[Section 35-9.16 amended by Ordinance No. 494; Ord. No. 652-2016 § 1; 6-20-2024 by Ord. No. 742; 10-17-2024 by Ord. No. 748; 2-20-2025 by Ord. No. 752]
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay, and ilimenite is prohibited in the Pinelands area. In the Pinelands Forest Area, only the continuation of existing resource extraction operations shall be permitted in accordance with N.J.A.C. 7:50-6, Part VI. In any zoning district, as provided in the Schedule of District Regulations, no sand, gravel, rock, earth, minerals, clay or overburden shall be moved, or extracted until major site plan and conditional use approval has been granted by the Maurice River Township Land Use Board, a license has been obtained in connection with other applicable ordinances, and any other applicable permits are obtained.
For the purposes of this article the following definitions shall apply:
DRY MININGDry mining involves the resource extraction/excavation of material below the existing ground surface to one foot above the seasonal high-water table.
EXPANSIONThe increase in depth or surface area of an existing resource extraction operation beyond the limits previously approved by the Land Use Board.
WET MININGWet mining involves resource extraction/excavation of material below one foot above the seasonal high-water table thus creating a mining pond.
In all zoning districts any new wet mining resource extraction operation requires Land Use Board approval. In addition, any expansion of existing wet mining resource extraction operations also requires Land Use Board approval. |
Applications for resource extraction operations shall be reviewed by the Maurice River Township Land Use Board as a Major Site Plan and Conditional Use with a maximum approval period of five (5) years. The start of the approval period for the renewal of existing resource extraction operations shall coincide with the end of the previous five-year approval period, regardless of when the approving resolution is adopted. |
Applications for resource extraction operations shall be made in writing to the Maurice River Township Land Use Board in compliance with the requirements as set forth in Section 35-13 of this chapter. Renewal applications shall be submitted to the Township Land Use Board 90 days prior to the expiration of the current resource extraction approval. |
All resource extraction applications, including renewals, shall comply with the following: |
A. Any application filed for approval of resources extraction operations shall include the information/items listed below for a determination of completeness before any hearing at the Land Use Board. The items below are further identified on Checklist L, Resource Extraction Applications in the Appendix of the Land Development Regulations:
1. The applicant's name and address and the applicant's interest in the subject property.
2. The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
3. The legal description, including block and lot designation and street access address or GIS coordinates, as appropriate, of the subject property.
4. A description of all existing uses of the subject property.
5. A brief written statement generally describing the proposed five-year mining plan.
6. A USGS quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation (if applicable) and zoning designation are shown.
7. A Resource Extraction Plan prepared by a New Jersey Professional Engineer that includes, at a minimum, the following information:
a. A topographic map, prepared by a New Jersey Professional Land Surveyor, at a scale of one (1) inch equals two hundred (200) feet, showing the entirety of the property and adjoining properties within 200 feet of its boundaries;
b. All property lines, easements and rights-of-way;
c. Proposed dimensions, location and mining operations on the subject property including all existing and proposed structures, equipment and piping;
d. Location of a permanent benchmark which identifies the existing grade elevation at the benchmark in accordance with the North American Vertical Datum, 1988 (NAVD88) and the horizontal location in accordance with the North American Datum, 1983 (NAD83).
e. Proposed contours at one-foot intervals;
f. Limits of all previously approved mining operations;
g. Limits of all proposed mining operations. Proposed mining areas shall be segmented into sub-areas to identify the areas proposed for mining in each year of the five-year approval period;
h. A table identifying the acreage of each of the proposed sub-areas, anticipated schedule for mining by year and total of the sum of the sub-areas;
i. Identification of the date ranges of the five-year approval period by month, day and year;
j. Profiles of mining area cross-sections;
k. Proposed location of blazing limits and public warning signs;
l. Mining setbacks and buffers;
m. Existing and proposed woods lines;
n. Existing wetlands and wetlands buffers, as applicable;
o. Proposed soil stockpile areas;
p. Location of existing soil test pits/boring, as witnessed by the Township Engineer, and corresponding soil profiles, including the identification of the seasonal high ground elevation and static water table elevation;
q. The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way;
r. Location of all internal haul routes, all points of ingress and egress, scales and associated facilities;
s. The location, size and intended use of all buildings and associated parking facilities, as applicable;
t. A current aerial photograph of the resource extraction site and surrounding properties at the same scale as the Resource Extraction Plan. For operations with multiple sites, provide an aerial showing all of the subject properties.
