Eagleswood City Zoning Code
ARTICLE XI
Pinelands Area Requirements
§ 295-60 Applicability.
The provisions of this article shall apply only to the Pinelands Area portion of Eagleswood Township and shall be considered supplemental to the requirements of the balance of this chapter. Lands within the Pinelands Area, as defined herein, shall be subject to all provisions of this chapter. When a requirement or definition in this article conflicts with other provisions of this chapter, the provisions of this article shall supersede the provisions of the remainder of this chapter.
§ 295-61 Definitions.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97; 12-28-2011 by Ord. No. 2011-08; 7-27-2015 by Ord. No. 2015-11; 11-26-2018 by Ord. No. 2018-6; 5-20-2024 by Ord. No. 2024-03]
A.
The following terms utilized in this article are used as defined in the New Jersey Comprehensive Management Plan, adopted by the New Jersey Pinelands Commission pursuant to Section 7 of the "Pinelands Protection Act" (N.J.S.A. 13:18A-1 et seq.), and are in accordance with N.J.A.C. 7:50-2.11, as amended, except where otherwise noted: accessory structure or use; agricultural commercial establishments; agricultural employee housing; agricultural or horticultural purpose or use; agricultural products processing facility; animals, threatened or endangered; application for development; artificial regeneration; bedding; broadcast scarification; camper; campsite; certification of appropriateness; certificate of conformity; certificate of filing; clearcutting; commencement of construction; Commission; comprehensive management plan; contiguous lands; coppicing; density; development; development, major; development, minor; disking; district; divert or diversion; drainage; drum chopping; dwelling; dwelling unit; electric distribution line; electric transmission line; enlargement; erosion; Executive Director; federal act; first order stream; fish and wildlife management; floodplains; floor area; forest stand; group selection; habitat; historic district; historic resource; hydrologic unit code-11 or HUC-11; hydrophytes; immediate family; impermeable surface; impervious surface; individual selection; institutional uses; interested person or party; interim rules and regulations; land; landfill; landscaping; leachate collector; local communications facility; mobile home; natural regeneration; navigable waters; nonconsumptive use; off-site commercial advertising sign; parcel; permeability; Pinelands; Pinelands Area; Pinelands Development Review Board; Pinelands native forest type; Pinelands Protection Act; Pinelands resource-related use; plants, threatened or endangered; preapplication conference; Preservation Area; Protection Area; public service infrastructure; recommended management practice; record tree; recreational facility, intensive; recreational facility, low intensive; resource conservation plan; resource extraction; resource management system plan; root raking; scenic corridors; seed tree cut; shelterwood cut; sign; solar energy facility; structural alteration; submerged lands; thinning; utility distribution line; vegetation; wetlands (N.J.A.C. 7:50-6.5); wetlands management; wetlands soils.
B. APPROVING AUTHORITY DEVELOPMENT APPROVAL DEVELOPMENT, MAJOR DEVELOPMENT, MINOR FORESTRY(1) (2) (3) (4) (5) (6) PINELANDS AREA PINELANDS DEVELOPMENT CREDIT PUBLIC PURPOSE/PUBLIC DEVELOPMENT SEASONAL HIGH-WATER TABLE SITE PLAN, MAJOR SITE PLAN, MINOR
As used in this article, the following terms shall have the meanings indicated:
Any board, body or other agency with the authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
Any approval granted by any approving authority, except certificates of occupancy and variances pursuant to N.J.S.A. 40:55D-70, which do not otherwise include an issuance of a construction permit, subdivision or site plan approval.
Any construction or expansion of any housing development of five or more dwelling units; or any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
All development other than that requiring a major site plan.
The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
Removal of trees located on a parcel of land of one acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
That area of Eagleswood Township designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.), being that portion of the Township lying west of the Garden State Parkway right-of-way.
A use right allocated to certain lands within Eagleswood Township and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on certain other lands within the Pinelands Area.
The development or subdivision of land by the Township Committee, School Board or any other officially created municipal agency or authority.
The level below the natural ground surface to which water seasonally rises in the soil in most years.
Any construction or expansion of any housing development of five or more dwelling units; or any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
All development other than that requiring a major site plan.
§ 295-62 Establishment of zones.
A.
List of zones. In order to regulate and limit the type and location of uses, and density and intensity with which lands are to be utilized, the Pinelands Area is hereby divided into two zones, which shall be known as:
PA—Preservation Area Zone | |
FA—Forest Area Zone |
B.
Official Zoning Map. The boundaries of the two zones established herein are shown upon the map accompanying this chapter, made a part thereof and entitled "Official Zoning Map of Eagleswood Township."
§ 295-63 PA - Preservation Area Zone.
Use of land in the Preservation Area Zone shall be limited to the following:
B.
Agricultural employee housing as an element of and accessory to an active agricultural operation.
