Township of Little Egg Harbor, NJ Article XIII Supplementary Standards, Pinelands Area

§ 215-13.1 Supplementary design and performance standards, Little Egg Harbor Township Pinelands Area.

[Amended 5-10-2001 by Ord. No. 2001-08; 3-28-2019 by Ord. No. 2019-05]

A. General provisions. All development in the Pinelands Area of Little Egg Harbor Township shall comply with the provisions of this section.

(1) Applicability. The provision of this section shall apply only to the Pinelands Area of Little Egg Harbor Township and shall be considered supplemental to the requirements of the balance of this chapter. No land within the Pinelands Area of Little Egg Harbor Township, as defined, herein, shall be developed unless all provisions of this chapter shall have been complied with. The requirements of this section shall not apply in those portions of the Township outside of the Pinelands Area.

(2) Interpretation. Notwithstanding any other provisions of this chapter, when a requirement or definition of this section conflicts with any other provisions of this chapter, the provision of this section shall supersede the provisions of the remainder of this chapter and shall control.

(3) Expansion of existing uses and nonconforming uses.

(a) Notwithstanding the use restrictions contained in §§ 215-4.25 through 215-4.28, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreation facilities and those uses which are expressly limited in § 215-13.4, may be expanded or altered provided that:

[1] The use was not abandoned or terminated subsequent to January 14, 1981;

[2] The expansion or alteration of the use is in accordance with all of the minimum standards of § 215-13.4; and

[3] The area of expansion does not exceed 50% of the floor area, the area of the use or capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

(4) Special procedures regarding development in the Pinelands Area — exempt development.

(a) Except as provided in Subsection A(4)(b) below, the following shall not be subject to the procedures set forth in this section:

[1] The improvement, expansion, or reconstruction within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto;

[2] The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;

[3] The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;

[4] The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;

[5] The repair of existing utility distribution lines;

[6] The clearing of less than 1,500 square feet of land;

[7] The construction of any addition or accessory structure for any non-residential use or any multi-family residential structure provided that:

[a] If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and

[b] If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet;

[8] The demolition of any structure that is less than 50 years old;

[9] The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;

[10] The repair or replacement of any existing on-site waste water disposal system;

[11] The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur;

[12] The clearing of land solely for agricultural or horticultural purposes;

[13] Fences, provided no more than 1,500 square feet of land is to be cleared;

[14] Above ground telephone equipment cabinets;

[15] Tree pruning;

[16] The following forestry activities:

[a] Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

[b] Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;

[c] Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and

[d] Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;

[17] Prescribed burning and the clearing and maintaining of fire breaks;

[18] Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 215-11.8 or 215-13.4A(3)(c).

[19] The installation of an accessory solar energy facility on any existing structure or impervious surface;

[20] The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6;

[21] The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed;

[22] The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.

(b) The exceptions contained in Subsection A(4)(a) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

(c) Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require any application to the Pinelands Commission pursuant to this section.

(5) Substandard lots. Notwithstanding the density limitations or other provisions of this chapter, a single-family dwelling may be developed on any parcel of land of one acre or more in the Forest Area Zone, Forest Area Cluster Zone or Pinelands Village Zone, 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 parcel has been in 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;

(c) The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and

(d) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.

(6) Height limitations.

(a) No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet except as provided in Subsection A(6)(b) and (c) below.

(b) The height limitation in Subsection A(6)(a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the objectives of § 215-13.4A(9): antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.

(c) The height limitation in Subsection A(6)(a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

(7) No more than one use per lot. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.

§ 215-13.2 Additional procedure requirements for development approval.

[Amended 5-10-2001 by Ord. No. 2001-08; 3-28-2019 by Ord. No. 2019-05]

A. Development approval required. No person shall carry out any development as defined in this chapter, within the Pinelands Area, without first obtaining all development approvals in accordance with the procedures set forth in this section.

B. Application requirements. In addition to any information required by Article XV and the fees mandated pursuant to Article XVI, applications for development in the Pinelands Area, shall contain the information required by § 215-13.3.

C. Application submission and modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:

(1) The name and address of the applicant;

(2) The legal description and street address, if any, of the parcel that the applicant proposes to develop;

(3) A brief description of the proposed development, including uses and intensity of uses proposed;

(4) The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;

(5) The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;

(6) The approval agency with which the application or change thereto was filed;

(7) The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and

(8) The nature of the municipal approval or approvals being sought.

D. Notice of hearings or meetings. Where a meeting, hearing or other formal proceeding on an application for development approval within the Pinelands Area is required, the applicant, in addition to the requirements set forth in § 215-8.8 of this chapter, shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

(1) The name and address of the applicant;

(2) The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;

(3) The date, time and location of the meeting, hearing, or other formal proceeding;

(4) The name of the approval agency or representative thereof that will be conducting the meeting, hearing, or other formal proceeding;

(5) Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;

(6) The purpose for which the meeting, hearing or other formal proceeding is to be held; and

(7) Proof of provision of said notice shall be submitted to the local approval agency.

E. Notice of approvals. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall within five days of the approval or denial give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

(1) The name and address of the applicant;

(2) The legal description and street address, if any, of the parcel that the applicant proposes to develop;

(3) The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;

(4) The date on which the approval or denial was issued by the approval agency;

(5) Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;

(6) Any revisions to the application not previously submitted to the Commission; and

(7) A copy of the resolution, permit, or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.

F. Appeal of decision. Where an appeal of a decision is made to the Board of Adjustment or governing body, the applicant shall notify the Pinelands Commission by email or regular mail of the decision of the Zoning Board of Adjustment or governing body within five days following the decision of such an appeal. Such notification shall contain the information set forth in Subsection E above.

G. Review by commission.

(1) Upon receipt of the notice of approval by the Pinelands Commission pursuant to Subsection E above, the Executive Director shall determine whether the application for development approval shall be reviewed by the commission in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.43. The approval of the Township shall not be effective and no development shall be carried out prior to the Executive Director determining whether the development approval will be reviewed by the commission. If the Executive Director notifies the applicant of the decision to have the commission review the application for development, no development shall be carried out until such review has been completed.

(2) Pursuant to N.J.A.C. 7:50-4.1(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of local approval under this section.

(3) Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.

H. Condition on prior approvals by Township approving authority. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:

(1) Notification is received from the Pinelands Commission that review of the Township's approval is not required; or

(2) Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.

I. Effect of Pinelands Commission's decision on Township's approval. If the commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority and within 30 days of the Commission's action and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approving subject to conditions, the approving authority which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission; and if final approval of the application is required, shall grant final approval only of the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.

J. Waivers. If any application for development approval conflicts with a provision of this section, adopted pursuant to the Pinelands Protection Act,[1] the Planning Board may disapprove the application, approve the application subject to the applicant obtaining a waiver from the Pinelands Commission pursuant to N.J.A.C. 7:50-4.55, or suspend further review of the application, with the consent of the applicant, until a waiver is obtained. In no event is the Planning Board or any other approving authority authorized to waive the applicability of any provision of this section adopted pursuant to the Pinelands Protection Act.

