Lacey Township City Zoning Code
ARTICLE IV
Pinelands Area Development Standards
§ 335-23 Applicability; conflict with other provisions.
A.
All development within the Pinelands Area shall comply with the standards set forth in this article, in addition to all other regulations of the Code of the Township of Lacey.
B.
The standards and regulations of this article are intended to be the minimum provisions necessary to achieve the purposes and objectives of the Code of the Township of Lacey and the Pinelands Protection Act. In the event of a conflict between any provisions, the stricter provision shall apply.
§ 335-24 Wetlands.
A.
Uses. No development in the Pinelands Area shall be permitted in a wetlands or wetlands transition area, except for the following uses:
[Amended 1-28-1993 by Ord. No. 93-5]
(3)
Beekeeping.
(5)
Wetlands management and fish and wildlife management, in accordance with N.J.A.C. 7:50-6.10.
[Amended 9-22-2011 by Ord. No. 2011-19]
(6)
Low-intensity recreational uses which do not involve use of a structure other than those authorized in this section, including hunting, fishing, trapping, hiking, boating and swimming. Other similar low-intensity recreational uses shall be permitted, provided that any associated development does not have a significant adverse impact, as set forth in Subsection B below, on the wetland in which the use is carried out.
(7)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B below and conforms to all state and federal regulations.
(8)
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
(9)
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
(a)
There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route or site 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.
B.
Performance standards.
(2)
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals.
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal seasonal flow patterns in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
§ 335-25 Vegetation and landscaping.
[Amended 3-27-1997 by Ord. No. 97-14]
A.
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter;
B.
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Section D below.
D.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Section C above or required pursuant to § 215-16A of Chapter 215 of this Code shall incorporate the following elements:
(1)
The limits of clearing shall be identified.
(2)
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
(3)
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25.
(b)
For limited ornamental purposes around buildings and other structures.
(c)
When limited use of other shrubs or tree species is required for proper screening or buffering.
E.
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations or threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
§ 335-26 Fish and wildlife.
A.
Protection of threatened or endangered wildlife required. No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
B.
Protection of wildlife habitat. All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the pinelands.
§ 335-27 Forestry.
[Amended 3-27-1997 by Ord. No. 97-14]
A.
Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size.
(2)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year.
(3)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(5)
Prescribed burning and the clearing and maintaining of fire breaks.
B.
Forestry application requirements. The information in Subsection B(1) or B(2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 9-22-2011 by Ord. No. 2011-19]
(1)
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(2)
For all other forestry applications:
(a)
The applicant's name and address and his or her interest in the subject parcel.
(b)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c)
The description, including block and lot designation and street address, if any, of the subject parcel.
(d)
A description of all existing uses of the subject parcel.
(e)
A brief written statement generally describing the proposed forestry operation.
(f)
A USGS Quadrangle Map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown.
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a]
The name, mailing address and telephone number of the owner of the subject parcel.
[b]
The municipality and county in which the subject parcel is located.
[c]
The block and lot designation and street address, if any, of the subject parcel.
[d]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel.
[e]
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short-term (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel.
[3]
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level, showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[a]
The number of acres.
[b]
The general condition and quality of each stand.
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection B(2)(g)[2] above.
[d]
An inventory and map of Pinelands native forest types with native forest types broken into "stands," including information on type, size and volume by species.
[e]
The age of representative trees.
[f]
The species composition, including overstory, understory, ground layer structure and composition.
[g]
The stand cohort composition.
[h]
The percent cover.
[i]
The basal area.
[j]
The structure, including age classes, diameter at breast height (DBH) classes and crown classes.
[k]
The condition and species composition of advanced regeneration, when applicable.
[l]
A stocking table showing the stocking levels, growth rates and volume.
[m]
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals.
[n]
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include but are not necessarily limited to a description of:
[i]
Stand improvement practices.
[ii]
Site preparation practices.
[iii]
Harvesting practices.
[iv]
Regeneration and reforestation practices.