C.
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
D.
Forestry.
E.
Beekeeping.
F.
Fish and wildlife management and wetlands management.
[Amended 12-28-2011 by Ord. No. 2011-08]
G.
Low-intensity recreational uses, provided that:
(1)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(2)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(3)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(4)
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre;
(5)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(6)
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 12-28-2011 by Ord. No. 2011-08]
H.
Public service infrastructure which is necessary to serve only the needs of the Preservation Area Zone. Centralized wastewater treatment and collection facilities shall be permitted to serve the Preservation Area Zone only in accordance with N.J.A.C. 7:50-6.84(a)2.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97]
J.
Accessory uses.
K.
Pinelands development credits established.
[Amended 4-11-1989 by Ord. No. 7-89; 12-11-1990 by Ord. No. 20-90]
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection K(2) below, every parcel of land in the Preservation Area Zone shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a municipality which has provided for the use of such credits by ordinance. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 12-8-1992 by Ord. No. 20-92]
(2)
Pinelands development credits are hereby established in the Preservation Area Zone at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
[Amended 6-19-1997 by Ord. No. 10-97]
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres; and
(d)
Wetlands: 0.2 Pinelands development credits per 39 acres.
(3)
The allocations established in Subsection K(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection K(7) below or when a variance for cultural housing is approved by the Township in accordance with § 295-66E of this chapter.
[Amended 12-8-1992 by Ord. No. 20-92]
(d)
The PDC entitlement for a parcel of land shall also be reduced by 0.25 PDC for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq., when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 12-8-1992 by Ord. No. 20-92]
(4)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection K(2) above for the area in which the parcel is located.
(5)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acres of land in the Preservation Area Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection K(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 6-19-1997 by Ord. No. 10-97]
(6)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity to those uses set forth in N.J.A.C. 7:50-5.47(b) by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 6-19-1997 by Ord. No. 10-97]
(7)
Notwithstanding the provision of Subsection K(6) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(8)
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
(a)
In the Preservation Area Zone: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.
[Amended 12-28-2011 by Ord. No. 2011-08; 11-26-2018 by Ord. No. 2018-6]
(b)
In all other Pinelands zoning districts: agriculture; forestry and low-intensity recreational uses.
[Added 12-8-1992 by Ord. No. 20-92]
(10)
Pinelands development credits shall be used in the following manner:
[Added 12-8-1992 by Ord. No. 20-92]
(11)
No development involving the use of PDCs shall be approved until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite PDCs; provided, however, that the Township may grant preliminary subdivision or site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of PDC ownership to secure the same proportion of lots or residential units as was approved for PDC use in the preliminary approval. In no case shall a building or construction permit be issued for any development involving the use of PDCs until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite PDCs and those PDCs have been redeemed with the Township.
[Added 12-8-1992 by Ord. No. 20-92]
L.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Preservation Area Zone shall be less than that needed to meet the water quality standards of § 295-71F(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 4-11-1989 by Ord. No. 7-89]
§ 295-64 FA - Forest Area Zone.
A.
The following uses shall be permitted in the Forest Area Zone:
(1)
Detached single-family dwelling units on 3.2 acres in accordance with the provisions of § 295-66D.
[Amended 4-11-1989 by Ord. No. 7-89]
(2)
Detached single-family residential dwelling units in accordance with the standards below, provided that clustering of the permitted dwellings shall be required in accordance with Subsection A(10) below whenever two or more units are proposed as part of a residential development.
[Amended 12-28-2011 by Ord. No. 2011-08]
(3)
Agriculture.
(4)
Agricultural employee housing as an element of and necessary to an active agricultural operation.
(5)
Forestry.
(6)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 12-28-2011 by Ord. No. 2011-08]
(7)
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to serve the Forest Area Zone only in accordance with N.J.A.C. 7:50-6.84(a)2.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97]
(9)
Accessory uses.
(10)
Detached single-family residential dwelling units on lots of 1.0 acre in accordance with the provisions of § 295-66E; and
[Added 12-8-1992 by Ord. No. 20-92]
(11)
Residential cluster development. Clustering of detached single-family residential dwelling units in the Forest Area Zone shall be required whenever two or more units are proposed as part of a residential development. The following standards shall apply.
[Added 12-28-2011 by Ord. No. 2011-08]
(a)
Permitted density: one unit per 17 acres.
(b)
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(11)(a) above, with a bonus applied as follows:
(c)
The residential cluster shall be located on the parcel such that the development area:
(d)
Development within the residential cluster shall be designed as follows:
[1]
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.
