[Amended 2-24-97 by Ord. No. 97-01]
A. The Zoning Officer is hereby authorized and directed to issue preliminary
zoning permits as a prerequisite to the issuance of a construction
permit or other permits or approvals which are needed to develop a
single family dwelling on an existing lot of record.
B. Applications for a preliminary zoning permit.
(1)
An application for a preliminary zoning permit shall be submitted
to the Zoning Officer and shall include the following:
(a)
The applicant's name and address and his interest in the
subject property;
(b)
The applicant's signed certification that he is duly authorized
to submit the application, that the materials and information are
accurate, and that duly authorized representatives of the Township
of Dennis and Pinelands Commission are authorized to inspect the property;
(c)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(d)
The street address, if any, the tax map sheet and block and
lot number of the property;
(e)
Proof that taxes for the property have been paid;
(f)
Acreage of the property in square feet;
(g)
A dated plot plan, with the scale noted, showing:
[1] The zoning district in which the property is located;
[2] The location and dimensions of all property lines,
easements affecting the property and streets abutting the property;.
[3] The location of all yards and setbacks required pursuant to Article
III;
[4] The location and use of all existing structures
and improvements on the property and their intended disposition;
[5] A building envelope within which the single family
dwelling is to be located;
[6] The location and dimensions of the proposed driveway;
[7] The location and dimensions of any proposed accessory
structures or improvements;
[8] The location and dimensions of the area in which
any sewage disposal system, including the disposal field, is proposed
to be located; and
[9] The location of any proposed water supply well.
(h)
If development of the property is proposed in accordance with the density transfer program of Section
185-69, the street address, if any, the tax map sheet, block and lot number and acreage in square feet of the noncontiguous property.
(2)
The Zoning Officer is authorized to require such additional
information as may be necessary to determine compliance with the Zoning
Chapter. Such may include, but is not limited to, a soil boring in
the area of any proposed septage system disposal field, a wetland
and wetland buffer map and information to determine compliance with
any permitted use requirement of the Zoning Chapter.
(3)
The Zoning Officer is authorized to waive any of the aforementioned
application requirements if the information is not necessary to determine
compliance with the Zoning Chapter.
(4)
Within 14 days of receipt of an application, the Zoning Officer
shall determine whether the application is complete and, if necessary,
notify the applicant of any additional information which is necessary
to complete the application.
C. Permit decisions. Within, 14 days of determining an application to
be complete, the Zoning Officer shall issue either a preliminary zoning
permit or a refusal to issue a preliminary zoning permit.
D. Preliminary zoning permit.
(1)
A preliminary zoning permit shall be issued if:
(a)
The application is consistent with the requirements of the Zoning
Chapter or any necessary variance from those requirements has been
obtained;
(b)
No Waiver of Strict Compliance from the requirements of the
Pinelands Comprehensive Management Plan is necessary or any such Waiver
has been approved by the Pinelands Commission; and
(c)
A duly authorized representative of the Pinelands Commission
approves the Zoning Officer's determination and so signifies
by signing the preliminary zoning permit.
(2)
A preliminary zoning permit shall expressly incorporate the
plot plan being approved, shall specify any conditions which the Zoning
Officer determines are necessary to ensure compliance with the Zoning
Chapter and shall specify the expiration date of the permit.
(3)
The Zoning Officer shall provide copies of the application and
the preliminary zoning permit to the Pinelands Commission within five
days of the issuance of the permit.
E. Effect of preliminary zoning permit.
(1)
A preliminary zoning permit represents a determination that
the application meets the requirements of the Zoning Chapter and the
Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
A preliminary zoning permit shall be valid for two years and
shall, during that period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive
revisions of the Zoning Chapter of Dennis Township or the Pinelands
Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(b)
Any subsequent approvals necessary for the development of the
single family dwelling on the property may be sought without the need
for a certificate of filing from the Pinelands Commission.
(3)
Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of Section
185-49, Subsections
D through
G.
F. Refusal to issue preliminary zoning permit.
(1)
The Zoning Officer shall issue a refusal to issue a preliminary
zoning permit if any of the following are found to apply:
(a)
A variance from the Zoning Chapter of Dennis Township is required;
(b)
A variance from the Zoning Chapter of Dennis Township is not
required but the Zoning Officer determines that the application does
not meet any requirement of the Zoning Chapter that reflects a provision
of the Pinelands Comprehensive Management Plan;
(c)
A Waiver of Strict Compliance from the Pinelands Comprehensive
Management Plan is required; or
(d)
The duly authorized representative of the Pinelands Commission
has not attested to the consistency of the application with the Pinelands
Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from the Zoning Chapter, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection
D above.