[v]
Improvements, including road construction, stream crossings, landings, loading areas and skid trails.
[vi]
Herbicide treatments.
[vii]
Silvicultural treatment alternatives.
[viii]
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available.
[ix]
Implementation instructions.
[x]
Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands.
[o]
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter at breast height (DBH) classes and average diameter, age; heights; and number of trees per acre.
[4]
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map was prepared.
[b]
An arrow designating the North direction.
[c]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet.
[d]
The location of all property lines.
[e]
A delineation of the physical features such as roads, streams and structures.
[f]
The identification of soil types (a separate map may be used for this purpose).
[g]
A map inset showing the location of the parcel in relation to the local area.
[h]
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map.
[i]
A legend defining the symbols appearing on the map.
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 335-33.
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below.
(k)
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested.
(l)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below.
(m)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34.
C.
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 9-22-2011 by Ord. No. 2011-19]
(1)
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist.
(2)
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site.
(3)
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:
(a)
Clear-cutting cedar and managing slash.
(b)
Controlling competition by other plant species.
(c)
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing.
(d)
Utilizing existing streams as cutting boundaries, where practical.
(e)
Harvesting during dry periods or when the ground is frozen.
(f)
Utilizing the least-intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 335-25E and 335-26A. The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I – Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards.
(5)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section.
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 335-33.
(7)
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities.
(8)
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
(9)
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles.
(b)
Herbicide treatments shall be permitted, provided that:
[1]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection B(2)(j) above;
[2]
Control of competitive plant species is clearly necessary;
[3]
Control of competitive plant species by other, nonchemical means is not practical;
[4]
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
[5]
In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment.
(c)
Broadcast scarification mechanical weeding shall be permitted in all Pinelands native forest types.
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types.
[2]
Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration and shall be limited as follows:
[a]
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[3]
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands.
[4]
It shall follow land contours when slopes are discernible.
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;
[2]
When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3]
Root raking debris shall not be piled in wetlands.
(f)
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types.
(g)
Drum-chopping shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types, except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size.
[2]
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum-chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands.
[3]
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted, except to create scattered early successional habitats under two acres in size;
[b]
Drums shall remain unfilled when used during the dormant season;
[c]
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radium, one-hundred-eighty-degree turns at the end of each straight pass.
(10)
The following standards shall apply to silvicultural practices for harvesting:
(a)
Clear-cutting shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types.
[2]
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period.
[3]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clear cut and the parcel boundaries.
[4]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clear 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, to a maximum of 300 feet in width.
[5]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches in diameter at breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years.
[6]
The area of the parcel subject to the clear cut shall have contoured edges, unless the boundary of the clear cut serves as a firebreak, in which case straight edges may be used.
(b)
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period.
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries.
[3]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger 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, to a maximum of 300 feet in width.
[4]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years.
[5]
The area of the parcel subject to the coppice cut shall have contoured edges, unless the boundary of the coppice cut serves as a firebreak, in which case straight edges may be used.
(c)
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period.
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries.
[3]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger 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, to a maximum of 300 feet in width.
[4]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches' DBH and six feet in height shall be left on the parcel for a minimum of five years.
[5]
The area of the parcel subject to the seed tree cut shall have contoured edges, unless the boundary of the seed tree cut serves as a firebreak, in which case straight edges may be used.
[6]
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre.
[7]
Residual seed trees shall be distributed evenly throughout the parcel.
(d)
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
(11)
The following standards shall apply to silvicultural practices for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection C(11)(b) below.
(b)
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[1]
The use of nonnative cuttings, seedlings or seeds shall not be permitted.
[2]
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat.
[3]
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity.
[4]
When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
(12)
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel, or burned.
(13)
Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
(14)
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(2)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(7)
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.
§ 335-28 Recommended management practices for agriculture.
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
§ 335-29 Water quality.
A.
General.
(1)
All development 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 for purposes of this subsection.
