Buena City Zoning Code
ARTICLE XVIII
Pinelands Area Standards
§ 150-159 Short title.
This article shall be known as the "Land Use Regulations for the Pinelands Area of the Borough of Buena."
§ 150-160 Purpose.
The intent and purpose of this article are:
A.
To amend former Article XVIII of this chapter in order to adopt regulations applicable to the Pinelands Area of the Borough of Buena which are consistent with updated Pinelands Regulations adopted by the Pinelands Commission.
C.
To meet the objectives with respect to the Pinelands Area of protecting, preserving and enhancing the significant value of the resources thereof, including natural, ecological, agricultural, archaeological, historic, scenic, cultural and recreational resources.
§ 150-161 Interpretation of terms.
§ 150-162 Establishment of districts.
A.
The Pinelands Area within Buena Borough is shown on the map attached to this article[1] and on copies of the Borough Tax Map, detailed to show block and lot listings, on file with the Borough Clerk and with the New Jersey Pinelands Commission.
[1]
Editor's Note: A copy of the Pinelands Area Map is on file in the office of the Borough Clerk, where it may be examined during regular office hours.
B.
The districts within the Pinelands Area of Buena Borough are as follows:
Agricultural | |
P-A (agricultural production) | |
Town | |
P-R3 (residential, medium density) | |
P-R4 (residential and farms, low density) | |
P-B2 (highway business) | |
P-I (industrial) | |
§ 150-163 Zoning District Map.
§ 150-164 Boundary lines clarification.
Boundary lines separating the Pinelands Districts are intended to follow the center lines of streets, railroad rights-of-way and lot lines as they exist on plats of record at the time of passage of this article.
§ 150-165 Schedule of Area, Yard, Height and Parking Requirements.
The standards for area, yard, height and off-street parking within the Pinelands are shown on the schedule sheet made part of this Article and appended herewith.[1]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
§ 150-166 Greater restrictions to prevail.
Restrictions or requirements on buildings or land, or both, which appear in other Buena Borough ordinances or are established by law, that are greater than those set forth in this article shall take precedence.
§ 150-167 Conformity required.
No development in the Pinelands Area of the Borough of Buena shall be carried out by any person unless it is in conformance with each of the standards set forth in this article.
§ 150-168 Undersized lots of record in Pinelands.
[Amended 6-2-1997 by Ord. No. 444]
Notwithstanding the density limitations or other provisions of this article, a single-family dwelling may be developed on a parcel of land of one acre or more in the P-A Pinelands Agricultural Zone, provided that:
A.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
B.
The parcel has been in 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.
C.
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
D.
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
§ 150-169 Exemptions to height regulations.
[Amended 6-2-1997 by Ord. No. 444]
The height limitations of this article shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flagpoles and masts or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. Such features, however, shall be erected only to such height necessary to accomplish the purpose they are to serve. The provisions of this article shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet. The height limitations of this article shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7.50-5.4(c) are met.
§ 150-170 Farming rights; restrictions and permitted nuisances.
A.
The right to farm shall be protected in all zones except the P-B2 (Highway Business) and the P-R3 (Residential Pinelands Town) Zones, subject to the regulations governing farm and livestock operations, to the prohibited uses specified below, to the standards set forth in the schedules of this article[1] and to the health and sanitary codes.
[1]
Editor's Note: The zoning schedules are included at the end of this chapter.
B.
The protection accorded to the right to farm includes the right to use irrigation, fertilizer, insecticides and herbicides, as well as the right to graze animals, subject to the restrictions contained below under Subsection C.
C.
Exceptions to the keeping of animals:
(1)
In all zones, except the P-A Zone and on farms permitted in the P-R4 Zone, all major farm animals, such as but not limited to horses, cows, bulls, mules and donkeys, shall be prohibited unless the properties on which they are housed or grazed consist of at least three acres.
(2)
In all zones, except the P-A Pinelands Agricultural Zone and on farms permitted in the P-R4 Zone, no storage of manure or dust-producing substances shall be permitted within 200 feet of a residence.
(3)
In all zones, except the P-A Pinelands Agricultural and on farms permitted in the P-R4 Zone, small farm animals, such as but not limited to poultry, rabbits, sheep or goats, may be kept on any property of three acres or more, provided that they are not bred for commercial purposes, subject to the following:
(4)
In all zones, except the P-A Pinelands Agricultural and on farms permitted in the P-R4 Zone, structures required to shelter farm animals shall be limited to no more than 50% of the square footage of living area of the dwelling house existing on the property.
(5)
All animals kept under the provisions of this section shall be properly fenced and contained so as to prevent them from running or wandering at large upon the public streets or on the properties of other persons.