[1] Editor's Note: See N.J.S.A. 13:18a-1 et seq.

K. Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in Little Egg Harbor Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36 et seq.

L. Public development. All developments proposed by Little Egg Harbor Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq.

M. Conflicting provisions. The standards and regulations in this section applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the purposes and objectives of this section and the Pinelands Protection Act.[2] In the event of a conflict between any provisions, the stricter provision shall apply.

[2] Editor's Note: See N.J.S.A. 13:18a-1 et seq.

N. Amendments. In amending this section, the Township's Master Plan, or any other section regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.

§ 215-13.3 Supplemental information requirements.

[Amended 5-10-2001 by Ord. No. 2001-08]

A. Minor development applications. Any application for approval of minor development shall include at least the following information:

(1) The applicant's name and address and the interest in the subject property;

(2) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(3) The legal description, including block and lot designation and street address, if any, of the subject property;

(4) A description of all existing uses of the subject property;

(5) A brief written statement generally describing the proposed development;

(6) A USGS Quadrangle Map, or copy thereof, and a copy of the municipal Tax Map Sheet on which the boundaries of the subject property and the Pinelands Management Area Designation and the Zoning Designation are shown;

(7) A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

(a) On-site treatment facilities. Location, size, type and capacity of any proposed on-site waste water treatment facilities; and

(b) Soil borings and percolation tests. If on-site sewerage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 215-13.4.

(8) A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (intermittent streams), rivers, lakes and other water bodies and existing roads;

(9) A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;

(10) A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;

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

(12) When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 215-13.2G.

B. Major development applications. Any application for approval of major development, except for forestry or resource extraction operations, shall include at least the following information:

(1) The applicant's name and address and the interest in the subject property;

(2) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(3) The legal description, including block and lot designation and street address, if any, of the subject property;

(4) A description of all existing uses of the subject property;

(5) A brief written statement generally describing the proposed development; the number of total units; and the floor area of all units;

(6) A brief written statement generally describing the proposed development; the number of total units; and the floor area of all units to be included in the proposed development;

(7) A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed waste water treatment facilities:

(a) Sanitary sewer distribution. Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;

(b) On-site treatment facilities. Location, size, type and capacity of any proposed on-site water treatment facilities including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;

(c) Soil borings and percolation tests. If on-site sewerage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered, and estimating the seasonal high water table; and

(d) The proposed hours and days of operation and number of employees of any nonresidential facility.

(8) A project site base map, at a scale of no less than one inch to 200 feet and including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, adjoining and adjacent to the subject property existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes, and other water bodies, and existing roads;

(9) A soils map including a county soils survey in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map;

(10) A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;

(11) A resource capability map, at the same size and scale at the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in this plan. This map should be prepared prior to any engineering, site layout or design work;

(12) A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial waste water discharges and solid waste disposal areas; sources of air pollution; the proposed primary network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development, and the tree line before and after development;

(13) A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area including the estimated seasonal high water table;

(14) Legal instruments, evidencing the applicant's right, title or interest in any Pinelands Development Credits and any existing or proposed deed restrictions or easements relating to the subject parcel;

(15) Landscaping plans shall incorporate the elements set forth in § 215-13.4A(3);

(16) All public service, infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;

(17) The cultural resources survey described in § 215-13.4A(15);

(18) A list of all permits required for the proposed development from municipal, county, state and federal agencies;

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

(20) When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 215-13.2.

§ 215-13.4 Supplemental Pinelands Area design and development standards and management programs.

[Amended 5-10-2001 by Ord. No. 2001-08; 12-13-2007 by Ord. No. 2007-26; 3-28-2019 by Ord. No. 2019-05; 3-9-2023 by Ord. No. 2023-07; 10-10-2024 by Ord. No. 2024-27]

A. 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 subsection. These standards shall be deemed supplemental to the normal standards and requirements of this section applicable to all development. In the case of conflict with other standards of this chapter, the design and development standards and management programs contained in this section shall supersede all other requirements and standards.

(1) Wetlands. No development in the Pinelands Area shall be permitted in a wetland or in wetlands transition areas except for the following uses:

(a) Horticulture of native Pinelands species;

(b) Berry agriculture in accordance with the requirements of this chapter;

(c) Beekeeping;

(d) Forestry in accordance with the requirements of this chapter;

(e) Fish and wildlife management, provided there is no significant adverse impact on the wetland as set forth in Subsection A(1)(k) below;

(f) Hunting, fishing, trapping, hiking, boating and swimming, provided that such uses do not involve any structure other than those authorized in Subsection A(1)(g) and (h) below. Other similar low-intensity recreational uses shall be permitted provided that any associated development does not have a significant adverse impact, as set forth in A(1)(k) below, on the wetland in which the use is carried out;

(g) Docks, piers, moorings, and boat launches for the use of a landowner, provided that the use will not result in a significant adverse impact, as set forth in A(1)(k) below, and conforms to all state and federal regulations;

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

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

[2] The development conforms with all state and federal regulations; and

[3] The development will not result in a significant adverse impact, as set forth in Subsection A(1)(k) below.

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

[1] There is no feasible alternate route for the facility that does not involve the development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

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

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

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

[5] The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

(j) No development, except for those uses which are specifically authorized in Subsection A 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 wetlands as defined in A(1)(k) below; and

(k) 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 or endangered species of plants or animals:

[1] An increase in surface water runoff discharging into a wetland;

[2] A change in the normal seasonal flow patterns in the wetland;

[3] An alteration of the water table in the wetland;

[4] An increase in erosion resulting in increased sedimentation in the wetland;

[5] A change in the natural chemistry of the ground or surface water in the wetland;

[6] A loss of wetland habitat;

[7] A reduction in wetlands species composition;

[8] A change in wetlands species composition; or

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

(2) Determination under Subsection A(1)(k) above shall consider the cumulative modifications of the wetlands due to the development being proposed and any other existing or potential development which may affect the wetland.

(3) Vegetation and landscaping.

(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 associates 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 A(3)(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 A(3)(c) above or required pursuant to § 215-11.8 shall incorporate the following elements:

[1] The limits of clearing shall be identified;

[2] Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

[3] Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

[4] Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[a] When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[b] For limited ornamental purposes around buildings and other structures; or

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

(e) Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

(4) Fish and wildlife.

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

[1] Editor's Note: The Endangered and Nongame Species Conservation Act.

(b) 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.

(5) Forestry.

(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 A(5)(b)[1], [2] or [3] 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 forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:

[a] A copy of the Woodland Management Plan, the scaled map of the parcel and a completed woodland data form, prepared pursuant to the Farmland Assessment Requirements of N.J.A.C. 18:215-2.7 through 2.15[2];

[2] Editor's Note: See N.J.A.C. 18:15-2.7 through 2.15.