(2)
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.
(3)
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
B.
Minimum standards for point and nonpoint source discharges. The following point and nonpoint source discharges may be developed or operated in the Pinelands Area:
(1)
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 Subsections B(2) through (6) below, provided that:
[Amended 3-27-1997 by Ord. No. 97-14]
(a)
There will be no direct discharge into any surface water body.
(b)
All discharges from the facility or use are of a quantity and quality such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.
(c)
All public wastewater treatment facilities are designed to accept and treat sewage.
(d)
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(2)
The development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;
(c)
Adherence to Subsection B(1)(b) cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
[Amended 3-27-1997 by Ord. No. 97-14]
(d)
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost of limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from a parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
[Amended 3-27-1997 by Ord. No. 97-14]
(3)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection B(1)a above;
[Amended 3-27-1997 by Ord. No. 97-14]
(b)
There is no increase in the existing approved capacity of the facility; and
(c)
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(4)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 3-27-1997 by Ord. No. 97-14]
(a)
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.
(b)
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 335-76 or 335-77.
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.
(d)
The depth to seasonal high water table is at least five feet.
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.
(f)
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85.
(g)
The technology has been approved for use by the New Jersey Department of Environmental Protection.
(h)
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(5)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 3-27-1997 by Ord. No. 97-14]
(c)
The decision 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 § 335-76 or 335-77.
(6)
Surface water runoff, provided that the requirements of Chapter 292 are met.
[Added 3-27-1997 by Ord. No. 97-14; amended 4-13-2023 by Ord. No. 2023-10]
(7)
Alternate design program treatment systems, provided that:
[Added 12-12-2002 by Ord. No. 02-68]
(a)
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection B(7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 335-76 or § 335-77;
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high-water table is at least five feet.
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
(g)
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
(h)
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
(i)
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and
[Amended 7-12-2018 by Ord. No. 2018-20]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(7)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 7-12-2018 by Ord. No. 2018-20[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection B(7)(l), which prohibited the installation of systems after August 5, 2007.
C.
Individual wastewater treatment facility and petroleum tank maintenance.
(1)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Laws of 1975, the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
(a)
Have the facility inspected by a technician at least once every three years.
(b)
Have the facility cleaned at least once every three years.
(c)
Once every three years, submit to the Board of Health serving the 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.
D.
Prohibited chemicals and materials.
(2)
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(3)
No person shall apply an herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
E.
Water management.
[Amended 7-11-2024 by Ord. No. 2024-16]
(1)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(2)
A diversion within the Pinelands Area portion of Lacey Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection E(2)(a) and (b) below, or outside of either basin, shall be prohibited.
(a)
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
(b)
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(3)
A diversion within the Pinelands Area portion of Lacey Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection E(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection E(4) below.
(4)
Within the Pinelands Area portion of Lacey 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 E(4)(a) 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.
(a)
A proposed diversion shall only be permitted if it is:
[1]
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
[2]
Any proposed diversion that is exclusively for agricultural or horticultural use; or
[3]
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or water body or otherwise results in off-site flow, and the diversion and return are located on the same parcel.
§ 335-30 Scenic.
A.
Scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the Preservation Area Zone, Forest Area Zone and Rural Development Zone shall be considered scenic corridors. In addition, those rivers designated in N.J.A.C. 7:50-6.105 shall be considered special scenic corridors.
B.
Special requirements for scenic corridors.
(1)
Except as otherwise provided in this subsection, no permit shall be issued for development in a scenic corridor other than for agricultural commercial establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.
(2)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such wetlands, or active agricultural operations, 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 § 335-25 of this Code so as to provide screening between the building and the corridor.
(3)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 335-25 of this Code, so as to provide screening between the building and the corridor.
(4)
All structures within 1,000 feet of the center line of a special scenic corridor shall be designed to avoid visual impacts as viewed from the corridor.