(6)
The keeping of more than two household pets, such as cats or dogs, by any household is prohibited except in the P-A Pinelands Agricultural and the P-R4 Residential Zone and farm zones.
(7)
In all zones which permit the housing and grazing of animals as specified herein, no animal shall be housed or grazed unless the owner or keeper resides in a dwelling house on the same lot or on a contiguous lot to that on which the animal is housed or grazed.
§ 150-171 Preservation of natural features; wetlands.
A.
No development in the Pinelands Area shall be permitted in a wetland or a wetlands transition area except for:
[Amended 5-3-1993 by Ord. No. 407]
(1)
Horticulture of native Pinelands species in accordance with the recommended agricultural management practices.
(2)
Berry culture, in accordance with the aforesaid recommended practice.
(3)
Beekeeping.
(4)
Forestry in accordance with the forestry standards of § 150-174.
[Amended 4-9-2012 by Ord. No. 589]
(5)
Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 4-9-2012 by Ord. No. 589]
(6)
Low-intensity recreational uses which do not involve a structure, such as hunting, fishing, trapping, hiking, boating, swimming and other low-intensity recreational uses, provided that any development associated with said other uses does not result in a significant adverse impact on the wetland under the performance standards.
(7)
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
(a)
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
(b)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
(c)
The use represents a need which overrides the importance of protecting the wetland.
(d)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
(e)
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
B.
Performance standards.
(2)
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal pattern of seasonal flow in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground- or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
§ 150-172 Preservation of natural features; vegetation and landscaping.
[Amended 6-2-1997 by Ord. No. 444]
A.
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
B.
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.
D.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 150-74B(10) shall incorporate the following elements:
(1)
The limits of clearing shall be identified.
(2)
Existing vegetation, including New Jersey's record trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
(3)
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns, except when directly associated with and adjacent to a proposed structure.
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures; or
(c)
When limited use of other shrubs or tree species is required for proper screening or buffering.
E.
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
§ 150-173 Preservation of natural features; fish and wildlife.
A.
Protection of threatened or endangered wildlife required. 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 or those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
B.
Protection of wildlife habitat. All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
§ 150-174 Forestry.
[Amended 6-2-1997 by Ord. No. 444]
A.
Permit required. No forestry in the Pinelands Area of the borough shall be carried out by any person unless a permit for such activity has been issued by the Borough Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
(2)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
(3)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(5)
Prescribed burning and the clearing and maintaining of firebreaks.
B.
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Borough Zoning Officer prior to the issuance of any forestry permit:
[Amended 4-9-2012 by Ord. No. 589]
(1)
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(2)
For 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- (five years) and long-term (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 Subsection B(2)(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 ten-, twenty-, and forty-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 inch equals 2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as roads, streams and structures;
[f]
The identification of soil types (a separate map may be used for this purpose);
[g]
A map inset showing the location of the parcel in relation to the local area;
[h]
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[i]
A legend defining the symbols appearing on the map.
(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 § 150-180;
(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 Subsection C below;
(m)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
C.
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 4-9-2012 by Ord. No. 589]
(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)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen; and
(f)
Utilizing the least intrusive harvesting techniques, including the use of winches, 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 for the protection of threatened and endangered plants and animals set forth in §§ 150-172E and 150-173A. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I, 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 herein.
(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 § 150-180.
(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 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities.
(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:
(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 10%, an undisturbed buffer strip of at least 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 Subsection 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 time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one 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 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 25 feet in width, or to create scattered early successional habitats under two 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 passes shall be permitted except to create scattered early successional habitats under two 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, one-hundred-eighty-degree turns at the end of each straight pass.
(10)
The following standards shall apply to silvicultural practices for harvesting:
(a)
Clearcutting shall be permitted, provided that:
[1]
It shall not be permitted in Pine Plains native forest types;
[2]
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[3]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;
[4]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre-or-larger clearcut from other twenty-five-acre-or-larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[5]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
[6]
The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut 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 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2]
A fifty-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 twenty-five-acre-or-larger coppice cut from other twenty-five-acre-or-larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five 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 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2]
A fifty-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 twenty-five-acre-or-larger seed tree cut from other twenty-five-acre-or-larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five 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 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 Subsection C(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, seedlings 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.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(2)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(7)
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours written notice of the intention to begin harvesting operations.
§ 150-175 Recommended agricultural management practices.
A.
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 the recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
B.
In the P-A Agricultural Production District, a resource conservation plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
C.
All agricultural operations in the P-A Agricultural Production District shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the management of public health.
§ 150-176 Water quality.
A.
General.
(1)
All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
(2)
Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes 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.
B.
Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be developed and operated in the Pinelands:
(1)
Development of new or expansion of existing commercial, industrial and wastewater treatment facilities or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in the Subsection B(2) through (6) below, provided that:
[Amended 6-2-1997 by Ord. No. 444]
(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 wastewater treatment facilities are designed to accept and treat septage.
(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.
[Amended 6-2-1997 by Ord. No. 444]
(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.
[Amended 6-2-1997 by Ord. No. 444]
(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 Subsection B(1)(a) above.
[Amended 6-2-1997 by Ord. No. 444]
(b)
There is no increase in the existing approved capacity of the facility.
(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 water 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 wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 6-2-1997 by Ord. No. 444]
(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 Subsection B(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 § 150-202.
(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 Subsection C below.
(g)
The technology has been approved for use by the New Jersey Department of Environmental Protection.
(h)
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that 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:
[Amended 6-2-1997 by Ord. No. 444]
(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 Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 150-202.
(7)
Alternate design pilot program treatment systems, provided that:
[Added 8-11-2003 by Ord. No. 504]
(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 B(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 § 150-202;
(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 proposes, 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)
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)2.v 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 4-8-2019 by Ord. No. 676]
(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)2.vi 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 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 of the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 4-8-2019 by Ord. No. 676]
(l)
No system shall be installed after August 5, 2007.
C.
Individual wastewater treatment facility and petroleum tank maintenance.
(1)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septic disposal facility capacity is available in accordance with amending P.L. 1975, c. 326, of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
(a)
Have the facility inspected by a technician at least once every three years.
(b)
Have the facility cleaned at least once every three years.
(c)
Once every three years submit to the Board of Health serving the borough a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
D.
Prohibited chemicals and materials.
(2)
All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(3)
No person shall apply herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.[2]
[2]
Editor's Note: Former Subsection D(4), which immediately followed this subsection, concerning hazardous, toxic, chemical, petroleum, septic and nuclear waste, was repealed 6-2-1997 by Ord. No. 444.
E.
Water management.
[Amended 4-22-2024 by Ord. No. 752]
(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 Buena Borough 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 Buena Borough 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 Buena Borough 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.
(b)
[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:
[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 off-site 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: Pinelands Town; and Agricultural Production 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.
§ 150-177 Scenic standards.
A.
Except as provided in Subsection A(1) below, no outdoor off-site commercial advertising sign shall be permitted in the Pinelands Area.
[Amended 6-2-1997 by Ord. No. 444]
(1)
Existing lawful off-site commercial advertising signs in existence as of January 14, 1981, shall be permitted in the P-R3, P-R4, P-B2 and P-I Zones, and off-site signs advertising agricultural commercial establishments shall be permitted in any Pinelands Area Zone, provided that:
B.
Motor vehicle screening and storage. No more than 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 subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
C.
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)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses.
(3)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
§ 150-178 Fire management.
A.
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 forests, 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 |
B.
No development shall be carried out in the Pinelands Area in the forested areas of the P-A Agricultural District which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection A above unless such development complies with the following standards:
(1)
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.
(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)
(5)
All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a one-hundred-foot perimeter fuel break between all structures 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 material treated with fire-retardant chemicals.
(c)
Any openings in the roof, attic and 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.
§ 150-179 Recreational facilities.
All development within the Pinelands Area shall conform to N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3 and to the following requirements:
A.
All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities.
B.
Improved bicycling facilities shall be provided only in conjunction with paved roads.
§ 150-180 Historic resource preservation.
A.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Borough Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection E(2) below.
B.
Authority to issue certificates of appropriateness.
C.
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 Borough Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.
D.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications for development in the P-R3, P-R4, P-B2 and P-I Districts and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 6-2-1997 by Ord. No. 444]
(1)
This requirement for a survey may be waived by the local approval agency if:
(a)
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(2)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state or local community or the Pinelands.
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state or local community or the Pinelands.
(c)
The presence of structures that represent the work of a master or that possess high artistic value or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state or local community or the Pinelands, although its components may lack individual distinction.
(d)
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
F.
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
G.
The effect of the issuance of a certificate of appropriateness is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Borough Council pursuant to N.J.S.A. 40:55D et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 6-2-1997 by Ord. No. 444]
H.
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.
(4)
A New Jersey State inventory form, as published by the New Jersey Department of Environmental Protection, for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
I.
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).
§ 150-181 Waste management.
[Amended 6-2-1997 by Ord. No. 444]
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.
§ 150-182 Energy conservation.
All development shall be carried out in a manner which promotes energy conservation. Such methods include, but are not limited to, southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
§ 150-183 Air quality.
A.
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.
[Amended 6-2-1997 by Ord. No. 444]
B.
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 50 or more units and any other development involving more than 100 parking spaces located in the Pinelands Area.
