Mullica City Zoning Code
ARTICLE XI
Design, Performance and Evaluation Standards
§ 144-80 General standards.
A.
General. The design of any subdivision shall conform to the principles of land subdivision as set forth in this chapter and the Master Plan of the Township of Mullica and will be such as will encourage good development patterns within the Township of Mullica and enhance the public welfare. Proposed development shall also conform to the standards and management programs of the New Jersey Pinelands Comprehensive Management Plan as contained within this chapter. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.
B.
Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.
C.
No street shall have a name, which will duplicate or so nearly duplicate as to be confused with the names of existing streets or places within the Township of Mullica.
§ 144-81 Conformance required.
A.
The design of any development shall conform to the highest and best principles of land development as set forth in this chapter, the Master Plan and the Official Map of Mullica Township and will encourage good development patterns within the Township, enhance the public welfare and also conform to the standards set forth within this chapter.
B.
In the absence of any other stated design standard, the requirements of the current editions of the following regulations and publications shall be applied:
(1)
New Jersey Residential Site Improvements Standards, N.J.A.C. 5:21-1.1 et seq.
(2)
Standards for Soil Erosion and Sediment Control in New Jersey, N.J.A.C. 2:90-1.1 et seq.
(3)
Atlantic County Land Development Standards.
(4)
Design Manual-Roadway, New Jersey Department of Transportation.
(5)
Standard Specifications for Road and Bridge Construction, New Jersey Department of Transportation.
(6)
Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration.
(7)
Trip Generation, Institute of Transportation Engineers.
(8)
Parking Generation, Institute of Transportation Engineers.
(9)
A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials.
(10)
Bicycle Compatible Roadway and Bikeway Planning and Design Guidelines, New Jersey Department of Transportation.
(11)
Other applicable regulations of the New Jersey Departments of Environmental Protection and Transportation.
§ 144-82 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.
B.
Applications for the following developments 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:
§ 144-83 Blocks.
A.
For residential development the requirements of the RSIS shall be applied.
B.
For all other types of development, block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic, but in no case shall the block be less than 400 feet nor more than 1,200 feet in length at the center lines.
C.
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
§ 144-84 Building design.
A.
Within any residential district, no building with a permitted professional office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.
B.
The Township Committee hereby finds that uniformity in the exterior design and appearance of dwellings erected in the same residential neighborhoods tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas; and tends to deprive the municipality of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal service provided therefor. It is the purpose of this section to prevent these and other harmful effects of uniformity in design and appearance of dwellings erected in any housing development in the same residential neighborhood and, thus, to promote and protect the general welfare of the community.
(1)
Except as provided in this chapter, not more than one construction permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 150 feet of a dwelling then in existence or for which a construction permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
(2)
Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
(a)
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations;
(b)
The height and design of the roofs are without substantial change in design and appearance;
(c)
The size and type of windows and doors in the front elevation are without substantial differentiation.
(3)
In addition, there shall be no fewer than two separate basic house designs in every housing development consisting of nine to 15 houses; no fewer than five basic house designs in every housing development consisting of 16 to 50 houses; no fewer than six basic house designs in every housing development consisting of 51 to 77 houses; and no fewer than eight basic house designs in every housing development consisting of 78 or more houses.
(4)
To ensure conformity with the provisions of this chapter, no construction permit shall hereafter be issued for more than one dwelling unit in any housing development until after the builder shall post or cause to be posted on the map of the subdivision on file with the Construction Official the type and model of each house for which a construction permit has been or is being issued.
(5)
The provisions, requirements and standards heretofore set forth shall not be considered met where there is an attempt to make minor changes or deviations from building plans and location surveys, which changes show an obvious intent to circumvent the purpose of this section.
(6)
Commercial building design. Development is encouraged in the form of a cluster of buildings rather than linear development. To encourage development in that form, a significant building offset and roof offset of a least five feet will be required every 60 feet of building length. The building must be contained within a design area of 300 feet by 300 feet so that from any angle no more than 300 feet of building face can be seen. Porches and balconies are encouraged.
