Manchester Township
City Zoning Code

The use was not abandoned or terminated subsequent to January 14, 1981;

The expansion of the use is in accordance with all of the minimum standards of § 245-33;

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. 7:50-1 et seq.; and

The use conformed to the zoning district regulations as of January 14, 1981.

Except in the WTO-P District, no structure, including radio and television transmission and other communications facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in Subsection A(2)(b) below.

The height limitation in Subsection A(2)(a) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform to the objectives of Subsection M, Scenic, and N.J.A.C. 7:50-6, Part X, Scenic: 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, smoke stacks, derricks, conveyors, flag poles and masts or aerials, solar energy facilities, chimneys and similar structures required to be placed above the roof level and not intended for human occupancy.

The height limitation in Subsection A(2)(a) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that:

In accordance with N.J.A.C. 7:50-6.102, Scenic management program, all buildings within the Pinelands Preservation Area (PPA) and Pinelands Forest Area (PFA) Zoning Districts shall be set back from public, paved roads in accordance with N.J.A.C. 7:50-6.103, Scenic corridors, and 6.104, Requirements for scenic corridors. These setback requirements shall not apply to residential cluster developments within the Pinelands Forest Area (PFA) Zoning Districts which comply with the standards of § 245-33C(1)(b) or § 245-33D(1)(b).

All structures within 1,000 feet of rivers designated in N.J.A.C. 7:50-6.105(a) as a "scenic corridor," including the Toms River from the Conrail Railroad Bridge upstream (west) to the Jackson Township border shall be screened in accordance with the requirements set forth therein to avoid visual impacts as viewed from the river. (See Subsection M.)

The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;

The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

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

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 of the members of that person's immediate family have resided in the Pinelands for a total of at least 20 different years.

The applicant satisfies all of the requirements set forth in Subsection A(4) above;

The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the interim rules and regulations prior to January 14, 1981;

The applicant qualifies for and receives from the Township a variance from the 3.2-acre lot size requirement set forth in Subsection A(4) above;

The applicant purchases and redeems 0.25 Pinelands development credits; and

Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to Subsection C of this section.

Notification is received from the Pinelands Commission that review of the Township's approval is not required; or

Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 7:50-4.32 and a final order regarding the approval is received by the Township from the Pinelands Commission.

No residential dwelling unit or nonresidential use in the PPA, PFA-R or PFA-S Zones shall be located on a parcel of less than one acre in size.

No nonresidential use in the Ridgeway Regional Growth Area or Whiting Town shall be located on a parcel of less than one acre in size unless served by a centralized wastewater treatment plant.

No single-family residential use on an individual lot in Beckerville Village, Ridgeway Regional Growth Area or Whiting Town shall be located on an existing parcel of less than 40,000 square feet as of August 5, 2002, or a lot of less than one acre in a subdivision approved after August 5, 2002, unless served by either:

PR-15 Zone. An application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size in the PR-15 Zone may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

WTR-40 Zone. An application for residential development not served by a centralized wastewater treatment plant on lots between 20,000 square feet and one acre in size in the WTR-40 Zone may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

In addition to other development review procedures of the Township of Manchester enumerated in this chapter, all applications for development approval in the Pinelands Area shall comply with the procedures set forth in Subsection A of this section, Pinelands Area general development regulations.

For the purposes of this section only, the following shall not be considered development except for development involving any historic resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, Designation of Historic Resources and Districts:

As of January 14, 1991, the provisions of the Pinelands Comprehensive Management Plan shall apply to any proposed development or portion thereof within the Pinelands Area which received approval from the Pinelands Commission pursuant to the Interim Rules and Regulations or which received approval from the Pinelands Development Review Board and said approvals expired as of that date or will expire subsequent to that date, without exception, unless the requirements in Subsection B(1)(c)[1], [2], [3] or in [4] below have been and continue to be met:

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.

Minor development application. Any application for approval of minor development shall include at least the following information:

Major development application. Unless the submission requirements are modified or waived, all applications for major development, other than forestry and resource extraction operations, shall include at least the following information:

Application for approval of forestry operations. Any application for approval of forestry operations shall be subject to the requirements of Subsection G and N.J.A.C. 7:50-6.43, Part IV, Forestry, Application Requirements.

Application for approval of resource extraction operations. Any application for the approval of resource extraction operations shall be subject to the requirements of Subsection I and N.J.A.C. 7:50-4.2(b)6, Application for Resource Extraction.