§ 150-184 Required approvals.
No person shall carry out any development within the Pinelands Area without obtaining approval from an approved agency and without obtaining development approval in accordance with the procedures set forth in this article.
§ 150-185 Compliance required; exceptions.
A.
Except as provided in Subsection B below, the following shall not be subject to the procedures set forth in this section:
(1)
The improvement, expansion or reconstruction, within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto.
(2)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.
(3)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.
(4)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.
(5)
The repair of existing utility distribution lines.
[Amended 6-2-1997 by Ord. No. 444]
(6)
The clearing of less than 1,500 square feet of land.
(7)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:
[Amended 4-8-2019 by Ord. No. 676]
(a)
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(8)
The demolition of any structure that is less than 50 years old.
(9)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits.
[Added 6-2-1997 by Ord. No. 444]
(10)
The repair or replacement of any existing on-site wastewater disposal system.
[Added 6-2-1997 by Ord. No. 444]
(11)
The repaving of existing paved roads and other paved surfaces, provided that no increase in the paved width or area of said roads and surfaces will occur.
[Added 6-2-1997 by Ord. No. 444; amended 4-8-2019 by Ord. No. 676]
(12)
The clearing of land solely for agricultural or horticultural purposes.
[Added 6-2-1997 by Ord. No. 444; amended 4-8-2019 by Ord. No. 676]
(13)
Fences, provided that no more than 1,500 square feet of land is to be cleared.
[Added 6-2-1997 by Ord. No. 444]
(14)
Aboveground telephone equipment cabinets.
[Added 6-2-1997 by Ord. No. 444]
(15)
Tree pruning.
[Added 6-2-1997 by Ord. No. 444]
(16)
The following forestry activities:
[Added 6-2-1997 by Ord. No. 444]
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining of firebreaks.
[Added 6-2-1997 by Ord. No. 444]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 150-74B(10) or 150-172C.
[Added 6-2-1997 by Ord. No. 444]
(19)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 4-8-2019 by Ord. No. 676]
(20)
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 4-8-2019 by Ord. No. 676]
(21)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 4-8-2019 by Ord. No. 676]
(22)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 4-8-2019 by Ord. No. 676]
B.
The exceptions contained in Subsection A above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
C.
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
§ 150-186 Application requirements for minor development.
A.
Any application for approval of minor development 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 the 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 United States Geological Survey quadrangle map or copy thereof and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown.
(7)
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption by occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to the proposed sanitary facilities:
(a)
On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities.
(b)
Soil borings and percolation tests: if on-site sewage disposal is proposed, the results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted at a suitable location with a tract map showing location, logs and elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstration that such facility is adequate to meet the water quality standards contained in § 150-176 of this article.
(8)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.
(9)
A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.
(10)
A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.
(11)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
B.
When prior approval for the development has been granted by the borough, evidence of Pinelands Commission review shall be required.
§ 150-186.1 Procedures for applications for the development of a single-family dwelling.
[Added 4-5-1999 by Ord. No. 461]
A.
The Zoning Officer is hereby authorized to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop a single-family dwelling on an existing lot of record within the Pinelands Area of the Borough of Buena.
B.
Applications for a preliminary zoning permit.
(1)
An application for a preliminary zoning permit shall be submitted to the Zoning Officer and shall include the following:
(a)
The applicant's name and address and his interest in the subject property.
(b)
The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate; and that duly authorized representatives of the Borough of Buena and Pinelands Commission are authorized to inspect the property.
(c)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(d)
The street address, if any, the tax map sheet and block and lot number of the property.
(e)
Proof that taxes for the property have been paid.
(f)
Acreage of the property in square feet.
(g)
A dated plot plan, with the scale noted, showing:
[1]
The zoning district in which the property is located.
[2]
The location and dimensions of all property lines, easements affecting the property and streets abutting the property.
[3]
The location of all yards and setbacks required pursuant to § 150-165, Schedule of Area, Yard, Height and Parking Requirements.
[4]
The location and use of all existing structures and improvements on the property and their intended disposition.
[5]
A building envelope within which the single-family dwelling is to be located.
[6]
The location and dimensions of the proposed driveway.
[7]
The location and dimensions of any proposed accessory structures or improvements.
[8]
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located.
[9]
The location of any proposed water supply well.
(h)
If proposed, certification that central sewer and/or water services are available.
(2)
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 150. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter 150.
(3)
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 150.
(4)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant of any additional information which is necessary to complete the application.
C.
Permit decisions. Within 14 days of determining an application to be complete, the Zoning Officer shall either issue or deny the issuance of a preliminary zoning permit.
D.
Preliminary zoning permit.