(3)
When a refusal to issue a preliminary zoning permit is predicated
solely upon the need to obtain a variance from the Zoning Chapter,
the Zoning Officer shall provide a copy of the application and the
refusal to the Pinelands Commission within five days of the issuance.
(4)
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection F(l)(b), (c) or (d) above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and Section
185-49 of the Zoning Chapter of Dennis Township. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
G. Zoning Officer vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in Section
185-49.1 shall be of no force or effect and the procedures of Section
185-49 shall apply until the position has been filled.
No development in the Pinelands Area shall be carried out by
any person unless it is in conformance with each of the standards
set forth in this article.
No development in the Pinelands Area shall be permitted in a
wetland or in a wetlands transition area except for the following
uses:
A. Horticulture of native Pinelands species.
B. Berry agriculture in accordance with the requirements of Section
185-56 of this chapter.
D. Forestry in accordance with the requirements of Section
185-55 of this chapter.
E. Fish and wildlife activities and wetlands management, in accordance
with N.J.A.C. 7:50-6.10.
F. Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low- intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Section
185-52 below.
G. Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Section
185-52 hereof.
H. Commercial or public docks, piers, moorings and boat launches shall
be permitted, provided that:
(1) There is a demonstrated need for the facility that cannot be met
by existing facilities.
(2) The development conforms to all state and federal regulations.
(3) The development will not result in a significant adverse impact as set forth in Section
185-52 hereof.
I. Bridges, roads, trails and utility transmission and distribution
facilities and other similar linear facilities, provided that:
(1) 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.
(2) The need for the proposed linear improvement cannot be met by existing
facilities or modification thereof.
(3) The use represents a need which overrides the importance of protecting
the wetland.
(4) Development of the facility will include all practical measures to
mitigate the adverse impact on the wetland.
(5) The resources of the Pinelands will not be substantially impaired
as a result of the facility and its development as determined exclusively
based on the existence of special and unusual circumstances.
[Amended 2-24-97 by Ord. No. 97-01]
A. All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
B. Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
(1) Avoid wooded areas, including New Jersey's Record Trees as published
by the New Jersey Department of Environmental Protection in 1991 and
periodically updated; and
(2) Revegetate or landscape areas temporarily cleared or disturbed during
development activities.
C. All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection
D below.
D. In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection
C above or required pursuant to Section
165-54B(2)(c) of the Site Plan Review Chapter shall incorporate the following elements:
(1) The limits of clearing shall be identified;
(2) Existing vegetation, including New Jersey's Record Trees as
published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(3) Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(4) Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for
revegetation or landscaping purposes. Other shrubs and trees may be
used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures;
or
(c)
When limited use of other shrubs or tree species is required
for proper screening or buffering.
[Amended 2-24-97 by Ord. No. 97-01]
A. Permit required. No forestry in the Pinelands Area of the township
shall be carried out by any person unless a permit for such activity
has been issued by the Township Zoning Officer. Notwithstanding this
requirement, no such permits shall be required for the following forestry
activities:
(1) Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(2) 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;
(3) 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;
(4) Forest stand improvement designed to selectively thin trees and brush,
provided that no clearing or soil disturbance occurs and that the
total land area on the parcel in which the activity occurs does not
exceed five acres in any one year; and
(5) Prescribed burning and the clearing and maintaining of fire breaks.
B. Forestry application requirements. The information in Subsection
B(1) or
(2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
(1) For forestry activities on a parcel of land enrolled in the New Jersey
Forest Stewardship Program, a copy of the approved New Jersey Forest
Stewardship Plan. This document shall serve as evidence of the completion
of an application with the Pinelands Commission as well as evidence
that the activities are consistent with the standards of the Comprehensive
Management Plan. No certificate of filing from the Pinelands Commission
shall be required.
