Barnegat, NJ Zoning Ordinance

DIVISION 1: PINELANDS — WEST OF PARKWAY

§ 55-291 WATER QUALITY.

[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 12-16-1996 by Ord. No. 1996-60 §§ 36—41]

General.

(1)

All development permitted under this chapter shall be designed and carried out so that the quality of surface and ground water will be protected and maintained.

(2)

Except as specifically authorized in this section, no development which degrades surface or ground water quality or which established new point sources of pollution shall be permitted.

(3)

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

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

(1)

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

(a)

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

(b)

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

(c)

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

(d)

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

(2)

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

(a)

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

(b)

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

(c)

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

(d)

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

(3)

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

(a)

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

(b)

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

(c)

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

(4)

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

(a)

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

(b)

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Paragraph (4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to § 55-41A or 55-42A(2).

[Amended 7-16-01 by Ord. No. 2001-29]

(c)

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, 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;

(d)

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

(e)

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

(f)

The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;

(g)

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

(h)

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

(5)

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

(a)

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

(b)

If the proposed development is nonresidential, it is located:

[Amended 3-5-2019 by Ord. No. 2019-4]

[1]

In a Pinelands Regional Growth Area or Pinelands Village; or

[2]

In the Pinelands Forest Area, provided that the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

(c)

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater 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 Paragraph (4)(c) below 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 § 55-41A or 55-42A(2).

[Amended 7-16-01 by Ord. No. 2001-29]

(6)

Surface water runoff, provided that the requirements of Section 55-330 are met.

[Amended 3-7-2023 by Ord. No. 2023-8]

(7)

Alternate design pilot program treatment systems, provided that:

[Added 10-6-03 by Ord. No. 2003-33]

(a)

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

(b)

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection 7(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 55-9E or 55-10A(3);

(c)

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

[Amended 3-5-2019 by Ord. No. 2019-4]

(k)

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

[Amended 3-5-2019 by Ord. No. 2019-4[1]]

[1]

Editor's Note: This ordinance also provided for the repeal of former Subsection B(7)(l), regarding installation after August 2007, which immediately followed.

Maintenance of On-Site Wastewater Disposal Systems and Petroleum Tanks.

(1)

When adequate septage treatment facilities are available to residents of the Pinelands Area within Barnegat Township, the owner of every on-site septic wastewater treatment facility in the Pinelands Area shall:

(a)

Have the facility inspected by a technician at least once every three (3) years.

(b)

Have the facility cleaned at least once every three (3) years.

(c)

Once every three (3) years submit to the Township Health Department a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.

(2)

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

Regulation of Chemicals.

(1)

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

(a)

Septic tank cleaners.

(b)

Waste oil.

(2)

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

(3)

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

Water management.

[Amended 6-6-2024 by Ord. No. 2024-8]

(1)

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

(2)

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

(a)

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

(b)

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

(3)

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

(4)

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

(a)

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

(b)

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

[1]

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;

[2]

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

[3]

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

(c)

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area.

(d)

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.

§ 55-292 FORESTRY.

[Amended 6-5-89 by Ord. No. 1989-14; 12-16-1996 by Ord. No. 1996-60 § 42]

Permit Required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(1)

Normal and customary forestry practices on residentially improved parcels of land that are five (5) acres or less in size;

(2)

Tree harvesting, provided that no more than one (1) cord of wood per five (5) acres of land is harvested in any one (1) year that no more than five (5) cords of wood are harvested from the entire parcel in any one (1) year;

(3)

Tree planting, provided that the area to be planted does not exceed five (5) acres in any one (1) 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 (5) acres in any one (1) year; and

(5)

Prescribed burning and the clearing and maintaining of fire breaks.

Forestry Application Requirements. The information in paragraphs (1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

[Amended 7-16-01 by Ord. No. 2011-14; 9-6-11 by Ord. No. 2011-14]

(1)

For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(2)

For all other forestry applications:

(a)

The applicant's name and address and his interest in the subject parcel;

(b)

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

(c)

The description, including block and lot designation and street address, if any, of the subject parcel;

(d)

A description of all existing uses of the subject parcel;

(e)

A brief written statement generally describing the proposed forestry operation;

(f)

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;

(g)

A forestry management plan that includes, as appropriate:

[1]

A cover page for the plan containing:

[a]

The name, mailing address and telephone number of the owner of the subject parcel;

