There is a demonstrated need for the facility that cannot be met by existing facilities;

The development conforms to all state and federal regulations; and

The development will not result in a significant adverse impact on the wetland as set forth in Subsection B below.

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;

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

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.

An increase in surface water runoff discharging into a wetland.

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

An alteration of the water table in the wetland.

An increase in erosion resulting in increased sedimentation in the wetland.

A change in the natural chemistry of the ground- or surface water in the wetland.

A loss of wetland habitat.

A reduction in wetland habitat diversity.

A change in wetlands species composition.

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

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;

For limited ornamental purposes around buildings and other structures; or

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

There will be direct discharge into any surface water body.

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.

All public wastewater treatment facilities are designed to accept and treat septage.

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

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

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

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

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.

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

There is no increase in the existing approved capacity of the facility.

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.

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

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 253-97G or 253-160I;

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;

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

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;

The system will be maintained and inspected in accordance with the requirements of Subsection C below;

The technology has been approved for use by the New Jersey Department of Environmental Protection; and

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.

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

The proposed development is residential, or if nonresidential, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.

The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 253-97G or 253-160I.

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

The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended. subject to the provisions of Subsection (7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 253-97G or 253-160I;

Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

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

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;

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

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

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

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

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

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

No system shall be installed after August 5, 2007.

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

Have the facility cleaned at least once every three years.

Once every three years, submit to the local Board of Health 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.

Septic tank cleaners.

Waste oil.

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

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

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

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

A proposed diversion shall be permitted only in the following Pinelands Management Areas: Rural Development Area; and Agricultural Production Area.

A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.

A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.

An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.

No more than two signs may be placed in any one direction along each road directly approaching the establishment.

No sign along four-lane state or federal highways shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

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

All dead plant material is removed.

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

All dead plant material is removed.

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

No pine tree (species Pinus) is closer than 25 feet to another pine tree.

All dead plant material is removed.

There is insufficient evidence of significant cultural activity on the project site;

In the case of archaeological resources, within the vicinity, 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

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection E(2) below.

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.

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.

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.

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.

Method of stockpiling topsoil and overburden.

Proposed grading and final evaluations.

Topsoil material application and preparation.

Type, quantity and age of vegetation to be used.

Fertilizer application, including method and rates.

Planting method and schedules.

Maintenance requirements schedule.

Solar panels shall be located so that any glare is directed away from an adjoining property, or the applicant must provide evidence that the solar panels do not emit glare.

Solar panels shall be permitted as ground arrays in any residential zoning district in accordance with the following:

Noise. All residential solar energy systems shall comply with the following:

The site proposed for a solar energy facility shall have a minimum lot area of at least five contiguous acres and a maximum of 20 contiguous acres that are owned by the same person or entity and shall otherwise comply with the lot width, lot depth and other dimensional requirements of the zoning district.

Except pursuant to a permit issued by NJDEP, no portion of such facility shall occupy any area of land designated and regulated by NJDEP as floodplain, flood hazard area, wetlands, wetlands transition area or riparian corridor. An applicability determination from the NJDEP shall be provided as a condition of approval to document the presence and/or absence of these regulated areas at the time a site plan is submitted. This applicant shall also maintain the minimum required riparian buffer along any C-1 waterway in accordance with the surface water quality standards rules at N.J.A.C. 7:9B-1.4, even if the riparian buffer area was previously disturbed for agricultural purposes.

Such facilities shall not occupy areas of land designed by the NJDEP as critical habitat for state threatened and/or endangered species of flora and fauna. Moreover, no land having slopes over 30% shall be occupied by such facilities.

Woodlands shall not be clear cut to accommodate such facilities. Any removal of more than 10 trees having a diameter in excess of 12 inches dbh (diameter at breast height) shall require replacement onsite of all but the first 10 trees.

An applicant seeking approval of a solar energy facility (major/commercial) shall provide documentation and evidence of a firm commitment from the electric utility that the alternative electrical energy to be generated by the solar and photovoltaic energy facilities and structures shall be purchased or utilized by an improvement onside and/or purchased or utilized by the electricity utility provider.