[b] If not already contained in the Woodland Management Plan required in Subsection A(5)(b)[2][a] above, the following shall be submitted:

[i] The applicant's name, address and interest in the subject parcel;

[ii] The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

[iii] The block and lot designation and street address, if any, of the subject parcel;

[iv] A brief written statement generally describing the proposed forestry activities; and

[v] The relevant portion of a USGS Quadrangle Map, or copy thereof, and a copy of the relevant portion of the municipal tax map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.

[c] A scaled map or statement indicating how the standards set forth in Subsection A(5)(c)[2], [3], [4], [6], [9] and [10] below will be met;

[d] A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 215-13.4A(3)(e) and 215-13.4A(4)(a);

[e] Unless the Pinelands Commission determines that it is unnecessary, 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 § 215-13.4A(15);

[f] 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 A(5)(c)[8] below;

[g] 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;

[h] A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455;

[i] A letter from the New Jersey State Forester commenting on the extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsection A(5)(c)[9] and [10] below;

[j] A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

[k] When prior approval for the forestry activities has been granted by the Zoning Officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 215-13.2.

[3] For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:

[a] The information required in Subsection A(5)(b)[2][b] through [k] above; and

[b] A forestry activity plan which includes, as appropriate:

[i] A cover page for the forestry activity 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 and the period of time the plan is intended to cover.

[ii] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, silvicultural prescriptions and management practices;

[iii] A description of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:

[A] The number of acres;

[B] The species composition, including overstory and understory;

[C] The general condition and quality;

[D] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[E] The overall site quality;

[F] The condition and species composition of advanced regeneration when applicable; and

[G] The stocking levels, growth rates and volume.

[iv] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period. These may include, but are not necessarily limited to, a description of:

[A] Stand improvement practices;

[B] Site preparation practices;

[C] Harvesting practices;

[D] Regeneration and reforestation practices;

[E] Improvements, including road construction, stream crossings, landings, loading areas and skid trails; and

[F] Herbicide treatments.

[v] A description, if appropriate, of the forest products to be harvested, including the following:

[A] Volume: cords, board feet;

[B] Diameter breast height (DBH) classes and average diameter;

[C] Age;

[D] Heights; and

[E] Number of trees per acre.

[vi] A property 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 approximately keyed to the property map; and

[I] A legend defining the symbols appearing on the map.

(c) Forestry standards. Forestry operations shall be approved if the standards set forth below will be met:

[1] All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection A(5)(b)[2][h] above shall serve as evidence that this standard is met;

[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] All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where non-native species are proposed to be harvested;

[4] The following actions shall be required to encourage the reforestation 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 and corduroy roads, where practical.

[5] All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§ 215-13.4A(3)(e) and 215-13.4A(4)(a);

[6] 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;

[7] 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 § 215-13.4A(15);

[8] Herbicide treatments shall be permitted, provided that:

[a] The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection A(5)(b)[2][f] above;

[b] Control of competitive plant species is clearly necessary;

[c] Control of competitive plant species by other, non-chemical means is not feasible; and

[d] All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant state and federal requirements;

[9] 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 or reestablished. 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. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met;

[10] 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: minimize changes to surface water and groundwater hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met; and

[11] A copy of the forestry permit issued by the Township Zoning Officer 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.

[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 15 day following its submission.

[3] Within 45 days of determining an application to be complete pursuant to Subsection A(5)(d)[2] above, or within such further time as may be consented to be the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection A(5)(c) above or disapprove any application which does not meet the requirements of Subsection A(5)(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 A(5)(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 A(5)(c) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection A(5)(d)[3] above.

[5] Failure of the Zoning Officer to act within the time period prescribed in Subsection A(5)(d)[3] and [4] above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be 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 § 215-13.2C through I.

[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 A(5)(d)[3] above, the applicant shall be required to pay of a sum of $250 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 that Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

(6) Management practices for 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.

(7) Resource extraction.

(a) Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area.

(b) Resource extraction in the Preservation Area Zone and Forest Area Zone is limited pursuant to N.J.A.C. 7:50-6, Part VI.

(c) All resource extraction operations in the Pinelands Area shall be conducted in accordance with the standards set forth in N.J.A.C. 7:50-6.68.

(d) Resource extraction permits shall be issued for a maximum period of two years. Nothing in this subsection shall be construed to prohibit any person from securing additional permits, provided that the provisions of this section are met.

(e) All parcels of land which are used for resource extraction operations shall be restored in accordance with N.J.A.C. 7:50-6.69.

(8) Water quality. All development within the Pinelands Area shall conform to the following water quality standards:

(a) All development permitted under this section shall be designed and carried out so that the quality of surface water and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.

Except as specifically authorized in this subsection, no development which degrades surface water or groundwater quality or which established new point sources of pollution shall be permitted. The following point and nonprofit sources may be developed and operated in the Pinelands:

[1] Development of new or the expansion of existing commercial, industrial, and waste water treatment facilities, or the development of new or the expansion of existing non-point sources, except those specifically regulated in Subsection A(8)(a)[2] through [6] below, provided that:

[a] There will be no direct discharge into any surface water body;

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

[c] All public waste water treatment facilities are designed to accept and treat septage; and

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

[2] Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of Subsection A(8)(a)[1] above, provided that:

[a] There will be no direct discharge into any surface water body;

[b] The facility is designed only to accommodate wastewater from existing residential, commercial, and industrial development;

[c] Adherence to Subsection A(8)(a)[1] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

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

[3] Improvements to existing commercial, industrial, and waste water that:

[a] There is no practical alternative available that would adhere to the standards of Subsection A(8)(a)[1][a] above;

[b] There is no increase in the existing approved capacity of the facility;

[c] The design of the system and its discharge point, and the size of the parcel on which the system is located, will ensure that groundwater exiting from the parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;

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

[e] Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[f] The system will be maintained and inspected in accordance with the requirements of this chapter;

[g] The technology to be used has been approved by the New Jersey Department of Environmental Protection; and

[h] Any effluent from other than standard subsurface sewerage disposal systems will be monitored in accordance with the requirements periodically established by the Pinelands Commission.

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

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

[b] The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of A(8)(a)[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 right-of-ways or any contiguous lands that have been deed restricted pursuant to §§ 215-4.25B or 215-4.31;

[c] Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, non-residential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

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

[e] Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[f] The system will be maintained and inspected in accordance with the requirements of Subsection A(8)(a)[7] below;

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

[h] Flow values for non-residential 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 a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

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

[a] The standards set forth in Subsection A(8)(a)[4][a] and A(8)(a)[4][c] through [h] above are met;

[b] If the proposed development is nonresidential, it is located:

[i] In the PV zoning district; or

[ii] In the FA or FAC zoning districts, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2).

[c] The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater existing 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 A(8)(a)[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 right-of-ways or any contiguous lands that have been deed restricted pursuant to §§ 215-4.25B or 215-4.31.