(1)
A preliminary zoning permit shall issue if:
(a)
The application is consistent with the requirements of Chapter 150 or any necessary variance from those requirements has been obtained;
(b)
No waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary, or a waiver has been approved by the Pinelands Commission; and
(c)
A duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.
(2)
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapter 150 and shall specify the expiration date of the permit.
(3)
The Zoning Officer shall provide copies of the application and the preliminary zoning permit to the Pinelands Commission within five days of the issuance of the permit.
E.
Effect of Preliminary Zoning Permit.
(1)
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 150 of the Code of the Borough of Buena and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:501.1 et seq.
(2)
A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive revisions of Chapter 150 of the Code of the Borough of Buena or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(b)
Any subsequent approvals necessary for the development of the single-family dwelling on the property may be sought without the need for a certificate of filing from the Pinelands Commission.
F.
Refusal to issue preliminary zoning permit.
(1)
The Zoning Officer shall deny an application for a preliminary zoning permit if any of the following are found to apply:
(c)
A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required.
(d)
The duly authorized representative of the Pinelands Commission has not attested to the consistency of the application with the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq., as amended).
(2)
In the event that the Zoning Officer denies the issuance of a preliminary zoning permit, he shall expressly reference the reasons for such denial. If the denial is predicated solely upon the need to obtain a variance from Chapter 150, the Zoning Officer shall also indicate that, upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection D above.
(3)
When the denial of a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 150, the Zoning Officer shall provide copies of the application and the denial to the Pinelands Commission within 5 days of the issuance.
(4)
When the denial of a preliminary zoning permit is predicated wholly or in part upon Subsection F(1) (b), (c) or (d) above, the Zoning Officer shall provide the original application and a copy of the denial to the Pinelands Commission within five days of such denial. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. § 7:50-1.1 et seq., and §§ 150-185, 150-186, and 150-187 through 150-192 of the Code of the Borough of Buena. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
G.
Zoning Officer vacancy. Should the positions of the Zoning Officer and Assistant Zoning Officer become vacant for any reason, the application procedures set forth in § 150-186.1 shall be of no force or effect, and the procedures of §§ 150-185, 150-186, and 150-187 through 150-192 shall apply until the position has been filled.
§ 150-187 Application requirements for other development.
A.
All applications for major development other than forestry operations shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the following:
(1)
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.
(2)
When prior approval for the development has been granted by the borough, evidence of Pinelands Commission review shall be required.
§ 150-188 Referral of applications to Environmental Commission.
All applications for development approval shall be referred to the Environmental Commission for review and comment.
§ 150-189 Notices to the Pinelands Commission.
[Amended 4-5-1999 by Ord. No. 461; 4-8-2019 by Ord. No. 676]
A.
Application submission and modifications. Written notification shall be given by the Borough, by email or regular mail, to the Commission within seven days after a determination is made by the Borough that an application for development in the Pinelands Area is complete or if a determination is made by the Borough approval agency that the application has been modified. Said notice shall contain:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(3)
A brief description of the proposed development, including uses and intensity of uses proposed;
(4)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(5)
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;
(6)
The approval agency with which the application or change thereto was filed;
(7)
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and
(8)
The nature of the municipal approval or approvals being sought.
B.
Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
(1)
The name and address of the applicant;
(2)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing or other formal proceeding;
(4)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;
(5)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and
(6)
The purpose for which the meeting, hearing or other formal proceeding is to be held.
C.
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(3)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(4)
The date on which the approval or denial was issued by the approval agency;
(5)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
(6)
Any revisions to the application not previously submitted to the Commission; and
(7)
A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.
§ 150-190 Review by Pinelands Commission.
A.
Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 150-189 above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 7:50-4.43. The approval of the borough shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
B.
Pursuant to N.J.A.C. 7:50-4.2(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for the Pinelands Commission review of local approval under this section.
C.
Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
§ 150-191 Prior approvals; conditions for subsequent approval.
Where a prior approval has been granted by the borough, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
A.
Notification is received from the Pinelands Commission that the review of the borough's approval is not required.
B.
Review of the borough's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4:41 and a final order regarding the approval is received by the borough from the Pinelands Commission.
§ 150-192 Effect of Pinelands decision on borough approval.
[Added 4-5-1999 by Ord. No. 461]
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days of the Commission's action, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which has previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant. Except as provided in § 150-186.1, the requirements of this section shall not apply to the issuance of a preliminary zoning permit or a denial of a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
§ 150-193 Pinelands Commission participation in public hearing.
The Pinelands Commission may participate in a hearing held in the borough involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
§ 150-194 Public development standards.
All development proposed by the borough or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq., as well as the provisions of this article.
§ 150-195 Amendments to comply with state standards.
