Article VIII Management Program and Minimum Standards for Pinelands Protection Area

Horticulture of native Pinelands species in accordance with the requirements of § 253-75.

Berry agriculture in accordance with the requirements of § 253-75.

Beekeeping.

Forestry in accordance with the requirements of Chapter 287, Pinelands Protection Area.

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

[Amended 6-26-2012 by Ord. No. O-5-12]

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 Subsection B below.

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 Subsection B below.

(8)

Commercial or public docks, piers, moorings and boat launches, provided that:

There is a demonstrated need for the facility that cannot be met by existing facilities;

The development conforms to all state and federal regulations; and

The development will not result in a significant adverse impact on the wetland as set forth in Subsection B below.

(9)

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

[Amended 6-9-1993 by Ord. No. O-15-93]

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;

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

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

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

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.

Performance standards.

No development, except for those uses which are specifically authorized in Subsection A(1) through (4) above, 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 wetland.

A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened and endangered species of plants and animals:

An increase in surface water runoff discharging into a wetland.

A change in the normal seasonal flow patterns in the wetland.

An alteration of the water table in the wetland.

An increase in erosion resulting in increased sedimentation in the wetland.

A change in the natural chemistry of the ground- or surface water in the wetland.

A loss of wetland habitat.

A reduction in wetland habitat diversity.

A change in wetlands species composition.

(i)

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

Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

§ 253-73 Vegetation and landscaping.

[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]

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.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

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

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.

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 §§ 253-33B or 253-48K shall incorporate the following elements, excepting minor subdivisions and single-family dwelling application on individual lots:

The limits of clearing shall be identified.

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.

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.

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:

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;

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

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.

§ 253-74 Fish and wildlife.

No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.

[Amended 5-9-1989 by Ord. No O-4-89]

Protection of wildlife habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.

§ 253-75 Agriculture.

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

In agricultural production areas, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate soil conservation district, located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the soil conservation district for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in but not limited to the following publications:

Erosion and runoff: Soil Conservation Service Technical Guide.

Animal waste: Soil Conservation Service Animal Waste Management Field Manual.

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendation.

§ 253-76 Waste management.

[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97]

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.

§ 253-77 Water quality.

[Amended 5-9-1989 by Ord. No. O-4-89; 11-25-1997 by Ord. No. O-15-97; 6-10-2003 by Ord. No. O-10-2003; 4-9-2019 by Ord. No. O-4-19; 3-14-2023 by Ord. No. O-5-23; 7-9-2024 by Ord. No. O-9-24]

General.

All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

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.

No development shall be permitted which does not meet the minimum water quality and potable water standard of the State of New Jersey or the United States.

The following point and nonpoint sources may be developed and operated in the Pinelands:

Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in Subsections B(2) through (6) below, provided that:

There will be direct discharge into any surface water body.

All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.

All public wastewater treatment facilities are designed to accept and treat septage.

All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:

There will be no direct discharge into any surface water body.

The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.

Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.

The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above.

There is no increase in the existing approved capacity of the facility.

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.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:

The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 253-97G or 253-160I;

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;

The depth to seasonal high-water table is at least five feet;

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;

The system will be maintained and inspected in accordance with the requirements of Subsection C below;

The technology has been approved for use by the New Jersey Department of Environmental Protection; and

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 N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

The standards set forth in Subsections B(4)(a) and (c) through (h) above are met;

The proposed development is residential, or if nonresidential, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) 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 §§ 253-97G or 253-160I.

Surface water runoff, provided that the requirements of Chapter 335, Article I, are met.

Alternate design pilot program treatment systems, provided that:

The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended. subject to the provisions of Subsection (7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 253-97G or 253-160I;

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 proposes, 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;

The depth to seasonal high water table is at least five feet;

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;

No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel is those systems are each serving one single-family dwelling;

Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;

(i)

The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

(j)

Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract, consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v, that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

(k)

The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(7)(i) above and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.

