Dennis Township City Zoning Code
ARTICLE VI
Pinelands Area Development Procedures and Standards
§ 185-49 Special procedures for development.
A.
Applicability of procedures.
[Amended 11-13-18 by Ord. No. 2018-11]
(1)
No person shall carry out any development within the Pinelands Area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this chapter.
(2)
Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:
(a)
The improvement, expansion or reconstruction, within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto.
(b)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.
(c)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.
(d)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.
(e)
The repair of existing utility distribution lines and the installation of utility distribution lines.
[Amended 2-24-97 by Ord. No. 97-01]
(f)
The clearing of less than 1,500 square feet of land.
(g)
The construction of any addition or accessory structure for any non-residential use or any multi-family residential structure provided that:
[1]
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
[2]
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.
(h)
The demolition of any structure that is 50 years old.
(i)
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;
(j)
The repair or replacement of any existing on-site waste water disposal system;
(k)
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
(l)
The clearing of land solely for agricultural or horticultural purposes.
(m)
Fences, provided no more than 1,500 square feet of land is to be cleared;
(n)
Above-ground telephone equipment cabinets;
(o)
Tree pruning;
(p)
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; and
[4]
Forest stand improvement designated 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;
(q)
Prescribed burning and the clearing and maintaining of fire breaks; or
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to Section 165-54B(2)(c) of the Site Plan Review Chapter or Section 185-54C of this chapter. [A(2)(i)—A(2)(r) added 2-24-97 by Ord. No. 97-01]
(s)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
(t)
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.
(u)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
(v)
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.
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4)
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.
B.
Application requirements for minor development. 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 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 of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or 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, 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 suitable locations with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in Section 185-58.
[Amended 2-24-97 by Ord. No. 97-01]
(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 Agricultural 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.
C.
Application requirements for other development.
(1)
All applications for major development, other than forestry and resource-extraction operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)(5), as well as the following:
(a)
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.
D.
Notices to the Pinelands Commission.
[Amended 11-13-18 by Ord. No. 2018-11]
(1)
Application submission and modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the Township approval agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses and intensity of uses proposed.
(d)
The application number of the Certificate of Filing issued by the Pinelands Commission, and the date on which it was issued.
(e)
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.
(f)
The approval agency with which the application or change thereto was filed.
(g)
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.
(h)
The nature of the municipal approval or approvals being sought.
(2)
Meetings and 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:
(a)
The name and address of the applicant.
(b)
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other formal proceeding.
(d)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding is to be held.
(3)
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:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop.
(c)
The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval agency.
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.
(f)
Any revisions to the application not previously submitted to the Commission.
(g)
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.
(4)
Where an appeal of a decision is made to the Board of Adjustment or governing body, the applicant shall notify the Pinelands Commission by email or regular mail of the decision of the Board of Adjustment or governing body within five days following the decision on such an appeal. Such notification shall contain the information set forth in Subsection D(3) above.
E.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the township 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.
(2)
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 Pinelands Commission review of the local approval under this section.
(3)
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.
F.
Condition on prior approvals of the township. Where a prior approval has been granted by an approval agency, no subsequent approval shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review of the prior local approval is not required.
(2)
Review of the prior local approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the township from the Pinelands Commission.
G.
Effect of Pinelands Commission decision on township approval.
(1)
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, and the agency shall thereafter deny approval of the application.
(2)
If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had 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 that applicant.
H.
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
I.
Natural Resource Committee Review. All applications for major development, forestry and resource extraction maybe referred to the Natural Resource Committee for review and comment.
J.
Public development. All development proposed by the township of 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. and all the standards set forth in this chapter.
K.
Amendments. In amending the township's Master Plan or this chapter, the township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
§ 185-49.1 Procedures for applications for the development of a single family dwelling.
[Amended 2-24-97 by Ord. No. 97-01]
A.
The Zoning Officer is hereby authorized and directed 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.
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 Township of Dennis 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;.
[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; and
[9]
The location of any proposed water supply well.
(2)
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with the Zoning Chapter. 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 the Zoning Chapter.
(3)
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with the Zoning Chapter.
(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 issue either a preliminary zoning permit or a refusal to issue a preliminary zoning permit.
D.
Preliminary zoning permit.