[3]
Individual on-site septic wastewater treatment systems, which are not intended to reduce the level of nitrate/nitrogen in the waste, that comply with the standards of § 295-71F(4)(d) 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(11)(e)[2][b] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 295-71F(4)(e) or N.J.A.C. 7:50-10.21 through 7:50-10.23. Community on-site wastewater treatment systems serving two or more residential dwelling units, which meet the standards of § 295-71F(4)(e) or N.J.A.C. 7:50-10.21 through 7:50-10.23, shall also be permitted.
[4]
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.
[5]
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.
(e)
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association, a nonprofit conservation organization, Eagleswood Township, or incorporated as part of one of the lots within the cluster development area.
[1]
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Eagleswood Township or another public agency or nonprofit organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
[2]
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; and
[b]
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[i]
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%;
[ii]
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;
[iii]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection A(11)(e)[2][b][ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection A(11)(e)[2][a] above and shall not provide for continuation of any agricultural use on the parcel;
[iv]
The deed of restriction to be recorded pursuant to Subsection A(11)(e)[2][b][i] or [ii] 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 Ocean County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[v]
For parcels which meet the standards of Subsection A(11)(e)[2][b][i] and [ii] 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.
B.
Conditional uses.
(1)
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or satellite development in the Forest Area Zone;
(b)
The application has demonstrated that adequate public service infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the Forest Area Zone in which the use is to be located.
(2)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
(3)
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
[Amended 6-19-1997 by Ord. No. 10-97]
(4)
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
[Amended 4-11-1989 by Ord. No. 7-89]
(5)
Fish and wildlife management and wetlands management.
[Amended 12-28-2011 by Ord. No. 2011-08]
(6)
Detached single-family dwelling units on 1.0 acre lots, existing as of January 14, 1981, shall be permitted in the FA Zone, provided that:
[Amended 12-8-1992 by Ord. No. 20-92]
(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 17 acres;
(b)
All lands acquired pursuant to Subsection B(6)(a) above, which may or may not be developable, are located within the FA Zone;
(c)
All noncontiguous lands acquired pursuant to Subsection B(6)(a) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 12-28-2011 by Ord. No. 2011-08]
[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:
[i]
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%;
[ii]
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;
[iii]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection B(6)(c)[1][b][ii] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection B(6)(c)[1][a] above and shall not provide for continuation of any agricultural use on the parcel; and
[iv]
The deed of restriction to be recorded pursuant to Subsection B(6)(c)[1][b][i] or [ii] 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 Ocean 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 nonprofit 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 Attorney and the Pinelands Commission.
(d)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
C.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FA Zone shall be less than that needed to meet the water quality standards of § 295-71F(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 4-11-1989 by Ord. No. 7-89]
§ 295-65 Substandard lots.
[Amended 6-19-1997 by Ord. No. 10-97]
Notwithstanding the density limitations or other provisions of this chapter, a single-family dwelling may be developed on any parcel of land of one acre or more in the Forest Area Zone, provided that:
A.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
B.
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
C.
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and
D.
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
§ 295-66 General regulations for Pinelands Area.
[Amended 4-11-1989 by Ord. No. 7-89]
The following general regulations apply only to the development of lands in the Pinelands Area and are in addition to those regulations cited in Article III of this chapter:
A.
Expansion of existing uses. Notwithstanding the use restrictions contained in §§ 295-63 and 295-64 of this chapter, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in this chapter, may be expanded or altered, provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
(1)
The use was not abandoned or terminated subsequent to January 14, 1981;
(2)
The expansion or alteration of the use is in accordance with all of the minimum standards of § 295-71; and
(3)
The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
B.
Height limitations.
[Amended 6-19-1997 by Ord. No. 10-97]
(2)
The height limitation in Subsection B(1) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the objectives of § 295-71G: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
C.
Single use per lot. Within the Pinelands Area, no more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management and recreational development on agricultural lands.
[Amended 12-28-2011 by Ord. No. 2011-08]
D.
Cultural housing. Residential dwellings on 3.2 acre lots may be permitted in the Preservation Area and Forest Area Zones, provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(2)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
(3)
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
(4)
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.
E.
Additional provisions for cultural housing. Residential dwelling units on one-acre lots may be permitted within the PA and FA Zones, provided that:
[Added 12-8-1992 by Ord. No. 20-92]
(2)
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 the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;
(3)
The applicant qualifies for and receives from the Township a variance from the 3.2-acre lot size requirement set forth in Subsection D above;
(4)
The applicant purchases and redeems 0.25 Pinelands development credit; and
(5)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 295-63K(3) of this chapter.
§ 295-67 Applicability of procedures.
[Amended 4-11-1989 by Ord. No. 7-89]
A.
No person shall carry out any development within the Pinelands Area without obtaining approval from an approving authority and without obtaining development approval in accordance with the procedures set forth in this chapter.
C.
Site plan approval shall be required prior to the issuance of a zoning permit for all applications except those exempted pursuant to Subsection D below and those which involve a single-family or two-family dwelling.