(2) For all other forestry applications:
(a)
The applicant's name and address and his interest in the
subject parcel;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street
address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed
forestry operation;
(f)
A USGS Quadrangle map, or copy thereof, and a copy of the municipal
tax map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a] The name, mailing address and telephone number
of the owner of the subject parcel;
[b] The municipality and county in which the subject
parcel is located;
[c] The block and lot designation and street address,
if any, of the subject parcel;
[d] The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[e] The date the plan was prepared, subsequent revision
dates and the period of time the plan is intended to cover;
[2]
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel;
[3]
A description of the existing conditions of the subject parcel
and of each forest stand in which a proposed activity, prescription
or practice will occur. These stand descriptions shall include photographs
of each stand taken at eye level showing the location of all Pinelands
Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall
be keyed to an activity map that shall include, as appropriate, the
following information:
[b] The general condition and quality of each stand;
[c] The overall site quality, relative to the management goals and objectives identified in Subsection
(2)(g)[2] above;
[d] An inventory and map of Pinelands Native Forest
Types with Native Forest Types broken into "stands," including information
on type, size and volume by species;
[e] The age of representative trees;
[f] The species composition, including overstory, understory,
ground layer structure and composition;
[g] The stand cohort composition;
[j] The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[k] The condition and species composition of advanced
regeneration when applicable;
[l] A stocking table showing the stocking levels, growth
rates and volume;
[m] Projections of intended future stand characteristics
at 10-, 20-, and 40-year intervals;
[n] A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
i. Stand improvement practices;
ii. Site preparation practices;
iv. Regeneration and reforestation practices;
v. Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
vii. Silvicultural treatment alternatives;
viii. If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
ix. Implementation instructions; and
x. Measures that will be taken to prevent the potential
spread of exotic plant species or Phragmites into wetlands; and
[o] A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights;
and number of trees per acre; and
[4]
A map of the entire parcel which includes the following:
[a] The owner's name, address and the date the
map was prepared;
[b] An arrow designating the north direction;
[c] A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[d] The location of all property lines;
[e] A delineation of the physical features such as
roads, streams and structures;
[f] The identification of soil types (a separate map
may be used for this purpose);
[g] A map inset showing the location of the parcel
in relation to the local area;
[h] Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[i] A legend defining the symbols appearing on the
map.
(h)
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in Sections
185-53A and
185-53B;
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Section
185-63;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection
C(9)(b) below;
(k)
A statement identifying the specific steps to be taken to ensure
that trees or areas to be harvested are properly identified so as
to ensure that only those trees intended for harvesting are harvested;
(l)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection
C below;
(m)
A Certificate of Filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34; and
(n)
When prior approval for the forestry activities has been granted by the Zoning Officer or other municipal approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to Section
185-49E.
C. Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
(1) All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
(2) Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site;
(3) The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen;
and
(f)
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(4) All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in Sections
185-53A and
185-53B. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(5) All forestry activities and practices shall be designed and carried
out so as to comply with the standards for the land application of
waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section;
(6) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Section
185-63;
(7) A vegetated streamside management zone shall be maintained or established
adjacent to streams, ponds, lakes and marshes, except that no streamside
management zone shall be required when Atlantic White Cedar is proposed
to be harvested, established, restored or regenerated. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% 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;
(8) Stream crossings, access roads, timber harvesting, skid trails, log
decks, portable sawmill sites, site preparation, and reforestation
shall be designed and carried out so as to:
(a)
Minimize changes to surface and ground water hydrology;
(b)
Minimize changes to temperature and other existing surface water
quality and conditions;
(c)
Prevent unnecessary soil erosion, siltation and sedimentation;
and
(d)
Minimize unnecessary disturbances to aquatic and forest habitats.
(9) The following standards shall apply to silvicultural practices for
site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
[1]
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection
B(2)(j) above;
[2]
Control of competitive plant species is clearly necessary;
[3]
Control of competitive plant species by other, non-chemical
means is not practical;
[4]
All chemicals shall be expressly labeled for forestry use and
shall be used and mixed in a manner that is consistent with relevant
state and federal requirements; and
[5]
In Pine-Shrub Oak Native Forest Types, herbicide treatments
shall only be permitted as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration. All such herbicide
treatments shall be applied in a targeted manner so that there will
be no significant reduction in tree or shrub-oak re-sprouting outside
those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands Native Forest Types;
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains Native Forest Types;
[2]
Disking shall only be permitted in Pine-Shrub Oak Native Forest
Types as a method to temporarily suppress shrub-oak understory in
order to facilitate pine regeneration, and shall be limited as follows:
[a] Disking may occur one 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
[b] Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
[3]
It shall not occur in wetlands, except as may be necessary to
establish, restore or regenerate Atlantic White Cedar. When so used,
disking shall be limited to shrub-dominated parcels and recently abandoned
agricultural lands; and
[4]
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in Pine-Shrub Oak Native Forest Types
or Pine Plains Native Forest Types;
[2]
When used to establish, restore or regenerate Atlantic White
Cedar, root raking shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
Root raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands Native Forest Types;
and
(g)
Drum chopping shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains Native Forest Types
except to create road shoulder fuelbreaks, which shall be limited
to 25 feet in width, or to create scattered early successional habitats
under two acres in size;
[2]
It shall not be permitted in wetlands, except as may be necessary
to establish, restore or regenerate Atlantic White Cedar. When so
used, drum chopping shall be limited to shrub-dominated parcels and
recently abandoned agricultural lands; and
[3]
It shall adhere to the following procedures:
[a] No more than two 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.