(1)
A preliminary zoning permit shall be issued if:
(a)
The application is consistent with the requirements of the Zoning Chapter 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 any such 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 the Zoning Chapter 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 the Zoning Chapter and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 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 the Zoning Chapter of Dennis Township 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 issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
(a)
A variance from the Zoning Chapter of Dennis Township is required;
(b)
A variance from the Zoning Chapter of Dennis Township is not required but the Zoning Officer determines that the application does not meet any requirement of the Zoning Chapter that reflects a provision of the Pinelands Comprehensive Management Plan;
(c)
A Waiver of Strict Compliance from the Pinelands Comprehensive Management Plan is required; or
(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.
(2)
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from the Zoning Chapter, the refusal 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 a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from the Zoning Chapter, the Zoning Officer shall provide a copy of the application and the refusal to the Pinelands Commission within five days of the issuance.
(4)
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection F(l)(b), (c) or (d) above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. 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 Section 185-49 of the Zoning Chapter of Dennis Township. 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.
§ 185-50 Compliance required.
No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this article.
§ 185-51 Permitted uses in wetlands.
No development in the Pinelands Area shall be permitted in a wetland or in a wetlands transition area except for the following uses:
A.
Horticulture of native Pinelands species.
C.
Beekeeping.
E.
Fish and wildlife activities and wetlands management, in accordance with N.J.A.C. 7:50-6.10.
F.
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low- intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Section 185-52 below.
G.
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Section 185-52 hereof.
H.
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
I.
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
(1)
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
(2)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
(3)
The use represents a need which overrides the importance of protecting the wetland.
(4)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
(5)
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
§ 185-52 Adverse impacts.
A.
No development, except for those uses which are specifically authorized in Section 185-51A through D, shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
[Amended 2-24-97 by Ord. No. 97-01]
B.
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:
(1)
An increase in surface water runoff discharging into a wetland.
(2)
A change in the normal seasonal flow patterns in the wetland.
(3)
An alteration in the water table in the wetland.
(4)
An increase in erosion resulting in increased sedimentation in the wetland.
(5)
A change in the natural chemistry of the ground- or surface water in the wetland.
(6)
A loss of wetland habitat.
(7)
A reduction in wetland habitat diversity.
(8)
A change in wetland species composition.
(9)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
§ 185-53 Development restricted.
A.
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area 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.
[Amended 2-24-97 by Ord. No. 97-01]
B.
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 of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
C.
Protection of wildlife habitat. All development 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.
§ 185-54 Clearing of vegetation; landscaping.
[Amended 2-24-97 by Ord. No. 97-01]
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 Section 165-54B(2)(c) of the Site Plan Review Chapter 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; and
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings and other structures; or
(c)
When limited use of other shrubs or tree species is required for proper screening or buffering.
§ 185-55 Forestry.
[Amended 2-24-97 by Ord. No. 97-01]
A.
Permit required. No forestry in the Pinelands Area of the township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially improved parcels of land that are five 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; and
(5)
Prescribed burning and the clearing and maintaining of fire breaks.
B.
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
(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 (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 10-, 20-, and 40-year intervals;
[n]
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:
i.
Stand improvement practices;
ii.
Site preparation practices;
iii.
Harvesting practices;
iv.
Regeneration and reforestation practices;
v.
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
vi.
Herbicide treatments;
vii.
Silvicultural treatment alternatives;
viii.
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
ix.
Implementation instructions; and
x.
Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
[4]
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map was prepared;
[b]
An arrow designating the north direction;
[c]
A scale which is not smaller than one 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.
(h)
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in Sections 185-53A and 185-53B;
(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 Section 185-63;
(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:
(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 set forth in Sections 185-53A and 185-53B. 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 in this section;
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Section 185-63;
(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, non-chemical 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 re-sprouting 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, 180-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 50 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 25-acre or larger clearcut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15 year period. The buffer strip separating two 25-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 50-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger coppice cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15 year period. The buffer strip separating two 25-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 50 foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25-acre or larger seed tree cut from other 25-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a 15 year period. The buffer strip separating two 25-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 (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 dollars.
(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 fifteenth (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 D(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 of a sum of $250 dollars which shall serve as reimbursement for any administrative costs incurred by the municipality during the 10 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.
§ 185-56 Agricultural and fish and wildlife management activities.
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
§ 185-57 Waste management.
[Amended 2-24-97 by Ord. No. 97-01]
A.
No hazardous or toxic substances, including hazardous waters, 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.
§ 185-58 Water quality and treatment.
