a minimum of 2 1/2
inches in diameter.
(i)
Manufactured treatment devices may be used to meet the requirements
of this ordinance, provided the pollutant removal rates are verified
by the New Jersey Corporation for Advanced Technology and certified
by the NJDEP. Manufactured treatment devices that do not meet the
definition of "green infrastructure" at Subsection 15-14.21r2 may
be used only under the circumstances described at paragraph (n)(4)
below.
(j)
Any application for a new agricultural development that meets
the definition of "major development" at N.J.A.C. 7:8-1.2 shall be
submitted to the Soil Conservation District for review and approval
in accordance with the requirements at paragraphs (n), (o), (p), and
(q) below and any applicable Soil Conservation District guidelines
for stormwater runoff quantity and erosion control. For purposes of
this subsection, "agricultural development" means land uses normally
associated with the production of food, fiber, and livestock for sale.
Such uses do not include the development of land for the processing
or sale of food and the manufacture of agriculturally related products.
(k)
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at paragraphs (o), (p), and (q) below shall be met in each drainage
area, unless the runoff from the drainage areas converge on-site and
no adverse environmental impact would occur as a result of compliance
with any one or more of the individual standards being determined
utilizing a weighted average of the results achieved for that individual
standard across the affected drainage areas.
(l)
Any stormwater management measure authorized under the municipal
stormwater management plan or this ordinance shall be reflected in
a deed notice recorded in the Ocean County Clerk's office. A
form of deed notice shall be submitted to the municipality for approval
prior to filing. The deed notice shall contain a description of the
stormwater management measure(s) used to meet the green infrastructure,
groundwater recharge, stormwater runoff quality, and stormwater runoff
quantity standards at paragraphs (n), (o), (p), and (q) below and
shall identify the location of the stormwater management measure(s)
in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and
Longitude in decimal degrees. The deed notice shall also reference
the maintenance plan required to be recorded upon the deed pursuant
to Subsection 15-14.21r9(b)(5). Prior to the commencement of construction,
proof that the above required deed notice has been filed shall be
submitted to the municipality. Proof that the required information
has been recorded on the deed shall be in the form of either a copy
of the complete recorded document or a receipt from the Clerk or other
proof of recordation provided by the recording office. However, if
the initial proof provided to the municipality is not a copy of the
complete recorded document, a copy of the complete recorded document
shall be provided to the municipality within 180 calendar days of
the authorization granted by the municipality.
(m)
A stormwater management measure approved under the municipal
stormwater management plan or this ordinance may be altered or replaced
with the approval of the municipality, if the municipality determines
that the proposed alteration or replacement meets the design and performance
standards contained in paragraphs (n), (o), (p), and (q) below and
provides the same level of stormwater management as the previously
approved stormwater management measure that is being altered or replaced.
If an alteration or replacement is approved, a revised deed notice
shall be submitted to the municipality for approval and subsequently
recorded with the Ocean County Clerk's office and shall contain
a description and location of the stormwater management measure, as
well as reference to the maintenance plan, in accordance with paragraph
(l) above. Prior to the commencement of construction, proof that the
above required deed notice has been filed shall be submitted to the
municipality in accordance with paragraph (l) above.
(n)
Green Infrastructure Standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards of this ordinance.
(2)
To satisfy the groundwater recharge and stormwater
runoff quality standards at paragraphs (o) and (p) below, the design
engineer shall utilize BMPs identified in Table 1 at paragraph (e)
above and/or an alternative stormwater management measure approved
in accordance with paragraph (f) above. The following green infrastructure
BMPs are subject to the following maximum contributory drainage area
limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement system
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-Scale bioretention systems
|
2.5 acres
|
|
Small-Scale infiltration basin
|
2.5 acres
|
|
Small-Scale sand filter
|
2.5 acres
|
(3)
To satisfy the stormwater runoff quantity standards
at paragraph (q) below, the design engineer shall utilize BMPs identified
in Table 1 or 2 at paragraph (e) above and/or an alternative stormwater
management measure approved in accordance with paragraph (f) above.
(4)
If a variance in accordance with Subsection 15-14.21r10
is granted from the requirements of this subsection, then BMPs from
Table 1, 2, or 3 at paragraph (e) above and/or an alternative stormwater
management measure approved in accordance with paragraph (f) above
may be used to meet the groundwater recharge, stormwater runoff quality,
and stormwater runoff quantity standards at paragraphs (o), (p), and
(q) below.
(5)
For separate or combined storm sewer improvement
projects, such as sewer separation, undertaken by a government agency
or public utility (for example, a sewerage company), the requirements
of this subsection shall only apply to areas owned in fee simple by
the government agency or utility, and areas within a right-of-way
or easement held or controlled by the government agency or utility;
the entity shall not be required to obtain additional property or
property rights to fully satisfy the requirements of this subsection.
Regardless of the amount of area of a separate or combined storm sewer
improvement project subject to the green infrastructure requirements
of this subsection, each project shall fully comply with the applicable
groundwater recharge, stormwater runoff quality control, and stormwater
runoff quantity standards at paragraphs (o), (p), and (q) below.
(o)
Groundwater Recharge Standards.
(1)
This subsection contains the minimum design and
performance standards for groundwater recharge as follows.
(2)
For all major development, the total runoff volume
generated from the net increase in impervious surfaces by a ten-year,
twenty-four-hour storm shall be retained and infiltrated on-site.
(3)
For minor development that involves the construction
of four or fewer dwelling units, the runoff generated from the total
roof area of the dwelling(s) by a ten-year, twenty-four-hour storm
shall be retained and infiltrated through installation of one or more
green infrastructure stormwater management measures designed in accordance
with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure
stormwater management measures include, but are not limited to, dry
wells, pervious pavement systems, and small-scale bioretention systems,
including rain gardens.
(4)
For minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces, the water quality design storm
volume generated from these surfaces shall be recharged on-site.
(5)
Stormwater from areas of high pollutant loading
and/or industrial stormwater exposed to source material shall only
be recharged in accordance with paragraph (p)(8) below.
(p)
Stormwater Runoff Quality Standards.
(1)
This subsection contains the minimum design and
performance standards to control stormwater runoff quality impacts
of:
(i)
Major development;
(ii)
Minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
(iii)
Any development involving the grading, clearing,
or disturbance of an area in excess of 5,000 square feet within any
five-year period.
(2)
Stormwater management measures shall be designed
to reduce the post-construction load of total suspended solids (TSS)
in stormwater runoff generated from the water quality design storm
established at paragraph (4) below as follows:
(i)
Eighty percent TSS removal of the anticipated load,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(ii)
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to
any stormwater runoff in a discharge regulated under a numeric effluent
limitation for TSS imposed under the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge
specifically exempt under an NJPDES permit from this requirement.