[6] Surface water runoff, provided that the requirements of § 215-13.5 are met.

[7] Prohibited chemicals and materials.

[a] 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 water or groundwater or any land:

[i] Septic tank cleaners; and

[ii] Waste oil.

[b] 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.

[c] No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect and adjacent agricultural activity.

[8] Water management.

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

[b] A diversion within the Pinelands Area portion of Little Egg Harbor 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 A(8)(a)[8][b][i] and [ii] below, or outside of either basin, shall be prohibited.

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

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

[c] A diversion within the Pinelands Area portion of Little Egg Harbor Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection A(8)(a)[8][b][ii] 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 A(8)(a)[8][d] below.

[d] Within the Pinelands Area portion of Little Egg Harbor 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 be prohibited unless it meets the criteria of Subsection A(8)(a)[8][d][i] below. "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.

[i] A proposed diversion shall only be permitted if it is:

[A] 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:

{1}	Be approximately the same depth as the existing well;
{2}	Divert from the same aquifer as the existing well;
{3}	Have the same or lesser pump capacity as the existing well; and
{4}	Be located within 100 feet of, and in the same HUC-11 watershed as, the existing well;

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

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

(9) Scenic. All new development in the Pinelands Area Preservation Area Zone and Forest Area Zone shall conform to the requirements of this subsection to ensure that development will take advantage of and enhance the visual character of the Pinelands.

(a) Except for those roads which provide for internal circulation within residentially developed areas, no building shall be located within 200 feet of the center line of a public paved road, unless environmental or other physical considerations make it impractical to do so, provided however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor.

(b) Subsection A(9)(a) above shall not apply to agricultural commercial establishments.

(c) If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of this chapter, so as to provide screening between the building and the corridor.

(d) Motor vehicle screening and storage. No more than 10 automobiles, trucks or other vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only of the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

(e) Location of utilities.

(f) New utility distribution lines and telephone lines to location not presently served by utilities shall be placed underground except for those lines which are located on or adjacent to active agricultural operations.

[1] Above-ground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with § 215-11.8.

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

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

(10) Signs, Preservation Area Zone. The following signs shall be permitted in the Preservation Area Zone:

(a) Official public safety and information signs displaying road names, numbers and safety directions;

(b) On-site signs advertising the sale or rental of the premises, provided that:

[1] The area on one side of any such sign shall not exceed 12 square feet; and

[2] No more than one sign is located on any parcel of land held in common ownership.

(c) On-site identification signs for schools, churches, hospitals, or similar public service institutions, provided that:

[1] The size of any such sign shall not exceed 12 square feet; and

[2] No more than one sign is placed on any single property;

(d) Trespassing signs or signs indicating the private nature of a road, driveway, or premises and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs did not exceed 12 square feet.

(e) On-site professional, home occupation, or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that:

[1] The size of any such sign shall not exceed 12 square feet; and

[2] No more than one sign is permitted for any individual parcel of land.

(f) On-site business or advertising signs, provided that:

[1] No more than two signs are located on any one premise or on the premises leased or utilized by any one business establishment; and

[2] The total area of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.

(g) Temporary signs advertising political parties or candidates for election, provided that the size of such sign does not exceed four square feet; and

(h) Temporary on and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.

(11) Signs, pinelands area. All signs in the Pinelands Area shall comply with the following standards:

(a) No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted.

(b) No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation, shall be permitted.

(c) No outdoor off-site commercial advertising sign, other than signs advertising agricultural commercial establishments, shall be permitted. Off-site outdoor signs advertising agricultural commercial establishments shall be permitted provided that:

[1] No more than two signs shall be placed in any one direction along each road directly approaching the establishment; and

[2] 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.

(d) No existing sign which does not conform to Subsection A(11)(a), (b) and (c) hereof shall be permitted to continue beyond January 14, 1991.

(e) To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.

(12) Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the Fire Hazard Classification set out in N.J.A.C. 7:50-6.113[3] unless such development complies with the following standards:

(a) All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two access ways of a width and surface composition sufficient to accommodate and support firefighting equipment;

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

(c) The right-of-ways of all roads will be maintained so that they provide and effective fire break;

(d) A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

[1] In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[a] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

[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; and

[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 spp.) is closer than 25 feet to another pine tree; and

[c] All dead plant material is removed.

(e) All structure will meet the following specifications:

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

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

[3] 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; and

[5] Any openings in the roof, attic, and the floor shall be screened.

(f) All residential development of 100 dwelling units of more in high or extreme high hazard areas will have a 200-foot perimeter fuel break between all structures and the forest in which:

[1] Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

[2] All dead plant material is removed;

[3] Roads, right-of-ways, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

[4] There is a specific program for maintenance.

[3] Editor's Note: So in original.

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

(a) Improved bicycling facilities outside of the Pinelands Village shall be provided only in conjunction with paved roads.

(14) Location of utilities. New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

(15) Historic resource preservation.

(a) The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection A(15)(e)[2] below.

(b) Authority to issue certificates of appropriateness.

[1] The Planning Board shall issue all certificate of appropriateness except as specified in Subsection A(15)(b)[2] below.

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

(c) Certificates of appropriateness shall be required for the following:

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

[2] Development not otherwise exempted from review pursuant to this chapter where a significant resource has been identified pursuant to Subsection A(15)(e) below.

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

(e) A cultural resource survey shall accompany all applications for development in the Pinelands Village Zone and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed in 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 archaeologist 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.

[1] This requirement for a survey may be waived by the local approving agency if:

[a] There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[b] The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

[c] The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection A(15)(e)[2] below.

[2] A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

[a] The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;

[b] The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;

[c] The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the Nation, state, local community or the Pinelands, although its components may lack individual distinction; or

[d] The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

(f) The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.146(c)[4] shall be followed by the Planning Board and Board of Adjustment.

[4] Editor's Note: So in original.

(g) The effect of the issuance of a certificate of appropriateness is as follows:

[1] All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection A(15)(g)[2] below.

[2] A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection A(15)(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 Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

[3] The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

[a] A narrative description of the resource and its cultural environment;

[b] Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

[c] A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and

[d] A New Jersey inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

[4] 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 Recovery, Notification, Reporting and Data Discovery" (36 CFR Part 66).

(16) Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.

(17) Air quality. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

(a) All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.

(b) Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in a Pinelands Area Zone shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.

§ 215-13.5 Stormwater control for areas within the Pinelands Area.

[Amended 12-13-2007 by Ord. No. 2007-26; 3-14-2019 by Ord. No. 2019-04; 3-9-2023 by Ord. No. 2023-07; 7-11-2024 by Ord. No. 2024-20; 10-10-2024 by Ord. No. 2024-27]

A. Scope and purpose.

(1) Policy statement. Flood control, groundwater recharge, erosion control and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (BMPs) and nonstructural stormwater management strategies. Green infrastructure BMPs and low impact development should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. Green infrastructure BMPs and low impact development should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge contained in this section.