[2-24-97 by Ord. No. 97-01; amended 12-9-2002 by Ord. No. 2002-07; 11-13-18 by Ord. No. 2018-11; 7-9-2024 by Ord. No. 2024-04]
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 section.
(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.
The following point and nonpoint sources may be developed and operated in the Pinelands:
(1)
Development of new or the expansion of existing commercial, industrial and waste water treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in subsections B(2) through B(6) below, provided that:
(a)
There will be no direct discharge into any surface water body.
(b)
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.
(c)
All public 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)
The development of new wastewater treatment facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system 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.
(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 existing from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
(3)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above.
(b)
There is no increase in the existing approved capacity of the facility.
(c)
All discharged from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(4)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
(a)
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water 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(5)(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 Section 185-69 or N.J.A.C. 7:50-5.47;
(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, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;
(g)
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
(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 users. 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 waste water, provided that:
(b)
If the proposed development is non-residential and located outside of the PV zone, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that ground water 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 Section 185-69 or N.J.A.C. 7:50-5.47.
(7)
Alternate design pilot program treatment systems, provided that:
(a)
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this paragraph;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems are located will ensure that ground water 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 Section 185-69 or N.J.A.C. 7:50-5.47;
(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)
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)2.iv;
(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
(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 the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
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 septage disposal facility capacity is available, in accordance with the provisions of Chapter 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 local Board of Health a sworn statement that the facility has been inspected, cleaned and is functional, and setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
§ 185-59 Prohibited substances; storage of chemicals; use of herbicides.
B.
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
C.
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
D.
Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.
§ 185-60 Scenic corridors; screening; location of utilities.
A.
Setbacks and screening requirements for scenic corridors. No development shall be located within 200 feet of the center line of a public paved road in the PR, PF8 and PF25 Districts unless environmental or other physical considerations make it impractical to do so; provided, however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor, except in a cleared agricultural area. These requirements shall not apply to residential cluster developments in the PR, PF8 and PF25 Districts which comply with the standards of § 185-70.1.
[Amended 2-24-97 by Ord. No. 97-01]
B.
Notwithstanding the provisions of Subsection A above, all structures within 1,000 feet of the center line of West Creek within the Pinelands Area shall be designed to avoid visual impacts as viewed from the river.
C.
Screening and storage of motor vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, on any lot, unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors with a six foot high solid fence. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. These provisions shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes, nor for service stations which are proposed for use pursuant to Section 185-73 of this chapter.
D.
Location of utilities.
(1)
New utility distribution lines and telephone lines to locations not served by such utilities as of the date of this chapter shall be placed underground, except for those lines which are located on or immediately adjacent to active agricultural operations.
(2)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
§ 185-61 Fire management.
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in Section 185-7 of this chapter, unless such development complies with the following standards:
A.
All dead-end roads will terminate in an area adequate to provide ingress and egress for fire-fighting equipment.
B.
The rights-of-way of all roads will be maintained so that they provide an effective fire break.
C.
D.
All structures will meet the following specifications:
(1)
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.
(2)
All projections such as balconies, decks and roof gables shall be constructed of fire-resistant material or materials treated with fire-retardant chemicals.
(3)
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.
(4)
Flat roofs are prohibited in areas where vegetation is higher than the roof.
§ 185-62 Recreation.
All recreation areas and facilities in the Pinelands Area shall be designed in accordance with the New Jersey Department of Environmental Protection's publication Administration Guidelines: Barrier Free Design Standard for Parks and Recreation Facilities.
§ 185-63 Historic, archaeological and cultural resources.
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 Township Committee 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(4) 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 Township Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.
D.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50- 6.156(b).
E.
Cultural resource survey.
(1)
A cultural resource survey shall accompany all applications for development in a Pinelands Village 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, available at the principal offices of the Pinelands Commission.
[Amended 2-24-97 by Ord. No. 97-01]
(2)
In general, the survey shall include:
(a)
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.
(b)
A thorough search of state, local and any other pertinent inventories to identify sites of potential significance.
(c)
A review of the literature and consultation with professional and a vocational archaeologists knowledgeable about the area.
(d)
A thorough pedestrian survey and archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance.
(e)
A list of personnel involved and qualifications of the person(s) involved and qualifications of the person(s) performing the survey.
(3)
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
(4)
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, local community or the Pinelands.
(b)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
(c)
The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction.