Every major development, including any that discharge into a combined
sewer system, shall comply with paragraph (2) above, unless the major
development is itself subject to an NJPDES permit with a numeric effluent
limitation for TSS or the NJPDES permit to which the major development
is subject exempts the development from a numeric effluent limitation
for TSS.
(4)
The water quality design storm is 1.25 inches of
rainfall in two hours. Water quality calculations shall take into
account the distribution of rain from the water quality design storm,
as reflected in Table 4, below. The calculation of the volume of runoff
may take into account the implementation of stormwater management
measures.
|
Table 4: Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(5)
If more than one BMP in series is necessary to
achieve the required 80% TSS reduction for a site, the applicant shall
utilize the following formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
| ||
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs;
and
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP;
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(6)
Stormwater management measures shall also be designed
to reduce, to the maximum extent feasible, the post-construction nutrient
load of the anticipated load from the developed site in stormwater
runoff generated from the water quality design storm established at
paragraph (4) above. In achieving reduction of nutrients to the maximum
extent feasible, the design of the site shall include green infrastructure
BMPs that optimize nutrient removal while still achieving the performance
standards in Subsection 15-14.21r3(o), (p), and (q).
(7)
For all major development, stormwater management
measures shall be designed to achieve a minimum of 65% reduction of
the post-construction total nitrogen load from the developed site,
including those permanent lawn or turf areas that are specifically
intended for active human use as described at N.J.A.C. 7:50-6.24(c)3,
in stormwater runoff generated from the water quality design storm
established at paragraph (4) above. In achieving a minimum 65% reduction
of total nitrogen, the design of the site shall include green infrastructure
in accordance with the New Jersey Stormwater BMP Manual and shall
optimize nutrient removal. The minimum 65% total nitrogen reduction
may be achieved by using a singular stormwater management measure
or multiple stormwater management measures in series.
(8)
In high pollutant loading areas (HPLAs) and/or
areas where stormwater runoff is exposed to source material, as defined
in Subsection 15-14.21r2, the following additional water quality standards
shall apply:
(i)
The areal extent and amount of precipitation falling
directly on or following over HPLAs and/or areas where stormwater
is exposed to source material shall be minimized through the use of
roof covers, canopies, curbing or other physical means to the maximum
extent practical in order to minimize the quantity of stormwater generated
from HPLA areas and areas where stormwater runoff is exposed to source
material;
(ii)
The stormwater runoff originating from HPLAs and/or
areas where stormwater runoff is exposed to source material shall
be segregated and prohibited from commingling with stormwater runoff
originating from the remainder of the parcel unless it is first routed
through one or more stormwater management measures required at paragraph
(iii) below;
(iii)
The stormwater runoff from HPLAs and/or areas
where stormwater runoff is exposed to source material shall incorporate
stormwater management measures designed to reduce the post-construction
load of TSS by at least 90% in stormwater runoff generated from the
water quality design storm established at paragraph (4) above using
one or more of the measures identified at paragraph [a] or [b] below.
In meeting this requirement, the minimum 90% removal of total suspended
solids may be achieved by utilizing multiple stormwater management
measures in series:
[a]
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high water table; and
[b]
Other measures certified by the NJDEP, including
a Media Filtration System manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology; and
(iv)
If the potential for contamination of stormwater
runoff by petroleum products exists on-site, prior to being conveyed
to the stormwater management measure required at paragraph (iii) above,
the stormwater runoff from the HPLAs and areas where stormwater runoff
is exposed to source material shall be conveyed through an oil/grease
separator or other equivalent manufactured filtering device providing
for the removal of petroleum hydrocarbons. The applicant shall provide
the review agency with sufficient data to demonstrate acceptable performance
of the device.
(9)
The Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-4.1(c)1 establish 300-foot riparian zones along Category One
waters, as designated in the Surface Water Quality Standards at N.J.A.C.
7:9B, and certain upstream tributaries to Category One waters. A person
shall not undertake a major development that is located within or
discharges into a 300-foot riparian zone without prior authorization
from the Department under N.J.A.C. 7:13.
(10)
Pursuant to the Flood Hazard Area Control Act
Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design
storm that is discharged within a 300-foot riparian zone shall be
treated in accordance with this subsection to reduce the post-construction
load of total suspended solids by 95% of the anticipated load from
the developed site, expressed as an annual average.
(q)
Stormwater Runoff Quantity Standards.
(1)
This subsection contains the minimum design and
performance standards to control stormwater runoff quantity impacts
related to applicable major and minor development.
(2)
In order to control stormwater runoff quantity
impacts, the design engineer shall, using the assumptions and factors
for stormwater runoff calculations at Subsection 15-14.21r4, complete
one of the following:
(i)
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(ii)
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(iii)
Design stormwater management measures so that
the post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50, 75 and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
(iv)
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with paragraphs (i), (ii), and (iii)
above is required unless the design engineer demonstrates through
hydrologic and hydraulic analysis that the increased volume, change
in timing, or increased rate of the stormwater runoff, or any combination
of the three will not result in additional flood damage below the
point of discharge of the major development. No analysis is required
if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean,
bay, or inlet and downstream of the first water control structure.
(3)
The stormwater runoff quantity standards shall
be applied at the site's boundary to each abutting lot, roadway,
watercourse, or receiving storm sewer system.
(4)
There shall be no direct discharge of stormwater
runoff from any point or nonpoint source to any wetland, wetlands
transition area, or surface water body. In addition, stormwater runoff
shall not be directed in such a way as to increase the volume and
rate of discharge into any wetlands, wetlands transition area, or
surface water body from that which existed prior to development of
the parcel.
(5)
To the maximum extent practical, there shall be
no direct discharge of stormwater runoff onto farm fields to protect
farm crops from damage due to flooding, erosion, and long-term saturation
of cultivated crops and cropland.
(r)
As-built requirements for major development are as follows:
(1)
After all construction activities have been completed
on the parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and retested until the required permeability
rates are achieved; and
(2)
After all construction activities and required
testing have been completed on the parcel, as-built plans, including
as-built elevations of all stormwater management measures, shall be
submitted to the municipal engineer or other appropriate reviewing
engineer to serve as a document of record. Based upon that engineer's
review of the as-built plans, all corrections or remedial actions
deemed necessary due to the failure to comply with design standards
and/or for any reason concerning public health or safety shall be
completed by the applicant. In lieu of review by the municipal engineer,
the municipality may engage a licensed professional engineer to review
the as-built plans and charge the applicant for all costs associated
with such review.
4.
Calculation of Stormwater Runoff and Groundwater Recharge.
(a)
Stormwater runoff shall be calculated by the design engineer using the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR- 55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873.
(b)
In calculating stormwater runoff using the NRCS methodology,
the appropriate twenty-four-hour rainfall depths as developed for
the parcel by the National Oceanic and Atmospheric Administration,
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall
be utilized.
(c)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. A runoff coefficient or a groundwater recharge land cover
for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
(d)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(e)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(f)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(g)
Groundwater recharge may be calculated in accordance with the
New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
5.