(2) Purpose. The purpose of this section is to establish, within the Pinelands Area portion of Little Egg Harbor Township, minimum stormwater management requirements and controls as authorized by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and the New Jersey Department of Environmental Protection (NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in this section are intended to minimize the adverse impact of stormwater runoff on water quality and water quantity, to facilitate groundwater recharge, and to control and minimize soil erosion, stream channel erosion, sedimentation and pollution associated with stormwater runoff. Moreover, Pinelands Area resources are to be protected in accordance with the antidegradation policies contained in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally, this section is intended to ensure the adequacy of existing and proposed culverts and bridges and to protect public safety through the proper design and operation of stormwater BMPs. If there are any conflicts between a provision required by the Pinelands CMP and a provision required by the NJDEP, the Pinelands CMP provision shall apply.

(3) Applicability.

(a) The terms "development," "major development" and "minor development" are defined in § 215-13.5B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).

(b) This section shall apply within the Pinelands Area to all major development, and to minor development meeting the following criteria:

[1] Development involving the construction of four or fewer dwelling units;

[2] Development involving any non-residential use and resulting in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

[3] Development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period. For development meeting this criterion, the stormwater management standards for major development set forth in this section shall apply.

(c) This section shall apply to all development meeting the criteria of (b) above that is undertaken by Little Egg Harbor Township.

(d) Except as provided in § 215-13.5J, the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.

(4) Compatibility with other permit and ordinance requirements.

(a) Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

(b) This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

(c) In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Little Egg Harbor Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Little Egg Harbor Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Pinelands Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP.

B. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the NJDEP Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds to the CMP definition.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

COUNTY REVIEW AGENCY

An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

(1) A county planning agency; or

(2) A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DEVELOPMENT

The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

(1) A change in type of use of a structure or land;

(2) A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

(4) Commencement of resource extraction or drilling or excavation on a parcel of land;

(5) Demolition of a structure or removal of trees;

(6) Commencement of forestry activities;

(7) Deposit of refuse, solid or liquid waste or fill on a parcel of land;

(8) In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

(9) Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

In the case of development on agricultural land, i.e., lands use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DIVERT or DIVERSION

The taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.

DRAINAGE AREA

A geographic area within which stormwater runoff, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the NJDEP Landscape Project as approved by the NJDEP Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

(1) Treating stormwater runoff through infiltration into subsoil;

(2) Treating stormwater runoff through filtration by vegetation or soil; or

(3) Storing stormwater runoff for reuse.

HIGH POLLUTANT LOADING AREAS

Areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with NJDEP approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities.

HUC-11 or HYDROLOGIC UNIT CODE 11

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

HYDROLOGIC UNIT CODE-11 or HUC-11

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0, incorporated herein by reference, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.

INFILTRATION

The process by which water seeps into the soil from precipitation.

MAJOR DEVELOPMENT

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

MINOR DEVELOPMENT

All development other than major development.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 215-13.5C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NONCONSUMPTIVE USE

The use of water diverted from surface water or groundwater in such a manner that at least 90% of the diverted water is returned to the source surface water or groundwater at or near the point from which it was taken.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

(1) A net increase in motor vehicle surface; and/or

(2) The total area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEASONAL HIGH WATER TABLE

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

SOURCE MATERIAL

Any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLAND TRANSITION AREA

An area within 300 feet of any wetland.

WETLANDS or WETLAND

Lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands–a Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.

C. Stormwater management requirements.

(1) Stormwater management measures for development regulated under this section shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control and stormwater runoff quality treatment in accordance with this section.

(a) Major development shall meet the minimum design and performance standards for erosion control established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90 and 16:25A.

(b) All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 215-13.5C(15), (16), and (17) by incorporating green infrastructure as provided at § 215-13.5C(14).

(2) All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 215-13.5I.

(3) Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 6.33.

(4) Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 15-13.5C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the NJDEP website at: https://dep.nj.gov/stormwater/bmp-manual/.

(5) Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 215-13.5C(8)(b), unless otherwise noted.

Table 1: Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry well(a)	0	No	Yes	2
Grass swale	50 or less	No	No	2(e)
				1(f)
Green roof	0	Yes	No	—
Manufactured treatment device(a), (g)	50 or 80	No	No	Dependent upon the device
Pervious paving system(a)	80	Yes	Yes(b)	2(b)
			No(c)	2(c)
Small-scale bioretention basin(a)	80 or 90	Yes	Yes(b)	2(b)
			No(c)	2(c)
Small-scale infiltration basin(a)	80	Yes	Yes	2
Small scale sand filter(a)	80	Yes	Yes	2
Vegetative filter strip	60-80	No	No	—

Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Variance from N.J.A.C. 7:8-5.3).
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes(b)	2(b)
			No1	11
Infiltration basin	80	Yes	Yes	2
Sand filter(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	2(i)
Wet pond(d)	50-90	Yes	No	2(i)

Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	2
Manufactured treatment device(h)	50 or 80	No	No	Dependent upon the device
Sand filter(c)	80	Yes	No	2
Subsurface gravel wetland	90	No	No	2
Wet pond	50-90	Yes	No	2(i)

Footnotes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 15-13.5C(14)(b).
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains, where stormwater percolates into the underdrain through the soils and is not directed to the underdrain by an outlet control structure.
(d)	Designed to maintain at least a 10-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)	Designed with a slope of less than 2%.
(f)	Designed with a slope of equal to or greater than 2%.
(g)	Manufactured treatment devices that meet the definition of green infrastructure at § 15-13.5B.
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at § 15-13.5B.
(i)	The top elevation of the impermeable layer or liner must maintain this two-foot minimum separation to the seasonal high water table.

(6) An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 215-13.5E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 215-13.5C(14) only if the measures meet the definition of green infrastructure at § 215-13.5B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 215-13.5C(14)(b) are subject to the contributory drainage area limitation specified at § 215-13.5C(14)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 215-13.5C(14)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with § 215-13.5J is granted from § 215-13.5C(14).

(7) Hydraulic impacts.

(a) For all major development, groundwater mounding analysis shall be required for purposes of assessing the hydraulic impacts of mounding of the water table resulting from infiltration of stormwater runoff from the maximum storm designed for infiltration. The mounding analysis shall provide details and supporting documentation on the methodology used. Groundwater mounds shall not cause stormwater or groundwater to break out to the land surface or cause adverse impacts to adjacent water bodies, wetlands, or subsurface structures, including, but not limited to, basements and septic systems. Where the mounding analysis identifies adverse impacts, the stormwater management measure shall be redesigned or relocated, as appropriate.

(b) For all applicable minor development, a design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development shall be required.