Application submission and modification. 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:

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:

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall, within five days of the approval or denial, give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

Evidence of ownership of Pinelands development credits. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Pinelands Commission and the Township approving agency with evidence of his ownership of the requisite Pinelands development credits; provided, however, that the Township approving authority may grant general development plan, preliminary subdivision or preliminary 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 Pinelands development credit ownership to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to N.J.A.C. 7:50-4 and Subsection B(3)(c) above and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection B(3)(c) above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.36 through 7:50-4.42. The approval or denial 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, no development shall be carried out until such review has been completed.

Pursuant to N.J.A.C. 7:50-4.1(b) and until January 4, 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 local approvals under this section.

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.

Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;

Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;

Other uplands: one Pinelands development credit per 39 acres; and

Wetlands: 0.2 Pinelands development credit per 39 acres.

Any parcel 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 parcel 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.

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 parcel.

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 parcel pursuant to Subsection C(8)(b) below.

To permit development of parcels of land in the PR-40, PR-A, PR-15, PB-1, PAF-2 and PED-1 Zones according to the density and lot area requirements set forth in § 245-33E, F, G, K, V, and Y, as well as §§ 245-68 and 245-74 of this chapter;

When a variance of density or minimum lot area requirements for the PR-A, PR-40, PR-15, PB-1, PAF-2 and PED-1 Zones within the Pinelands Regional Growth Area is granted by the Township, Pinelands development credits shall be used for all housing units or lots in excess of that otherwise permitted without the variance;

When a variance or other approval for a nonresidential use not otherwise permitted in the PAF-2, PR-A, PR-40, PR-15 and PED-1 zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2;

When a variance or other approval for a residential use in the PB-1 Zone is granted by the Township, with the exception of those approvals in accordance with §§ 245-68 and 245-74 of this chapter, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size;

When a variance for cultural housing is granted by the Township in accordance with Subsection A(6) of this section;

When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.;

When a variance of density or lot area requirements for a residential or principal nonresidential use in the BVR-40, WTRA, WTR-40, WTRC, WTB-1, WTO-P or WTHD zone is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.

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 land in perpetuity to those uses set forth in Subsection C(9)(b) below by 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.

Notwithstanding the provisions of Subsection C(9)(a) above, an owner of a parcel from which Pinelands development credits are sold may retain a right for residential development on that parcel, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that parcel is by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the parcel shall not be required until such time as the residential development right is exercised.

The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the parcel is located.

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.

Such deed restriction shall specify the number of Pinelands development credits sold and that the parcel may only be used in perpetuity for the following uses:

Evidence of ownership of Pinelands development credits.

Horticulture of native Pinelands species in accordance with the requirements of Subsection H of this section.

Berry agriculture in accordance with the requirements of Subsection H of this section.

Beekeeping.

Forestry in accordance with the requirements of Subsection G of this section.

Wetlands management and fish and wildlife management, in accordance with N.J.A.C. 7:50-6.10, Wetlands management.

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 Subsection D(2) hereof.

Docks, piers, moorings and boat launches, provided that there is no adverse impact on the wetland as set forth in Subsection D(2) hereof.

Bridges, roads, trails, and utility transmissions and distribution facilities and other similar linear facilities, provided that:

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; or

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

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

The limits of clearing shall be identified;

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;

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

Shrubs and trees authorized by N.J.A.C. 7:50-6.25, Native Shrubs and Trees, shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

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.

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;

Forest stand improvement design 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

Prescribed burning and the clearing and maintaining of fire breaks.

The filing of an application for development in accordance with N.J.A.C. 7:50-4.13 or 7:50-4.33, for forestry activities on those parcels of land enrolled in the New Jersey Forest Stewardship Program shall not be required. A copy of the approved New Jersey Forest Stewardship Plan shall be submitted to the Zoning Officer. 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.

For all other forestry applications:

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;

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;

The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:

All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 245-32E(5) and F(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 Pinelands Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;

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, Land application of waste or waste derived materials, except as expressly authorized in this section;

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 § 245-32S;

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;

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:

The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:

The following standards shall apply to silvicultural practices for harvesting:

The following standards shall apply to silvicultural practices for forest regeneration:

Following site preparation and harvesting activities, slash shall be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.

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.

A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.

Applications for a forestry permit shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $75.

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.

Within 45 days of determining an application to be complete pursuant to Subsection G(4)(b) above, or 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 G(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

Upon receipt of a notice of disapproval pursuant to Subsection G(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 G(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection G(4)(c) above.

Failure of the Zoning Officer to act within the time period prescribed in Subsection G(4)(c) and (d) above shall constitute approval of the forestry permit 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.