In amending this article or any other ordinance regulating the use of land, the borough shall comply with the requirements of N.J.A.C. 7:50-3.45.
§ 150-196 Compliance with conditional use standards.
Unless otherwise approved by the Pinelands Commission, all development in any area of the Pinelands shall comply with the regulations governing conditional uses as set forth under Article XVII, as well as the standards governing development in the Pinelands.
§ 150-197 P-R3 Pinelands Town Residential District standards.
The following regulations shall apply to the P-R3 District:
A.
Permitted uses. Permitted uses shall be as follows:
(1)
One-family dwellings.
(2)
Public schools.
(3)
Municipal buildings, parks and playgrounds deemed appropriate and necessary by the Council of the Borough of Buena.
(4)
Churches and similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
(5)
Office of a professional person residing on the premises, provided that there is no display of advertising other than a professional nameplate. In addition, the office of a medical professional person who does not reside on the premises may be used as an office, provided that no more than two such professional persons use said structure for said use. The medical profession uses are restricted to the persons in the medical profession as follows:
(6)
Temporary buildings for used incidental to construction work, provided that such buildings are removed upon the completion or abandonment of the construction work.
B.
Permitted accessory uses. Permitted accessory uses shall be as follows:
(1)
Private garages, limited to 500 square feet or less of building area.
(2)
Noncommercial workshops as part of the principal building or private garage.
(5)
Other normal residential secondary structures such as outdoor barbecues, fireplaces, trellises, lampposts and the like.
(6)
Off-street parking facilities subject to the provisions of Article XI of this chapter and to the Pinelands requirements.
(7)
Television antennas not exceeding 35 feet in height.
(8)
Other customary accessory uses and structures which are clearly incidental to the principal use.
§ 150-198 P-R4 Pinelands Town Residential District standards.
The following regulations shall apply to the P-R4 District:
§ 150-199 P-A Agricultural Production Zone standards.
A.
Permitted uses. Permitted uses shall be as follows:
(1)
Agricultural uses, to include the growing of fruit and/or crops and animal husbandry, including buildings incidental to the same but subject to the requirements of the zoning schedules of this chapter.[1]
[1]
Editor's Note: The zoning schedules are included at the end of this chapter.
(2)
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon the completion or abandonment of the construction work.
(3)
Single-family dwellings on lots of 3.2 acres, provided that:
[Amended 6-2-1997 by Ord. No. 444]
(a)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(b)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.
(c)
The parcel of land on which the dwelling is to be located 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.
(d)
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years, and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least twenty different years.
(4)
Residential dwelling units.
(a)
Residential dwelling units not to exceed a gross density of one unit per 10 acres, provided that:
[1]
The dwelling is accessory to an active agricultural operation;
[2]
The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation;
[3]
The dwelling is to be located on a lot which is under or qualified for agricultural assessment;
[4]
The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area; and
(b)
No more than one lot may be created for a dwelling pursuant to this subsection at any one time.
(5)
Residential dwelling units at a gross density of one unit per 40 acres, provided that:
[Amended 6-2-1977 by Ord. No. 444]
(a)
The unit(s) shall be clustered on one-acre lots.
(b)
The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel.
(c)
The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.
(7)
Agricultural products processing facilities.
(8)
Forestry.
(9)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to water bodies is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
The clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
(10)
Pinelands development credits.
(11)
Single-family dwellings on lots of one acre, provided that:
[Added 5-3-1993 by Ord. No. 407]
(b)
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim rules and regulations prior to January 14, 1981;
(c)
The applicant qualifies for and receives from the borough a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection A(3) above;
(d)
The applicant purchases and redeems 0.25 Pinelands development credits; and
B.
Permitted accessory buildings and structures. Permitted accessory buildings and structures shall be as follows:
C.
Other standards. All development shall comply with the requirements set under the schedules of Article XVI[2] and to the requirements pertaining to conditional uses set under Article XVII of this chapter; except, however, the minimum lot area for a nonresidential use within the P-A District shall not be less than needed to meet the water quality standards of § 150-176B(4), whether or not the lot is served by a centralized sewer treatment or collection system.
[2]
Editor's Note: The zoning schedules are included at the end of this chapter.
D.
Expansion of intensive recreational uses will be permitted, provided that:
[Amended 6-2-1997 by Ord. No. 444]
(1)
The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.
(2)
The use is necessary to achieve recreational use of a particular element of the Pinelands environment.
(3)
The use is environmentally and aesthetically compatible with the essential character of the Pinelands Agricultural Production Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.
§ 150-200 P-B2 Pinelands Town Highway Business District (New Jersey Route 40) standards.
The following regulations shall apply in the P-B2 District:
A.