(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 Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 2-24-97 by Ord. No. 97-01]
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).
§ 185-64 Resource extraction.
A.
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited.
B.
No resource extraction in the Pinelands shall be carried out by any person unless an application has been filed with and approved by the Planning Board. Said application shall contain the following information:
(1)
The applicant's name and address, and his interest in the subject property.
(2)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject property.
(5)
A brief written statement generally describing the proposed development.
(6)
A United States Geological Survey Quadrangle Map, or a copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands Management Area designation and zoning designation are shown.
(7)
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
(8)
The location, size and intended use of all buildings.
(9)
The location of all points of ingress and egress.
(10)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(11)
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
(12)
A soils map.
(13)
A reclamation plan which includes:
(a)
The method of stockpiling topsoil and overburden.
(b)
Proposed grading and final elevations.
(c)
Topsoil material application and preparation.
(d)
The type, quantity and age of vegetation to be used.
(e)
Fertilizer application, including method and rates.
(f)
The planting method and schedules.
(g)
A maintenance requirements schedule.
(14)
A signed acknowledgement from both the owner and the applicant that they are responsible for any resource-extraction activities which are contrary to any provisions of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
(15)
A performance guaranty in accord with the requirements of the Subdivision Ordinance, guaranteeing performance of the requirements of Subsection D below. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township of Dennis as the obligee, shall be posted by the property owner or his agent with the Township of Dennis.
(16)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
C.
Time limit on Board approval. Board approvals authorizing resource extraction shall be effective for a period of two years. Additional approvals shall be considered by the Board only if the requirements of this section have been met.
D.
Resource extraction standards. Resource-extraction activities shall:
(1)
Be designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than:
(2)
Be located on a parcel of land of at least 20 acres.
(3)
Provide that all topsoil that is necessary for restoration will be stored on the site, and will be protected from wind or water erosion.
(4)
Be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
(5)
Provide ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
(6)
Be designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
(7)
Not involve excavation below the seasonal high- water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the zoning district in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation, unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
(8)
Be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty (20) acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection D(9) below.
[Amended 2-24-97 by Ord. No. 97-01]
(9)
Not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
(10)
Involve restoration of disturbed areas at the completion of the resource-extraction operation in accordance with the following requirements:
(a)
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover is established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
(b)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the application.
(c)
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal, except as provided in Subsection D(10)(f) of this section.
[Amended 2-24-97 by Ord. No. 97-01]
(d)
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource-extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
[Amended 2-24-97 by Ord. No. 97-01]
(e)
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource-extraction operation was initiated.
(f)
Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one feet vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
[Amended 2-24-97 by Ord. No. 97-01]
(g)
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource-extraction operation is terminated and restoration is completed.
(h)
Reclamation shall, to the maximum extent practical, result in the re-establishment of the vegetation association which existed prior to the extraction activity and shall include:
[Amended 2-24-97 by Ord. No. 97-01]
[1]
Stabilization of exposed areas by establishing ground cover vegetation; and
[2]
Re-establishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[a]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
[b]
Cluster plating of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[d]
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
(i)
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[Amended 2-24-97 by Ord. No. 97-01]
(11)
Not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.
E.
The letter of credit, surety bond or other guaranty of performance which secures restoration of each section shall be released after the Township of Dennis has determined that the requirements of Subsection D(1) through D(11) above are being met and the guaranty of performance is replaced with a maintenance guaranty for a period of two years thereafter.
§ 185-65 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 2-24-97 by Ord. No. 97-01]
B.
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PF8, PF25, PR or PV Districts 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.
§ 185-66 Pinelands development credits.
A.
Pinelands Development Credits may be allocated to certain properties in the township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
B.
Pinelands Development Credits may be used in the township in the following circumstances:
(1)
When a variance for cultural housing is granted by the township.
(2)
When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV District is granted by the township, for all dwelling units or lots in excess of that otherwise permitted without the variance.
[Amended 2-24-97 by Ord. No. 97-01]
(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.
C.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands Development Credits are either allocated or used in the township.
[Amended 2-24-97 by Ord. No. 97-01]
§ 185-67 Cultural housing.
[Amended 2-24-97 by Ord. No. 97-01]
Residential dwellings on lots of 3.2 acres may be permitted in the PF8, PF25 and PR Districts, 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 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; and
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 20 different years, applicant's principal place of residence.
