Article VI Pinelands Area Development Requirements

§ 225-50 Applicability; general provisions and requirements; supplemental design and development standards.

Editor's Note: This ordinance also repealed former Article VI, Planned Development Option, as amended.

Applicability. The provisions of this article shall apply only to the Pinelands Area of Egg Harbor Township and shall be considered supplemental to the requirements of the balance of this chapter. No land within the Pinelands Area of Egg Harbor Township, as defined herein, shall be disturbed 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.

General provisions and requirements. All development located in the Pinelands Area of Egg Harbor Township shall comply with the goals, objectives and policies of the Pinelands Comprehensive Management Plan and the provisions of this article.

Supplemental design and development standards and management programs. 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 section. These standards shall be deemed supplemental to the normal standards and requirements of this chapter 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 article shall supersede all other requirements and standards.

§ 225-50.1 Agriculture.

It is the express finding and declaration of the Township Committee that agricultural activities serve the interest of the citizens of Egg Harbor Township by ensuring numerous social, economic and environmental benefits, and it is, therefore, the express intention of this article to establish as the policy of the Township the protection of agricultural operations from nuisance action where recognized methods and techniques of agricultural production are applied.

The owner of land used for agricultural or horticultural purposes or use who conducts agricultural activities in conformance with the agricultural management practices set forth in this section, and all relevant federal or state statutes or rules and regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety may:

Produce agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping;

Package the agricultural output;

Provide for the wholesale and retail marketing of the agricultural output and related products, including the construction of buildings and parking areas in conformance with Township standards;

Replenish soil nutrients;

Control pests, predators and diseases of plants and animals;

Clear woodlands, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas; and

Conduct on-site disposal of organic agricultural waste.

The following standards shall apply to all agricultural uses in the Township:

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

In those areas of the Township identified as county agricultural development areas, a Resource Conservation Plan shall be prepared by the appropriate Soil Conservation District located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water as a direct result of such agricultural uses conducted therein. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The Resource Conservation Plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in the following publications and any revisions thereto:

[Amended 7-14-1993 by Ord. No. 30-1993]

Erosion and runoff, Soil Conservation Service Technical Guide.

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

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

At such time as the State Agriculture Development Committee is established pursuant to Section 4 of the Right to Farm Act (P.L. 1983, Chapter 31), N.J.S.A. 4:1C-1 et seq., and any amendments or revisions thereto, and at such time as said Committee develops and recommends the program of agricultural management practices pursuant to Section 5 of the aforesaid Right to Farm Act, said agricultural management practices as developed and recommended by said Committee shall be the standards to be applied to all agricultural uses in the Township, insofar as applicable, to the extent that the standards set forth in Subsections C(1) and (2) above are superseded thereby.

The Township, in recognition that agricultural activities, when reasonable and necessary, produce a benefit to the neighborhood, the community and society in general by the preservation of open space, aesthetics and clean air, and by the preservation and continuance of agricultural operations as a source of agricultural products and values for future generations, creates the following presumptions:

In all relevant actions filed subsequent to the effective date of this article, there shall exist a rebuttable presumption that no agricultural operation, activity or structure which is conducted or located within a municipally approved program and conforms to the standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules or regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.

Additional regulations applicable to agriculture; "municipally approved program" defined.

Other regulations for agricultural uses, where permitted, shall be as follows:

No building used to raise or keep livestock or poultry or as a stable shall be located closer than 50 feet to any lot line or 100 feet to any street line;

Seasonal agricultural employee housing is allowed only as an element of and accessory to an active agricultural operation and must have a building setback of 100 feet from any street, 50 feet from any property line and comply with all applicable state regulations regarding said use.

All livestock shall be controlled through the use of fencing and tethering so as to prevent such livestock from running at large.

The number of horses, livestock or other nondomesticated large animals permitted on a lot shall be determined by the size of the lot as follows: one horse or other nondomesticated large animal per acre. The minimum lot size for such use shall be three acres, with one animal permitted for each additional acre.

The term "municipally approved program," by which the above irrebuttable presumption is to be operative, shall be any municipally approved program created in accordance with those provisions set forth in the Agriculture Retention and Development Act (P.L. 1983, Chapter 32), N.J.S.A. 4:1C-11 et seq., and as implemented by the County Agriculture Development Board or any subregional agriculture development board in lieu thereof.