Sources for Technical Guidance.
(a)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the NJDEP's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are
contained in the New Jersey Stormwater BMP Manual, as amended and
supplemented. Information is provided on stormwater management measures
such as, but not limited to, those listed in Tables 1, 2, and 3 of
Subsection 15-14.21r3(e). The New Jersey Stormwater BMP Manual may
be utilized as a guide in determining the extent to which stormwater
management activities and measures meet the standards of this ordinance.
(2)
Additional maintenance guidance is available on
the NJDEP's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(b)
Submission of Documents.
(1)
Submissions required for review by the NJDEP should
be mailed to: The Division of Water Quality, New Jersey Department
of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625- 0420.
(2)
Submissions required for review by the Pinelands
Commission should be emailed to appinfo@pinelands.nj.gov.
6.
Solids and Floatable Materials Control Standards.
(a)
Site design features identified under Subsection 15-14.21r3(e),
or alternative designs in accordance with Subsection 15-14.21r3(f),
to prevent discharge of trash and debris from drainage systems shall
comply with the following standard to control passage of solid and
floatable materials through storm drain inlets. For purposes of this
paragraph, "solid and floatable materials" means sediment, debris,
trash, and other floating, suspended, or settleable solids. For exemptions
to this standard see paragraph (2) below.
(1)
Design engineers shall use one of the following
grates whenever they use a grate in pavement or another ground surface
to collect stormwater from that surface into a storm drain or surface
water body under that grate:
(i)
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
(ii)
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(iii)
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
(2)
The standard in paragraph (1) above does not apply:
(i)
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
9.0 square inches;
(ii)
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
(iii)
Where flows from the water quality design storm
established at Subsection 15-14.21r3(p)(4) are conveyed through any
device (e.g., end of pipe netting facility, manufactured treatment
device, or a catch basin hood) that is designed, at a minimum, to
prevent delivery of all solid and floatable materials that could not
pass through one of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
(iv)
Where flows are conveyed through a trash rack
that has parallel bars with one-inch spacing between the bars, to
the elevation of the water quality design storm established at Subsection
15-14.21r3(p)(4); or
(v)
Where the NJDEP determines, pursuant to the New
Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that
action to meet this standard is an undertaking that constitutes an
encroachment or will damage or destroy the New Jersey Register listed
historic property.
7.
Safety Standards for Stormwater Management Basins.
(a)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(b)
The provisions of this section are not intended to preempt more
stringent municipal or county safety requirements for new or existing
stormwater management BMPs. Municipal and county stormwater management
plans and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in paragraph (c)(1), (2), or (3) below for trash
racks, overflow grates, and escape provisions at outlet structures.
(c)
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(1)
A trash rack is a device designed to catch trash
and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater
management BMP to ensure proper functioning of the BMP outlets in
accordance with the following:
(i)
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
(ii)
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure;
(iii)
The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack; and
(iv)
The trash rack shall be constructed of rigid,
durable, and corrosion-resistant material and designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(2)
An overflow grate is designed to prevent obstruction
of the overflow structure. If an outlet structure has an overflow
grate, the grate shall comply with the following requirements:
(i)
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
(ii)
The overflow grate spacing shall be no greater
than two inches across the smallest dimension.
(iii)
The overflow grate shall be constructed of rigid,
durable, and corrosion-resistant material, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)
Stormwater management BMPs shall include escape
provisions as follows:
(i)
If a stormwater management BMP has an outlet structure,
escape provisions shall be incorporated in or on the structure. Escape
provisions include the installation of permanent ladders, steps, rungs,
or other features that provide easily accessible means of egress from
stormwater management BMPs. With the prior approval of the municipality
pursuant to paragraph (d) below, a freestanding outlet structure may
be exempted from this requirement;
(ii)
Safety ledges shall be constructed on the slopes
of all new stormwater management BMPs having a permanent pool of water
deeper than 2 1/2 feet. Safety ledges shall be comprised of two
steps. Each step shall be four feet to six feet in width. One step
shall be located approximately 2 1/2 feet below the permanent
water surface, and the second step shall be located one to 1 1/2
feet above the permanent water surface. See paragraph (e) below for
an illustration of safety ledges in a stormwater management BMP; and
(iii)
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(d)
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(1)
Safety Ledge Illustration.
|
Figure 1. Elevation View - Basin Safety Ledge Configuration
 |
8.
Requirements for a Site Development Stormwater Plan.
(a)
Submission of Site Development Stormwater Plan.
(1)
Any application for major development approval
shall include a Site Development Stormwater Plan containing all information
required in paragraph (c) below.
(2)
Any application for minor development approval
that is subject to this ordinance shall include a Site Development
Stormwater Plan containing all information required in paragraph (d)
below.
(3)
The Site Development Stormwater Plan shall demonstrate
that the proposed development meets the standards of this ordinance.
(4)
The Site Development Stormwater Plan shall contain
comprehensive hydrologic and hydraulic design calculations for the
predevelopment and post-development conditions for the design storms
specified in Subsection 15-14.21r3(p)(4). The standards for groundwater
recharge and stormwater runoff rate, volume and quality required by
Subsection 15-14.21r3(o), (p), and (q) and shall be met using the
methods, calculations and assumptions provided in Subsection 15-14.21r4.
(5)
The application submission requirements of paragraphs
(1) and (2) above shall be in addition to all other applicable application
submission requirements of the municipality's land development
regulations.
(6)
The applicant shall submit the required number
of copies of the Site Development Stormwater Plan. All required engineering
plans shall be in CAD Format 15 or higher, registered and rectified
to NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Shape Format
NAD 1983 State Plane New Jersey FIPS 2900 US Feet. All other required
documents shall be submitted in both paper and commonly used electronic
file formats such as .pdf, word processing, database or spreadsheet
files.
(b)
Site Development Stormwater Plan Approval. The Site Development
Stormwater Plan shall be reviewed as a part of the development review
process by the municipal board or official from whom municipal approval
is sought. That municipal board or official shall consult the engineer
retained by the Planning Board and/or Zoning Board (as appropriate)
to determine if all the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
ordinance.
(c)
Checklist Requirements for Major Development. Any application
for major development approval shall include a Site Development Stormwater
Plan containing, at minimum, the following information:
(1)
Topographic Base Map. The Site Development Stormwater
Plan shall contain a topographic base map of the site that extends
a minimum of 300 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing one-foot
contour intervals. The map shall indicate the following: existing
surface water drainage, shorelines, steep slopes, soils, highly erodible
soils, perennial or intermittent streams that drain into or upstream
of any Category One or Pinelands waters, wetlands and floodplains
along with any required wetlands transition areas, marshlands and
other wetlands, pervious or vegetative surfaces, existing surface
and subsurface human-made structures, roads, bearing and distances
of property lines, and significant natural and man-made features not
otherwise shown. Plumsted Township or the Pinelands Commission may
require upstream tributary drainage system information as necessary.