(l)

No system shall be installed after August 5, 2007.

Individual wastewater treatment facility and petroleum tank maintenance.

The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a 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:

Have the facility inspected by a technician at least once every three years.

Have the facility cleaned at least once every three years.

Once every three years, submit to the local Board of Health a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[1]

Editor's Note: See N.J.S.A. 58:10A-21 through 10A-37.

Prohibited chemicals and materials.

Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground- or surface water or any land:

Septic tank cleaners.

Waste oil.

All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

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.

Interbasin transfer of water between waterways shall be avoided to the maximum extent practical.

Water management.

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

A diversion within the Pinelands Area portion of Franklin Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection E(2)(a) and (b) below, or outside of either basin, shall be prohibited.

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

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

A diversion within the Pinelands Area portion of Franklin Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection E(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection E(4) below.

Within the Pinelands Area portion of Franklin Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as “proposed diversion”) shall meet the criteria and standards set forth at Subsection E(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). “Allocation” shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

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

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

A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:

[a]

Be approximately the same depth as the existing well;

[b]

Divert from the same aquifer as the existing well;

[c]

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

[d]

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

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

[3]

Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Rural Development Area; and Agricultural Production Area.

A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

§ 253-78 Scenic considerations.

Screening and storage of motor vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, 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. These provisions shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes nor for service stations which are proposed for use pursuant to § 253-161 of this chapter.

Location of utilities.

New utility distribution lines and telephone lines to locations not served by such utilities as of the date of this chapter shall be placed underground, except for those lines which are located on or immediately adjacent to active agricultural operations.

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

Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened in accordance with the vegetation requirements of this chapter.

[Amended 5-9-1989 by Ord. No. O-4-89]

Sign standards.

No billboard shall be permitted, except for signs advertising agricultural commercial establishments. Billboards and other outdoor off-site signs advertising agricultural commercial establishments shall be permitted in the Pinelands Area, provided that:

[Amended 5-9-1989 by Ord. No. O-4-89]

No more than two signs may be placed in any one direction along each road directly approaching the establishment.

No sign along four-lane state or federal highways shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

No existing sign which does not conform to Subsection C(1) hereof shall be permitted to continue beyond January 14, 1991.

Except for those roads which provide for internal circulation within residentially developed areas, no development shall be located within 50 feet of the street line of a public paved road in the Pinelands Rural Residential Zone unless an environmental or other physical consideration makes it impractical to do so; provided, however, that the development shall be set back as close to 50 feet as practicable, and the site shall be landscaped so as to provide screening from the corridor.

[Added 10-24-1989 by Ord. No. O-17-89]

§ 253-79 Fire management.

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 § 253-3 of this chapter, unless such development complies with the following standards:

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

[Amended 5-9-1989 by Ord. No. O-4-89]

The rights-of-way of all roads will be maintained so that they provide an effective firebreak.

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:

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.

All dead plant material is removed.

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 on an annual basis.

All dead plant material is removed.

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 on an annual basis.

No pine tree (species Pinus) is closer than 25 feet to another pine tree.

All dead plant material is removed.

All structures will meet the following specifications:

Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos-cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.

[Amended 5-9-1989 by Ord. No. O-4-89]

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

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

Flat roofs are prohibited in areas where vegetation is higher than the roof.

All residential development of 100 dwelling units or more in high or extremely high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest, in which:

[Added 5-9-1989 by Ord. No. O-4-89]

Shrubs, understory, trees, bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.

All dead plant material is removed.

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical.

§ 253-81 Historic resource preservation.

There is a specific program for maintenance.

§ 253-80 Recreation.

[Amended 5-9-1989 by Ord. No. O-4-89]

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

[Amended 5-9-1989 by Ord. No. O-4-89]

The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection E(2) below.

Authority to issue certificates of appropriateness.

The Planning Board shall issue all certificates of appropriateness except as specified in Subsection B(2) below.

The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

Certificates of appropriateness shall be required for the following:

Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.