[b]

The municipality and county in which the subject parcel is located;

[c]

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

[d]

The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[e]

The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;

[2]

A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short-term (five (5) years) and long-term twenty ((20) years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;

[3]

A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands Native Forest Types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:

[a]

The number of acres;

[b]

The general condition and quality of each stand;

[c]

The overall site quality, relative to the management goals and objectives identified in paragraph (g)[2] above;

[d]

An inventory and map of Pinelands Native Forest Types with Native Forest Types broken into "stands," including information on type, size and volume by species;

[e]

The age of representative trees;

[f]

The species composition, including overstory, understory, ground layer structure and composition;

[g]

The stand cohort composition;

[h]

The percent cover;

[i]

The basal area;

[j]

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

[k]

The condition and species composition of advanced regeneration when applicable;

[l]

A stocking table showing the stocking levels, growth rates and volume;

[m]

Projections of intended future stand characteristics at 10-, 20-, and 40-year intervals;

[n]

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

(i)

Stand improvement practices;

(ii)

Site preparation practices;

(iii)

Harvesting practices;

(iv)

Regeneration and reforestation practices;

(v)

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

(vi)

Herbicide treatments;

(vii)

Silvicultural treatment alternatives;

(viii)

If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;

(ix)

Implementation instructions; and

(x)

Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and

[o]

A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and

[4]

A map of the entire parcel which includes the following:

[a]

The owner's name, address and the date the map was prepared;

[b]

An arrow designating the north direction;

[c]

A scale which is not smaller than one (1) inch equals two thousand (2,000) feet or larger than one (1) inch equals four hundred (400) feet;

[d]

The location of all property lines;

[e]

A delineation of the physical features such as roads, streams and structures;

[f]

The identification of soil types (a separate map may be used for this purpose);

[g]

A map inset showing the location of the parcel in relation to the local area;

[h]

Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one (1) inch equals two thousand (2,000) feet or larger than one (1) inch equals four hundred (400) feet, and shall be appropriately keyed to the property map; and

[i]

A legend defining the symbols appearing on the map.

(h)

A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 55-295E and 55-299B(1);

(i)

A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 55-301;

(j)

A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below;

(k)

A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

(l)

Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in paragraph C below; and

(m)

A Certificate of Filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

(n)

When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 55-277E.

Forestry Standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:

[Amended 9-6-11 by Ord. No. 2011-14]

(1)

All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;

(2)

Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

(3)

The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:

(a)

Clear-cutting cedar and managing slash;

(b)

Controlling competition by other plant species;

(c)

Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

(d)

Utilizing existing streams as cutting boundaries, where practical;

(e)

Harvesting during dry periods or when the ground is frozen; and

(f)

Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.

(4)

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 55-295E and 55-299B(1). The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix 1 - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

(5)

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;

(6)

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 55-301;

(7)

A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least twenty-five (25) feet in width. Where soils are severely erodible, slopes exceed ten percent (10%) or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of seventy (70) feet to buffer the water body from adjacent forestry activities;

(8)

Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:

(a)

Minimize changes to surface and ground- water hydrology;

(b)

Minimize changes to temperature and other existing surface water quality and conditions;

(c)

Prevent unnecessary soil erosion, siltation and sedimentation; and

(d)

Minimize unnecessary disturbances to aquatic and forest habitats.

(9)

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

(a)

In areas with slopes of greater than ten percent (10%), an undisturbed buffer strip of at least twenty-five (25) feet in width shall be maintained along roads during site preparation to catch soil particles;

(b)

Herbicide treatments shall be permitted, provided that:

[1]

The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to paragraph B(2)(j) above;

[2]

Control of competitive plant species is clearly necessary;

[3]

Control of competitive plant species by other, nonchemical means is not practical;

[4]

All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant State and Federal requirements; and

[5]

In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;

(c)

Broadcast scarification and mechanical weeding shall be permitted in all Pinelands Native Forest Types;

(d)

Disking shall be permitted, provided that:

[1]

It shall not be permitted in Pine Plains Native Forest Types;

[2]

Disking shall only be permitted in Pine-Shrub Oak Native Forest Types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:

[a]

Disking may occur one (1) time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one (1) time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and

[b]

Only single-pass disking, which penetrates the soil no deeper than six (6) inches, shall be permitted.