(2)
Environmental Site Analysis. The Site Development
Stormwater Plan shall contain a written description along with the
drawings of the natural and human-made features of the site and its
environs. This description shall include:
(i)
A discussion of environmentally critical areas,
soil conditions, slopes, wetlands, waterways and vegetation on the
site. Particular attention shall be given to unique, unusual or environmentally
sensitive features and to those features that provide particular opportunities
for or constraints on development; and
(ii)
Detailed soil and other environmental conditions
on the portion of the site proposed for installation of any stormwater
management measures, including, at a minimum:
[a]
A soils report based on on-site soil tests;
[b]
Location and spot elevations in plan view of all
test pits and permeability tests;
[c]
Permeability test data and calculations;
[d]
Any other required soil or hydrogeologic data (e.g.,
mounding analyses results) correlated with location and elevation
of each test site;
[e]
A cross-section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
[f]
Any other information necessary to demonstrate
the suitability of the specific proposed stormwater management measures
relative to the environmental conditions on the portion(s) of the
site proposed for implementation of those measures.
(3)
Project Description and Site Plan(s). The Site
Development Stormwater Plan shall contain a map (or maps), at the
same scale as the topographical base map, indicating the location
of existing and proposed buildings, roads, parking areas, utilities,
structural facilities for stormwater management and sediment control,
and other permanent structures. The map(s) shall also clearly show
areas where alterations will occur in the natural terrain and cover,
including lawns and other landscaping, and seasonal high groundwater
elevations. A written description of the site plan and justification
for proposed changes in natural conditions shall also be provided.
(4)
Land Use Planning and Source Control Plan. The
Site Development Stormwater Plan shall contain a Land Use Planning
and Source Control Plan demonstrating compliance with the erosion
control, groundwater recharge, stormwater runoff quantity control
and stormwater quality treatment required by this ordinance. This
shall include, but is not limited to:
(i)
Information demonstrating that the proposed stormwater
management measures are able to achieve a minimum 65% reduction of
the post-construction total nitrogen load, in accordance with Subsection
15-14.21r3(p)(7).
(ii)
Where any stormwater generated from high pollutant
loading areas or where stormwater will be exposed to source material,
information demonstrating that the proposed stormwater management
measures are consistent with Subsection 15-14.21r3(p)(8).
(5)
Stormwater Management Facilities Map. The Site
Development Stormwater Plan shall contain a Stormwater Management
Facilities Map, at the same scale as the topographic base map, depicting
the following information:
(i)
The total area to be disturbed, paved and/or built
upon, proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to manage and recharge stormwater; and
(ii)
Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention
(if applicable) and emergency spillway provisions with maximum discharge
capacity of each spillway.
(6)
Groundwater Mounding Analysis. The Site Development
Stormwater Plan shall contain a groundwater mounding analysis in accordance
with Subsection 15-14.21r3(g)(1).
(7)
Inspection, Maintenance and Repair Plan. The Site
Development Stormwater Plan shall contain an Inspection, Maintenance
and Repair Plan containing information meeting the requirements of
Subsection 15-14.21r9(b) of this ordinance.
(d)
Checklist Requirements for Minor Development. Any application
for minor development approval that is subject to this ordinance shall
include a Site Development Stormwater Plan, certified by a design
engineer, containing, at minimum, the following information:
(1)
All existing and proposed development, including
limits of clearing and land disturbance.
(2)
All existing and proposed lot lines.
(3)
All wetlands and required wetland transition areas.
(4)
The type and location of each green infrastructure
stormwater management measure.
(6)
A design engineer's certification that each
green infrastructure stormwater management measure will not adversely
impact basements or septic systems of the proposed development, in
accordance with Subsection 15-14.21r3(g)(2).
(7)
A Maintenance Plan containing information meeting
the requirements of Subsection 15-14.21r9(b) of this ordinance.
(e)
Exception from Submission Requirements. With the exception of
paragraphs (c)(7) and (d)(7) above, the municipality may modify or
waive any required element of the Site Development Stormwater Plan,
provided that sufficient information can be provided to demonstrate
compliance with the standards of this ordinance. However, application
information required in accordance with the Pinelands CMP [N.J.A.C.
7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless
the Executive Director of the Pinelands Commission waives or modifies
the application requirements.
9.
Maintenance and Repair.
(a)
All development regulated under this ordinance shall incorporate
a maintenance plan, prepared by the design engineer, consistent with
paragraph (b) below. Maintenance and repair shall be implemented in
accordance with maintenance plan and paragraph (c) below.
(b)
The maintenance plan shall include the following:
(1)
Specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(2)
Responsibility for maintenance of stormwater management
measures approved as part of an application for major development
shall not be assigned or transferred to the owner or tenant of an
individual property, unless such owner or tenant owns or leases the
entire site subject to the major development approval. The individual
property owner may be assigned incidental tasks, such as weeding of
a green infrastructure BMP, provided the individual agrees to assume
these tasks; however, the individual cannot be legally responsible
for all the maintenance required.
(3)
Responsibility for maintenance of stormwater management
measures approved as part of an application for minor development
may be assigned or transferred to the owner or tenant of the parcel.
(4)
If the maintenance plan identifies a person other
than the property owner (for example, a developer, a public agency
or homeowners' association) as having the responsibility for
maintenance, the plan shall include documentation of such person's
or entity's agreement to assume this responsibility, or of the
owner's obligation to dedicate a stormwater management facility
to such person under an applicable ordinance or regulation.
(5)
If the person responsible for maintenance identified
under paragraph (1) above is not a public agency, the maintenance
plan and any future revisions based on paragraph (c)(2)(ii) below
shall be recorded upon the deed of record for each property on which
the maintenance described in the maintenance plan must be undertaken.
(6)
For all major development, the following additional
standards apply:
(i)
The maintenance plan shall include accurate and
comprehensive drawings of all stormwater management measures on a
parcel, including the specific latitude and longitude and block/lot
number of each stormwater management measure. Maintenance plans shall
specify that an inspection, maintenance, and repair report will be
updated and submitted annually to the municipality;
(ii)
Stormwater management measure easements shall
be provided by the property owner as necessary for facility inspections
and maintenance and preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities. The purpose of the
easement shall be specified in the maintenance agreement; and
(iii)
An adequate means of ensuring permanent financing
of the inspection, maintenance, repair, and replacement plan shall
be implemented and shall be detailed in the maintenance plan. Financing
methods shall include, but not be limited to:
[a]
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners'
association;
[b]
The required payment of fees to a municipal stormwater
fund in an amount equivalent to the cost of both ongoing maintenance
activities and necessary structural replacements.
(7)
For all minor development, maintenance plans shall
be required for all stormwater management measures installed in accordance
with this ordinance and shall include, at a minimum, the following
information:
(c)
General Maintenance and Repair.