§ 225-50.2 Air quality.

Development in the Pinelands Area of the Township will conform to all guidelines established to meet the requirements of the Federal Clean Air Act, as amended. 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. This includes all applicable state and federal emission regulations, ambient air quality standards, nonattainment criteria and significant deterioration criteria. The Board shall review all proposed major developments including 50 or more dwelling units or 100 or more parking spaces to determine the impact on local air quality in accordance with the following standards:

[Amended 6-25-1997 by Ord. No. 25-1997]

A summary of ambient air quality in the vicinity of the facility expressed in terms of levels of sulfur dioxide, particulate and carbon monoxide concentrations compared with all applicable ambient air quality standards. This data may be obtained from on-site monitoring or, upon approval of the New Jersey Department of Environmental Protection, Division of Environmental Quality, from the nearest New Jersey state monitoring site.

An analysis of the use of all existing and proposed access roads, including:

Current traffic volume, in vehicles per hour, for peak hours, peak eight-hour periods and for an average day; and

Traffic capacity in vehicles per hour calculated pursuant to the procedures set out in the Highway Capacity Manual 1965, Highway Research Board Special Report 87 and NAS-NRC Publication 1328, and any amendments thereto.

An estimate of traffic volumes to be generated by the proposed development in vehicles per hour for peak hours and peak eight-hour periods at the time of completion of construction and 10 years after completion.

A description of parking facilities including:

Locations;

Number of parking spaces;

Number of parking levels; and

Whether the parking area is to be open or covered.

An analysis of emissions from space heating, including:

Type and amount of fuel used and pollution emission factors used to calculate emissions; and

The emission rates of sulfur dioxide, particulate, carbon monoxide, hydrocarbons and oxides of nitrogen in tons per day averaged over the five-month heating season.

An analysis of motor vehicle emissions to be generated by the proposed development and, where appropriate, by growth induced by the proposed development based on annual average daily traffic and space heating emissions, expressed as tons per day of carbon monoxide, hydrocarbons, nitrogen oxide, sulfur dioxide and particulate. The latest data available from the United States Environmental Protection Agency's publication AP-42, Compilation of Air Pollution Emission Factors, is to be used to calculate emissions if more definitive information is not available.

Effect of carbon monoxide emissions on air quality.

An analysis of the effect of carbon monoxide emissions on air quality, including anticipated carbon monoxide concentrations compared with ambient air quality standards and with concentrations in the absence of the proposed development at:

Places of maximum concentrations;

Critical locations, including monitoring sites and sensitive receptors such as hospitals, schools, nursing homes, residences and playgrounds.

This analysis should be prepared pursuant to the procedures established in the United States Environmental Protection Agency's publication, Guidelines for Air Quality Maintenance, Planning and Analysis, Volume 9: Evaluating Indirect Sources, Publication No. EPA-45 0/4-750-00l OAQPS No. 1.2-028, and any revisions thereto, or equivalent procedure.

(8)

An analysis of the availability of public transportation and for housing projects, the accessibility, including distance, safety and convenience of route, by automobile and by other modes of transportation to the following facilities:

Medical (including professional offices and hospitals);

Recreational;

Educational;

Commercial (including personal shopping); and

(e)

Major employment centers.

(9)

A description of measures taken in planning the proposed development which are intended to reduce vehicle miles traveled, including but not limited to those measures described in the United States Environmental Protection Agency's publication Guidelines for Air Quality Maintenance, Planning and Analysis, Volume 3: Control Strategies (Chapter II, Section E), Publication No. EPA-45 0/4-74-003 (OAQPS No. 1.2-002), and in Section 108(f)(i)(A) of the Clean Air Act Amendment of 1977, 42 U.S.C. § 7410, or any revisions thereto.

(10)

A description of measures taken in planning the proposed development which are intended to reduce emissions during construction and minimize dust emissions from the completed development in accordance with the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. Applicable standards for dust control are available in the New Jersey Department of Agriculture publication Standards for Soil Erosion and Sediment Control in New Jersey.

§ 225-50.3 Fire management.

No development shall be carried out in vegetated areas of the Township which are classified as a moderate, high or extreme hazard, as defined in Subsection B below, unless such development complies with the following standards:

All proposed development, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment where possible.

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

[Amended 7-14-1993 by Ord. No. 30-1993]

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

Except as provided in Subsection A(5) below, a fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

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

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

All dead plant material is removed.