(8) Design standards for stormwater management measures are as follows:

(a) Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; wetland transition areas; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

(b) Stormwater management measures designed to infiltrate stormwater shall be designed, constructed, and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of infiltration and the seasonal high water table;

(c) Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one and 20 inches per hour. A factor of safety of two shall be applied to the soil's permeability rate in determining the infiltration measure's design permeability rate. If such soils do not exist on the parcel proposed for development or if it is demonstrated that it is not practical for engineering, environmental, or safety reasons to site the stormwater infiltration measure(s) in such soils, the stormwater infiltration measure(s) may be sited in soils verified by testing to have permeability rates in excess of 20 inches per hour, provided that stormwater is routed through a bioretention system prior to infiltration. Said bioretention system shall be designed, installed, and maintained in accordance with the New Jersey Stormwater BMP Manual;

(d) The use of stormwater management measures that are smaller in size and distributed spatially throughout a parcel, rather than the use of a single, larger stormwater management measure shall be required;

(e) Methods of treating stormwater prior to entering any stormwater management measure shall be incorporated into the design of the stormwater management measure to the maximum extent practical;

(f) To avoid sedimentation that may result in clogging and reduction of infiltration capability and to maintain maximum soil infiltration capacity, the construction of stormwater management measures that rely upon infiltration shall be managed in accordance with the following standards:

[1] No stormwater management measure shall be placed into operation until its drainage area has been completely stabilized. Instead, upstream runoff shall be diverted around the measure and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with N.J.A.C. 2:90;

[2] If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(8)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and

[3] To avoid compacting the soils below a stormwater management measure designed to infiltrate stormwater, no heavy equipment, such as backhoes, dump trucks, or bulldozers shall be permitted to operate within the footprint of the stormwater management measure. All excavation requited to construct a stormwater management measure that relies on infiltration shall be performed by equipment placed outside the footprint of the stormwater management measure. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed. Earthwork associated with stormwater management measure construction, including excavation, grading, cutting, or filling, shall not be performed when soil moisture content is above the lower plastic limit;

(g) Dry wells shall be designed to prevent access by amphibian and reptiles;

(h) Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 215-13.5C(16)(d). For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one-inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 215-13.5G(3)(a);

(i) Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

(j) Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 215-13.5G; and

(k) The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

(9) Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 215-13.5B may be used only under the circumstances described at § 215-13.5C(14)(d).

(10) Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 215-13.5C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(11) If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 215-13.5C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(12) Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Ocean County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 215-13.5C(14), (15), (16), and (17) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 215-13.5I(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(13) A stormwater management measure approved under the municipal stormwater management plan or this section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 215-13.5C(15), (16), and (17) and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Ocean County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(12) above.

(14) Green infrastructure standards.

(a) This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards of this section.

(b) To satisfy the groundwater recharge and stormwater runoff quality standards at § 215-13.5C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 215-13.5C(5) and/or an alternative stormwater management measure approved in accordance with § 215-13.5C(6). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement system	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

(c) To satisfy the stormwater runoff quantity standards at § 215-13.5C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 215-13.5C(5) and/or an alternative stormwater management measure approved in accordance with § 215-13.5C(6).

(d) If a variance in accordance with § 215-13.5J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 215-13.5C(5) and/or an alternative stormwater management measure approved in accordance with § 215-13.5C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 215-13.5C(15), (16), and (17).

(e) For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 215-13.5C(15), (16), and (17).

(15) Groundwater recharge standards.

(a) This subsection contains the minimum design and performance standards for groundwater recharge as follows:

(b) For all major development, the total runoff volume generated from the net increase in impervious surfaces by the current 10-year, 24-hour storm, as defined and determined in § 215-13.5D(8), shall be retained and infiltrated on site.

(c) For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by the current 10-year, 24-hour storm, as defined and determined in § 215-13.5D(8), shall be retained and infiltrated through installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater management measures include, but are not limited to dry wells, pervious pavement systems, and small scale bioretention systems, including rain gardens.

(d) For minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces, the water quality design storm volume generated from these surfaces shall be recharged on site.

(e) Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 215-13.5C(16)(h).

(16) Stormwater runoff quality standards.

(a) This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of:

[1] Major development;

[2] Minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

[3] Any development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period.

(b) Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 215-13.5C(16)(d) as follows:

[1] 80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

[2] If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

(c) The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(16)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

(d) The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4: Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.0083	45	0.2	85	1.117
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.235	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.0166	50	0.2583	90	1.15
11	0.01828	51	0.2783	91	1.155
12	0.01996	52	0.2983	92	1.16
13	0.02164	53	0.3183	93	1.165
14	0.02332	54	0.3383	94	1.17
15	0.025	55	0.3583	95	1.175
16	0.03	56	0.4116	96	1.18
17	0.035	57	0.465	97	1.185
18	0.04	58	0.5183	98	1.19
19	0.045	59	0.5717	99	1.195
20	0.05	60	0.625	100	1.2
21	0.055	61	0.6783	101	1.205
22	0.06	62	0.7317	102	1.21
23	0.065	63	0.785	103	1.215
24	0.07	64	0.8384	104	1.22
25	0.075	65	0.8917	105	1.225
26	0.08	66	0.9117	106	1.2267
27	0.085	67	0.9317	107	1.2284
28	0.09	68	0.9517	108	1.23
29	0.095	69	0.9717	109	1.2317
30	0.1	70	0.9917	110	1.2334
31	0.1066	71	1.0034	111	1.2351
32	0.1132	72	1.015	112	1.2367
33	0.1198	73	1.0267	113	1.2384
34	0.1264	74	1.0383	114	1.24
35	0.133	75	1.05	115	1.2417
36	0.1396	76	1.0568	116	1.2434
37	0.1462	77	1.0636	117	1.245
38	0.1528	78	1.0704	118	1.2467
39	0.1594	79	1.0772	119	1.2483
40	0.166	80	1.084	120	1.25

(e) If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B – (A x B) / 100
Where,
R	=	total TSS Percent Load Removal from application of both BMPs, and
A	=	the TSS Percent Removal Rate applicable to the first BMP.
B	=	the TSS Percent Removal Rate applicable to the second BMP.

(f) Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 215-13.5C(16)(d). In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 215-13.5C(15), (16), and (17).

(g) For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 215-13.5C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.

(h) In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 215-13.5B, the following additional water quality standards shall apply:

[1] The areal extent and amount of precipitation falling directly on or flowing over HPLAs and/or areas where stormwater is exposed to source material shall be minimized through the use of roof covers, canopies, curbing or other physical means to the maximum extent practical in order to minimize the quantity of stormwater generated from HPLA areas and areas where stormwater runoff is exposed to source material;

[2] The stormwater runoff originating from HPLA and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from co-mingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;

[3] The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 215-13.5C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3][a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:

[a] Any measure designed in accordance with the New Jersey Stormwater BMP Manual to remove total suspended solids. Any such measure must be constructed to ensure that the lowest point of infiltration within the measure maintains a minimum of two feet of vertical separation from the seasonal high-water table; and

[b] Other measures certified by the NJDEP, including a Media Filtration System manufactured treatment device with a minimum 80% removal of total suspended solids as verified by the New Jersey Corporation for Advanced Technology; and

[4] If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.