In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in Subsection B and N.J.A.C. 7:50-4.31 et seq.

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.

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent of the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle Map, or copy thereof, and a copy of the Township Tax Map sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown;

A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property;

The location, size and intended use of all buildings;

The location of all points of ingress and egress;

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats;

The location of all existing and proposed streets and right-of-way, including railroad rights-of-way;

A soils map;

A reclamation plan which includes:

A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant;

A performance guarantee, guaranteeing performance of the requirements in Subsection I(4) and (5) below. The financial surety shall be in accord with the requirements of Article X, Performance and Maintenance Guarantees, of this chapter, and shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Pinelands Commission and the Township of Manchester as the obligee, shall be posted by the property owner or his agent with the Township of Manchester;

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 Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and

When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Subsection B(4).

If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.

Will not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan;

Is designed so that no area of excavation, sedimentation pond, storage area equipment or machinery or other structure or facility is closer than 200 feet to any property line; unless it can be demonstrated that a distance between 100 and 200 feet will not result in greater off-site environmental impacts;

Is to be located on a parcel of land at least 20 acres;

Provides that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; and that the topsoil will be protected from wind or water erosion;

Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;

Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;

Is designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater;

Will not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;

Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as anticipated length of time that each of the 20 acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection I(4)(k) below or N.J.A.C. 7:50-6.68(a)11;

Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with Subsection I(5) below and N.J.A.C. 7:50-6.69, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance; and

Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.

Restoration shall be a continuous process and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined;

Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection I(4)(i) above and N.J.A.C. 7:50-6.69(a)9;

All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection I(5)(f) of this section;

Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored unless it is immediately reused for reclamation that is currently underway;

Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated;

Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted;

Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond;

All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed:

Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:

The letter of credit, surety bond, or other performance guarantee which secures restoration of each section shall be released after the Township of Manchester has determined that the requirement of Subsection I(5)(a) through (i) above are met and is replaced with a maintenance guarantee for a period of two years thereafter in accordance with Article X, Performance and Maintenance Guarantees, of this chapter.

All development permitted by N.J.A.C. 7:50 et seq., Pinelands Comprehensive Plan, shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. For purposes of this section, "agricultural use" shall not be considered development.

Except as specifically authorized in this section and N.J.A.C. 7.50, Part VIII, Water Quality, no development which degrades surface or groundwater quality or which establishes new point sources of pollution shall be permitted.

No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.

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 otherwise permitted in N.J.A.C. 7:50-5, except those specifically regulated in Subsection K(2)(b) through (f) below, provided that:

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 K(2)(a)[2] above, provided that:

Improvements to existing commercial, industrial, and wastewater treatment facilities which discharge directly into surface waters, provided that:

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that the following standards are met:

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that the following standards are met:

Surface water runoff, provided that the requirements of § 245-84 are met.

Alternate design pilot program treatment systems, provided that:

The owner of every on-site septic wastewater treatment facility in the Pinelands shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the United States Clean Water Act:

The owners of commercial petroleum storage tanks shall comply with the requirements of N.J.S.A. 58:10A-29.

Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.

A diversion within the Pinelands Area portion of Manchester 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 K(4)(b)[1] and [2] below, or outside of either basin, shall be prohibited.

A diversion within the Pinelands Area portion of Manchester Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection K(4)(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 K(4)(d) below.

Within the Pinelands Area portion of Manchester 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 meet the criteria and standards set forth at Subsection K(4)(d)[3] through [6] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.

Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground or surface water or any land:

All storage facilities for deicing chemical shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface which shields the facility from precipitation.

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.

Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the Ridgeway Regional Growth Area or in the Pinelands Whiting Town area; and

Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other Pinelands management area.

Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the Pinelands Preservation Area (PPA) and Pinelands Forest Area - Sending (PFA-S) zones shall be considered scenic corridors.

The Toms River, from the Central Railroad of New Jersey (Conrail) bridge upstream to the Jackson Township border, is designated as a special scenic corridor in accordance with N.J.A.C. 7:50-6.105.

Except as provided in this section, no permit shall be issued for development 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 scenic corridor.

If compliance with the two-hundred-foot setback is constrained 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 E, Vegetation, revegetation and landscaping plans, of this section so as to provide screening from the corridor.

If an applicant for development approval demonstrates that existing development pattern of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development than 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 Subsection E, Vegetation, revegetation and landscaping plans, so as to provide screening between the building and corridor.