[3]

It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[4]

It shall follow land contours when slopes are discernible;

(e)

Root raking shall be permitted, provided that:

[1]

It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;

[2]

When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3]

Root raking debris shall not be piled in wetlands;

(f)

Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands Native Forest Types; and

(g)

Drum chopping shall be permitted, provided that:

[1]

It shall not be permitted in Pine Plains Native Forest Types except to create road shoulder fuelbreaks, which shall be limited to twenty-five (25) feet in width, or to create scattered early successional habitats under two (2) acres in size;

[2]

It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and

[3]

It shall adhere to the following procedures:

[a]

No more than two (2) passes shall be permitted except to create scattered early successional habitats under two (2) acres in size;

[b]

Drums shall remain unfilled when used during the dormant season;

[c]

Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;

[d]

Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and

[e]

Avoid short-radius, 180-degree turns at the end of each straight pass.

(10)

The following standards shall apply to silvicultural practices for harvesting:

(a)

Clear-cutting shall be permitted, provided that:

[1]

It shall not be permitted in Pine Plains Native Forest Types;

[2]

It shall be limited to three hundred (300) acres or five percent (5%) of a parcel, whichever is greater, during any permit period;

[3]

A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clear-cut and the parcel boundaries;

[4]

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger clear-cut from other 25-acre or larger clear-cut, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two (2) 25-acre harvests shall be fifty (50) feet in width and, for a larger harvest, shall increase in width by one (1) foot for each acre of that harvest above twenty-five (25), to a maximum of three hundred (300) feet in width;

[5]

Where present on a parcel, a minimum of eighteen (18) dead snags per acre of at least ten (10) inches diameter breast height (DBH) and six (6) feet in height shall be left on the parcel for a minimum of five (5) years; and

[6]

The area of the parcel subject to the clear-cut shall have contoured edges unless the boundary of the clear-cut serves as a firebreak in which case straight edges may be used;

(b)

Coppicing shall be permitted in all Pinelands Native Forest Types, provided that:

[1]

It shall be limited to five hundred (500) acres in size or ten percent (10%) of a parcel, whichever is greater, during any permit period;

[2]

A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;

[3]

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger coppice cut from other 25-acre or larger clear-cut, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two (2) 25-acre harvests shall be fifty (50) feet in width and, for a larger harvest, shall increase in width by one (1) foot for each acre of that harvest above twenty-five (25), to a maximum of three hundred (300) feet in width;

[4]

Where present on a parcel, a minimum of eighteen (18) dead snags per acre of at least ten (10) inches DBH and six (6) feet in height shall be left on the parcel for a minimum of five (5) years; and

[5]

The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;

(c)

Seed tree cutting shall be permitted in all Pinelands Native Forest Types, provided that:

[1]

It shall be limited to five hundred (500) acres in size or ten percent (10%) of a parcel, whichever is greater, during any permit period;

[2]

A 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;

[3]

A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger seed tree cut from other 25-acre or larger clear-cut, coppice cuts and seed tree cuts that occur within a 15-year period. The buffer strip separating two (2) 25-acre harvests shall be fifty (50) feet in width and, for a larger harvest, shall increase in width by one (1) foot for each acre of that harvest above twenty-five (25), to a maximum of three hundred (300) feet in width;

[4]

Where present on a parcel, a minimum of eighteen (18) dead snags per acre of at least ten (10) inches DBH and six (6) feet in height shall be left on the parcel for a minimum of five (5) years;

[5]

The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;

[6]

Dominant residual seed trees shall be retained at a distribution of at least seven (7) trees per acre; and

[7]

Residual seed trees shall be distributed evenly throughout the parcel; and

(d)

Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands Native Forest Types.

(11)

The following standards shall apply to silvicultural practices for forest regeneration:

(a)

Natural regeneration shall be permitted in all Pinelands Native Forest Types and shall be required in the Pine Plains Native Forest Type, except as provided in paragraph (11)(b) below; and

(b)

Artificial regeneration shall be permitted in all Pinelands Native Forest Types provided that:

[1]

The use of non-native cuttings, seed-lings or seeds shall not be permitted;

[2]

The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;

[3]

Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and

[4]

When used in Pine Plains Native Forest Types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.

(12)

Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

(13)

Thinning shall be permitted in all Pinelands Native Forest Types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.

(14)

A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

Forestry Permit Procedures.

(1)

Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of twenty-five ($25.00) dollars.