Development not otherwise exempted from review pursuant to § 253-61B of this chapter in which a significant resource has been identified pursuant to Subsection E below.

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

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 project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

[Amended 11-25-1997 by Ord. No. O-15-97]

This requirement for a survey may be waived by the local approval agency if:

There is insufficient evidence of significant cultural activity on the project site;

In the case of archaeological resources, within the vicinity, 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

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection E(2) below.

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:

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.

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.

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.

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.

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.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body 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.

[Amended 11-25-1997 by Ord. No. O-15-97]

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 narrative description of the resource and its cultural environment.

Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.

A site plan, depicting in correct scale the location of all buildings, structures and engineering resources.

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection of any process or technology if necessary to elaborate upon the photographic record.

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).

§ 253-82 Resource extraction.

[Amended 5-9-1989 by Ord. No. O-4-89; 4-11-1995 by Ord. No. O-5-95; 11-25-1997 by Ord. No. O-15-97; 4-8-2003 by Ord. No. O-7-2003; 7-12-2016 by Ord. No. O-9-2016; 7-9-2024 by Ord. No. O-9-24]

All resource extraction operations are prohibited throughout the Township of Franklin, in all zoning districts.

Exceptions. Notwithstanding the prohibition of resource extraction as set forth under Subsection A above, the following are exceptions to the stated prohibition:

Any existing resource extraction operation may continue to operate within the Township of Franklin, subject to any renewal permit for any existing resource extraction operation/facility shall be subject to the applicable licensing and regulating requirements as set forth in Subsection C below.

Activity performed on a qualified farm constituting or related to an agricultural activity, a recognized agricultural management practice, and/or a generally accepted agricultural practice. For the purposes of the exception, the farming activity should be construed liberally in accordance with the Right-To-Farm Act, N.J.S.A. 4:1C-1 et seq.

Activities associated with an approved plan for land development (for housing or commercial use, specifically excluding mining extraction or quarry activity which is explicitly excluded as a primary or accessory use) by the Franklin Township Planning Board or Franklin Township Zoning Board of Adjustment in accordance with the approved plans and specifications for development.

Application requirements. Any application filed for renewal approval of resource extraction operations, licensing or permitting, in the Pinelands shall include at least the following information:

The applicant's name and address and his interest in the subject property.

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

The legal description, including block and lot designation and street address, if any, of the subject property.

A description of all existing uses of the subject property.

A brief written statement generally describing the proposed development.

A United States Geological Survey 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.

A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.

(8)

The location, size and intended use of all buildings.

(9)

The location of all points of ingress and egress.

(10)

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.

(11)

The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.

(12)

A soils map.

(13)

A reclamation plan which includes:

Method of stockpiling topsoil and overburden.

Proposed grading and final evaluations.

Topsoil material application and preparation.

Type, quantity and age of vegetation to be used.

Fertilizer application, including method and rates.

Planting method and schedules.

§ 253-83.1 Residential solar energy systems.

Maintenance requirements schedule.

(14)

A signed acknowledgment from the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.

(15)

A financial surety, guaranteeing performance of the requirements of this section in the form of a letter of credit, certified check, surety bond or other recognized form of financial security acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the five-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.

(16)

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.

(17)

When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 253-66.

(18)

If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.

§ 253-83 Energy conservation.

[Added 5-9-1989 by Ord. No. O-4-89]

All development shall be carried out in a manner which promotes energy conservation. Streets in subdivisions and other land developments shall be so oriented as to permit, within the limits of practicality and feasibility, the buildings constructed thereon to maximize solar gain. Other measures which may be utilized include, but are not limited to, landscaping to permit solar access and to serve as windbreaks or shade and energy conserving building materials.

[Added 5-24-2022 by Ord. No. O-12-22]

Residential solar energy systems shall be permitted as an accessory use to a single-family dwelling on residentially zoned properties throughout the Township of Franklin as governed pursuant to the terms of this chapter to be incorporated into the Township's Land Use Code, § 253-83.