(1)
Preventative and corrective maintenance shall be
performed to maintain the function of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(2)
The person responsible for maintenance identified
under paragraph (b)(2) above shall perform all of the following requirements:
(i)
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
(ii)
Evaluate the effectiveness of the maintenance
plan at least once per year and adjust the plan and the deed as needed;
and
(iii)
Retain and make available, upon request by any
public entity with administrative, health, environmental, or safety
authority over the site, the maintenance plan and the documentation
required by paragraphs (i) and (ii) above.
(3)
The requirements of paragraph (b)(2), (3), and
(4) above do not apply to stormwater management facilities that are
dedicated to and accepted by the municipality or another governmental
agency, subject to all applicable municipal stormwater general permit
conditions, as issued by the Department.
(4)
In the event that the stormwater management facility
becomes a danger to public safety or public health, or if it is in
need of maintenance or repair, the municipality shall so notify the
responsible person in writing. Upon receipt of that notice, the responsible
person shall have 14 days to effect maintenance and repair of the
facility in a manner that is approved by the municipal engineer or
his designee. The municipality, in its discretion, may extend the
time allowed for effecting maintenance and repair for good cause.
If the responsible person fails or refuses to perform such maintenance
and repair, the municipality or county may immediately proceed to
do so and shall bill the cost thereof to the responsible person. Nonpayment
of such bill may result in a lien on the property.
(d)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
10.
Variances.
(a)
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this section.
(b)
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this ordinance, provided
that:
(1)
No variances shall be granted from Subsection 15-14.21r3(q)(4),
which prohibits the direct discharge of stormwater runoff to any wetlands,
wetlands transition area, or surface water body and the direction
of stormwater runoff in such a way as to increase in volume and rate
of discharge into any wetlands, wetlands transition area, or surface
water body from that which existed prior to development of the parcel;
(2)
The municipal stormwater plan includes a mitigation
plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
(3)
The applicant demonstrates that it is technically
impracticable to meet any one or more of the design and performance
standards on-site. For the purposes of this analysis, technical impracticability
exists only when the design and performance standard cannot be met
for engineering, environmental, or safety reasons. A municipality's
approval of a variance shall apply to an individual drainage area
and design and performance standard and shall not apply to an entire
site or project, unless an applicant provides the required analysis
for each drainage area within the site and each design and performance
standard;
(4)
The applicant demonstrates that the proposed design
achieves the maximum possible compliance with the design and performance
standards of this ordinance on-site; and
(5)
A mitigation project is implemented, in accordance
with the following:
(i)
All mitigation projects shall be located in the
Pinelands Area and in the same HUC-14 as the parcel proposed for development.
If the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
(ii)
The proposed mitigation project shall be consistent
with the municipal stormwater management plan certified by the Pinelands
Commission. If said stormwater management plan does not identify appropriate
parcels or projects where mitigation may occur, the applicant may
propose a mitigation project that meets the criteria in paragraph
(i) above.
(iii)
The mitigation project shall be approved no later
than preliminary or final site plan approval of the major development.
(iv)
The mitigation project shall be constructed prior
to, or concurrently with, the development receiving the variance.
(v)
The mitigation project shall comply with the green
infrastructure standards at Subsection 15-14.21r3(n).
(vi)
If the variance that resulted in the mitigation
project being required is from the green infrastructure standards
at Subsection 15-14.21r3(n), then the mitigation project must use
green infrastructure BMPs in Table 1 contained at Subsection 15-14.21r3(e),
and/or an alternative stormwater management measure approved in accordance
with Subsection 15-14.21r3(n) that meets the definition of "green
infrastructure" to manage an equivalent or greater area of impervious
surface and an equivalent or greater area of motor vehicle surface
as the area of the major development subject to the variance. Grass
swales and vegetative filter strips may only be used in the mitigation
project if the proposed project additionally includes a green infrastructure
BMP other than a grass swale or vegetative filter strip. The green
infrastructure used in the mitigation project must be sized to manage
the water quality design storm established at Subsection 15-14.21r3(p)(4),
at a minimum, and is subject to the applicable contributory drainage
area limitation specified at Subsection 15-14.21r3(n)(2), as applicable.
(vii)
A variance from the groundwater recharge standards
at Subsection 15-14.21r3(o) may be granted, provided that the total
volume of stormwater infiltrated by the mitigation project equals
or exceeds the volume required at Subsection 15-14.21r3(o).
(viii)
A variance from the stormwater runoff quality
standards at Subsection 15-14.21r3(p) may be granted if the following
are met:
[a]
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
[b]
The mitigation project must remove nutrients to
the maximum extent feasible in accordance with Subsection 15-14.21r3(p)(7).
(ix)
A variance from the stormwater runoff quantity
standards at Subsection 15-14.21r3(q) may be granted if the following
are met:
[a]
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
[b]
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
[c]
The mitigation project provides peak flow rate
attenuation in accordance with Subsection 15-14.21r3(q)(2)(iii) for
an equivalent or greater area than the area of the major development
subject to the variance. For the purposes of this demonstration, equivalent
includes both size of the area and percentage of impervious surface
and/or motor vehicle surface.
(x)
The applicant or the entity assuming maintenance
responsibility for the associated major development shall be responsible
for preventive and corrective maintenance (including replacement)
of the mitigation project and shall be identified as such in the maintenance
plan established in accordance with Subsection 15-14.21r9. This responsibility
is not transferable to any entity other than a public agency, in which
case a written agreement with that public agency must be submitted
to the review agency.
(c)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
11.
Violations and Penalties. Any person(s) who erects, constructs,
alters, repairs, converts, maintains, or uses any building, structure
or land in violation of this ordinance shall be subject to the following
penalties: For any and every violation for the provisions of this
chapter, the owner, contractor, or other person interested as lessee,
tenant or otherwise, in any building or premises where such violation
has been committed or shall exist, and who refuses to abate the violation
within five days after written notice has been served upon him by
the municipal official or police officer, either by registered mail
or by personal service, shall for each and every violation be subject
to and, upon conviction thereof, be punished by a fine of not more
than $1,250, by imprisonment for a term of not more than 90 days,
or any combination of fine, imprisonment and community service as
determined by the municipal court judge. Each and every day that such
violation continues after such notice shall be considered a separate
and specific violation of this section.
s.
Clustering in the Forest and Rural Development Areas. In the FA,
RD-1 and RD-2 Districts, clustering of single-family detached dwellings
shall be required whenever two or more units are proposed as part
of a residential development. The following standards shall apply:
2.
The number of residential lots permitted within the cluster shall
be calculated on the basis of the size of the parcel of land and the
density permitted in Subsection s1 above, with a bonus applied as
follows:
|
Parcel Size
|
RD-1, RD-2 Districts
|
FA District
|
|---|---|---|
|
<50 acres
|
0
|
0
|
|
50-99.99 acres
|
10%
|
20%
|
|
100-149.99 acres
|
15%
|
25%
|
|
>=150 acres
|
20%
|
30%
|
3.