8. A location map, including the area extending at least three hundred (300) feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
10. An end use reclamation plan for each mining area and remaining tract area on which is included:
a. Location and method of temporary stockpiling topsoil and overburden;
b. Proposed grading and final elevations;
c. Topsoil material application and preparation;
d. Type, quantity and age of vegetation to be used;
e. Fertilizer application including method and rate;
f. Planting method and schedules; and
g. Maintenance requirements and schedule needed to insure complete reclamation.
11. 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.
12. If located within the Pinelands Area, a certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-3.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
13. When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to subsection
35-10.6 of this chapter.
14. The site plans shall include a current list of all properties and owners within 200-feet of all parcels identified on the application.
15. A plan for maintenance of public roadways to eliminate material accumulation including but not limited to street sweeping in accordance with paragraphs C5 and D3 below. The maintenance plan must include provisions for periodic inspection and maintenance and keeping of inspection and maintenance logs on site for review by Township officials when requested. It shall be the mine owner's responsibility to ensure material is covered with a secured tarp provided by the haulers on the trucks as they exit the resource extraction operation.
16. Any application involving a wet mine shall provide the following additional items as part of their application:
a. A permanent benchmark of the existing ground surface elevation in the area of the proposed wet mine, as required under subsection 35-9.16A7d above.
b. The seasonal high groundwater elevation and static water table elevation based on soil test pits or borings, as witnessed by the Township Engineer.
c. The proposed depth of mining below the existing grade and scaled cross-sections of the wet pond and banks.
d. For existing wet mining operations, soundings of the existing pond depth taken on a grid sufficient to substantiate, to the satisfaction of the Board Engineer, that the applicant is not mining beyond their approved mining depth. Soundings shall be performed by a New Jersey Professional Land Surveyor and shown on the site plan.
e. A valid Water Allocation Permit from the NJDEP for the proposed pond depth and groundwater withdrawal.
f. An agreement by the mine owner to report the actual pond dredging depth to the Township Engineer as part of the annual site compliance review.
g. Any new wet mining operations or expansion of any existing resource extraction operations shall provide an agreement by the mine owner to review and correct any adverse impact such as water level drop, contamination and turbidity, which impacts are attributable to mining activity, on the wells of surrounding property owners within the greater distance of the calculated radius of influence or 2,000 feet of the mining site pond.
17. Additional requirements for wet mines seeking a variance approval to exceed a maximum depth of sixty-five (65) feet below the natural surface of the ground existing prior to excavation and any renewal permits for existing wet mines previously approved to exceed a maximum depth of sixty-five (65) feet below the natural surface of the ground existing prior to excavation shall provide the following additional items:
a. Test bores to a minimum depth of twenty (20) feet below the proposed mining depth on a minimum of four sides of the mining area. Test bores shall be performed by a Licensed Professional Geologist. Subsurface soil testing shall include sonic cores and borehole geophysical (electrical) logs to provide a continuous record of soil conditions and measurements for gamma, resistivity and spontaneous potential.
b. A hydrological study prepared by a licensed professional geologist or similarly licensed professional to be qualified by the Land Use Board as an expert in geology with expertise in addressing potential impacts of mining activities on the underlying aquifers. Such study shall include monitoring wells on a minimum of four sides of the mining area to determine the groundwater flow gradient. The study shall include a mapping of all permitted groundwater wells within a half-mile radius of the outer limits of the wet mining area. The hydrological study shall include a groundwater drawdown analysis and determine the radius of impact in accordance with the requirements of the New Jersey Department of Environmental Protection for water allocation permitting. The study shall discuss potential adverse impacts attributable to mining activity on wells of surrounding properties within the radius of influence or 2,000 feet of the mining pond. Impacts to be addressed include, but are not limited to:
(1) Drawdown of pre-existing well water levels;
(2) Changes in water clarity or cloudiness;
(3) Changes in water taste, odor or pH.
18. Applicant shall submit any approved Forest Management Plans for the subject site.
19. 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.
B. Performance and maintenance guaranties required.
1. Prior to the issuance of any certificate of occupancy or license for a land mining operation, the owner or operator shall file with the Township Clerk a performance guaranty as provided for in Section 35-12 of this chapter. The guaranty shall be for an amount equal to the cost of restoration of the area to be excavated during the five (5) year duration of any approval which is granted. In the Pinelands area, the guaranty shall name the Pinelands Commission and the Township as obligee.
2. Such bond and security shall be accompanied by an agreement signed by the applicant and landowner, if a different individual, granting the Township the right to access to make inspections to insure compliance during periods of operation and to perform all necessary rehabilitation of bonded property in the event of forfeiture of the performance guaranty.
3. In the event of default, forfeiture shall be made by the Land Use Board after public hearing on not less than five (5) days' written notice made to the principal and the surety at their last known post office addresses, which notice shall be complete upon mailing.