(2)

Within fourteen (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 fourteen (14) days, the application shall be considered to be complete as of the fifteenth (15th) day following its submission.

(3)

Within forty-five (45) days of determining an application to be complete pursuant to paragraph 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 paragraph C above or disapprove any application which does not meet the requirements of paragraph 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 paragraph D(3) above, the applicant shall have thirty (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 paragraph C above and shall, within fourteen (14) days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to paragraph D(3) above.

(5)

Failure of the Zoning Officer to act within the time period prescribed in paragraphs 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 § 55-277.

(7)

Forestry permits shall be valid for a period of ten (10) years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section and the Pinelands Comprehensive Management Plan are met.

Administrative Fees. Upon the issuance of a forestry permit pursuant to paragraph D(3) above, the applicant shall be required to pay a sum of two hundred fifty ($250.00) dollars which shall serve as a reimbursement for any administrative costs incurred by the municipality during the ten (10) year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

[Amended 7-16-01 by Ord. No. 2001-29]

Notification of Harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer within seventy-two (72) hours written notice of the intention to begin harvesting operations.

§ 55-293 RESOURCE EXTRACTION.

[Amended 6-5-89 by Ord. No. 1989-14; 8-2-93 by Ord. No. 1993-29]

Resource extraction activities permitted in the Pinelands Area under this chapter shall be subject to the following application requirements and standards, in addition to the requirements of Chapter 65A. Where the standards differ, the stricter regulations shall apply. Except as otherwise authorized in this chapter the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.

Application Requirements. Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information:

(1)

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

(2)

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

(3)

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

(4)

A description of all existing uses of the subject property;

(5)

A brief written statement generally describing the proposed development;

(6)

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;

(7)

A topographic map at a scale of one (1) inch equals two hundred (200) feet, showing the proposed dimensions, location and operations on the subject property;

(8)

The location, size and intended use of all buildings;

(9)

The location of all points of ingress and egress;

(10)

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

(11)

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

(12)

A soils map;

(13)

A reclamation plan which includes;

(a)

Method of stockpiling topsoil and overburden;

(b)

Proposed grading and final elevations;

(c)

Topsoil material application and preparation;

(d)

Type, quantity and age of vegetation to be used;

(e)

Fertilizer application including method and rates;

(f)

Planting method and schedules; and

(g)

Maintenance requirements schedule;

(14)

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

(15)

A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 7:50-6.69 in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the three (3) year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township of Barnegat as the obligee, shall be posted by the property owner or his agent with the Township of Barnegat;

(16)

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

(17)

When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to § 55-277E.

(18)

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

[Added 6-6-2024 by Ord. No. 2024-8]

Resource Extraction Standards. Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed operation:

(1)

Is designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than:

(a)

Two hundred (200) feet to any property line.

(b)

Five hundred (500) feet to any residential or nonresource extraction related commercial use which is in existence on the date the permit is issued.

(2)

Is to be located on a parcel of land of at least twenty (20) acres.

(3)

Provides that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.

(4)

Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.

(5)

Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.

(6)

Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to ground water.

(7)

Will not involve excavation below the seasonal high water table unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the area in which the site is located; provided that in no case shall excavation have a depth exceeding sixty-five (65) feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than sixty-five (65) feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.

(8)

Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that, each twenty (20) acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty (20) acre unit from being worked at any one (1) time, provided that there is a demonstrated need for time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in paragraph B(10) below.

(9)

Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of paragraph C of this section and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance in accordance with Section 55-123 of this chapter.

[Amended 7-16-01 by Ord. No. 2001-29]

(10)

Will not involve clearing adjacent to ponds in excess of twenty (20) acres or an area necessary to complete schedule operations; or will not involve unreclaimed clearing exceeding one hundred (100) acres or fifty percent (50%) of the area to be mined, whichever is less, for surface excavation at any time.

(11)

Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.

Restoration Standards. All parcels of land which are used for resource extraction operations shall be restored as follows, except where other Township ordinances have more restrictive standards, those other standards shall apply:

(1)

Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two (2) years and tree cover established within three (3) years after resource extraction is completed for each portion of the site mined.

(2)

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in paragraph B(8).

(3)

All restored areas shall be graded so as to conform to the natural contours of parcel to the maximum extent practical; grading techniques that help to control erosion and foster re-vegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one (1) foot vertical to three (3) feet horizontal except as provided in paragraph C(6) below.