The residential cluster shall be located on the parcel such that
the development area:
4.
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres
(b)
All residential lots shall meet the minimum yard and building
requirements set forth in the "Schedule of Area, Yard and Building
Requirements" for the R-40 zone;
(c)
Individual on-site septic waste water treatment systems which
are not intended to reduce the level of nitrate/nitrogen in the waste
that comply with the standards of Subsection 15-14.21g4(d) may serve
the lots within the cluster development area. However, in the event
that existing agricultural uses will continue on the parcel in accordance
with Subsection 5(c) below, individual on-site septic waste water
treatment systems shall comply with the standards of Subsection 15-14.21g4(e)
or N.J.A.C. 7:50-10.21 through 10.23. Community on-site waste water
treatment systems serving two or more residential dwelling units which
meet the standards of Subsection 15-14.21g4(e) or N.J.A.C. 7:50-10.21
through 10.23 shall also be permitted;
(d)
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot
lots, swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than one-half acre of land or the equivalent of one acre
of land for every 25 residential lots, whichever is greater.
5.
The balance of the parcel located outside of the residential cluster
development must equal or exceed 50 percent of the total tract and
shall be owned and managed by a duly constituted homeowners' association.
The homeowners' association may contract with a nonprofit conservation
organization, the Township or another public agency for the management
of such lands, or in the absence of a homeowners' association, the
planning board may approve both ownership and management of such lands
by a nonprofit conservation organization, Plumsted Township or that
they be incorporated as part of one of the lots within the cluster
development area.
(a)
All land located outside the residential cluster development
shall be permanently protected through recordation of a deed of conservation
restriction. Such restriction shall be in favor of Plumsted Township
or another public agency or nonprofit conservation organization. In
all cases, such restriction shall be expressly enforceable by the
Pinelands Commission. The deed restriction shall be in a form to be
approved by the Township attorney, the zoning officer and the Pinelands
Commission; and
(b)
Such deed of conservation restriction shall permit the land to be managed for low-intensity recreation, ecological management and forestry, provided that no more than five percent of the land may be cleared, no more than one percent of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 15.
(c)
Where agricultural use exists
on a parcel proposed for cluster development, the following standards
shall apply:
(i)
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50 percent;
(ii)
For those agricultural uses established after
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;
(iii)
For those agricultural uses established after
April 6, 2009 which do not meet the standards of Subsection 5(c)(ii)
above, the deed of restriction shall permit the land to be managed
only in accordance with Subsection 5(b) above and shall not provide
for continuation of any agricultural use on the parcel;
(iv)
The deed of restriction to be recorded pursuant
to Subsection 5(c)(i) or (ii) above shall authorize agricultural uses
and provide that impervious surface may not exceed that which currently
exists or three percent, whichever is greater, unless a Resource Management
System Plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
Resource Management System Plan shall be provided. If the deed of
restriction is in favor of Burlington County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and
(v)
For parcels which meet the standards of paragraphs
5(c)(i) or (ii) above, a provision shall be recorded in the deed for
each residential lot within the cluster development area which acknowledges
agricultural use of the protected land outside the cluster development
area and recognizes the legal protections afforded to that use through
the deed of restriction and any applicable statutes.
6.
Yield Plans. Design of the clustered and open space portions of a
site shall be based upon a Yield Plan. Yield Plans shall meet the
following requirements:
(a)
Yield Plans must be prepared as conceptual layout plans in accordance
with the standards of the Land Subdivision Ordinance, containing proposed
lots, streets, rights-of-way, and other pertinent features. It must
be drawn to scale and drawn on a sealed survey prepared by a licensed
New Jersey land surveyor. It must be a realistic layout reflecting
a development pattern that could actually be built, after delineating
and accounting for the presence of wetlands, floodplains, steep slopes,
existing easements or encumbrances and, if unsewered, the suitability
of soils for subsurface sewage disposal. The Yield Plan must accommodate
lots of one acre in size and shall not be used as a means of reducing
the number of residential lots permitted within the cluster in accordance
with § 15-14.21s2 above.
(b)
The following dimensional standards shall be used in the development
of Yield Plans.
Minimum lot area: one acre, or an average lot area of 1.1 acres
if dictated by unusual site conditions.
Otherwise, all residential lots shall meet the minimum yard
and building requirements set forth in the "Schedule of Area, Yard
and Building Requirements" for the R-40 zone;
The Yield Plan must identify the sites primary and secondary
resources, as identified in the Existing Resources/Site Analysis Plan
(required in the Land Subdivision Ordinance), and demonstrate that
the primary resources could be successfully absorbed in the development
process without disturbance, by allocating this area to proposed single-family
dwelling lots which conform to the density factor of the clustering
option.
(c)
Design standards.
(1)
To the maximum extent feasible, building lots shall
not encroach upon Primary and Secondary Conservation Areas as defined
in chapter 15-4.1A;
(2)
All new dwellings shall meet the following setback
requirements:
(i)
From all major road ROW — 80 feet; 60 feet
on local roads.
(ii)
From all other tract boundaries — 50 feet.
(iii)
From cropland or pastureland — 100 feet.
(iv)
From permanently preserved farmland — 300
feet.
(v)
From buildings or barnyards housing livestock —
300 feet.
(vi)
From active recreation areas such as courts or
playing fields — 150 feet.
(3)
Views of buildings from exterior roads and abutting
properties shall be minimized by the use of changes in topography,
existing vegetation, or additional landscaping which meets the landscaping
requirements of the Land Subdivision Ordinance.
(4)
Buildings shall generally be accessed from interior
streets, rather than from roads bordering the tract.
(5)
At least three-fourths of the dwellings shall directly
abut greenway land, either by having rear or side yards abut the greenway
land, or by having it directly across a street.
(6)
Standards pertaining to the ownership and maintenance
of the greenway land.
[Ord. 8/9/82, § 2; Ord. 6/13/83, § II]
a.
The procedures and standards established by this section and the
Pinelands Comprehensive Management Plan and applicable to all development
within the Pinelands area shall be in effect and enforceable unless
a waiver of strict compliance shall have been obtained from the Pinelands
Commission, in accordance with the provisions of N.J.A.C. 7:50-4.55.
b.
A duplicate copy of any application for waiver of strict compliance
filed with the Pinelands Commission shall be submitted to the Township
clerk by the applicant within five days of filing with the commission.
c.
The applicant shall provide a copy of the executive director's written
notification of decision on any application for waiver of strict compliance
within ten days of such decision.
[Ord. 6/12/89, § 1; Ord. #90-19; Ord. #92-13; Ord.
#2005-18, § I]
Escrow funds required to be deposited for the planning board,
zoning board of adjustment and site plan committee.
a.
General.
1.
In addition to the submission of application filing fees (which are
charged to cover general Township administrative costs), as set forth
hereinbefore, development applications which meet the criteria established
herein shall be accompanied by a deposit of escrow funds in accordance
with the provisions of this section.