(10)
The following standards shall apply to silvicultural practices
for harvesting:
(a)
Clearcutting shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains Native Forest Types;
[2]
It shall be limited to 300 acres or 5% of a parcel, whichever
is greater, during any permit period;
[3]
A 50 foot wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any clearcut and
the parcel boundaries;
[4]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
clearcut from other 25-acre or larger clearcuts, coppice cuts and
seed tree cuts that occur within a 15 year period. The buffer strip
separating two 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;
[5]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches diameter breast height (DBH) and six feet in
height shall be left on the parcel for a minimum of five years; and
[6]
The area of the parcel subject to the clearcut shall have contoured
edges unless the boundary of the clearcut serves as a firebreak in
which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands Native Forest
Types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A 50-foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any coppice cut
and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
coppice cut from other 25-acre or larger clearcuts, coppice cuts and
seed tree cuts that occur within a 15 year period. The buffer strip
separating two 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;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years; and
[5]
The area of the parcel subject to the coppice cut shall have
contoured edges unless the boundary of the coppice cut serves as a
firebreak in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands Native
Forest Types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel,
whichever is greater, during any permit period;
[2]
A 50 foot-wide buffer strip, in which only periodic pruning
and thinning may occur, shall be maintained between any seed tree
cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning
may occur, shall also be maintained to separate each 25-acre or larger
seed tree cut from other 25-acre or larger clearcuts, coppice cuts
and seed tree cuts that occur within a 15 year period. The buffer
strip separating two 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;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre
of at least 10 inches DBH and six feet in height shall be left on
the parcel for a minimum of five years;
[5]
The area of the parcel subject to the seed tree cut shall have
contoured edges unless the boundary of the seed tree cut serves as
a firebreak in which case straight edges may be used;
[6]
Dominant residual seed trees shall be retained at a distribution
of at least seven trees per acre; and
[7]
Residual seed trees shall be distributed evenly throughout the
parcel; and
(d)
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands Native Forest Types.
(11)
The following standards shall apply to silvicultural practices
for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection
(11)(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands
Native Forest Types provided that:
[1]
The use of non-native cuttings, seedlings or seeds shall not
be permitted;
[2]
The use of hybrid cuttings, seedlings or seeds shall be permitted
if it can be demonstrated that the cutting is from a locally native,
naturally occurring hybrid which will be planted within its natural
range and habitat;
[3]
Cuttings, seedlings or seeds shall be collected and utilized
so as to ensure genetic diversity; and
[4]
When used in Pine Plains Native Forest Types, artificial regeneration
shall only be permitted to restore drastically disturbed sites if
seeds or seedlings from the immediate vicinity have been collected
from local, genetically similar sources.
(12)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(13)
Thinning shall be permitted in all Pinelands Native Forest Types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(14)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
D. Forestry permit procedures.
(1) Applications for forestry permits shall be submitted to the Zoning
Officer and shall be accompanied by an application fee of $25 dollars.
(2) 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 fifteenth (15th) day following its submission.
(3) Within 45 days of determining an application to be complete pursuant to Subsection
D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection
C above or disapprove any application which does not meet the requirements of Subsection
C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4) Upon receipt of a notice of disapproval pursuant to Subsection
D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection
C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection
D(3) above.
(5) Failure of the Zoning Officer to act within the time period prescribed in Subsection
D(3) and
D(4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6) In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in Sections
185-49D through
185-49G.
(7) Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this chapter
and the Pinelands Comprehensive Management Plan are met.
E. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection
D(3) above, the applicant shall be required to pay of a sum of $250 dollars which shall serve as reimbursement for any administrative costs incurred by the municipality during the 10 year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F. Notification of harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours written
notice of the intention to begin harvesting operations.
