[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
A. 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:
(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.
(5)
Prescribed burning and the clearing and maintaining
of fire breaks.
B. 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]
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 15th
day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection
D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection
C above or disapprove any application which does not meet the requirements of Subsection
C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection
D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection
C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection
D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection
D(3) and
(4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(6)
In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in §§
225-53.4 through
225-53.7.
(7)
Forestry permits shall be valid for a period
of 10 years. Nothing in this section shall be construed to prohibit
any person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
E. Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection
D(3) above, the applicant shall be required to pay 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.
F. Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
[Amended 7-14-1993 by Ord. No. 30-1993]
A. Authority to issue certificates of appropriateness.
(1)
The Planning Board shall issue all certificates of appropriateness except as specified in §
225-50.6A(2) below.
(2)
The Board of Adjustment shall issue certificates
of appropriateness for those applications for development which it
is otherwise empowered to review.
B. Certificates of appropriateness shall be required
for the following:
(1)
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
(2)
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.
C. Applications for certificates of appropriateness shall
include the information specified in N.J.A.C. 7:50-6.156(b).
D. 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]
(1)
This requirement for a survey may be waived
by the local approval 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 §
225-50.6D(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 associates
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.
E. 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.
F. 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 §
225-50.6F(2) below.
(2)
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]
G. 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:
(1)
A narrative description of the resource and
its cultural environment;
(2)
Photographic documentation to record the exterior
appearance of buildings, structures and engineering resources;
(3)
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources; and
(4)
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.
H. 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).
Refer to Chapter
189 of the Code of the Township of Egg Harbor.
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.
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
A. 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.
B. 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.
C. Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
(1)
Avoid wooded areas, including New Jersey's Record
Trees as published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated.
(2)
Revegetate or landscape areas temporarily cleared
or disturbed during development activities.
D. 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.
E. 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:
(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.
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs
contain a predominance of shrubs and tree species not authorized by
N.J.A.C. 7:50-6-25;
(b)
For limited ornamental purposes around buildings
and other structures; or
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
[Amended 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.
A. Prohibited development. Development shall be prohibited
in all wetlands and wetlands transition areas within the Township
except as otherwise specified in this section.
(1)
Horticulture of native Pinelands species and
berry agriculture shall be permitted in all wetlands subject to the
requirements of N.J.A.C. 7:50-6.51 through 7:50-6.54.
(2)
Beekeeping shall be permitted in all wetlands.
(3)
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]
(4)
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]
(5)
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.
B. Water-dependent recreational facilities.
(1)
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.
(2)
Commercial or public docks, piers, moorings
and boat launches shall be permitted, provided that:
(a)
There is a demonstrated need for the facility
that cannot be met by existing facilities;
(b)
The development conforms with all state and
federal regulations; and
(c)
The development will not result in a significant adverse impact as set forth in §
225-50.11E below.
C. Bridges, roads, trails and utility transmission and
distribution facilities and other similar linear facilities shall
be permitted in wetlands, provided that:
(1)
There is no feasible alternative route for the
facility that does not involve development in a wetland or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist;
(2)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof;
(3)
The use represents a need which overrides the
importance of protecting the wetland;
(4)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland;
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.
D. 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.
E. 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:
(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 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.
[Added 7-14-1993 by Ord. No. 30-1993]
A. 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.
B. 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]
C. 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]