Such facility shall not occupy any area outside the required principal building setback lines for the zoning district in which the facility is to be located except that utility poles for outside connections to the electrical power grid may be placed outside the required principal building setback lines. A security fence is required around the entire perimeter of the facility. The security fencing shall be located within or at the required principal building setback lines; however, landscaping, buffering and berms may be located outside the required principal building setback lines.

The maximum building coverage limits for principal and accessory structures in this zoning district shall not apply to such facilities; provided, however, that all setback and buffering requirements of this section and for this zoning district shall be met and further provided that no development shall be permitted to occur in any area of the lot in which development is prohibited by regulation of either this Township or the State of New Jersey.

The maximum permitted vertical height about ground for the highest point of any ground-mounted solar and photovoltaic energy panels shall be 10 feet or 14 feet at the lower part of a grade if located on a slope.

The minimum vegetated visual buffer width for such facility shall be the greater of 50 feet or the minimum requirement for other uses in the same zone.

Such facility shall be screened by topography and/or natural vegetation, supplemented by additional plantings as needed, or by berms and landscaping, from public traveled ways (public roads, navigable waterways, and publicly available trails on land owned by or held by easement of a public entity), residential buildings on an adjoining lot, open space owned by or subject to easement of a public entity, and historic sites and buildings listed in the State and/or National Registers of Historic Places.

Only nonglare glass shall be used to minimize the potential for reflective glare.

No portion of the facility or its component parts shall be used for displaying ay advertising. Signage shall be limited to the identification and safety signage permitted elsewhere in this section.

All new distribution or transmission power lines on site shall be place underground except as necessary to connect to already existing aboveground power towers, poles and lines. Feeder liens and collection lines may be place overhead near substations or points of interconnection to the electric grid.

No soil shall be removed from any site upon which such a facility is constructed. Necessary grading shall be accomplished so that no offsite soil removal or offsite fill is required.

Land disturbance, grading and the construction of site improvements associated with the installation of such a facility, on any lot that has been and will continue to be used for agricultural purposes, shall be directed, insofar as is feasible, to portions of the lot that contain neither prime agricultural soils nor soils of statewide significance. Where land disturbance, grading or the construction of site improvements on such soils are unavoidable, it shall be limited to the minimum intrusion necessary to construct required access roads, inverter and switching equipment pads and other facilities required for connection to the grid.

A barrier or fence having a height of at least eight feet (unless a greater height is required by law) shall be installed around the entire perimeter of the installation and entirely within the required building setback lines, which barrier shall secure the facility at all times; restrict access to all electrical wiring, transformers and high voltage equipment; and comply with applicable Uniform Construction Code requirements. One or more locked access gates (not less than 20 feet in width) to the facility shall be provided. Each locked access gate shall include a sign identifying the responsible parties for operation of the major solar and photovoltaic energy facilities and structures; for maintenance of the facility; and for maintenance of the berm, landscaping and security fence; and for ownership of the land upon which the facility is located.

The site plan shall provide for adequate and appropriate drainage facilities, which shall be designed such that site grading and construction shall not alter the natural drainage patterns of stormwater originating both within and beyond the property boundaries, which is not inconsistent with stormwater management regulations.

The site plan shall include a construction/staging plan identifying the location, size and configuration of the areas to be used on a temporary basis during construction for the delivery and storage of materials and equipment and for the off-street parking of construction workers' vehicles. The construction/staging plan shall include a plan and timetable for the restoration for these areas upon completion of construction.

Wind velocities. All components of solar energy facilities (major/commercial) shall be designed to withstand a ground-level wind velocity of at least 90 miles per hour, unless a higher standard for wind-loading is specified in the New Jersey Uniform Construction Code.

Hazardous materials. The use of lead-acid batteries shall not be permitted in major solar energy systems (minor) and facilities, except for such batteries as are needed to store electricity to power emergency lights in the event of a power outage.