All agricultural activities and fish and wildlife management
activities, including the preparation of land and the planting, nurturing
and harvesting of crops, shall be carried out in accordance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Soil Conservation
Service and the New Jersey Agricultural Experimental Station at Rutgers
University.
[Amended 2-24-97 by Ord. No. 97-01]
A. No hazardous or toxic substances, including hazardous waters, 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.
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in Section
185-7 of this chapter, unless such development complies with the following standards:
A. All dead-end roads will terminate in an area adequate to provide
ingress and egress for fire-fighting equipment.
B. The rights-of-way of all roads will be maintained so that they provide
an effective fire break.
C. 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:
(a)
Shrubs, understory trees and bushes and ground cover are to
be selectively removed, mowed or pruned on an annual basis.
(b)
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:
(a)
Shrubs, understory trees and bushes and ground cover are to
be selectively removed, mowed or pruned on an annual basis.
(b)
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:
(a)
Shrubs, understory trees and bushes and ground cover are to
be selectively removed, mowed or pruned on an annual basis.
(b)
No pine tree (Pinus species) is closer than 25 feet to another
pine tree.
(c)
All dead plant material is removed.
D. 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 material or materials treated with fire-retardant
chemicals.
(3) Chimneys and stovepipes which are designed to burn solid or liquid
fuels shall be equipped with screens over the outlets.
(4) Flat roofs are prohibited in areas where vegetation is higher than
the roof.
All recreation areas and facilities in the Pinelands Area shall
be designed in accordance with the New Jersey Department of Environmental
Protection's publication Administration Guidelines: Barrier Free
Design Standard for Parks and Recreation Facilities.
[Amended 2-24-97 by Ord. No. 97-01]
Residential dwellings on lots of 3.2 acres may be permitted
in the PF8, PF25 and PR Districts, provided that:
A. The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
B. The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
C. 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
D. 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, applicant's
principal place of residence.
Residential dwelling units on lots of one acre may be permitted
in the PF8, PF25 and PR Districts, provided that:
A. The applicant satisfies all of the requirements set forth above in Section
185-67.
B. 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.
C. The applicant qualifies for and receives from the township a variance from the 3.2 acre lot size requirement set forth in Section
185-67 above.
[Amended 2-24-97 by Ord. No. 97-01]
D. The applicant purchases and redeems 0.25 Pinelands Development Credits.
Single-family dwellings on lots of one acre existing as of January
14, 1981, shall be permitted in the PF8, PF25 and PR Zones, provided
that:
A. The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least the
following:
(1) Five acres if development is proposed in the PR Zone.
(2) Twenty-five and zero tenths acres if development is proposed in the
PF25 Zone.
(3) Eight acres if development is proposed in the PF8 Zone and all acquired
noncontiguous lands are also located in the PF8 Zone.
(4) Twenty-three and zero tenths acres if development is proposed in
the PF8 Zone and all acquired noncontiguous lands are located in the
PF25 Zone.
B. If development is proposed in the PR Zone, all lands acquired pursuant to Subsection
A above, which may or may not be developable, are located within the PR Zone.
C. If development is proposed in the PF8 Zone, all lands acquired pursuant to Subsection
A above, which may or may not be developable, are located in either the PF8 or PF25 Zones.
D. If development is proposed in the PF25 Zone, all lands acquired pursuant to Subsection
A above, which may or may not be developable, are located in the PF25 zone.
E. All noncontiguous lands acquired pursuant to Subsections
A through
D above shall be permanently protected through recordation of a deed restriction in accordance with the following requirements:
(1) The deed of restriction shall permit the parcel to be managed for:
(a)
Low intensity recreation, ecological management and forestry,
provided that no more than 5% of the land may be cleared, no more
than 1% 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 this chapter;
(b)
Where agricultural use exists on a parcel proposed to be protected,
the following standards shall apply:
[1]
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%;
[2]
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;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection
(b)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection
E(1)(a) above and shall not provide for continuation of any agricultural use on the parcel; and
[4]
The deed of restriction to be recorded pursuant to Subsection
(b)[1] or [b][2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, 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 Cape May County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(2) The deed of restriction shall be in favor of the parcel to be developed
and the township or another public agency or non-profit 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 Solicitor and the Pinelands Commission.
F. Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed.
G. The lot proposed for development otherwise meets the minimum standards of Section
185-50 et seq. of this chapter.
All public purpose uses within the Pinelands Area shall conform to the provisions of this chapter, except those of Article
VI and N.J.A.C. 7:50-4.51 et seq.