4. The performance guaranty may be released upon satisfactory restoration of the complete project area or portions of the guaranty may be released as proportional stages of restoration are accomplished in accordance with all operating and restoration standards contained in this chapter as well as any approved rehabilitation plan. Release of the performance guaranty shall be in accordance with the provisions of subsection
35-12.2. As a performance guaranty is released, it shall be replaced by a maintenance guaranty for a period of two (2) years thereafter.
C. Resource extraction operations shall be approved for a maximum of five (5) year periods, provided that the applicant complies with all the requirements of the Maurice River Township regulations for resource extraction as exists and as in the future amended, and provided that the applicant can demonstrate that the proposed resource extraction operation meets the following conditional use standards (the items below are to be considered conditions for the approval of any conditional use. Any item not complied with requires a variance under the provisions of the Municipal Land Use Law N.J.S.A. 40:55D-70D):
1. Is designed so that no area of extraction or area that can be used for future extraction, sedimentation pond, storage area of equipment or machinery or other structure or facility is closer than:
a. Two hundred (200) feet to any property line; or
b. Five hundred (500) feet to the property line of any residential use or non-resource extraction related commercial use.
c. The distance from the property line as required in paragraphs a and b above shall be considered a buffer as defined in subsection
35-3.3 of this chapter. All such buffers shall maintain existing vegetation and shall be designed and installed in accordance with subsection
35-11.4D of this chapter.
d. All resource extractions operations shall preserve existing wooded tracts outside the limits of approved resource extraction areas.
e. Driveways and utility crossings are permitted to cross a required buffer if perpendicular to the buffer and adjacent to a street. The driveway crossing should be shown as necessary for the operation of the resource extraction operation.
2. Any tract of land to be used for resource extraction operation shall be at least seventy-five (75) acres in size unless it is contiguous to lands already used by an active resource extraction operation in which case, the coordination of restoration plans between the new and existing uses will be required. In no case shall a conditional use approval be granted for less than twenty (20) acre parcels.
3. Is controlled with a lockable access gate so as to prevent unauthorized entry into the resource extraction operation through access roads. All gates along the access road shall have a knox box for emergency access. Signage shall be included restricting access to unauthorized parties.
4. All sites shall have identification signage at the site access. The identification signage shall include the site identifier (name of operating entity and pit reference name, if any) and the "911" site address clearly visible from the roadway.
5. Sites shall provide ingress and egress to the resource extraction operation from public roads by way of gravel or porous/paved roadways watered or otherwise treated to minimize dust and to prevent "tracking" onto public roads. Applicant must provide a plan for maintenance of public roadways to eliminate material accumulation including but not limited to street sweeping in accordance with paragraph D3 below. Site accesses onto gravel roadways shall be constructed with a concrete apron abutting the roadway. Apron shall be constructed to a minimum of ten (10) feet into the mining site.
6. No stumps from NEW clearing operations shall remain on-site. All stumps shall be ground down, grubbed, or removed and lawfully disposed. All existing stumps shall be removed as part of final reclamation plan.
7. Surface runoff is compliant with the Stormwater Management Regulations in Sections 35-10A and 35-11A of this chapter.
8. Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty (20) acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty (20) acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in paragraph C10 below.
9. Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the provisions of subsection
35-9.16G herein.
10. Will not involve clearing adjacent to ponds in excess of twenty (20) acres or an area necessary to complete scheduled operations; or will not involve un-reclaimed clearing exceeding one hundred (100) acres or fifty percent (50%) of the area to be mined, whichever is less, for surface excavation at any time.
D. Additional standards for applications for new or renewal of existing resource extraction operations:
1. As an integral part of each resource extraction operation, sufficient topsoil from the site shall be stored on-site for restoration. Such topsoil stockpiles shall be treated, planted and graded so as to protect same from wind or water erosion.
2. All soil erosion measures shall be approved by the Soil Conservation District and be compliant with the Standards for Soil Erosion and Sediment Control in New Jersey.
3. A plan for maintenance of public roadways to reduce, to the maximum extent practicable, the material accumulation including but not limited to street sweeping. The maintenance plan must include provisions for periodic inspection and maintenance and keeping of inspection and maintenance logs on site for review by Township officials when requested. It shall be the mine owner's responsibility to ensure adequate material coverage in the form of a tarp is provided by the haulers on the trucks as they exit the resource extraction operation.
4. 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 or other documented environmentally sensitive areas outside the Pinelands Area. An environmental impact study may be required as per subsection 35-13.11D3E.