(5)
The requirements of Subsection B(1) through (3) above shall not apply to residential cluster developments within the FA Zone which comply with the standards of § 335-71A(1).
[Added 9-22-2011 by Ord. No. 2011-19]
C.
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 use 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 or which are maintained for agricultural use.
D.
Location of utilities.
(1)
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.
(2)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 335-25 of this Code.
(3)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
§ 335-31 Fire management.
A.
The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:
Hazard | Vegetation Type | |
|---|---|---|
Low | Atlantic white cedar | |
Hardwood swamps | ||
Moderate | Non-Pine Barren forest | |
Prescribed burned areas | ||
High | Pine Barren forest, including pine, pine-oak and oak-pine | |
Extreme | Immature or dwarf forms of pine-oak or | |
oak-pine, all classes of pine-scrub oak | ||
and pine lowland |
B.
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under fire hazard classification set out in Subsection A above unless such development complies with the following standards:
(1)
All proposed developments or units or sections thereof of 25 dwelling units or more will have two accessways of width and surface composition sufficient to accommodate and support fire-fighting equipment.
(2)
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
(3)
The right-of-way of all roads will be maintained so that they provide an effective fire break.
(4)
Except as provided in Subsection B(5) below, 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:
(5)
All residential developments of 100 dwelling units or more in high or extreme hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees and bushes and ground cover are be selectively removed, mowed or pruned on an annual basis;
(b)
All dead plant material is removed;
(c)
Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and
(d)
There is a specific program for maintenance.
(6)
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.
(b)
All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.
(c)
Any openings in the roof, attic and floor shall be screened.
(d)
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.
(e)
Flat roofs are prohibited in areas where vegetation is higher than the roof.
§ 335-32 Recreation.
All development within the Pinelands Area shall conform to the following requirements:
A.
All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication "Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities."
B.
Improved bicycling facilities shall be provided only in conjunction with paved roads.
§ 335-33 Historic, archaeological and cultural preservation.
A.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection E(2) below.
B.
Authority to issue certificates of appropriateness:
C.
Certificates of appropriateness shall be required for the following:
(1)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the 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
D.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications for development in the VR and VRC Zones and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 3-27-1997 by Ord. No. 97-14]
(1)
This requirement for a survey may be waived by the local approval agency if:
(a)
There is sufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of pinelands culture; or
(2)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the pinelands.
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the pinelands.
(c)
The presence of structures that represent the work of a master or that possess high artistic value or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the pinelands, although its components may lack individual distinction.
(d)
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the pinelands.
F.
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
G.
The effect of the issuance of a certificate of appropriateness is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C 7:50-6.154.
[Amended 3-27-1997 by Ord. No. 97-14]
H.
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
(1)
A narrative description of the resource and its cultural environment.
(2)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.
(3)
A site plan depicting, in correct scale, the location of all buildings, structures and engineering resources.
(4)
A New Jersey State Inventory Form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
I.
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect archaeological data in accordance with the "Guideline for Recovery of Scientific, Prehistoric, Historic, and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 CFR 66).
§ 335-34 Waste management.
[Amended 3-27-1997 by Ord. No. 97-14]
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.
§ 335-35 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.
§ 335-36 Air quality.
A.
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
[Amended 3-27-1997 by Ord. No. 97-14]
B.
Applications for residential developments of 100 or more units and any other development involving more than 300 parking spaces located in the PA, FA, RD, VR or VRC Zone 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.
§ 335-37 Principal use.
No more than one principal use shall be located on one lot, except for forestry, agricultural, horticulture, fish and wildlife management and recreational development on agricultural lands.
§ 335-37.1 Height limitations.
[Added 3-27-1997 by Ord. No. 97-14]
A.
No structure in the Pinelands Area, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet.
B.
The height limitation in Subsection A above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use; silos, barns and other agricultural structures; church spires; cupolas; domes; monuments; water towers; fire observation towers; electric transmission lines and supporting structures; windmills; smokestacks; derricks; conveyors; flagpoles and masts; or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.