Definitions. The following definitions shall govern small wind and solar energy systems in the Township of Franklin.

SOLAR ENERGY SYSTEM

One or more solar panels and all associated equipment involved in the conversion of solar radiation to electrical energy which functions as the only principal use on the land on which such system is situated, said land constituting 10 or more acres in size.

SOLAR PANEL

A structure containing one or more receptive cells or collector devices, the purpose of which is to use solar radiation to create usable electrical energy.

SOLAR PANELS

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

Generally applicable standards.

The primary purpose of a solar panel energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time-to-time from a wind or solar energy system designed to meet the energy needs of the principal use. For the purposes of this section, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.

Solar energy systems shall only be permitted as an accessory use on the same lot as the principal use. All energy systems require approval from the Zoning Officer and Building Department prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer or Building Department does not believe the provisions of this section will be satisfied, an applicant may request a variance.

Permitted as an accessory use to residential property as an accessory to a single-family dwelling.

Rooftop solar energy systems. Solar panels shall be permitted as a rooftop installation in any zoning district, in accordance with the following: the solar panels shall not exceed a height of 12 inches or overhang from the rooftop. In no event shall the placement of the solar panels result in a total height, including building and panels, then what is permitted in the zoning district where they are located for the principal or accessory building.

Conditional use to residential property as an accessory to a single-family dwelling.

Ground mount solar energy system.

Solar panels shall be located so that any glare is directed away from an adjoining property, or the applicant must provide evidence that the solar panels do not emit glare.

Solar panels shall be permitted as ground arrays in any residential zoning district in accordance with the following:

Minimum lot size: three acres.

All ground arrays shall be set back a distance of 50 feet from all property lines. A fifty-foot-wide densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs.

[3]

Ground arrays shall not be permitted in a front yard.

[4]

Ground arrays shall not exceed a height of eight feet.

[5]

Exposed hardware, supporting structures, frames and piping shall be finished in nonreflective surfaces.

Noise. All residential solar energy systems shall comply with the following:

Between a residential use or zone sound levels of the solar energy system shall not exceed 35 dBA at a common property line or 30 dBA to the closest occupied structure.

§ 253-83.2 Commercial solar energy systems.

In all other cases at a common property line, sound levels of the solar energy system shall not exceed 45 dBA.

[Added 5-24-2022 by Ord. No. O-12-22]

Solar energy systems shall be a conditional permitted use, subject to meeting all of the following requirements:

Site plan required. A site plan shall be submitted for review and approval showing all elements of the proposed facility as required herein and complying with all of the checklist requirements for submission of a site plan in the IC Industrial Commercial Zone.

Locational/site qualification regulations for a solar energy facility.

The site proposed for a solar energy facility shall have a minimum lot area of at least five contiguous acres and a maximum of 20 contiguous acres that are owned by the same person or entity and shall otherwise comply with the lot width, lot depth and other dimensional requirements of the zoning district.

Except pursuant to a permit issued by NJDEP, no portion of such facility shall occupy any area of land designated and regulated by NJDEP as floodplain, flood hazard area, wetlands, wetlands transition area or riparian corridor. An applicability determination from the NJDEP shall be provided as a condition of approval to document the presence and/or absence of these regulated areas at the time a site plan is submitted. This applicant shall also maintain the minimum required riparian buffer along any C-1 waterway in accordance with the surface water quality standards rules at N.J.A.C. 7:9B-1.4, even if the riparian buffer area was previously disturbed for agricultural purposes.

Such facilities shall not occupy areas of land designed by the NJDEP as critical habitat for state threatened and/or endangered species of flora and fauna. Moreover, no land having slopes over 30% shall be occupied by such facilities.

Woodlands shall not be clear cut to accommodate such facilities. Any removal of more than 10 trees having a diameter in excess of 12 inches dbh (diameter at breast height) shall require replacement onsite of all but the first 10 trees.