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

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

All dead plant material is removed.

In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

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

No pine tree (Pinus spp.) is closer than 25 feet to another pine tree; and

[3]

All dead plant material is removed.

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

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

All dead plant material is removed;

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

There is a specific program for maintenance.

All structures will meet the following specifications:

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

[Amended 7-14-1993 by Ord. No. 30-1993]

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

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

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

(e)

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

The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:

[Amended 7-14-1993 by Ord. No. 30-1993]

	Hazard	Vegetation Type
	Low	Atlantic white cedar swamps and hardwood swamps
	Moderate	Non-Pine Barrens forest Prescribed burned areas
	High	Pine Barrens forest including mature forms of pine, pine-oak and oak-pine
	Extreme	Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland

§ 225-50.4 Fish and wildlife.

No development within the Township shall be carried out 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 animals designated by the Department of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.

[Amended 7-14-1993 by Ord. No. 30-1993]

All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife within the Township.

§ 225-50.5 Forestry.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]

Permit required. No forestry in the Pinelands Area 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:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.

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.

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.

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.

Prescribed burning and the clearing and maintaining of fire breaks.

Any application for forestry activities in that portion of the Township located within the Pinelands Area shall comply with the application procedures and standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.41 through 7:50-6.48).

[Amended 6-20-2012 by Ord. No. 27-2012]

(Reserved)[1]

Editor's Note: Former Subsection C, Forestry standards, was repealed 6-20-2012 by Ord. No. 27-2012.

Forestry permit procedures.

Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.

Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.

Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

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 §§ 225-53.4 through 225-53.7.

§ 225-50.6 Historical, archaeological and cultural preservation.

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.

Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

[Amended 7-14-1993 by Ord. No. 30-1993]

Authority to issue certificates of appropriateness.

The Planning Board shall issue all certificates of appropriateness except as specified in § 225-50.6A(2) below.

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

Certificates of appropriateness shall be required for the following:

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

Development not otherwise exempted from review pursuant to § 225-53.1 of this chapter where a significant resource has been identified pursuant to § 225-50.6D below.

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

A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall including a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

[Amended 6-25-1997 by Ord. No. 25-1997]

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

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

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

The evidence of cultural activity lacks any potential for significance pursuant to the standards of § 225-50.6D(2) below.

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

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

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

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

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

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.

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

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in § 225-50.6F(2) below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in § 225-50.6D above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

[Amended 6-25-1997 by Ord. No. 25-1997]

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

A narrative description of the resource and its cultural environment;

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

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

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

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (35 CFR 66).

§ 225-50.7 Resource extraction.

Refer to Chapter 189 of the Code of the Township of Egg Harbor.

§ 225-50.8 Special scenic corridors.

All structures within 1,000 feet of the center line of the Great Egg Harbor River shall be designed to avoid visual impacts as viewed from the river.

§ 225-50.9 Vegetation.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]

No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of the threatened or endangered plants of the Pinelands cited in N.J.A.C. 7:50-6.27, and as may be from time to time amended, of the Comprehensive Management Plan.

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

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

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.

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

All applications for site plan approval and major subdivision approval shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection E below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection D above or required pursuant to § 94-22A of Chapter 94 shall incorporate the following elements:

The limits of clearing shall be identified.

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

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

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

When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6-25;

For limited ornamental purposes around buildings and other structures; or

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

§ 225-50.10 Water quality.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997; 4-5-2023 by Ord. No. 9-2023; 3-19-2025 by Ord. No. 8-2025]

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

Except as otherwise provided herein, no development shall be permitted which degrades surface or groundwater quality or which establishes new point sources of pollution.

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

Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections E through I below, provided that:

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

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

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

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

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

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

The facility is designed only to accommodate wastewater from existing residential, commercial and industrial developments;

Adherence to Subsection D(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standards will result in excessive user fees; and

The design level of nitrate/nitrogen attention is the maximum possible within the cost limitations proposed by such user fee guidelines, but in no case shall groundwater existing from the parcel or entering a surface body of water exceed 5 parts per million nitrate/nitrogen.

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

There is no practical alternative available that would adhere to the standard of § 225-50.10D(1) above;

There is no increase in the existing approved capacity of the facility; and

All discharges from the facility into surface waters are such that nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that the nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

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

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

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.