Permitted uses. Permitted uses shall be as follows:
(1)
Stores, shops, markets where goods are sold or personal services are rendered that are clearly incidental to the retail business being conducted, provided that:
(a)
All goods or products fabricated or processed incidental to such use shall be sold at retail on the premises.
(b)
Such fabrication or processing done on the premises shall be done by not more than three persons so employed at any one time.
(c)
Such fabrication or processing shall be confined to the first floor and basement of the premises; and
(d)
No supplies, materials or goods are stored outdoors.
(2)
Business and professional offices, banks and fiduciary institutions.
(3)
Restaurants and diners.
(4)
Mortuary or funeral homes.
(5)
Theaters.
(6)
Assembly halls, bowling alleys and other similar commercial recreational activities; provided, however, that it is carried on within a building.
(7)
Municipal buildings, parks and playgrounds.
(8)
New and used motorized vehicle sales.
(9)
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon the completion or abandonment of the construction work.
(10)
Telephone and telegraph offices.
(11)
Farm produce outlets.
§ 150-201 P-I Pinelands Town Industrial District standards.
The following regulations shall apply to the P-I Zone:
A.
Permitted uses. Permitted uses shall be as follows:
(1)
Manufacturing uses of light machinery, comprising any of the following: carburetors and small machine parts; cash registers; sewing machines; and typewriters, calculators and printing and other office machines.
(2)
Fabrication of metal products, comprising any of the following: baby carriages, bicycles and other similar vehicles; metal foil (tin, aluminum, gold, etc.); metal furniture; musical instruments; sheet metal products; and toys.
(3)
Fabrication of paper products, comprising any of the following: bags, book bindings; boxes and packaging material; office supplies; and toys.
(4)
Fabrication of wood products, comprising any of the following: boats; boxes; cabinets and woodworking; furniture; and toys.
(5)
Food and associated industries, comprising any of the following: bakeries; bottling of food and beverages; food and cereal mixing and milling; food processing; food sundry manufacturing; ice cream manufacturing; and manufacturing of spirituous liquor.
(6)
Laboratories comprising any of the following: biological; chemical; dental; electronic; pharmaceutical; and general.
(7)
The warehousing or storage of goods and products, provided that no goods are sold from the premises.
(8)
Office buildings for executive or administrative purposes.
(9)
Other permissible industry, comprising any of the following: brush and broom manufacturing; concrete and plastic products; electric light and power and other utility company installations; electronic products; farm machinery, sales and service; glass and glass products manufacturing; jewelry manufacturing, including gem polishing; leather goods manufacturing, except curing, tanning and finishing of hides; motion-picture exchange; pharmaceutical products and manufacturing; photo finishing; pottery and ceramic products manufacturing; printing plants; sporting goods manufacturing; and thread and yarn manufacturing.
(10)
Customary and conventional farm operations and municipal functions conducted in the public interest.
(11)
Temporary buildings for uses incidental to construction work, provided that such buildings are removed upon the completion or abandonment of the construction work.
B.
C.
Other standards. All development shall comply with the requirements set under the schedules of Article XVI[1] and the requirements pertaining to conditional uses of Article XVII.
[1]
Editor's Note: The zoning schedules are included at the end of this chapter.
D.
Special standards pertaining to the P-I District:
(1)
It shall be understood that any use not specifically permitted by this article is hereby prohibited in the Industrial Zone. Such prohibition shall include, but is not necessarily limited to:
(a)
Any residential use other than a farm dwelling.
(b)
Junkyards and wrecking or disassembly yards.
(c)
Business and commercial uses for the purpose of retail trade other than the sale of farm products grown on the premises.
(d)
Any use which by its nature would have a tendency to create objectionable conditions due to the emission of smoke, noise or odor or in any way result in a detrimental effect upon the surrounding area and the general community.
(2)
Buffering and landscaping.
(a)
Whenever the property line of a lot abuts or is across a street from a residential zone, a buffer area shall be established which shall include an area of land 75 feet in width as measured from the property line or street. Within said buffer area, no use, activity or sign shall be established other than the following:
[1]
Such driveways as are necessary to provide proper means of ingress and egress for the parking areas.
[2]
Directional signs in conjunction with said driveways which are necessary for the proper guidance and control of vehicular traffic, provided that not more than one such sign is erected in conjunction with each such driveway.
(b)
Within said buffer area, a solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen at least four feet in height and of such density as will obscure 75% of the glare of automobile headlights emitted from the premises throughout the full course of the year. The landscape screen described above shall be located so as to be not closer than 25 feet to a street line or 10 feet to a property line. The required height of the landscaped screen as required above shall be measured in relation to the elevation of the edge of the adjacent parking area. In such cases as the ground elevation of the location at which the screen is to be planted is less than the elevation of the edge of the adjacent parking area, the required height of the screen shall be increased in an amount equal to said difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that of the edge of the adjacent parking area, the required height of the screen shall be reduced in an amount equal to said difference in elevation, provided that in no case shall the required height be reduced less than two feet.