An applicant seeking approval of a solar energy facility (major/commercial) shall provide documentation and evidence of a firm commitment from the electric utility that the alternative electrical energy to be generated by the solar and photovoltaic energy facilities and structures shall be purchased or utilized by an improvement onside and/or purchased or utilized by the electricity utility provider.

Bulk/buffering regulations.

Such facility shall not occupy any area outside the required principal building setback lines for the zoning district in which the facility is to be located except that utility poles for outside connections to the electrical power grid may be placed outside the required principal building setback lines. A security fence is required around the entire perimeter of the facility. The security fencing shall be located within or at the required principal building setback lines; however, landscaping, buffering and berms may be located outside the required principal building setback lines.

The maximum building coverage limits for principal and accessory structures in this zoning district shall not apply to such facilities; provided, however, that all setback and buffering requirements of this section and for this zoning district shall be met and further provided that no development shall be permitted to occur in any area of the lot in which development is prohibited by regulation of either this Township or the State of New Jersey.

The maximum permitted vertical height about ground for the highest point of any ground-mounted solar and photovoltaic energy panels shall be 10 feet or 14 feet at the lower part of a grade if located on a slope.

The minimum vegetated visual buffer width for such facility shall be the greater of 50 feet or the minimum requirement for other uses in the same zone.

Such facility shall be screened by topography and/or natural vegetation, supplemented by additional plantings as needed, or by berms and landscaping, from public traveled ways (public roads, navigable waterways, and publicly available trails on land owned by or held by easement of a public entity), residential buildings on an adjoining lot, open space owned by or subject to easement of a public entity, and historic sites and buildings listed in the State and/or National Registers of Historic Places.

To the extent feasible, installations shall be sited behind existing vegetation, supplemented with landscaping, using berms and landscaping only where existing vegetation is nonexistent or sparse.

The extent feasible, installations shall be sited were natural topography can provide or at least add screening.

[3]

Berms shall be constructed with a width at base of a least 25 feet to allow for proper growth of root structure and to lend a more natural appearance.

[4]

Landscaping shall include an even blend mix of coniferous and deciduous trees and shrubs that are indigenous to the area avoiding invasive species. Such plantings shall be depicted on a plan, presented in and approved as part of the site plan, prepared by a licensed landscape architect. At the time of planting, deciduous trees shall be not less than two inches to 2 1/2 inches dbh and coniferous trees shall be a minimum of eight feet to 10 feet in height or at least five feet higher than the height of the highest solar or photovoltaic panel.

[5]

All ground areas of the lot occupied by the facility that are not utilized for access to operate and maintain the installation, for berms and landscaping, for existing additional principal uses on the lot, or for agricultural uses, or that will remain forested, shall be planted and maintained with shade tolerant grasses for the purpose of soil stabilization. A seed mixture of native, noninvasive shade-tolerant grasses shall be utilized and specified in the landscaping plan. If it can be demonstrated by the applicant that an alternative vegetative ground cover consisting of a seed mix of native, noninvasive plant species and nonnative, noninvasive shade-tolerant species is acceptable for soil erosion control and soil stabilization and can be better sustained over the life of the facility, the approving authority may approve such an alternative to the requirement for native, noninvasive shade-tolerant grass mix. The use of stone, gravel, wood chips or shavings or any artificial material shall not be permitted for soil erosion control and soil stabilization. If land having a slope of greater than 20% is proposed to be disturbed, additional soil erosion and sediment control measures may need to be implemented, and shall be subject to approval, based upon the recommendations of the Township Engineer.

[6]

A maintenance plan shall be submitted for approval as part of the site plan that provides for the continuing maintenance of all required plantings, including a schedule of specific maintenance activities to be conducted. Maintenance of the required berms and landscaping shall be a continuing condition of any approval that may be granted. The use of herbicides shall not be permitted as an acceptable maintenance practice.

Installation and site development requirements.