2.
Said escrow funds shall be utilized to cover the municipal costs
of professional and non-professional services incurred during the
development review process. Professional and non-professional fees
and salaries incurred in connection with but not limited to review
of plans, consultation, site inspections, written report and resolution
preparation, meeting attendance, general preparation, research, testimony
and other work performed by the board planner, board attorney, municipal
attorney (for review acceptance, any enforcement if necessary of performance
maintenance surety), municipal engineer, health officer, assistant
or the assistant to the municipal engineer, and other professional
consulting services as may be required due to the nature of the application,
shall be paid from escrow funds. Township may utilize escrow funds
for all costs associated with bond release and bond reduction expenses,
as well as any fees associated with and required for generation of
tax maps, street maps and house numbering within Plumsted Township.
b.
(Reserved)
c.
Procedural Requirements.
1.
An applicant to the site plan committee or other review committee
shall deposit all escrow funds called for in the within section before
the applicant's appearance before that committee. An applicant appearing
initially before the planning board or the zoning board of adjustment
shall deposit all escrow funds called for in the within section before
said appearance. No meeting or hearing with the applicant shall be
held by the said boards or committees until all escrow funds and required
fees have been deposited in accordance with this section. The escrow
sums must be in the form of cash, certified check, or money order.
All deposits of escrow funds shall be made to the Township administrative
official.
2.
Additional escrow funds may be required when the escrow has been
depleted to 20 percent of the original escrow amount. The Township
shall notify the appropriate board when escrow funds have been so
deleted. Professionals and non-professionals being paid from escrow
funds shall notify the board or other review committee as to additional
costs anticipated to be incurred. The board or other review committee
shall not take any further action on the application until adequate
additional fees have been deposited by the applicant with the Township.
3.
Escrow deposits shall be placed in an interest bearing account and
the same shall be administered in accordance with the requirements
of N.J.S.A. 40:55D-53.1.4.
4.
All disbursements
to consulting professionals and applicable charges from Township employed
professionals and non-professionals for services involved in processing
an application which requires the deposit of escrow funds shall be
charged against the escrow amount.
5.
All bills submitted by consulting professionals relative to said
applications shall specify the services performed for individual applications
and the time expended relative thereto. The bill shall also set forth
the hourly billing amount which will be the amount charged to the
Township pursuant to the consultant's contract.
6.
All charges by Township employed professionals and non-professionals,
enumerated hereinabove, shall specify the services performed for individual
applications and the time expended relative thereto. The hourly billing
rate for Township employed professionals and non-professionals shall
be one thirty-fifth of their weekly compensation, plus 30 percent,
to reimburse the Township for the benefits supplied to the said employee.
7.
The Township shall provide the applicant with an accounting of escrow
funds within 90 days after the appropriate board has taken action
on the applications.
8.
All sums not actually expended shall be refunded to the applicant
within 90 days after the appropriate board has taken action on the
application.
9.
No resolution approving any development application which is subject
hereto shall be passed by either the planning board or the zoning
board of adjustment until all fees and escrow sums required hereunder
have been paid in full.
d.
Every person or entity requesting a refund or a reduction of an escrow
account shall provide proof that there are no delinquent property
taxes or assessments due on the property in which they are requesting
the refund or reduction.
[Added 10-5-2023 by Ord. No. 2023-06]
a.
Purpose. The provisions of this section shall constitute the standards
to guide the Building Inspector or his agents in determining the fitness
of a building or occupancy and if the building or occupancy has lawfully
existed.
b.
Title. The said code established and adopted by this section is described
and commonly known as the "Commercial Building Standards of New Jersey."
c.
ADMINISTRATIVE AUTHORITY
BUILDING
CERTIFICATE OF CONTINUED OCCUPANCY
CHANGE OF USE
COMMERCIAL
EQUIPMENT
GARBAGE
INFESTATIONS
INSPECTION
INSPECTOR
MAINTENANCE
OCCUPANT
OWNER
PRIOR APPROVALS
RUBBISH
STRUCTURE
USE GROUP
UTILITIES
VACATE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The department, branch or agency of this municipality which
is authorized by the adopting ordinance to administer the provisions
of this code.
A structure enclosed with exterior walls or fire walls, built,
erected and framed of component structural parts, designed for the
housing shelter, enclosure and support of individual, animals or property
of any kind. When used herein, "building" and "structure" shall be
interchangeable except where the context clearly indicates otherwise.
Indicating that as a result of a general inspection of the
visible parts of the exterior of the building, no violations have
been determined to have occurred and no unsafe conditions violative
of any construction code have been found, and that the existing use
of the building has heretofore lawfully existed.
A change from one use to another use in a building or tenancy
or portion thereof.
Of or connected with commerce, made or done for sale or profit.
Plumbing, heating, electrical, ventilating, air-conditioning,
refrigerating and fire prevention/suppression equipment, and elevators,
dumbwaiters, escalators, boilers, pressure vessels and other mechanical
facilities or installations which are related to building services.
The animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food.
The presence, within or around a building, of any insects,
rodents or other pests in violation of Ocean County health codes.
To look at carefully; to examine or review officially.
One who inspects; official examiner.
The replacement or mending of existing work with equivalent
materials for the purpose of safety, healthfulness and upkeep of the
structure and the adherence to such other standards of upkeep as are
required in the interest of public safety, health and welfare.
Any person or persons in actual possession of and occupying
a building, including the owner.
Any person properly authorized to exercise powers of or for
an owner of property for purposes of its purchase, sale, use, occupancy
or maintenance.
The necessary certifications or approvals issued, which are
conditions precedent to the issuance of a continuous certificate of
occupancy, as the case may be. Prior approvals shall include, but
not be limited to, the following:
Includes all combustible and noncombustible waste material,
except garbage.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above, or below the surface
of a parcel of land.
The classification of an occupancy.
Includes electric, gas, heating, water and sewerage services
and equipment therefor.
To make vacant.
d.
Water Supply. Every commercial structure shall be provided with a
safe supply of potable water meeting the standards as set forth in
Potable Water Standards as published by the New Jersey State Department
of Health. The source of such water supply shall be approved by the
New Jersey Department of Health and/or the Ocean County Health Department
and pursuant to the adopted National Standard Plumbing Code as referenced
in Section 7.21.5, entitled "Substitution and Omission of Fixtures."
The minimum rate of flow of hot or cold water issuing from a faucet
or fixture shall be in compliance of the adopted code enforced by
the Building Department.
e.
Facilities. Every commercial building or occupancy shall provide
the following facilities:
1.
Every water closet and lavatory for each structure or occupancy shall
be accessible from within the building without passing through any
other structure or occupancy.
2.
Every plumbing fixture shall be connected to water and sewer systems
approved by the Ocean County Board of Health or the Plumsted Township
Municipal Utilities Authority and shall be maintained in good working
condition.