(i) The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

(j) Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(17) Stormwater runoff quantity standards.

(a) This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts related to applicable major and minor development.

(b) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 15-13.5D, complete one of the following:

[1] Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, 10-, and 100-year storm events, as defined and determined in § 15-13.5D(8) and (9), do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

[2] Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, 10- and 100-year storm events, as defined and determined in § 15-13.5D(8) and (9), and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

[3] Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, 10- and 100-year storm events, as defined and determined in § 15-13.5D(8) and (9), are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

[4] In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination or the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

(c) The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

(d) There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface water body. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel.

(e) To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields to protect farm crops from damage due to flooding, erosion, and long-term saturation of cultivated crops and cropland.

(18) As-built requirements for major development are as follows:

(a) After all construction activities have been completed on the parcel and finished grade has been established in each stormwater management measure designed to infiltrate stormwater, replicate post-development permeability tests shall be conducted to determine if as-built soil permeability rates are consistent with design permeability rates. The results of such tests shall be submitted to the municipal engineer or other appropriate reviewing engineer. If the results of the post-development permeability tests fail to achieve the minimum required design permeability rate, utilizing a factor of safety of two, the stormwater management measure shall be renovated and retested until the required permeability rates are achieved; and

(b) After all construction activities and required testing have been completed on the parcel, as-built plans, including as-built elevations of all stormwater management measures shall be submitted to the municipal engineer or other appropriate reviewing engineer to serve as a document of record. Based upon that engineer's review of the as-built plans, all corrections or remedial actions deemed necessary due to the failure to comply with design standards and/or for any reason concerning public health or safety, shall be completed by the applicant. In lieu of review by the municipal engineer, the municipality may engage a licensed professional engineer to review the as-built plans and charge the applicant for all costs associated with such review.

D. Calculation of stormwater runoff and groundwater recharge.

(1) Stormwater runoff shall be calculated by the design engineer using the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey.

(2) In calculating stormwater runoff using the NRCS methodology, the appropriate 24-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall be utilized.

(3) For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology at (1) above. A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

(4) In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.

(5) In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

(6) If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

(7) Groundwater recharge may be calculated in accordance with the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

(8) The precipitation depths of the current two-, 10-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection D(8)(a) and (b) below:

(a) The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at:

https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and

(b) The applicant shall utilize Table 5, Current Precipitation Adjustment Factors, below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Table 5: Current Precipitation Adjustment Factors
County	Current Precipitation Adjustment Factors
	2-Year Design Storm	10-Year Design Storm	100-Year Design Storm
Burlington	0.99	1.01	1.04
Ocean	1.00	1.01	1.03

(9) Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, 10-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection D(8)(a) above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.

Table 6: Future Precipitation Change Factors
County	Future Precipitation Change Factors
	2-Year Design Storm	10-Year Design Storm	100-Year Design Storm
Burlington	1.17	1.18	1.32
Ocean	1.18	1.19	1.24

E. Sources for technical guidance.

(1) Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the NJDEP's website at: https://dep.nj.gov/stormwater/bmp-manual/.

(a) Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 215-13.5C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.

(b) Additional maintenance guidance is available on the NJDEP's website at: https://dep.nj.gov/stormwater/maintenance-guidance/.

(2) Submission.

(a) Submissions required for review by the NJDEP should be mailed to:

The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

(b) Submissions required for review by the Pinelands Commission should be emailed to appinfo#pinelands.nj.gov.

F. Solids and floatable materials control standards.

(1) Site design features identified under § 215-13.5C(5), or alternative designs in accordance with § 215-13.5C(6), to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F(1)(b) below.

(a) Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1] The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2] A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3] For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

(b) The standard in Subsection F(1)(a) above does not apply:

[1] Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

[2] Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

[3] Where flows from the water quality design storm established at § 215-13.5C(16)(d) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a] A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

[b] A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

[4] Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 215-13.5C(16)(d); or

[5] Where the NJDEP determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

G. Safety standards for stormwater management basins.

(1) This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

(2) The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below for trash racks, overflow grates, and escape provisions at outlet structures.

(3) Requirements for trash racks, overflow grates and escape provisions.

(a) A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

[1] The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

[2] The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

[3] The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

[4] The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

(b) An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, the grate shall comply with the following requirements:

[1] The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

[2] The overflow grate spacing shall be no greater than two inches across the smallest dimension.

[3] The overflow grate shall be constructed of rigid, durable, and corrosion-resistant material, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

(c) Stormwater management BMPs shall include escape provisions as follows:

[1] If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G(4) below, a freestanding outlet structure may be exempted from this requirement;

[2] Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection G(5) below for an illustration of safety ledges in a stormwater management BMP; and

[3] In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

(4) Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

(5) Safety ledge illustration.

Figure 1. Elevation View — Basin Safety Ledge Configuration

H. Requirements for a Site Development Stormwater Plan.

(1) Submission of Site Development Stormwater Plan.

(a) Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in § 215-13.5H(3).

(b) Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan containing all information required in § 215-13.5H(4).

(c) The Site Development Stormwater Plan shall demonstrate that the proposed development meets the standards of this section.

(d) The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 215-13.5C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 215-13.5C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 215-13.5D.

(e) The application submission requirements of Subsection H(1)(a) and (b) above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.

(f) The applicant shall submit 12 copies of the Site Development Stormwater Plan. All required engineering plans shall be in CAD Format 15 or higher, registered and rectified to NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New Jersey FIPS 2900 US Feet. All other required documents shall be submitted in both paper and commonly used electronic file formats such as .pdf, word processing, database or spreadsheet files.

(2) Site Development Stormwater Plan approval. The Site Development Stormwater Plan shall be reviewed as a part of the development review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

(3) Checklist requirements for major development. Any application for major development approval shall include a Site Development Stormwater Plan containing, at minimum, the following information.

(a) Topographic base map. The Site Development Stormwater Plan shall contain a topographic base map of the site that extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch = 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with any required wetlands transition areas, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown. Little Egg Harbor Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

(b) Environmental site analysis. The Site Development Stormwater Plan shall contain a written description along with the drawings of the natural and human-made features of the site and its environs. This description shall include:

[1] A discussion of environmentally critical areas, soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention shall be given to unique, unusual or environmentally sensitive features and to those features that provide particular opportunities for or constraints on development; and

[2] Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater management measures, including, at a minimum:

[a] A soils report based on on-site soil tests;

[b] Location and spot elevations in plan view of all test pits and permeability tests;

[c] Permeability test data and calculations;

[d] Any other required soil or hydrogeologic data (e.g., mounding analyses results) correlated with location and elevation of each test site;

[e] A cross-section of all proposed stormwater management measures with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and

[f] Any other information necessary to demonstrate the suitability of the specific proposed stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

(c) Project description and site plan(s). The Site Development Stormwater Plan shall contain a map (or maps), at the same scale as the topographical base map, indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d) Land Use Planning and Source Control Plan. The Site Development Stormwater Plan shall contain a Land Use Planning and Source Control Plan demonstrating compliance with the erosion control, groundwater recharge, stormwater runoff quantity control and stormwater quality treatment required by this section. This shall include, but is not limited to:

[1] Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 215-13.5C(16)(g).

