A.
For the purposes of this chapter, the Township of
Pittsgrove is hereby divided into districts as follows:
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C
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Conservation
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A
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Agricultural
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RR
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Rural Residence
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R-1
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Residential
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R-2
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Residential
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R-3
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Residential
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R-4
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Residential
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B-1
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Neighborhood Business
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HB-40
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Highway Business Route 40
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HB-56
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Highway Business Route 56
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PHB
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Planned Highway Business
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MC-1
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Industrial/Commercial
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P
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Public
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A.
The boundaries of these zoning districts are established
on the map entitled "Zone Map, Township of Pittsgrove," prepared by
Fralinger Engineering, dated March 2002, or as may subsequently amended.
Said map and all notations, references and dates pertaining to zoning
and zoning districts shown thereon are hereby incorporated by reference
into this chapter as if they were fully described therein.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Township offices.
B.
Interpretation. Where uncertainty exists as to that
exact location of any boundary shown on said Zone Map, the following
rules shall apply:
(1)
Zoning boundary lines are intended to follow the center
line of streets, or railroad rights-of-way, or streams and lot property
lines as they exist on plats of record or the Township Tax Maps at
the time of passage of this chapter unless such zone boundary lines
are fixed by dimensions as shown on the Zone Map. Where zoning boundaries
do not follow such features, it shall be determined either by the
dimensions shown on the map or by use of the graphic scale thereon.
(2)
Where boundary lines are not fixed by dimensions and
where they do not scale more than 10 feet distant from a plat or Tax
Map line, such lot lines shall be considered to be the boundary line.
(4)
Boundary tolerances. Where a district boundary line
divides a lot held in single and separate ownership at the effective
date of this chapter, the use regulations applicable to the less restricted
district shall extend over the portion of the lot in the more restricted
district a distance of not more than 50 feet beyond the district boundary
line.
District regulations, as set forth in the Pittsgrove
Township Development Regulations Ordinance Schedule of District Regulations
and in specified supplementary sections, are hereby adopted by reference
and declared to be a part of this chapter. Where a lot straddles a
municipal boundary line, all minimum lot sizes and minimum yard dimension
requirements must be met by that portion of the lot within Pittsgrove
Township.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
Notwithstanding the minimum yard dimensions and setback requirements as contained in the Schedule of District Regulations, no permanent structure shall be located closer than 200 feet to the center line of any stream. A stream is defined for the purposes of this section as a watercourse having a source and terminus, banks, and channel through which waters flow at least periodically and either as shown on United States Geological Survey maps encompassing the areas of Pittsgrove Township or identified as such during development review. For purposes of this section, structure shall include any related on-site septic systems and their disposal beds. It is the intent of this requirement to protect streams and their attendant adjacent lands from development and thereby reduce the negative impacts development has on both surface and groundwater quality. An application to deviate from this requirement shall be treated as a variance from setback requirements as provided for in § 60-10G.
[Added 12-28-2004 by Ord. No. 2004-11]
A.
Purpose. The intent of this section is to protect
the soils of the Township and to determine whether there is reasonable
need for either the disturbance for removal from or the placement
or depositing of soils on premises within the Township so as to:
(1)
Prevent the loss of valuable soils which is not deemed
necessary for the use of said premises;
(2)
Prevent the degradation of sensitive eco systems and
the natural landscape;
(3)
Insure that the proposed soil movement is necessary
for permitted development activity and conforms to good planning principles
and standards including the provisions of this chapter and the adopted
Township Master Plan;
(4)
Protect both ground and surface water supplies;
(5)
Encourage the use of the natural topography as much
as possible, regulating the type of material used for development
activity to assure environmental compatibility and impacts of materials
used which are foreign to the premises involved; and
(6)
Promote good development design which minimizes the
amount of soil disturbance and removal and/or replacement.
B.
Applicability.
(1)
The requirements of this section shall apply to all
development activity wherein the excavation of soil for removal from
or for the transport for disposition or placement of soil onto premises
from off site wherein the total sum of all soil to be removed, placed
or deposited on any premises is proposed and said soil removal or
placement equals 700 or more cubic yards. For purposes of this section,
the movement of 700 or more cubic yards of soils to or from premises
shall be deemed to be subject to the provisions of this section. This
section shall not apply to bona fide agricultural activity on a farm
carried out in connection with soil conservation programs, provided
that said activity does not involve removal from the premises of such
farm of soil equaling 700 or more cubic yards and provided said activity
is done under a plan approved by the Salem County Soil Conservation
District. Additionally, the placement of soils for agricultural purposes
onto the premises of a farm shall be permitted to the extent permitted
by federal, state or local laws and/or regulations.
(2)
Obtaining Township approval for the removal of soils is a two-step process which involves Land Use Board approval of the reason for said soil removal in accordance with the provisions of the Township's Development Regulations Ordinance for the land use activity involved; and the granting of a permit by the Township Committee for the movement of the soils within the Township as stipulated in Chapter 80 entitled "Soils Movement Permit." Applicants for approval of soil movement shall be familiar with the requirements of this section and Chapter 80, regarding the soil movement permit.
C.
All applications for development which propose the
transport to or from a premises of 700 or more cubic yards of soil
shall only be allowed subject to the following criteria and standards:
(1)
The important natural features of the premises involved
shall be preserved in the design of the development. Natural features
which shall be protected, including the natural terrain, wetlands,
wooded areas, scenic vistas, natural drainageways and bodies of water.
A development proposing soil removal or placement shall only be permitted
to significantly alter or encroach existing natural features of the
premises if the Land Use Board finds that such alteration, disturbance,
movement or placement of soils is the minimum necessary to allow the
use of the land for the intended permitted purpose and that there
is no alternative to the development design which would eliminate
or mitigate any adverse impact on the soils and their natural features.