Only nonglare glass shall be used to minimize the potential for reflective glare.

No portion of the facility or its component parts shall be used for displaying ay advertising. Signage shall be limited to the identification and safety signage permitted elsewhere in this section.

All new distribution or transmission power lines on site shall be place underground except as necessary to connect to already existing aboveground power towers, poles and lines. Feeder liens and collection lines may be place overhead near substations or points of interconnection to the electric grid.

No soil shall be removed from any site upon which such a facility is constructed. Necessary grading shall be accomplished so that no offsite soil removal or offsite fill is required.

Land disturbance, grading and the construction of site improvements associated with the installation of such a facility, on any lot that has been and will continue to be used for agricultural purposes, shall be directed, insofar as is feasible, to portions of the lot that contain neither prime agricultural soils nor soils of statewide significance. Where land disturbance, grading or the construction of site improvements on such soils are unavoidable, it shall be limited to the minimum intrusion necessary to construct required access roads, inverter and switching equipment pads and other facilities required for connection to the grid.

A barrier or fence having a height of at least eight feet (unless a greater height is required by law) shall be installed around the entire perimeter of the installation and entirely within the required building setback lines, which barrier shall secure the facility at all times; restrict access to all electrical wiring, transformers and high voltage equipment; and comply with applicable Uniform Construction Code requirements. One or more locked access gates (not less than 20 feet in width) to the facility shall be provided. Each locked access gate shall include a sign identifying the responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the berm, landscaping and security fence; and for ownership of the land upon which the facility is located.

The site plan shall provide for adequate and appropriate drainage facilities, which shall be designed such that site grading and construction shall not alter the natural drainage patterns of stormwater originating both within and beyond the property boundaries, which is not inconsistent with stormwater management regulations.

The site plan shall include a construction/staging plan identifying the location, size and configuration of the areas to be used on a temporary basis during construction for the delivery and storage of materials and equipment and for the off-street parking of construction workers' vehicles. The construction/staging plan shall include a plan and timetable for the restoration for these areas upon completion of construction.

Performance standards.

Wind velocities. All components of solar energy facilities (major/commercial) shall be designed to withstand a ground-level wind velocity of at least 90 miles per hour, unless a higher standard for wind-loading is specified in the New Jersey Uniform Construction Code.

Hazardous materials. The use of lead-acid batteries shall not be permitted in major solar energy systems (minor) and facilities, except for such batteries as are needed to store electricity to power emergency lights in the event of a power outage.

Noise. The total daytime operational mechanical or aerodynamic noise, including turbine, inverter or transmission line noise from the solar energy facility shall not exceed 50 dBA, measured from the nearest property line.

Commercial solar energy projects must seek a use variance and site plan approval when they do not meet the above conditions and are not located in the IC Interchange Commercial.

A site plan application for a solar energy system shall address, and not be limited to, buffering, care and maintenance of all property associated with the installation, security, visual impacts, drainage, traffic to and from the site.

Installations shall be subject to the following requirements.

The location of ground-mounted arrays and freestanding collectors shall be set back a distance of 150 feet from all property lines.

Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.

A fifty-foot-wide densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs with a six-foot-tall black vinyl-coated chain link fence located inside the landscape perimeter.

Plantings shall not be a lesser height than that of the solar array at time of plantings. No more than 80% of the total lot area shall be utilized for a solar energy system installation. To the extent reasonably possible, solar energy panels, regardless of how they are mounted, shall be oriented and/or screened year-round so that glare is directed away from adjoining properties and streets.

To the extent reasonably possible, solar energy systems shall be designed using such features as colors, materials, textures, screening and landscaping so as to blend into their settings and avoid visual blight.

The solar energy systems shall remain painted or finished in the color or finish that was originally applied by the manufacturer. The exterior surface of any visible components shall be nonreflective, neutral color like white, grey or another nonobtrusive color. Finishes shall be matter or nonreflective.

Solar energy systems shall not be used for the display of advertising.