Noise. The total daytime operational mechanical or aerodynamic noise, including turbine, inverter or transmission line noise from the solar energy facility shall not exceed 50 dBA, measured from the nearest property line.

The location of ground-mounted arrays and freestanding collectors shall be set back a distance of 150 feet from all property lines.

Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.

A fifty-foot-wide densely planted perimeter landscaped buffer that includes a combination of evergreen trees and shrubs with a six-foot-tall black vinyl-coated chain link fence located inside the landscape perimeter.

The decommissioning and restoration process comprise removal of aboveground structures; grading, to the extent necessary; restoration of topsoil (if needed) and seeding. The process of removing structures involves evaluating and categorizing all components and materials into categories of recondition and reuse, salvage, recycling and disposal. The project consists of numerous materials that can be recycled, including steel, aluminum, glass, copper and plastics. In the interest of increased efficiency and minimal transportation impacts, components and material may be stored on-site until the bulk of similar components or materials are ready for transport. The components and material will be transported to the appropriate facilities for reconditioning, salvage, recycling, or disposal. Aboveground structures include the panels, racks, inverters, pads and any interconnection facilities located on the property. The aboveground structures and below-ground structures are collectively referred to herein as the "project components."

Temporary erosion and sedimentation control best management practices will be used during the decommissioning phase of the project. Control features will be regularly inspected during the decommissioning phase and removed at the end of the process.

Provisions for the removal of all components of the facility/system from the site and the full restoration of the site to its predevelopment condition insofar as is feasible; and the safe disposal of all components of the facility/system, including the recycling of all recoverable materials, consistent with prevailing best practices relating to the disposal and recycling of photovoltaic waste.

Provisions that the Township shall notify the land owner and owner/operator of the facility of the pending determination of abandonment and order proof of the resumption of energy generation to at least 80% of the facility's capacity ore removal of the facilities in accordance with the approved decommissioning plan, subject to the issuance of a demolition permit.

A provision that within 60 days of service of the notice of abandonment, the land owner or facility operator shall apply for and obtain a demolition permit for the decommissioning in accordance with the decommissioning plan.

Provisions that, as a condition of site plan approval and prior to the issuance of any building permits, the land owner or operator of the facility shall obtain and submit to the township a performance bond or other agree upon secured funding in a form approved by the Township Attorney to ensure that the decommissioning plan provides financial assurance that there will be sufficient funds available for decommissioning and site restoration. Such bond shall be in an amount, as determined in detail by the Township Engineer, which shall be adequate to cover the estimated cost of such removal. The form of such bond shall be approved by the Township Attorney. The bond shall not be subject to revocation or reduction prior to the completion of the work covered by the demolition permit and decommissioning plan and the full restoration of the site as required by the decommissioning plan. The decommissioning bond shall be reevaluated to reflect inflation every five years from the start of operations which shall be defined as the date of issuance of the certificate of occupancy for the generation of power. Such reevaluation shall be submitted no fewer than 30 days prior to the end of the five-year period by the owner/operator and/or landowner to the Township Attorney and Township Engineer for review and approval. If the anticipated cost of decommissioning increases by 10% or more, the property owner or operator of the facility shall deposit additional funds into an escrow account or revise the bond or other surety to reflect the increased amount.

Measures to provide for the protection of public health and safety and for protection of the environment and natural resources during both the removal and site restoration stages, as well as the schedule for the completion of all site restoration work in accordance with the decommissioning plan.

Provisions that, if the performance bond described above, plus any supplemental funding that may have been provided by the owner/operator, is insufficient to fully implement the decommissioning plan or if the owner/operator fails to fully satisfy the obligations described herein, then the landowner shall be held responsible for any and all costs associated with the decommissioning to the extent that such costs are not covered by the performance bond and any supplementary funds provided by the owner/operator, if applicable.

Provisions detailing the anticipated life of the project.

The estimated cost of decommissioning in current dollars and an explanation of how the cost was determined, which shall be prepared by a professional engineer or contractor who has expertise in the removal of solar facilities. Salvage value shall not be considered when determining the estimated decommissioning cost.