(4)

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.

(5)

Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.

(6)

Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to exceed one (1) foot vertical to five (5) feet horizontal to one (1) foot vertical. This requirement shall apply to any water body or portion of water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.

(7)

All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six (6) months after the resource extraction operation is terminated and restoration is completed.

(8)

Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:

(a)

Stabilization of exposed areas by establishing ground cover vegetation.

(b)

Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one (1) of the following:

[1]

The planting of a minimum of one thousand (1,000) one (1) year old pitch pine seedlings or other nature native Pinelands tree species per acre in a random pattern;

[2]

Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;

[3]

A combination of the planting techniques set forth in [1] and [2] above; or

[4]

The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.

(9)

Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.

(10)

The letter of credit, surety bond or other guarantee of performance which secures restoration of each section shall be released after the Township of Barnegat has determined that the requirements of paragraphs C(1) through (9) above are being met and the guarantee of performance is replaced with maintenance guarantee for a period of two (2) years thereafter.

Time Limit on Permits. Permits authorizing resource extraction shall be approved for a maximum period of three (3) years provided that the applicant complies with the requirements of paragraphs B. and C above and paragraph F below.

[Amended 7-16-01 by Ord. No. 2001-29]

Existing Operations. Resource extraction operations that were in operation on August 8, 1980 may be continued in any portion of the Preservation Area Zone, provided that:

(1)

The operation was authorized by a valid registration certificate issued by the New Jersey Department of Labor and Industry under N.J.S.A. 34:6-98 4(h) prior to February 8, 1979; or the operation was exempt from registration requirements of the New Jersey Department of Labor and Industry and was authorized by and operating under a valid municipal permit prior to February 8, 1979.

(2)

The area of extraction is limited to the value given under the category "acreage to be mined" on the mine registration application submitted to the Department of Labor and Industry, or the municipal permit in the case of an operation permitted under paragraph (1) above.

(3)

The extractions activity meets the standards and requirements of this section.

Operators of all approved resource extraction operations shall, on a yearly basis, certify in writing and to the satisfaction of the Barnegat Township Planning Board and the Pinelands Commission that all mining and restoration activities have been and continue to be conducted in accordance with an approved extraction permits. In the event that the Planning Board and/or the Pinelands Commission determine that such any such activities deviate from the conditions of the approved permit, the operator shall immediately cease all mining activities until such time as the deviation is resolved for new extraction plans which reflect the deviation are submitted to and approved by the Township and reviewed by the Pinelands Commission in accordance with Article XVIII of this chapter.

§ 55-294 FIRE PROTECTION.

[Amended 4-3-89 by Ord. 1989-8; 6-5-89 by Ord. No. 1989-14]

In the Pinelands Area, the following standards for fire mitigation shall apply:

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

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

Fire Mitigation Standards. No application for development approval shall be granted in moderate, high and extreme fire hazard areas unless the applicant demonstrates that:

(1)

All proposed developments, or units or sections thereof, of twenty-five (25) dwelling units or more will have two (2) accessways of a width and surface composition sufficient to accommodate and support fire fighting equipment.

(2)

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

(3)

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

(4)

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:

(a)

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

[1]

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

[2]

All dead plant material is removed.

(b)

In high fire hazard areas a fuel break of seventy-five (75) feet measured outward from the structure in which:

[1]

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

[2]

All dead plant material is removed.

(c)

In extreme high hazard areas a fuel break of one hundred (100) feet measured outward from the structure in which:

[1]

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

[2]

No pine tree (Pinus spp.) is closer than twenty-five (25) feet to another pine tree.

[3]

All dead plant material is removed.

(5)

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

(a)

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

(b)

All dead plant material is removed.

(c)

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

(d)

There is a specific program for maintenance.

(6)

All structures will meet the following specifications:

(a)

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

(b)

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

(c)

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

(d)

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.

§ 55-295 VEGETATION, LANDSCAPING AND SCREENING.

[Amended 6-5-89 by Ord. No. 1989-14; 12-15-96 by Ord. No. 1996-60 § 49]

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:

(1)

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

(2)

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

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

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to paragraph C above or required pursuant to § 55-148C 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 associated with and adjacent to a proposed structure; and

(4)

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

(a)

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

(b)

For limited ornamental purposes around buildings and other structures; or

(c)

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

No development shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of those Pinelands threatened and endangered plants listed in N.J.A.C. 7:50-7.27.