[Amended 6-27-1989 by Ord. No. 11-89]
D.
Except as provided in Subsection E below, the following shall not be subject to the procedures set forth in this chapter:
(1)
The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto;
(2)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;
(3)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(4)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(5)
The repair of existing utility distribution lines;
[Amended 6-19-1997 by Ord. No. 10-97]
(6)
The clearing of less than 1,500 square feet of land;
(7)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:
[Amended 11-26-2018 by Ord. No. 2018-6]
(a)
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(8)
The demolition of any structure that is less than 50 years old;
(9)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
[Added 6-19-1997 by Ord. No. 10-97]
(10)
The repair or replacement of any existing on-site wastewater disposal system;
[Added 6-19-1997 by Ord. No. 10-97]
(11)
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.
[Added 6-19-1997 by Ord. No. 10-97; amended 11-26-2018 by Ord. No. 2018-6]
(12)
The clearing of land solely for agricultural or horticultural purposes.
[Added 6-19-1997 by Ord. No. 10-97; amended 11-26-2018 by Ord. No. 2018-6]
(13)
Fences, provided no more than 1,500 square feet of land is to be cleared;
[Added 6-19-1997 by Ord. No. 10-97]
(14)
Aboveground telephone equipment cabinets;
[Added 6-19-1997 by Ord. No. 10-97]
(15)
Tree pruning;
[Added 6-19-1997 by Ord. No. 10-97]
(16)
The following forestry activities:
[Added 6-19-1997 by Ord. No. 10-97]
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity, and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(17)
Prescribed burning and the clearing and maintaining of firebreaks; or
[Added 6-19-1997 by Ord. No. 10-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 295-35A(2) or 295-68B(1)(o).
[Added 6-19-1997 by Ord. No. 10-97]
(19)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 11-26-2018 by Ord. No. 2018-6]
(20)
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 11-26-2018 by Ord. No. 2018-6]
(21)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 11-26-2018 by Ord. No. 2018-6]
(22)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 11-26-2018 by Ord. No. 2018-6]
E.
The exceptions contained in Subsection D above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
F.
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.
§ 295-68 Application requirements for development.
[Amended 4-11-1989 by Ord. No. 7-89]
A.
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 USGS quadrangle map, or copy thereof, and a copy of the municipal Tax Map sheet on which the boundaries of the subject property and the Pinelands management 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. Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
(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 a suitable location 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 § 295-71F.
(8)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
(9)
A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Natural Resources 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; and
B.
Application requirements for other development.
(1)
Major development. Any application for approval of major development, except for forestry operations, shall include at least the following information:
(a)
The applicant's name and address and his interest in the subject property;
(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 legal description, including block and lot designation and street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed development, the number of total units, and the floor area of all units to be included in the proposed development;
[Amended 6-19-1997 by Ord. No. 10-1997]
(g)
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 wastewater treatment facilities:
[1]
Sanitary sewer distribution. Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;
[2]
On-site treatment facilities. Location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;
[3]
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered, and estimating the seasonal high-water table; and
[4]
The proposed hours and days of operation and number of employees of any nonresidential facility.
(h)
A project site base map, at a scale of no less than one inch to 200 feet and including the areas 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, if any, 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;
(i)
A soils map including a county soils survey in conformance with the guidelines of the United States Department of Agriculture Natural Resources Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map;
(j)
A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;
(k)
A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in this plan. This map should be prepared prior to any engineering, site layout or design work;
(l)
A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use area boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development, and the tree line before and after development;
(m)
A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high-water table;
(n)
Legal instruments evidencing the applicant's right, title and interest in any Pinelands development credits and any existing or proposed deed restrictions or easements relating to the subject parcel;
(o)
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils; landscaping plans shall incorporate the elements set forth in § 295-71B(4);
[Added 6-19-1997 by Ord. No. 10-97]
(p)
All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;
(r)
A list of all permits required for the proposed development from county, municipal, state and federal agencies;
(s)
A certificate of filing from the Pinelands Commission, issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
§ 295-69 Notices to Pinelands Commission
[Amended 4-11-1989 by Ord. No. 7-89; 11-26-2018 by Ord. No. 2018-6]
A.
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:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(3)
A brief description of the proposed development, including uses and intensity of uses proposed;
(4)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(5)
The date on which the application, or any change thereto, was filed and any docket number or other identifying number assigned to the application by the Township approval agency;
(6)
The Township approval agency with which the application or change thereto was filed;
(7)
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plan or reports; and
(8)
The nature of the municipal approval or approvals being sought.
B.
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:
(1)
The name and address of the applicant;
(2)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing or other formal proceeding;
(4)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;
(5)
Any written reports or comments received by the Township approval agency on the application for development that have not been previously submitted to the Commission; and
(6)
The purpose for which the meeting, hearing or other formal proceeding is to be held.