E. Wet mining.
1. In no case shall wet mines be permitted in areas subject to potential slope failure which would create downstream flooding impacts. To the extent applicable, any wet mining operation shall comply with New Jersey Dam Safety Standards or NJPDES permitting requirements.
2. Wet mining operations have depth restrictions. Renewal applications for existing wet mining operations which exceed a mining depth greater than sixty-five (65) feet below the natural surface of the ground existing prior to excavation must demonstrate that the continued operation will result in no significant adverse impact relative to the proposed final use or to off-site areas.
3. All resource extraction operations approved for wet ponds at depths of greater than 65 feet from natural grade shall have dredges that are equipped with instrumentation to monitor and record the dredging depth, unless such dredge was approved prior to the effective date of this subsection October 17, 2024. The working dredging depth shall be reported annually to the Township Engineer and included in the annual mining site compliance review.
4. All resource extraction operations approved for wet ponds at depths of greater than 65 feet as measured from the average natural grade of the existing ground prior to excavation within the area of resource extraction shall provide a minimum of two monitoring wells on each of the four sides of the wet pond. Monitoring wells shall be installed to a minimum depth of ten feet (10') above and ten feet (10') below the static water table encountered at the time of well installation.
Water table elevations shall be recorded at monthly intervals and shall be reported to the Township Engineer as part of the annual compliance review. Monitoring wells that are down-gradient of the proposed wet mining operation shall also be monitored monthly for turbidity by a qualified consultant or mining engineer and witnessed quarterly by the Township Engineer. Results of the turbidity testing shall be included in the annual compliance report submitted to the Township Engineer.
5. Any body of water created by the resource extraction operation shall have a shoreline not less than three (3) feet above and three (3) feet below the projected average water table elevation in areas where resource extraction operations have been completed. Any wet mining operation shall provide a point of access with a slope of not less than five (5) feet horizontal to one (1) foot vertical and have a stable surface with a minimum compaction that is consistent with the pre-development surface to permit emergency access to and from the pond. 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 may be permitted. Justification for the reduction in the shoreline distance and adequacy of site safety shall be provided by the applicant's New Jersey Licensed Professional Engineer and is subject to the review and authorization of the Township Engineer.
6. Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
7. Wet ponds shall be constructed with a perimeter berm sufficiently constructed to prohibit public vehicular access. Berm may be constructed of native soil material with a minimum top width of ten feet (10') and a maximum side slope of 3:1 and comply with MSHA Regulations (30 CFR 56.9300 (a) through (c)). The waterward side of the berm shall be constructed with a 10' wide bench at the pre-existing ground elevation. The bench shall have a slope of no greater than 5:1. The perimeter berm shall include signage prohibiting public access to the wet pond and alerting the public to the danger of drowning from unauthorized access. The perimeter berm shall be constructed with an emergency access through the berm to the water surface. The emergency access shall be constructed with a temporary removable barrier accessible to emergency vehicles.
8. Applications involving wet mining operations shall include information relating to the containment area for the dewatering of dredged material. The application shall submit a site plan which shall include, but not be limited to the following items:
a. Area reserved for dewatering of dredge spoils;
b. Cross-sections showing the height of the containment dike and design water elevations for the average and maximum pumping period including elevations relating to the peak design storm event;
c. Hydraulic calculations for the containment area storage volume and pipe design for the water return piping to the mining pond based on pumping capacity of the dredge;
d. Analysis of area of impacts in the event of containment dike failure. Applicant shall demonstrate that adequate on-site storage is available to contain the maximum anticipated storage volume in the event of a dike failure.
e. Site circulation information relative to truck and equipment access to the containment area;
f. All information provided as part of the NJDEP Mining and Quarrying Activity Stormwater General Permit application.
F. The following standards and regulations shall be met in connection with production and processing of extracted resources:
1. All equipment used for mining shall be constructed, maintained and operated in such a manner as to reduce as far as is practical, noise, vibration or dust.
2. No extraction operation shall accumulate or discharge any waste matter beyond the property lines.
G. All parcels of land which are used for resource extraction operations shall be restored as follows:
1. Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover be established within two (2) years and tree cover established within three (3) years after resource extraction is completed for each portion of the site mined;
2. Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in subsection
35-9.16C9;
3. 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 re-vegetation shall be utilized. The slope of face of restored surfaces shall not exceed one (1) foot vertical to three (3) feet horizontal except as provided in subsection
35-9.16E6 of this section;
4. 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;
5. 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, but in no case shall the finished final condition of the area allow stagnant water to collect;
6. All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized for the area, shall be removed within six (6) months after the resource extraction operation is terminated and restoration is completed; and
7. 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:
a. Stabilization of exposed areas by establishing pre-existing ground cover vegetation; and
b. Re-establishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
(1) The planting of a minimum of one thousand (1,000) one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
(2) Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
(3) A combination of the planting techniques set forth in paragraphs G7b(1) and G7b(2) above; or
(4) The use of other planting techniques of native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity; and
H. Existing resource extraction operations shall be defined as any area which has been and, at the time of adoption of these regulations, is being operated as part of the regular business of the operator and/or owner of such land area and shall include the entire tract of land on which the operation is situated (extending to the limits of adjacent properties and/or other contiguous land of the operator).