§ 185-68 Residential dwelling units.
Residential dwelling units on lots of one acre may be permitted in the PF8, PF25 and PR Districts, provided that:
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 township a variance from the 3.2 acre lot size requirement set forth in Section 185-67 above.
[Amended 2-24-97 by Ord. No. 97-01]
D.
The applicant purchases and redeems 0.25 Pinelands Development Credits.
§ 185-69 Density transfer program.
Single-family dwellings on lots of one acre existing as of January 14, 1981, shall be permitted in the PF8, PF25 and PR Zones, provided that:
A.
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
(1)
Five acres if development is proposed in the PR Zone.
(2)
Twenty-five and zero tenths acres if development is proposed in the PF25 Zone.
(3)
Eight acres if development is proposed in the PF8 Zone and all acquired noncontiguous lands are also located in the PF8 Zone.
(4)
Twenty-three and zero tenths acres if development is proposed in the PF8 Zone and all acquired noncontiguous lands are located in the PF25 Zone.
B.
If development is proposed in the PR Zone, all lands acquired pursuant to Subsection A above, which may or may not be developable, are located within the PR Zone.
C.
If development is proposed in the PF8 Zone, all lands acquired pursuant to Subsection A above, which may or may not be developable, are located in either the PF8 or PF25 Zones.
D.
If development is proposed in the PF25 Zone, all lands acquired pursuant to Subsection A above, which may or may not be developable, are located in the PF25 zone.
E.
All noncontiguous lands acquired pursuant to Subsections A through D above shall be permanently protected through recordation of a deed restriction in accordance with the following requirements:
(1)
The deed of restriction shall permit the parcel to be managed for:
(a)
Low intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this chapter;
(b)
Where agricultural use exists on a parcel proposed to be protected, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[3]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection (b)[2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection E(1)(a) above and shall not provide for continuation of any agricultural use on the parcel; and
[4]
The deed of restriction to be recorded pursuant to Subsection (b)[1] or [b][2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Cape May County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(2)
The deed of restriction shall be in favor of the parcel to be developed and the township or another public agency or non-profit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
F.
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.
§ 185-70 Public purpose uses.
All public purpose uses within the Pinelands Area shall conform to the provisions of this chapter, except those of Article VI and N.J.A.C. 7:50-4.51 et seq.
§ 185-70.1 Residential cluster development in the PR, PF8 and PF25 Districts.
A.
In the PR, PF8 and PF25 Districts, clustering of single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply:
(2)
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A(1) above, with a bonus applied as follows:
Parcel Size | PR and PF8 Zones | PF25 Zone |
|---|---|---|
<50 acres | 0 | 0 |
50-99.99 acres | 15% | 25% |
100-149.99 acres | 20% | 30% |
≥150 acres | 25% | 40% |
(3)
The residential cluster shall be located on the parcel such that the development area:
(4)
Development within the residential cluster shall be designed as follows:
(a)
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(c)
Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of Section 185-58 may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(5)(b)[2] below, individual on-site septic waste water treatment systems shall comply with the standards of Section 185-58. Community on-site waste water treatment systems serving two or more residential dwelling units which meet the standards of Section 185-58 shall also be permitted;
(d)
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(e)
Permitted recreation amenities may include playgrounds, tot lots, swimming pools, tennis courts and other such recreational facilities, which are solely for use by the residents of the cluster development. Recreational amenities shall not be limited to the foregoing so that the applicant may propose additional facilities. All such facilities shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
(5)
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association in accordance with Section 185-73D(23)(b)[8], a non-profit conservation organization, Dennis Township or incorporated as part of one of the lots within the cluster development area.
(a)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Dennis Township or another public agency or non-profit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(b)
The deed of restriction shall permit the parcel to be managed for:
[1]
Low intensity recreation, ecological management and forestry, provided that no more than five percent of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 185; and
[2]
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[a]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;
[c]
For those agricultural uses established after April 6, 2009 which do not meet the standards of Subsection (b)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with (b)[1] above and shall not provide for continuation of any agricultural use on the parcel;
[d]
The deed of restriction to be recorded pursuant to Subsections (b)[2][a] or (b)[2][b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a Resource Management System Plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the Resource Management System Plan shall be provided. If the deed of restriction is in favor of Cape May County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[e]
For parcels which meet the standards of Subsections (b)[2][a] or (b)[2][b] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.