C.
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any Township approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(3)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(4)
The date on which the approval or denial was issued by the Township approval agency;
(5)
Any written reports or comments received by the Township approval agency on the application for development that have not been previously submitted to the Commission;
(6)
Any revisions to the application not previously submitted to the Commission; and
(7)
A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.
§ 295-70 Review procedures.
[Amended 4-11-1989 by Ord. No. 7-89]
A.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 295-69C above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 7:50-4.42. 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.
B.
Conditions on prior approvals of the Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review of the Township's approval is not required; or
(2)
Review of the approving authority's 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.
C.
Effect of Pinelands Commission decision on Township approval. If the Pinelands Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority within 30 days, and the authority shall thereafter deny approval of the application. If the Commission approves the decision of an approving authority subject to conditions, the approving authority 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 the applicant.
D.
Participation of the 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.
E.
Environmental Commission review. All applications for major development and forestry shall be referred to the Environmental Commission for review and comment.
§ 295-71 Supplemental design standards and management programs.
[Amended 4-11-1989 by Ord. No. 7-89; 6-27-1989 by Ord. No. 11-89; 12-8-1992 by Ord. No. 20-92; 6-19-1997 by Ord. No. 10-97; 12-28-2011 by Ord. No. 2011-08; 11-26-2018 by Ord. No. 2018-6; 5-20-2024 by Ord. No. 2024-03]
The minimum standards and management programs of this section shall be applicable to all proposed development in the Pinelands Area. These standards shall be deemed supplemental to the standards and requirements applicable to development in the non-Pinelands Area of the Township. In the case of conflict with other standards of this chapter, the design standards and management programs contained in this section shall supersede all other requirements and standards.
A.
Wetlands. Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized below:
(1)
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands, subject to the requirements of Subsection F of this section. Beekeeping shall also be permitted in all wetlands.
(2)
Forestry shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.41 through 7:50-6.44.
(3)
Fish and wildlife activities and wetlands management shall be permitted in accordance with N.J.A.C. 7:50-6.10.
(4)
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 N.J.A.C. 7:50-6.7.
(5)
Docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as defined by N.J.A.C. 7:50-6.7, and conforms to all state and federal regulations.
(6)
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that there is a demonstrated need for the facility that cannot be met by existing facilities; the development conforms with all state and federal regulations; and the development will not result in a significant adverse impact as defined by N.J.A.C. 7:50-6.7.
(7)
Bridges, roads, trail, and utility transmission and distribution facilities and other similar linear facilities, provided that:
(a)
There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(c)
The use represents a need which overrides the importance of protecting the wetland;
(d)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(e)
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development, as determined exclusively based on the existence of special and unusual circumstances.
(8)
No development, except for those uses which are specifically authorized in this subsection, shall be carried out within 300 feet of any wetlands unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetlands as defined by N.J.A.C. 7:50-6.7.
B.
Vegetation and landscaping. Development within the Pinelands Area shall conform to the following standards with respect to vegetation and landscaping:
(1)
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.
(2)
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(4) below.
(4)
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 B(3) above or required pursuant to § 295-35A(2)(x) shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
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;
(c)
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
(d)
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:
[1]
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;
[2]
For limited ornamental purposes around buildings and other structures; or
[3]
When limited use of other shrubs or tree species is required for proper screening or buffering.
(5)
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.
C.
Fish and wildlife. Development within the Pinelands Area shall conform to the following standards with respect to fish and wildlife:
(1)
No development shall be carried out 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.
D.
Forestry.
(1)
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:
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity, and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and
(e)
Prescribed burning and the clearing and maintaining of firebreaks.
(2)
Forestry application requirements. The information in Subsection D(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
(a)
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission, as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b)
For all other forestry applications:
[1]
The applicant's name and address and his or her interest in the subject parcel;
[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 description, including block and lot designation and street address, if any, of the subject parcel;
[4]
A description of all existing uses of the subject parcel;
[5]
A brief written statement generally describing the proposed forestry operation;
[6]
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;
[7]
A forestry management plan that includes, as appropriate:
[a]
A cover page for the plan, containing:
[i]
The name, mailing address and telephone number of the owner of the subject parcel;
[ii]
The municipality and county in which the subject parcel is located;
[iii]
The block and lot designation and street address, if any, of the subject parcel;
[iv]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[v]
The date the plan was prepared, subsequent revision dates, and the period of time the plan is intended to cover.
[b]
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.