I. Operators of all approved resource extraction operations shall, on a yearly basis, certify in writing and to the satisfaction of the Maurice River Township Land Use Board and the Pinelands Commission that all mining and restoration activities have been and continue to be conducted in accordance with the approved extraction plans.
In the event that the Land Use Board and/or the Pinelands Commission determine that any activity deviates from an approval permit, the permittee shall be immediately notified of the deviation. The notice and corrective action shall be completed in accordance with the standards of the Pinelands Comprehensive Management Plan under N.J.A.C. 7:50-6.64(a)2.
The order to take corrective action shall specify any activity which must be immediately ceased to prevent direct or indirect aggravation of the deviation or to avoid a danger to the public health, safety or welfare. Such cessation shall continue until the deviation has been resolved to the satisfaction of the Committee and the Executive Director or until an agreement to resolve the deviation has been reached. Failure to resolve a deviation or to adhere to the terms and conditions of any agreement to resolve a deviation shall constitute sufficient cause for revocation of the permit.
J. In addition to those expenses as delineated in subsection
35-9.16B, the applicant shall be responsible for costs incurred for services of the Township Engineer, or his designee, to make a yearly inspection of the premises and operations of the applicant so as to verify that said applicant is meeting the terms and conditions of those plans submitted at the time of issuance or renewal of a license as called for in subsection
35-9.16C. Said amount shall be paid within thirty (30) days of submission of a voucher to the applicant. The inspection shall normally take place within thirty (30) days of each yearly anniversary of the issuance of the license. Failure to make payment of the "inspection fee" as noted in this subsection may result in the Township Committee voting to temporarily suspend the license of the applicant until such time as the yearly review fee is paid.
K. Any mining operation may include the following additional land uses subject to the conditions under paragraph K3, below:
1. Solar energy facilities as an additional principal and/or accessory use;
3. Conditions for additional land uses:
a. The above uses are identified on the Major Site Plan application.
b. The above uses meet the requirements of paragraph C above, unless a variance has been granted by the Land Use Board.
c. The additional land uses do not impact the approved mining operations.
d. All additional land uses shall require site plan approval if otherwise required by the Municipal Land Use Law and the Land Development Regulations.
e. In no event shall the above permitted uses encroach into any required buffer for the approved mining operation unless a variance has been granted to reduce the buffer as part of the mining conditional use approval.
f. For principal use solar energy facilities within the Pinelands Area, the following standards shall be met:
(1) Public service infrastructure necessary to support the solar energy facility is available, or can be provided without any off-site development in the Preservation Area District, Special Agricultural Production Area, or a Forest Area except in association with a solar energy facility permitted pursuant to paragraph K3g(4) below;
(2) The solar energy facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from:
(a) The wild and scenic rivers and special scenic corridors listed in N.J.A.C. 7:50-6.105(a);
(b) Publicly dedicated roads and highways;
(c) Low intensity recreational facilities and campgrounds; and
(d) Existing residential dwellings located on contiguous parcels;
(3) Should the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns;
(4) Within the Forest Area, solar energy facilities shall only be permitted on the parcel of a resource extraction operation, provided the facility is limited to those portions of the parcel comprised of previously mined areas that are not under an obligation to be restored pursuant to N.J.A.C. 7:50-6, Part VI. The development of solar energy facilities shall be limited to those portions of a parcel which are comprised of previously disturbed lands that have not been subsequently restored. The acquisition and redemption of 0.25 Pinelands Development Credits shall be required for every four acres of land occupied by the solar energy facility;
(5) Within the Rural Development Area, solar energy facilities may occupy any previously disturbed portions of a parcel that have not subsequently been restored. The clearing of additional lands to accommodate a proposed solar energy facility may also be permitted, provided the percentage of cleared land on any parcel does not exceed 30%, taking into consideration both existing and proposed clearing. Solar energy facilities shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations;
(6) Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:
(a) Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;
(b) Restoration of the parcel in accordance with N.J.A.C. 7:50-6.24, unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with the certified local ordinance within that 12 month period; and
(c) Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of offsite infrastructure and restoration of affected lands.