Where such alternative(s) exists, they shall be utilized to reduce
the need for the proposed soil removal or disposition or placement.
"Significantly alter or encroach existing natural features" shall
be deemed to be the removal or placement of soils involving 700 or
more cubic yards.
(2)
No soil that is to be transported to or from a subject
premises shall be permitted unless in accordance with a submitted
plan approved by the Land Use Board during the application proceedings
for said proposed development and proposed in compliance with an approved
soil erosion and sedimentation plan approved by the Salem County Soil
Conservation District. In all cases, the burden of proof will be on
the applicant that approvals from all outside agencies having regulatory
control over such soil movement have been obtained and will be complied
with by said applicant prior to authorization being granted under
the provisions of this ordinance. In the event that the soil erosion
and sedimentation plan for the land development proposing soil movement
is not yet submitted to or approved by the Salem County Soil Conservation
District, any Land Use Board approval under the provisions of this
section shall be conditioned to said Soil Conservation District approved
plan being submitted to the Township Committee at the time the soil
removal permit is applied for by the applicant and prior to the authorization
of the issuance of any permit.
(3)
All soils to be disturbed and/or excavated for removal
from and/or all soils to be transported from off site for placement
onto any premises within the Township shall be found to be necessary
based on the submitted application for development and be determined
justified and reasonable by the Land Use Board as the minimum required
to permit the proposed development. The fact that valuable or salable
soils are discovered to be located on the premises shall not be deemed
to justify removal of said soils from the site. It is the intent of
this section that soil removal from or soil placement onto premises
only be authorized where reasonably required for permitted land use
development to occur as provided herein this chapter.
(4)
All trees, stumps, brush and other vegetation removed
during soil excavation for movement from or placement onto premises
within the Township shall be removed on a monthly basis and shall
not be buried on the premises. All soil redistributed on the premises
or placed thereon shall be in accordance with approved development
plans, including provisions for protection of existing and newly planted
trees and plants, the premises' existing or natural and proposed drainage
design, and with consideration of adjoining properties and their topography,
proper drainage of land and visual considerations.
(5)
When it is determined by the Land Use Board, based
on the application for development submitted and including all plans
and reports submitted in support thereof, that insufficient amounts
of soils of whatever nature are on the subject premises to provide
required material for the proposed development, the Land Use Board
shall find and approve all of the following:
(a)
The type(s) of soil to be removed or transported
to the premises for placement, including a cut-and-fill analysis with
a fill description.
(b)
The assurances of soil quality, including documentation
of the quality of any fill shall be provided by a certification stating
that it is acceptable material under this section from a commercial
or noncommercial source.
[1]
In approving any soils for transport to a development
premises the Land Use Board may recommend to the Township Committee
that any permit issued for soils transport require appropriate certification
of soils so transported to the site be provided at time of delivery.
[2]
No contaminated soil, dry industrial waste,
hazardous soil or recycled soils are to be transported to the premises.
Neither shall these types of fill or soil be removed from a site except
in a manner appropriate with all regulatory controls dealing with
such material being met. In some cases and where found appropriate
given the need and suitability of the material for said need, the
Land Use Board may permit the beneficial use of soils and/or nonhazardous
soils such as dry industrial waste and soils that contain contaminants
below regulatory concern.
(c)
No hazardous, contaminated or recycled soils
or any material other than clean fill are on the premises involved
and that no such soils or other clean fill are to be transported to
the site.
(d)
The total amount of required soils to be transported
to or from the premises involved.
(e)
The method and plan for disposition of soils
transported to the premises involved.
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The Land Use Board may accept the certification(s)
provided by the applicant or may, in its discretion, obtain its own
certification(s), which cost shall be paid by the applicant.
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(6)
No slope along the perimeter of any excavation area
shall exceed one foot vertical to five feet horizontal, unless specifically
permitted by the Land Use Board as part of the development approval.
(7)
The provisions of § 60-42BB(12) shall apply.
(8)
Any approval of a development application which involves the transport to or from the premises of 700 or more cubic yards of soils shall require that the applicant obtain a permit for said soil transport from the Township Committee of the Township of Pittsgrove in accordance with the provisions of Chapter 80.
D.
Approval procedure. An application for development which involves the transport of soil to or from the premises of the proposed development shall be deemed "subdivision" if new lots are to be created and reviewed and, in all other cases, as a "major site plan" and shall be subject to the provisions of either § 60-20A or B, as applicable according to this chapter. The Land Use Board in considering and reviewing the application for the transport to or from the proposed development premises shall take into consideration the reports and evidence submitted with the application and/or presented during any required public hearing on the application as well as the following considerations or factors:
(1)
Existing or proposed drainage or sewerage problems
at the site or within a reasonable proximity to the site involved.
(2)
Soil fertility, characteristics and suitability for
the land use development proposed, such as where such soils are to
be removed from of where they are to be placed and why.
(3)
Lateral support slopes and grades of abutting roads
and lands.
(4)
The impact of said soil removal or placement operations
or activities upon adjoining properties, streams and bodies of water,
the adopted Township Master Plan, the provisions of this chapter,
and the necessity of such soil removal or placement in connection
with the development, design and site characteristics, including all
zoning and land use regulations pertaining thereto.
(5)
The topography of the premises involved as well as
adjoining properties and the impact of such activities upon same,
including visual impacts resulting from said soil placement, if any.
(6)
Any adverse impacts on the natural environment on
and within 500 feet of the subject premises and how they are to be
mitigated.
(Reserved)