[c]
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:
[i]
The number of acres;
[ii]
The general condition and quality of each stand;
[iii]
The overall site quality, relative to the management goals and objectives identified in Subsection D(2)(b)[7][b] above;
[iv]
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;
[v]
The age of representative trees;
[vi]
The species composition, including overstory, understory, ground layer structure and composition;
[vii]
The stand cohort composition;
[viii]
The percent cover;
[ix]
The basal area;
[x]
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[xi]
The condition and species composition of advanced regeneration, when applicable;
[xii]
A stocking table showing the stocking levels, growth rates and volume;
[xiii]
Projections of intended future stand characteristics at ten-, twenty- and forty-year intervals;
[xiv]
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:
[A]
Stand improvement practices;
[B]
Site preparation practices;
[C]
Harvesting practices;
[D]
Regeneration and reforestation practices;
[E]
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[F]
Herbicide treatments;
[G]
Silvicultural treatment alternatives;
[H]
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[I]
Implementation instructions; and
[J]
Measures that will be taken to prevent the potential spread of exotic plant species or Phragmites into wetlands; and
[xv]
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
[d]
A map of the entire parcel, which includes the following:
[i]
The owner's name, address and the date the map was prepared;
[ii]
An arrow designating the North direction;
[iii]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[iv]
The location of all property lines;
[v]
A delineation of the physical features such as roads, streams and structures;
[vi]
The identification of soil types (a separate map may be used for this purpose);
[vii]
A map inset showing the location of the parcel in relation to the local area;
[viii]
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
[ix]
A legend defining the symbols appearing on the map.
[9]
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 Subsection J;
[10]
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 D(3)(i)[2] below;
[11]
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;
[12]
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 D(3) below;
[13]
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
(a)
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;
(b)
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;
(c)
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:
[1]
Clearcutting cedar and managing slash;
[2]
Controlling competition by other plant species;
[3]
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
[4]
Utilizing existing streams as cutting boundaries, where practical;
[5]
Harvesting during dry periods or when the ground is frozen; and
[6]
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
(d)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in Subsections B(5) and C(1). 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;
(e)
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;
(f)
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 Subsection J;
(g)
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;
(h)
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:
(i)
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
[1]
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;
[2]
Herbicide treatments shall be permitted, provided that:
[a]
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection D(2)(b)[10] above;
[b]
Control of competitive plant species is clearly necessary;
[c]
Control of competitive plant species by other, nonchemical, means is not practical;
[d]
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
[e]
In Pine-Shrub Oak Native Forest Types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment.
[3]
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
[4]
Disking shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native Forest Types;
[b]
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:
[i]
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
[ii]
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[c]
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
[d]
It shall follow land contours when slopes are discernible.
[5]
Root raking shall be permitted, provided that:
[a]
It shall not be permitted in Pine-Shrub Oak Native Forest Types or Pine Plains Native Forest Types;
[b]
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
[c]
Root raking debris shall not be piled in wetlands.
[6]
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
[7]
Drum chopping shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native Forest Types except to create road-shoulder fuel breaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
[b]
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
[c]
It shall adhere to the following procedures:
[i]
No more than two passes shall be permitted, except to create scattered early successional habitats under two acres in size;
[ii]
Drums shall remain unfilled when used during the dormant season;
[iii]
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;
[iv]
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[v]
Avoid short-radius, 180° turns at the end of each straight pass.
(j)
The following standards shall apply to silvicultural practices for harvesting:
[1]
Clearcutting shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native Forest Types;
[b]
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[c]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clear cut and the parcel boundaries;
[d]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each 25 acres or larger clear cut from other 25 acres or larger clear cuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25 acres, to a maximum of 300 feet in width;
[e]
Where present on a parcel, a minimum of 18 dead snags per acre of at least ten-inch-diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
[f]
The area of the parcel subject to the clear cut shall have contoured edges unless the boundary of the clear cut serves as a firebreak, in which case straight edges may be used.
[2]
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clear cuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25 acres, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead snags per acre of at least ten-inch DBH and six feet in height shall be left on the parcel for a minimum of five years; and
[e]
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.
[3]
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clear cuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25 acres, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead snags per acre of at least ten-inch DBH and six feet in height shall be left on the parcel for a minimum of five years;
[e]
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;
[f]
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[g]
Residual seed trees shall be distributed evenly throughout the parcel.
[4]
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
(k)
The following standards shall apply to silvicultural practices for forest regeneration:
[1]
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 D(3)(k)[2] below; and
[2]
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[a]
The use of nonnative cuttings, seedlings or seeds shall not be permitted;
[b]
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;
[c]
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[d]
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.
(l)
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.
(m)
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.
(n)
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
(4)
Forestry permit procedures.
(b)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection D(4)(b) 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 D(3) above or disapprove any application which does not meet the requirements of Subsection D(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection D(4)(c) 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 D(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(4)(c) above.
(e)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(4)(c) and (d) 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.
(g)
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 subsection and the Pinelands Comprehensive Management Plan are met.