The requirements of § 245-32M(2)(a) through (c) above shall not apply to residential cluster developments within the Pinelands Forest Area (PFA) Zoning District which comply with the standards of § 245-33C(1)(b) or D(1)(b).

No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement, or physical or lighting change, shall be permitted in any Pinelands Area of Manchester.

No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in any Pinelands Area of Manchester Township.

No outdoor off-site commercial advertising sign, other than those off-site signs specifically authorized in N.J.A.C. 7:50-6.108 and 7:50-6.109, shall be permitted in the Pinelands Area except as follows:

Any existing sign that violates Subsections N(1)(a) and (b) above shall be removed immediately. Any existing off-site commercial advertising sign which does not conform to Subsection N(1)(c) above shall be removed no later than December 5, 1996.

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.

No sign shall be constructed, repaired or maintained in the PPA-Pinelands Preservation Area pursuant to N.J.A.C. 7:50-6.108 except in accordance with the provisions of N.J.A.C. 7:50-6.107, § 245-27, Sign regulations; permitted uses, and this subsection.

The following signs are permitted in the PPA Pinelands Preservation Area District:

Official public safety and information signs displaying road names, numbers and safety directions shall be permitted;

On-site signs advertising the sale or rental of the premises shall be permitted, provided that:

On-site identification signs for schools, churches, hospitals, or similar public service institutions shall be permitted, provided that:

Temporary signs advertising political parties or candidates for election shall be permitted, provided that the size of any such sign does not exceed 12 square feet;

Temporary on-site and off-site signs advertising civic, social or political gatherings and activities may be permitted, provided that the size of such signs does not exceed 12 square feet;

Trespassing signs or signs indicating the private nature of a road, driveway, or premise, and sign prohibiting or otherwise controlling fishing or hunting may be permitted, provided that the size of such signs does not exceed four square feet;

On-site professional, home occupation, or name signs indicating the professional and/or activity and/or name of the occupant of the dwelling may be permitted; provided that:

On-site business or advertising signs may be permitted, provided that:

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 fire-fighting equipment;

All dead-end roads will terminate in a manner which provides safe and effective entry and exit for fire-fighting equipment;

The rights-of-way of all roads will be maintained so that they provide an effective fire break;

Except as provided in Subsection Q(2)(e) 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:

All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:

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 and shakes are prohibited in high or extreme fire hazard areas;

All projections such as balconies, decks, and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals;

Any openings in the roof, attic and the floor shall be screened;

Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;

Flat roofs are prohibited in areas where vegetation is higher than the roof.

Planning Board. 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), Authorities of Municipal Officials and Agencies, including recommendations to the Township Council and Pinelands Commission regarding designation of historic resources and districts of local Pinelands, national or state significance, in accordance with N.J.S.A. 40:55D-1 et seq. and N.J.A.C. 7:50-6.154. The Planning Board shall issue all certificates of appropriateness except as specified in Subsection S(1)(b) below.

Board of Adjustment. The Board of Adjustment shall review and issue certificates of appropriateness, in accordance with the provisions of N.J.A.C. 7:50-6.155, Evaluation of Development Proposals, and 7:50-6.156, Treatment of Resources, for any application for development which it is otherwise empowered to review.

Construction, encroachment upon, alternation, remodeling, removal, disturbance or demolition of any resource designated by the Township Council or the Pinelands Commission, pursuant to N.J.A.C. 7:50-6.154, Designation of Historic Resources and Districts, or any action which renders such a site inaccessible; and

Development not otherwise exempted from review, pursuant to Subsection B(1), where a significant resource has been identified pursuant to Subsection S(4) below.

A cultural resource survey shall accompany all applications for development in the BVR-40 zone or in the Whiting Town (WT) zones and all applications for major developments in other Pinelands Management Areas in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in N.J.A.C. 7:50, 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. The Pinelands Commission shall assume the responsibility for completing a cultural resource survey when a request to do so is submitted pursuant to N.J.A.C. 7:50-6.43(b) in conjunction with an application for a forestry operation.

Survey exemptions. Notwithstanding Subsection S(4)(a) above, the need for a cultural resource survey may be:

Determination of significance. The Planning Board shall utilize the standards herein in identifying areas, sites, structures or districts as resources of significance in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. and recommending that the Township Council designate same by ordinance. 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:

All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection S(5)(b) below.

A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection S(4) above shall be valid for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, Designation of Historic Resources and Districts, or by the Township Council pursuant to N.J.S.A. 40:55D-12 et seq. within two years, the historic resource standards of this section shall not apply to the cultural resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

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.