3.
Every commercial structure or occupancy shall have water-heating
facilities connected with the hot-water lines required and capable
of delivering water at a minimum temperature that is in compliance
with the adopted code enforced by the Building Department.
f.
Waste Materials. Garbage or other organic waste shall be stored in
watertight receptacles of metal or other approved material. Such receptacles
shall be provided with tight-fitting covers.
g.
Lighting. Every commercial building or occupancy shall have lighting
in compliance with applicable electrical codes.
h.
Ventilation. Every commercial building or occupancy shall have maintained
the approved ventilation approved at the time the certificate of occupancy
was issued.
i.
Egress. Every commercial building or occupancy shall have and shall
have maintained a safe and unobstructed means of egress. Such means
of egress shall lead to a safe and open space at ground level accessible
to a street or approved area.
j.
Elevators. Every commercial building or occupancy having an elevator,
dumbwaiter, etc., shall have an annual certification performed by
the authorized authority. Said certification shall be posted and a
copy shall be made available at the time of the inspection.
k.
Fire-Protection Equipment. This certifies that the property has been
inspected under the Uniform Fire Safety and satisfies the requirements
of the New Jersey Uniform Fire Code.
l.
Maintenance Standards. Every commercial building or occupancy shall
comply with the following maintenance standards, as appropriate:
1.
Every inside and outside stairway and appurtenance thereto shall
be maintained in a sound condition and in good repair for its intended
use and capable of supporting the load that normal use may cause to
be placed thereto. Every stairway having three or more steps shall
be properly bannistered and safely balustraded as approved when issued
a certificate of occupancy.
2.
Every commercial building or occupancy shall be free from rodents,
vermin and insects. The Ocean County Board of Health may require rodent
or vermin extermination and rodent-proofing and vermin-proofing.
3.
All exterior wiring and lighting shall be in good and operating condition.
4.
All egress and ingress walkways shall be in a safe condition.
5.
All associated outbuildings shall be in a safe condition.
6.
All common areas shall be inspected for safe and operable condition
(which shall include but not be limited to boiler rooms, furnace rooms,
storage areas and laundry rooms).
m.
Certificate of Occupancy.
1.
Each commercial building or occupancy shall have been approved and
issued a certificate of occupancy by the Building Department prior
to application for a continuous certificate of occupancy.
2.
All terms of the original certificate of occupancy must be met, which
includes the use group, occupant load and live load. If an application
proposes any deviations from the original floor plan that impact the
means of egress, occupant load, live load or dead load, the submission
of a certification prepared by a licensed architect verifying the
occupancy is required.
3.
All prior approvals must be submitted with the application for a
continuous certificate of occupancy.
n.
The owners and occupants of commercial structures shall have the
following responsibilities and duties:
1.
No owner or occupant shall cause any services, facilities, equipment
or utilities which are required under this code to be removed from,
shut off or disconnected in any occupied commercial structure, except
for such temporary interruption as may be necessary while actual repairs
or alterations are in the process or during temporary emergencies
when discontinuance of service is authorized by the Construction Official
and/or the Fire Official of the appropriate fire district.
2.
The owner of a commercial structure located in an area found by the
inspector(s) to be infested by rats, insects or other vermin shall
carry out such rat stoppage, vermin-proofing or other means of preventing
infestations of said structure as may be required by the Ocean County
Board of Health.
3.
Every owner of a commercial structure shall be responsible for maintaining
in a clean and sanitary condition the common areas of the structure
or premises thereof.
4.
It shall be the responsibility of the owner, unless otherwise provided
for under lease agreement, to provide for the orderly maintenance
of the premises. The storage of objects or materials not covered in
paragraphs 7 and 8 of this section or not otherwise prohibited by
municipal ordinance shall be done in an orderly manner so as to not
constitute a health, safety or fire hazard.
5.
Every occupant of a commercial structure shall keep in a sanitary
condition that part of the structure which he occupies and controls.
6.
Every occupant of a commercial structure shall dispose of all his/her
garbage and any other organic waste which might provide food for rodents
by placing it in the garbage disposal facilities or garbage storage
receptacles required by paragraph f of this section.
7.
Every occupant of a commercial structure shall dispose of his/her
rubbish in a clean, sanitary manner by placing it in the rubbish containers
required by paragraph f of this section.
8.
Every occupant of a commercial structure shall be responsible, unless
provided for otherwise under a lease agreement, for the periodic removal
of all garbage and rubbish from the premises each week in accordance
with such regulations of this municipality for the collection of garbage
and rubbish.
9.
In the absence of a contract or agreement to the contrary, the owner
shall take all reasonable steps to provide heat wherever heating facilities
are under the control of the owner or whenever two or more occupancies
are heated by a common facility.
10.
The owner shall be responsible for compliance with provisions of
this section not specified as the responsibility of the occupants.
11.
The owner or occupant shall verify that the proposed occupancy is
not a change of use prior to taking occupancy. Verification shall
be made either through consultation with a licensed architect or verification
by the Construction Code Official or his designee.
o.
Powers and Duties of Building Inspector. The Building Inspector is
hereby authorized and empowered to exercise all powers as may be necessary
to carry out and effectuate the purpose and provisions of this section,
including the following, in addition to other powers herein granted:
1.
To inspect commercial structures and/or occupancies of the Township
to determine if a continuous certificate of occupancy should be issued.
2.
To administer oaths, affirmations, examine witnesses and receive
evidence.
3.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
4.
If a notice of violation and orders to terminate have not been complied
with, the Building Inspector, in addition to any other available remedies
likely to bring about compliance, may request the legal counsel of
the municipality, or of the joint enforcement agency, to institute
the appropriate proceeding at law or in equity to restrain, correct,
or abate such violation or to require the removal or termination of
the unlawful use of the building or structure in violation of the
provisions of this section or of the order or direction made pursuant
thereto.
5.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purpose of this section.
p.
Search Warrants. The Building Inspector or his agents, upon affidavit,
shall apply to the Judge of the Municipal Court of the Township for
a search warrant setting forth factually the actual conditions and
circumstances that provide a reasonable basis for believing that a
nuisance or violation of this section exists on the premises, and
if the Municipal Judge is satisfied as to the matter set forth in
the affidavit, he/she may authorize the issuance of a search warrant
permitting access to and inspection of that part of the premises on
which the nuisance or violation may exist.
q.
Continuous Certificate of Occupancy.
1.
No person shall occupy as owner or occupant or rent to another for
occupancy any commercial structure or unit, for the purposes of conducting
business therein, which does not conform to the provisions of this
section as the standard to be used in determining whether a commercial
structure or occupancy is in compliance with its use group, safe,
sanitary and fit for occupancy.
r.
Service of Notice. Service of notice may be made by personal delivery
or by leaving a copy at the structure or occupancy with a competent
member of employment or at the usual place of abode of such person
or by regular and certified mail.