Abandonment and decommissioning.

Any application for solar energy fields that have obtained a site plan approval shall be required to post a decommissioning bond in the amount determined by the Township Engineer.

Abandonment is defined as the facility being out of service for a continuous twelve-month period.

Decommission process description.

The decommissioning and restoration process comprise removal of aboveground structures; grading, to the extent necessary; restoration of topsoil (if needed) and seeding. The process of removing structures involves evaluating and categorizing all components and materials into categories of recondition and reuse, salvage, recycling and disposal. The project consists of numerous materials that can be recycled, including steel, aluminum, glass, copper and plastics. In the interest of increased efficiency and minimal transportation impacts, components and material may be stored on-site until the bulk of similar components or materials are ready for transport. The components and material will be transported to the appropriate facilities for reconditioning, salvage, recycling, or disposal. Aboveground structures include the panels, racks, inverters, pads and any interconnection facilities located on the property. The aboveground structures and below-ground structures are collectively referred to herein as the "project components."

Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the project. Control features will be regularly inspected during the decommissioning phase and removed at the end of the process.

Project component removal: Control cabinets, electronic components, and internal cables will be removed. The panels, racks and inverters will be lowered to the ground where they may be transported whole for reconditioning and reuse or disassembled/cut into more easily transportable sections for salvageable, recyclable, or disposable components.

PV module removal: Solar photovoltaic modules used in the project are manufactured within regulatory requirements for toxicity based on toxicity characteristic leaching procedure (TCLP). The solar panels are not considered hazardous waste. The panels used in the project will contain silicon, glass, and aluminum which have value for recycling. Modules will be dismantled and packaged per manufacturer or approved recyclers specifications and shipped to an approved off-site recycler.

Component pad removal: Pads will be excavated to a depth sufficient to remove all anchor bolts, rebar, conduits, cable, and concrete to a depth of 24 inches below grade. The remaining excavation will be filled with clear subgrade material of quality comparable to the immediate surrounding area. The subgrade material will be compacted to a density similar to surrounding subgrade material. All unexcavated areas compacted by equipment used in decommissioning shall be de-compacted in a manner to adequately restore the topsoil and subgrade material to the proper density consistent and compatible with the surrounding area.

Electric wire removal: DC wiring can be removed manually from the panels to the inverter. Underground wire in the array will be pulled and removed from the ground. Overhead cabling for the interconnection will be removed from poles. All wire will be sent to an approved recycling facility.

(8)

Racking and fencing removal: All racking and fencing material will be broken down into manageable units and removed from the facility and sent to an approved recycler. All racking posts driven into the ground will be pulled and removed.

(9)

Concrete slab removal: Concrete slabs used as equipment pads will be broken and removed to a depth of two feet below grade. Clean concrete will be crushed and disposed of off-site.

(10)

Access road: During decommissioning, the processed stone access roads will be stripped, exposing the geotextile beneath. The geotextile will then be removed and disposed revealing the original soil surface. The compacted soil beneath the road fill may require ripping with a subsoiler plow to loosen it before it can be returned to crop production.

(11)

Site restoration process description: Following decommissioning activities, the subgrade material and topsoil from affected areas will be de-compacted and restored to a density and depth consistent with the surrounding areas. If the subsequent use for the project site will involve agriculture, a deep till of the project site will be undertaken. The affected areas will be inspected, thoroughly cleaned, and all construction-related debris removed. Disturbed areas will be reseeded to promote re-vegetation of the area unless the area is to be immediately redeveloped. In all areas restoration shall include, as reasonably required, leveling, terracing, mulching, and other necessary steps to prevent soil erosion, to ensure establishment of suitable grasses and forbs, and to control noxious weeds and pests.

(12)

Decommissioning terms: The project shall be decommissioned within 180 days of the end of the project's operational life. Areas disturbed during the decommissioning phase will be seeded with a drought-tolerant grass seed mix appropriate for the area unless such areas are being immediately redeveloped for other uses.