(c)
The entire buffer area shall be graded and planted with grass seed or sod and such other shrubbery or trees as may be desired by the owner. The entire area shall be attractively maintained and kept clean of all debris and rubbish.
(d)
In the event that any of the plantings in accordance with the above requirements do not live, they shall be replaced within one year.
(e)
The certificate of occupancy for the use of the premises shall not be issued until such time as the landscaping requirements as set forth in this subsection are installed in accordance with the plan approved by the Planning Board or, in the event that the season is not appropriate, until a performance bond is posted with the borough in an amount equal to the estimated cost of said landscaping installation. In any event, a performance bond shall be posted with the borough in an amount equal to 25% of the total estimated cost to insure that the installed landscaping complies with the requirements set forth above at the completion of the second growing season.
§ 150-202 Pinelands development credits.
A.
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection B below, every parcel of land in the P-A Agricultural District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Pinelands Regional Growth Area. Pinelands development credits may also be allocated to certain properties in the borough by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 5-3-1993 by Ord. No. 407]
B.
Pinelands development credits are hereby established in the P-A Agricultural District at the following ratios:
(1)
Uplands which are undisturbed but approved for resource extraction pursuant to this article: two Pinelands development credits per 39 acres.
(2)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres.
(3)
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.
(4)
Wetlands in active field agricultural use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.
[Amended 6-2-1997 by Ord. No. 444]
(5)
Other wetlands: 2/10 Pinelands development credits per 39 acres.
C.
The allocations established in Subsection B above shall be reduced as follows:
(1)
Any property of 10 acres or less which is developed for a commercial industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive a Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area activity used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(2)
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(3)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection G below, or when a variance for cultural housing is approved by the borough pursuant to § 150-199A(11) of this article.
[Amended 5-3-1993 by Ord. No. 407]
(4)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credits for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 5-3-1993 by Ord. No. 407]
D.
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection B above.
E.
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the P-A Pinelands Agricultural District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred, except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acre of land in the P-A Pinelands Agricultural District as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection B above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 6-2-1997 by Ord. No. 444]
F.
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection I below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 6-2-1997 by Ord. No. 444]
G.
Notwithstanding the provisions of Subsection F above, the owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
H.
No conveyance, sale or transfer of Pinelands development credits shall occur until the borough, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
I.
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
[Amended 5-3-1993 by Ord. No. 407]
(1)
In the P-A District: agriculture; forestry; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, the clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; agricultural products processing facilities; and accessory uses.
[Amended 4-8-2019 by Ord. No. 676]
(2)
In all other Pinelands zoning districts: agriculture; forestry; and low-intensity recreational uses.
J.
Pinelands development credits shall be used in the following manner:
[Added 5-3-1993 by Ord. No. 407]
(1)
When a variance of density or minimum lot area requirements for the P-R3, P-R4, P-B2 or P-I Zone is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 6-2-1997 by Ord. No. 444]
(2)
When a variance for cultural housing is granted by the borough in accordance with § 150-199A(11) of this article.
(3)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
K.
In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the borough with evidence of his ownership of the requisite Pinelands development credits which have been redeemed with the borough.
[Added 5-3-1993 by Ord. No. 407]
§ 150-203 Number of principal uses per lot.
[Amended 4-9-2012 by Ord. No. 589]
No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management, and recreational development on agricultural lands.
§ 150-204 Expansion of nonconforming uses.
[Amended 6-2-1997 by Ord. No. 444]
Notwithstanding the use restrictions contained in this article, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in §§ 150-171 through 150-183 of this article, may be expanded or altered, provided that:
A.
The use was not abandoned or terminated subsequent to January 14, 1981.
B.
The expansion or alteration of the use is in accordance with all of the minimum standards of this article.
C.
The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
§ 150-205 Changes in nonconforming uses.
[Amended 6-2-1997 by Ord. No. 444]
Notwithstanding the use restrictions contained in this article, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than those uses which are expressly limited in §§ 150-171 through 150-183 of this article, may be changed to another use, provided that:
A.
The use was not abandoned or terminated subsequent to January 14, 1981.
B.
The new use is in accordance with all of the minimum standards of this article, including § 150-176B(4), unless a new septic system permit will not be required as a result of the change in use, in which case the standards of § 150-176A(2) and (3) must be met.
C.
The area, capacity and intensity of the new use is comparable to that of the existing use.