Screening of Motor Vehicles.

(1)

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

(2)

Other screening requirements set forth in § 55B-162 and landscaping requirements in this section shall also apply.

Screening of Utility Structures. Above ground generating facilities, switching complexes, pumping stations, and substations shall be screened with vegetation from adjacent uses in accordance with this section and § 55-162, where applicable.

§ 55-296 SCENIC CORRIDORS.

[Amended 6-5-89 by Ord. No. 1989-14]

Scenic Corridors Defined. Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the PA, PI and PF Zones shall be considered scenic corridors.

[Amended 7-16-01 by Ord. No. 2001-29]

Setback Requirements.

(1)

Except as provided in this section, no permit shall be issued for development other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least two hundred (200) feet from the center line of the scenic corridor.

(2)

If compliance with the two hundred (200) foot setback is constrained by environmental or other physical considerations, such as wetland, or active agricultural operation, the building shall be set back as close to two hundred (200) feet as practical and the site shall be landscaped in accordance with the provisions of § 55-295 so as to provide screening from the corridor.

(3)

If an applicant demonstrates that existing development patterns of the corridor are such that buildings are set back less than two hundred (200) feet and within one thousand (1,000) feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 55-295 so as to provide screening between the building and the corridor.

(4)

The requirements of paragraphs B(1) through (3) above shall not apply to residential cluster developments in the PF District which comply with the standards of § 55-42E.

[Added 9-6-11 by Ord. No. 2011-14]

§ 55-297 AIR QUALITY.

[Amended 6-5-89 by Ord. No. 1989-14]

All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. 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. 7:27-18.3.11.

Applications for the following developments shall ensure that all State ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

(1)

Residential development of fifty (50) or more units and any other development involving more than one hundred (100) parking spaces located in a Regional Growth Area; and

(2)

Residential development of one hundred (100) or more units and any other development involving more than three hundred (300) parking spaces located in any other Pinelands Management Area.

§ 55-298 WETLANDS.

[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 4-5-93 by Ord. No. 1993-8]

Development shall be prohibited in all wetlands and wetlands transition areas in the Pinelands Area except as provided below:

Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of § 55-299. Beekeeping shall be permitted in all wetlands.

Forestry shall be permitted in all wetlands subject to the requirements of § 55-292.

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

[Amended 9-6-11 by Ord. No. 2011-14]

Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in paragraph G below.

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 or site 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 circumstance.

No development, except for those uses which are specifically authorized in this section shall be carried out within three hundred (300) feet of any wetland, unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in paragraph G of this section.

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

(1)

An increase in surface water runoff discharge into a wetland.

(2)

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

(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 wetlands species composition.

(9)

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

Determinations under paragraph G above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

§ 55-299 OTHER PERFORMANCE STANDARDS AND CONSIDERATIONS.

[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 51; 2-2-98 by Ord. No. 1998-2 § 2]

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

Fish and Wildlife.

(1)

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

(2)

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 in the Pinelands Area

Floodways and Flood Hazard Areas.

(1)

In a floodway, no development or storage of material shall be permitted except as authorized in § 55-298.

(2)

In a flood hazard area, no building or structure shall be permitted if the elevation of any floor of such a structure, including basement, shall be less than one (1) foot above the flood hazard area design flood profile. The following uses are permitted provided they are in accordance with the requirements of §§ 55-298.

Mandatory Sign Provisions.

(1)

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

(2)

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

(3)

No outdoor off-site commercial advertising sign, billboard, commercial billboard or other off-premises sign shall be permitted, erected or replaced in the Pinelands Area of Barnegat Township except as otherwise specifically provided within this ordinance.

(a)

Developer Signs: Developer Signs (Off-Premises): Any off-premises sign directing traffic to a development site, sales office, model homes, etc., shall require a change of use application for site plan exemption and approval by the Site Plan Review Subcommittee of the Planning Board pursuant to §§ 55-141 and 55-226 of the Barnegat Township Land Use Code (Ordinance 1996-27). In viewing the application, the Site Plan Subcommittee shall apply the following criteria: Prior to submitting application, the applicant shall obtain outside agency approval (or letter of no interest) as may be required by reason of jurisdiction by the New Jersey Department of Transportation, County of Ocean, Pinelands Commission, Department of Environmental Protection, etc. Signs shall not exceed four (4) square feet in area and three (3) feet in height measured from the crown of the road or the top of the curb, except a maximum height of two and one-half (2 1/2) feet within a sight triangle. Off-premises signs shall not be clustered and no such sign shall be placed within fifty (50) feet of any other sign.