(5)
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(4)(c) above, the applicant shall be required to pay a sum as set forth in Chapter 135, Fees, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.[2]
(6)
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.
E.
Agriculture. Agricultural activities within the Pinelands Area shall conform to the following standards:
(1)
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 conformance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Natural Resources Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
F.
Water quality. Development within the Pinelands Area shall conform to the following standards with respect to water quality:
(1)
All development permitted under this chapter shall be designed and carried out so that the quality of surface water and groundwater will be protected and maintained. Agricultural use shall not be considered development.
(2)
No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.
(3)
Except as specifically authorized in this section, no development which degrades surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.
(4)
The following point and nonpoint sources may be developed and operated in the Pinelands:
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection F(4)(b) through (e) below, provided that:
[1]
There will be no direct discharge into any surface water body;
[2]
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;
[3]
All public wastewater treatment facilities are designed to accept and treat septage; and
[4]
All storage facilities, including ponds and lagoons, are lined to prevent leakage into groundwater.
(b)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection F(4)(a)[2] above, provided that:
[1]
There will be no direct discharge into any surface water body;
[2]
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;
[3]
Adherence to Subsection F(4)(a)[2] above cannot be achieved due to limiting site conditions or the costs to comply with the standard will result in excessive user fees; and
[4]
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
(c)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
[1]
There is no practical alternative available that would adhere to the standards of N.J.A.C. 7:50-6.84(a)1i;
[2]
There is no increase in the existing approved capacity of the facility; and
[3]
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(d)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[1]
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
[2]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] 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 § 295-63K or 295-64B(6);
[3]
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;
[4]
The depth to seasonal high-water table is at least five feet;
[5]
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;
[6]
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;
[7]
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
[8]
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(e)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[2]
The proposed development is residential, or, if nonresidential, is located in the FA zone and the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
[3]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] 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 § 295-63K or 295-64B(6).[3]
(5)
The owner of every on-site septic waste 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 21 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; and
(c)
Once every three years submit to the Board of Health serving Eagleswood Township a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
(6)
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.
(7)
Prohibited chemicals and materials.
(a)
Use of septic tank cleaners and waste oil is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances into the groundwater or any land.
(b)
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soils 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)
No hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic or nuclear waste shall be stored, discharged or disposed of on any land within the Pinelands. Liquid or dewatered sludge may only be applied as part of a land application program for agricultural purposes when also approved by the New Jersey Department of Environmental Protection.
(8)
Water management.
(a)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(b)
A diversion within the Pinelands Area portion of Eagleswood Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection F(8)(b)[1] and [2] below, or outside of either basin, shall be prohibited.
[1]
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
[2]
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20, as identified by the New Jersey Department of Environmental Protection.
(c)
A diversion within the Pinelands Area portion of Eagleswood Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection F(8)(b)[1] and [2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection F(8)(d) below.
(d)
Within the Pinelands Area portion of Eagleswood Township, a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion"), shall be prohibited unless it meets the criteria of Subsection F(8)(d)[1] below. "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
[1]
A proposed diversion shall only be permitted if it is:
[a]
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
[b]
Any proposed diversion that is exclusively for agricultural or horticultural use; or
[c]
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.
G.
Scenic. All proposed development within the Pinelands Area shall conform to the requirements of this subsection to ensure that development will take advantage of and enhance the visual character of the Pinelands.
(1)
Scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the PA - Preservation Area Zone and FA - Forest Area Zone shall be considered scenic corridors.
(2)
Special requirements for scenic corridors.
(a)
Except as otherwise provided in this subsection, no permit shall be issued for development other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the scenic corridor.
(b)
If compliance with the two-hundred-foot setback is contained by environmental or other physical considerations, such as wetland or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection B, Vegetation and landscaping, of this section so as to provide screening from the corridor.
(c)
The requirements of Subsection G(2)(a) and (b) above shall not apply to residential cluster developments in the Forest Area Zone which comply with the standards of § 295-64A(10).
(3)
Signs, Pinelands Area.
(a)
No sign, other than a warning or safety sign, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted in the Pinelands Area.
(b)
No sign, other than a warning or safety sign, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Pinelands Area.
(c)
No outdoor off-site commercial advertising signs, other than signs advertising agricultural commercial establishments, shall be permitted in the Pinelands Area of Eagleswood Township. Outdoor off-site signs advertising agricultural commercial establishments shall be permitted, provided that:
(d)
Any existing sign which does not conform to Subsection B(3)(a), (b) and (c) above shall be permitted to continue beyond January 14, 1991.
(e)
To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.
(4)
Signs. PA - Preservation Area Zone.
(a)
No sign shall be constructed, repaired or maintained except in accordance with the provisions of Subsection G(3) and this subsection.