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

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

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

The system will be maintained and inspected in accordance with the requirements of § 225-50.10K below.

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

(8)

Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that the number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

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

The standards set forth in Subsection G(1) and G(3) through (8) above are met.

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(3) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.

Surface water runoff, provided that the requirements of § 94-44 are met.

Individual wastewater treatment facility and petroleum tank maintenance.

The owner of every on-site septic wastewater treatment facility in the Pinelands Area of the Township shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act[1] and Section 201 of the Clean Water Act:

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

Have the facility cleaned at least once every three years; and

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

Editor's Note: See N.J.S.A. 13:1E-1 et seq.

The owner of every commercial petroleum storage tank shall comply with the requirements of Chapter 102 of the Laws of 1986.[2]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

Water management.

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

A diversion within the Pinelands Area portion of 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 K(1)(a) and (b) below, or outside of either basin, shall be prohibited.

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

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

A diversion within the Pinelands Area portion of 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 K(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection K(4) below.

Within the Pinelands Area portion of 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 meet the criteria and standards set forth at Subsection K(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

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

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

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

[a]

Be approximately the same depth as the existing well;

[b]

Divert from the same aquifer as the existing well;

[c]

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

[d]

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

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

[3]

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

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; and Military and Federal Installation Area.

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

(e)

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

(f)

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

Prohibited chemicals and materials.

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

Septic tank cleaners; and

Waste oil.

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

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

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.

§ 225-50.11 Wetlands.

[Amended 7-14-1993 by Ord. No. 30-1993]

Wetlands are those areas where the substrate is inundated or saturated by surface or groundwater at a frequency, magnitude and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions known as "hydrophytes." Wetlands include lands with poorly drained or very poorly drained soils with seasonal high water tables of one foot or less from the surface, as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Egg Harbor Township has both a coastal wetlands and an inland wetlands classification, including submerged lands. Specific wetland types are described in N.J.A.C. 7:50-6.4 and 6.5.

Prohibited development. Development shall be prohibited in all wetlands and wetlands transition areas within the Township except as otherwise specified in this section.

Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.51 through 7:50-6.54.

Beekeeping shall be permitted in all wetlands.

Forestry shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.41 through 7:50-6.48.

[Amended 6-20-2012 by Ord. No. 27-2012]

Fish and wildlife management and wetlands management shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.10.

[Amended 6-20-2012 by Ord. No. 27-2012]

Hunting, fishing, trapping, hiking, boating, swimming and other similar low-intensity recreational uses shall be permitted in all wetlands, provided that such uses do not involve any structure other than those authorized in § 225-50.11B.

Water-dependent recreational facilities.

Docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact as set forth in § 225-50.11E below and conforms to all state and federal regulations.

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

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

The development conforms with all state and federal regulations; and

The development will not result in a significant adverse impact as set forth in § 225-50.11E below.

Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities shall be permitted in wetlands, provided that:

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

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

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

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

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

No development, except for those uses which are specifically authorized in this section, shall be permitted within any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in § 225-50.11E below.

Significant adverse impact. 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. Determinations of significant adverse impact shall consider the cumulative modifications of a wetland due to development proposed and any other existing or potential development which may affect the wetland. For the purpose of determining a significant adverse impact on wetlands, the following standards shall be used:

An increase in surface water runoff discharging into a wetland;

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

An alteration of the water table in the wetland;

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

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

A loss of wetland habitat;

§ 225-50.12 Motor vehicle screening and storage.

A reduction in wetland habitat diversity;

(8)

A change in wetland species composition; or

(9)

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

[Added 7-14-1993 by Ord. No. 30-1993; amended 5-15-1996 by Ord. No. 12-1996]

Where the keeping or storing of any motor vehicle, junk automobile or junk automobile body is permitted pursuant to Chapter 211 of the Township Code, all such vehicles either kept or stored shall have the gas and radiators drained and shall be adequately screened from adjacent residential uses and scenic corridors. This section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

§ 225-50.13 Minimum lot size in Pinelands Area.

[Added 7-14-1993 by Ord. No. 30-1993]

No residential dwelling unit or nonresidential use shall be located on a lot of less than 40,000 square feet in size, excluding road rights-of-way, unless served by a centralized wastewater treatment plant.