[2] Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 215-13.5C(16)(h).

(e) Stormwater management facilities map. The Site Development Stormwater Plan shall contain a Stormwater Management Facilities Map, at the same scale as the topographic base map, depicting the following information:

[1] The total area to be disturbed, paved and/or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to manage and recharge stormwater; and

[2] Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention (if applicable) and emergency spillway provisions with maximum discharge capacity of each spillway.

(f) Groundwater mounding analysis. The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with § 215-13.5C(7)(a).

(g) Inspection, maintenance and repair plan. The Site Development Stormwater Plan shall contain an Inspection, Maintenance and Repair Plan containing information meeting the requirements of § 215-13.5I(2) of this section.

(4) Checklist requirements for minor development. Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan, certified by a design engineer, containing, at minimum, the following information:

(a) All existing and proposed development, including limits of clearing and land disturbance.

(b) All existing and proposed lot lines.

(c) All wetlands and required wetland transition areas.

(d) The type and location of each green infrastructure stormwater management measure.

(e) A cross sectional drawing of each stormwater management measure showing the associated:

[1] Soil profile;

[2] Soil permeability test elevation;

[3] Soil permeability rate; and

[4] The elevation of, and vertical separation to, the seasonal high water table.

(f) A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 215-13.5C(7)(b).

(g) A Maintenance Plan containing information meeting the requirements of § 215-13.5I(2).

(5) Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the Site Development Stormwater Plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP (N.J.A.C. 7:50-4.2(b)) shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.

I. Maintenance and repair.

(1) All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with Subsection I(2) below. Maintenance and repair shall be implemented in accordance with maintenance plan and Subsection I(3) below.

(2) The maintenance plan shall include the following:

(a) Specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

(b) Responsibility for maintenance of stormwater management measures approved as part of an application for major development shall not be assigned or transferred to the owner or tenant of an individual property, unless such owner or tenant owns or leases the entire site subject to the major development approval. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all the maintenance required.

(c) Responsibility for maintenance of stormwater management measures approved as part of an application for minor development may be assigned or transferred to the owner or tenant of the parcel.

(d) If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

(e) If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 215-13.5I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

(f) For all major development, the following additional standards apply:

[1] The maintenance plan shall include accurate and comprehensive drawings of all stormwater management measures on a parcel, including the specific latitude and longitude and block/lot number of each stormwater management measure. Maintenance plans shall specify that an inspection, maintenance, and repair report will be updated and submitted annually to the municipality;

[2] Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement; and

[3] An adequate means of ensuring permanent financing of the inspection, maintenance, repair, and replacement plan shall be implemented and shall be detailed in the maintenance plan. Financing methods shall include, but not be limited to:

[a] The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners' association;

[b] The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements.

(g) For all minor development, maintenance plans shall be required for all stormwater management measures installed in accordance with this section and shall include, at a minimum, the following information:

[1] A copy of the certified plan required pursuant to § 215-13.5H(4);

[2] A description of the required maintenance activities for each stormwater management measure; and

[3] The frequency of each required maintenance activity.

(3) General maintenance and repair.

(a) Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

(b) The person responsible for maintenance identified under § 215-13.5I(2)(b) shall perform all of the following requirements:

[1] Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

[2] Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

[3] Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection I(3)(b)[1] and [2] above.

(c) The requirements of Subsection I(2)(b), (c), and (d) above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(d) In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(4) Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

J. Variances.

(1) The exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area except in accordance with this section.

(2) The municipal review agency may grant a variance from the design and performance standards for stormwater management measures set forth in its municipal stormwater management plan and this section, provided that:

(a) No variances shall be granted from Subsection C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface water body and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;

(b) The municipal stormwater plan includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;

(c) The applicant demonstrates that it is technically impracticable to meet any one or more of the design and performance standards on-site. For the purposes of this analysis, technical impracticability exists only when the design and performance standard cannot be met for engineering, environmental, or safety reasons. A municipality's approval of a variance shall apply to an individual drainage area and design and performance standard and shall not apply to an entire site or project, unless an applicant provides the required analysis for each drainage area within the site and each design and performance standard;

(d) The applicant demonstrates that the proposed design achieves the maximum possible compliance with the design and performance standards of this section on site; and

(e) A mitigation project is implemented, in accordance with the following:

[1] All mitigation projects shall be located in the Pinelands Area and in the same HUC-14 as the parcel proposed for development. If the applicant demonstrates that no such mitigation project is available, the municipality may approve a variance that provides for mitigation within the same HUC-11 as the parcel proposed for development, provided the mitigation project is located in the Pinelands Area.

[2] The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.

[3] The mitigation project shall be approved no later than preliminary or final site plan approval of the major development.

[4] The mitigation project shall be constructed prior to, or concurrently with, the development receiving the variance.

[5] The mitigation project shall comply with the green infrastructure standards at Subsection C(14).

[6] If the variance that resulted in the mitigation project being required is from the green infrastructure standards at Subsection C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at Subsection C(5), and/or an alternative stormwater management measure approved in accordance with Subsection C(6) that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at Subsection C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at Subsection C(14)(b), as applicable.

[7] A variance from the groundwater recharge standards at Subsection C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at Subsection C(15).

[8] A variance from the stormwater runoff quality standards at Subsection C(16) may be granted if the following are met:

[a] The total drainage area of motor vehicle surface managed by the mitigation project(s) must equal or exceed the drainage area of the area of the major development subject to the variance and must provide sufficient TSS removal to equal or exceed the deficit resulting from granting the variance for the major development; and

[b] The mitigation project must remove nutrients to the maximum extent feasible in accordance with Subsection C(16)(g).

[9] A variance from the stormwater runoff quantity standards at Subsection C(17) may be granted if the following are met:

[a] The applicant demonstrates, through hydrologic and hydraulic analysis, including the effects of the mitigation project, that the variance will not result in increased flooding damage below each point of discharge of the major development;

[b] The mitigation project indirectly discharges to the same watercourse and is located upstream of the major development subject to the variance; and

[c] The mitigation project provides peak flow rate attenuation in accordance with Subsection C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.

[10] The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with Subsection I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.

(3) Any approved variance shall be submitted by the municipal review agency to the county review agency and the NJDEP, by way of a written report describing the variance, as well as the required mitigation, within 30 days of the approval.

K. Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to, but not limited to, the penalties delineated in Article XIX, Enforcement, § 215-19.1, Violations and penalties, herein.