(13)

The decommissioning plan shall contain the following provisions:

Provisions for the removal of all components of the facility/system from the site and the full restoration of the site to its predevelopment condition insofar as is feasible; and the safe disposal of all components of the facility/system, including the recycling of all recoverable materials, consistent with prevailing best practices relating to the disposal and recycling of photovoltaic waste.

Provisions that the Township shall notify the land owner and owner/operator of the facility of the pending determination of abandonment and order proof of the resumption of energy generation to at least 80% of the facility's capacity ore removal of the facilities in accordance with the approved decommissioning plan, subject to the issuance of a demolition permit.

A provision that within 60 days of service of the notice of abandonment, the land owner or facility operator shall apply for and obtain a demolition permit for the decommissioning in accordance with the decommissioning plan.

Provisions that, as a condition of site plan approval and prior to the issuance of any building permits, the land owner or operator of the facility shall obtain and submit to the township a performance bond or other agree upon secured funding in a form approved by the Township Attorney to ensure that the decommissioning plan provides financial assurance that there will be sufficient funds available for decommissioning and site restoration. Such bond shall be in an amount, as determined in detail by the Township Engineer, which shall be adequate to cover the estimated cost of such removal. The form of such bond shall be approved by the Township Attorney. The bond shall not be subject to revocation or reduction prior to the completion of the work covered by the demolition permit and decommissioning plan and the full restoration of the site as required by the decommissioning plan. The decommissioning bond shall be reevaluated to reflect inflation every five years from the start of operations which shall be defined as the date of issuance of the certificate of occupancy for the generation of power. Such reevaluation shall be submitted no fewer than 30 days prior to the end of the five-year period by the owner/operator and/or landowner to the Township Attorney and Township Engineer for review and approval. If the anticipated cost of decommissioning increases by 10% or more, the property owner or operator of the facility shall deposit additional funds into an escrow account or revise the bond or other surety to reflect the increased amount.

Measures to provide for the protection of public health and safety and for protection of the environment and natural resources during both the removal and site restoration stages, as well as the schedule for the completion of all site restoration work in accordance with the decommissioning plan.

Provisions that, if the performance bond described above, plus any supplemental funding that may have been provided by the owner/operator, is insufficient to fully implement the decommissioning plan or if the owner/operator fails to fully satisfy the obligations described herein, then the landowner shall be held responsible for any and all costs associated with the decommissioning to the extent that such costs are not covered by the performance bond and any supplementary funds provided by the owner/operator, if applicable.

Provisions detailing the anticipated life of the project.

The estimated cost of decommissioning in current dollars and an explanation of how the cost was determined, which shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. Salvage value shall not be considered when determining the estimated decommissioning cost.

Permit requirements.

Permit. A zoning permit and building permit shall be required for the installation of any solar energy system. In all zoning districts located within the Pinelands Area, a certificate of filing shall be obtained when required from the Pinelands Commission prior to the issuance of any zoning permit or building permit or to the installation of any solar energy system.

Violations.

It is unlawful for any person to construct, install, or operate any solar energy system that is not in compliance with this section. Energy systems not expressly approved in this ordinance require a use variance approval and site plan approval by the Zoning Board of Adjustment.

Existing solar energy systems installed prior to the adoption of this section are exempt from the requirements of this section, except for the provisions regarding abandonment.

Administration and enforcement.

This section shall be administered by the Zoning Officer, Construction Official or other official as designated.

The Zoning Officer, Construction Official or other official as designated may enter any property for which a permit has been issued under this section to conduct an inspection to determine whether the conditions stated in the permit have been met.

The Zoning Officer, Construction Official or other official as designated may issue orders to abate any violation of this section.

The Zoning Officer, Construction Official or other official as designated may issue a citation for any violation of this section.

The Zoning Officer, Construction Official or other official as designated may refer any violation.

Penalties.

Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in chapter and section of the appropriate zoning code.