(b)
The following signs are permitted in the PA - Preservation Area Zone:
[1]
Official public safety and information sign displaying road names, numbers and safety directions.
[2]
On-site signs advertising the sale or rental of the premises, provided that the area on one side of any such sign shall not exceed 12 square feet and no more than one sign is located on any parcel of land held in common ownership.
[3]
Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.
[4]
On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that the size of any such sign shall not exceed 12 square feet and no more than one sign is placed on any single property.
[5]
On-site professional, home occupation or name signs indicating the profession and/or activity and or name of the occupant of the dwelling, provided that the size of any such sign shall not exceed 12 square feet and no more than one sign is permitted for any individual parcel of land.
[6]
On-site business or advertising signs, provided that no more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment and the total of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.
[7]
Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.
[8]
Temporary on- and off-site signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.
(5)
Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
H.
Fire management. All proposed development within the Pinelands Area shall conform to the requirements of this subsection in order to protect life and property from forest fires.
(1)
The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:
Fire Hazard Classification | |
|---|---|
Hazard | Vegetation Type |
Low | Atlantic White Cedar hardwood swamps |
Moderate | Non-pine barrens forest and prescribed burned areas |
High | Pine barrens forest including mature forms of pine, pine-oak or oak-pine |
Extreme | Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland |
(2)
No application for development approval shall be granted in moderate, high and extreme fire hazard areas unless the applicant demonstrates the following:
(a)
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support firefighting equipment;
(b)
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment;
(c)
The rights-of-way of all roads will be maintained so that they provide an effective firebreak;
(d)
A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
[1]
In moderate fire hazard areas a fuel break of 30 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis and all dead plant material is removed.
[2]
In high fire hazard areas a fuel break of 75 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis and all dead plant material is removed.
[3]
In extreme fire hazard areas a fuel break of 100 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis, no pine tree (Pinus spp.) is closer than 25 feet to another pine tree, and all dead plant material is removed.
(e)
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 materials or materials treated with fire-retardant chemicals.
[3]
Any opening in the roof, attic and the floor shall be screened.
[4]
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.
[5]
Flat roofs are prohibited in areas where vegetation is higher than the roof.
I.
Recreation. All proposed development within the Pinelands Area shall conform to the following requirements:
(1)
No power vessel in excess of 10 horsepower shall operate on waters within the Pinelands Area.
(2)
No motor vehicles other than fire, police or emergency vehicles or those vehicles used for the administration or maintenance of any public land shall be operated upon publicly owned land within the Pinelands Area. Other motor vehicles may operate on public lands for recreational purposes, on public highways and areas on land designated, prior to August 8, 1980, for such use by the State of New Jersey until designated as inappropriate for such use by the Pinelands Commission.
(3)
Route maps for organized off-road vehicle events shall be filed with an approved plan by the Executive Director.
(4)
All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication "Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities."
(5)
Improved bicycling facilities are provided only in conjunction with paved roads.
J.
Historic preservation.
(1)
The Land Use 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 J(5)(b) below.
(2)
Authority to issue certificates of appropriateness.
(3)
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
(4)
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
(5)
A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
(a)
This requirement for a survey may be waived by the local approval agency, if:
[1]
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
[2]
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
(b)
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:
[1]
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; or
[2]
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
[3]
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or
[4]
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.
(6)
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Land Use Board.
(7)
The effect of the issuance of a certificate of appropriateness is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in Subsection J(7)(b) below.
(b)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection J(5) 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.
(8)
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:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(d)
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.
(9)
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Land Use 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).
K.
Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
L.
Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
M.
Air quality.
(1)
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.
(2)
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PA or FA Zones 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.
§ 295-72 Waiver of strict compliance with article and Pinelands Comprehensive Management Plan.
A.
The procedures and standards established by this article and the Pinelands Comprehensive Management Plan and applicable to all development within the Pinelands Area shall be in effect and enforceable unless a waiver of strict compliance shall have been obtained from the Pinelands Commission, in accordance with the provisions of N.J.A.C. 7:50-4.51 through 7:50-4.57.
B.
A duplicate copy of any application for waiver of strict compliance filed with the Pinelands Commission shall be submitted to the Township Clerk by the applicant within five days of filing with the Commission.
C.
The applicant shall provide a copy of the Executive Director's written notification of decision on any application for waiver of strict compliance within 10 days of such decision.
§ 295-73 Public development.
All development proposed by Eagleswood Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.41 et seq., and all the standards set forth in this article.
§ 295-74 Conflicting provisions.
The standards and regulations in this article applicable to the Pinelands Area are intended to be the minimum provisions necessary to achieve the purposes and objectives of this article and the Pinelands Protection Act. In the event of a conflict between the provisions, the stricter provision shall apply.
§ 295-75 Amendments.
In amending this article, the Township's Master Plan or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.