Notwithstanding the requirements of § 225-50.13A above, an application for residential development not served by a centralized wastewater treatment plant on lots between 32,000 square feet and 40,000 square feet in size, excluding road rights-of-way, in the RG-2 District may be considered without the necessity for a municipal lot size or density variance, provided that a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq. This subsection shall also apply to residential development on lots between 20,000 square feet and 40,000 square feet in size, excluding road rights-of-way, in the RG-3, RG-4 and RG-5 Districts.

[Amended 3-24-2004 by Ord. No. 14-2004]

Notwithstanding the requirements of § 225-50.13A and B, no residential dwelling unit or nonresidential use shall be located on a lot with less than 100 feet of lot width, unless served by a centralized wastewater treatment plant.

[Added 6-8-1994 by Ord. No. 25-1994; amended 9-13-1995 by Ord. No. 18-1995]

§ 225-51 Substandard lots.

Notwithstanding any other minimum lot area provision in this chapter, the owner of a parcel of land of an acre or more in the Pinelands Area shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.

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

[1]Lots in subdivisions which obtained approval from the Pinelands Commission pursuant to the Interim Rules and Regulations, meet the standards of N.J.A.C. 7:50-4.1(b)4 and for which a completed application for a local construction permit was submitted prior to December 31, 1996, shall be exempt from the lot size requirements of this chapter.

[Added 12-23-1996 by Ord. No. 44-1996; amended 2-12-1997 by Ord. No. 2-1997]

§ 225-52 Pinelands development credits.

Editor's Note: Ordinance No. 7-1997, adopted 32-6-1997, added a new § 225-51B, which contained an exemption from density limitations for certain properties; this was repealed 3-25-1998 by Ord. No. 10-1998.

Residential use density shall be increased in accordance with Subsection B hereof, §§ 225-44E, 225-45E, 225-46E, 225-47E, 225-48E and 225-49Y of this chapter and N.J.A.C. 7:50-5.41 to 5.47 through the applicant's proof of ownership of Pinelands development credits.

[Amended 7-14-1993 by Ord. No. 30-1993; 9-12-2012 by Ord. No. 37-2012]

A bonus of one residential unit shall be yielded for every 0.25 of a Pinelands development credit redeemed. In no event shall the number of residential units to be constructed exceed that which is permitted pursuant to the density per acre with Pinelands development credits.

Pinelands development credits may be used in the Township in the following manner:

[Amended 7-14-1993 by Ord. No. 30-1993]

To permit development of parcels of land in the RG-1, RG-2, RG-3, RG-4, RG-5 and AH-RG-4 Zones according to the density and lot area requirements set forth in §§ 225-44E, 225-45E, 225-46E, 225-47E, 225-48E and 225-49Y of this chapter;

[Amended 3-24-2004 by Ord. No. 14-2004; 9-12-2012 by Ord. No. 37-2012]

When a variance of density or minimum lot area requirements for the RG-1, RG-2, RG-3, RG-4 or RG-5 Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units in excess of that otherwise permitted without the variance.

[Amended 3-24-2004 by Ord. No. 14-2004]

When a variance or other approval for a residential use in the HB, CB, M-1, RB, NB, RP, PO-1 or PO-2 Zones is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size.

[Amended 5-23-2001 by Ord. No. 17-2001]

When a variance or other approval for a nonresidential use not otherwise permitted in the RG-1, RG-2, RG-3, RG-4, RG-5 or AH-RG-4 Zone is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

[Amended 5-23-2001 by Ord. No. 17-2001; 3-24-2004 by Ord. No. 14-2004; 9-12-2012 by Ord. No. 37-2012]

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the Pinelands development credits were obtained.

[Added 7-14-1993 by Ord. No. 30-1993]

Such deed restriction shall specify the number of Pinelands development credits sold and that the property from which the credits are sold may only be used in perpetuity for the uses permitted by N.J.A.C. 7:50-5.47.

[Added 7-14-1993 by Ord. No. 30-1993]

No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 225-53.4 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval or, if no such approval is required, prior to the issuance of any construction permits.

[Added 7-14-1993 by Ord. No. 30-1993; amended 6-25-1997 by Ord. No. 25-1997; 5-23-2001 by Ord. No. 17-2001]

In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township.

[Added 7-14-1993 by Ord. No. 30-1993]

Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Added 7-14-1993 by Ord. No. 30-1993]

§ 225-53 (Reserved) [1]