(4)

Any existing sign which does not conform to paragraphs D(1) and (2) above shall be removed immediately. Any existing sign which does not conform to paragraph D(3) above shall be removed no later than December 5, 1996, except for those existing, lawful off-site commercial advertising signs located in the RH, RM, RL and RL/AC zones and in that portion of the CN Zone located in the Regional Growth Area that were in existence as of January 14, 1981.

(5)

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

Location of Utilities.

(1)

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

(2)

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

(Reserved)

[Deleted 2-2-98 by Ord. No. 1998-2 § 2]

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

Recreation.

(1)

All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection's publication Administration Guidelines: Barrier-Free Design Standards for Parks and Recreation Facilities.

(2)

Improved bicycling facilities shall be provided only in conjunction with paved roads within the PA, PF and FI Zones.

§ 55-300 MINIMUM LOT SIZE AND EXEMPTION OF SUBSTANDARD LOTS IN THE PINELANDS AREA.

[Amended 6-5-89 by Ord. No. 1989-14; 4-5-93 by Ord. No. 1993-8; 12-16-96 by Ord. No. 1996-60 § 54]

Minimum lot size.

[Amended 10-7-03 by Ord. No. 2003-33]

(1)

No nonresidential use in the RH, RM, RL, or RL/AC Zones or in that portion of the CN Zone located in the Pinelands Village or Regional Growth Area shall be located on a parcel of less than one (1) acre unless served by a centralized wastewater treatment plant. No residential dwelling unit in these zones shall be located on a parcel of less than one (1) acre unless served by either:

(a)

A centralized wastewater treatment plant; or

(b)

A community on-site wastewater treatment system serving two (2) or more residential dwelling units which meets the standards of Section 55-291B(5) or (7), provided that the overall residential density on the parcel does not exceed one (1) dwelling unit per acre.

(2)

No residential dwelling unit or nonresidential use in the PA, PV, PF, C-PHD or PI Zones or in that portion of the CN Zone located in the Pinelands Forest Area shall be located on a parcel of less than one (1) acre.

Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in the Pinelands Area, not including the Preservation Area Zone, shall be entitled to develop one (1) detached single-family dwelling on the parcel, provided that:

(1)

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

(2)

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;

(3)

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

(4)

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

Notwithstanding the requirements of paragraph A above, an application for residential development not served by a centralized wastewater treatment plant on lots between twenty thousand (20,000) square feet and one (1) acre in size in the RM or RH Zone may be considered without the necessity for a municipal lot size or density variance, provided a waiver or strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

§ 55-301 HISTORIC, ARCHAEOLOGICAL AND CULTURAL RESOURCE PRESERVATION IN THE PINELANDS AREA.

[Amended 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 55]

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

Authority to issue certificates of appropriateness.

(1)

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

(2)

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:

(1)

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

(2)

Development not otherwise exempted from review pursuant to Section 55-276 of this chapter where a significant resource has been identified pursuant to E below.

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

A cultural resource survey shall accompany all applications for development in a Pinelands Village and all applications for major development in order determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the 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.

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:

(1)

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

(2)

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in paragraph E above shall be effective for two (2) years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two (2) year period, the historic resource standards in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

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 for buildings and 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 archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 CFR 66).

Barnegat City Zoning Code

ARTICLE XIX

§ 55-291 WATER QUALITY.

§ 55-292 FORESTRY.

§ 55-293 RESOURCE EXTRACTION.

§ 55-294 FIRE PROTECTION.

§ 55-295 VEGETATION, LANDSCAPING AND SCREENING.

§ 55-296 SCENIC CORRIDORS.

§ 55-297 AIR QUALITY.

§ 55-298 WETLANDS.

§ 55-299 OTHER PERFORMANCE STANDARDS AND CONSIDERATIONS.

§ 55-300 MINIMUM LOT SIZE AND EXEMPTION OF SUBSTANDARD LOTS IN THE PINELANDS AREA.

§ 55-301 HISTORIC, ARCHAEOLOGICAL AND CULTURAL RESOURCE PRESERVATION IN THE PINELANDS AREA.