§ 144-85 Community residences.
Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts of the municipality, and the requirements thereof shall be the same as single-family dwelling units located within such districts. A community residence for the developmentally disabled or community shelter for victims of domestic violence housing more than six persons, excluding resident staff, shall adhere to the applicable conditions under medical complexes.
§ 144-86 Curbs and gutters.
All curbs and getters shall meet the requirements of the RSIS.
§ 144-87 Driveway standards.
A.
Driveways and parking lot drive aisles for all development except individual single-family residences shall conform to the requirements of the RSIS.
B.
Driveways for individual single-family residential units shall be constructed to allow safe and efficient entry and exit for fire or other emergency vehicles.
C.
When a driveway for an individual single-family residence extends 200 feet or more from a road, it shall be a minimum of 15 feet in width and provide adequate area to turn around at the end.
D.
All new home construction shall provide the ability to turn vehicles around entirely on the subject parcel.
§ 144-88 Energy conservation.
All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
§ 144-89 Environmental impact statement.
A.
Intent. The intent of the environmental impact statement requirement is to provide for the Township of Mullica a basis for making determinations in order to protect its delicately balanced physical and biologically active land area. Given the fact that major portions of the Township are environmentally sensitive and stand to suffer adverse environmental effects without proper control if uncontrolled land use patterns take place, it is recognized that, in order to promote land uses which promote the public health, safety and welfare, protect public and private property, and are reasonably consistent and compatible to the natural laws governing the physical, chemical and geological environment of the Township, environmental impact statements shall be required to protect the environmental conditions naturally existing in the Township. It is in this interest that this article is established.
B.
Projects requiring environmental impact statements.
(1)
Environmental impact statement required for:
(2)
The environmental impact statement shall accompany the initial submission of all required Township documents.
(3)
The Planning Board may, upon determination that no significant impact is likely to exist or where a certificate of filing has been issued by the Pinelands Commission, waive any or all of the requirements for an environmental impact statement.
C.
Preparation and contents of environmental impact statement.
(1)
Preparation.
(a)
Interdisciplinary approach. The environmental impact statement should be prepared using an interdisciplinary approach. The qualifications of the person(s) who prepared each of the various elements of the statement shall be identified in a separate section of the EIS. References shall be cited throughout the statement, as appropriate, and listed fully using a consistent standard format.
(b)
Format. The environmental impact statement shall be bound, or in a loose-leaf binder, and submitted on 8-1/2-inch-by-11-inch paper. Each major section of the statement shall be clearly identified and shall begin on a separate page. All maps, plans, and aerial photographs included in the statement shall specify a north point, graphic scale, date of preparation, source of information, and where appropriate, boundary lines. Maps, plans, and aerial photographs submitted in each major section of the statement shall be at appropriate scales to facilitate comparative analyses and assessments of environmental impacts.
(2)
Contents. The EIS shall contain the following elements, as specified below:
(a)
Coverage page. The cover page shall indicate:
(b)
Summary. A one-page summary containing the following elements shall be placed at the beginning of the EIS:
[1]
Brief description of the proposed facility, including its location.
[2]
Summary of major beneficial and adverse environmental impacts of the proposed facility.
[3]
Summary of major alternatives considered.
[4]
Township, county, state, and federal approvals received for the proposed facility, if any.
(c)
Table of contents. The EIS shall contain a table of contents indicating the page numbers of the major sections and subsections of the EIS, as well as any appendixes and accompanying exhibits.
(d)
Inventory. The applicant shall succinctly describe the existing environmental conditions of the site and surrounding region in sufficient details to assist in the location and design of the facility, provide a basis for the applicant's assessment of the probable beneficial and adverse impacts of the proposed facility, and enable the Township to make the findings for permit approval.
(e)
Project description. The applicant shall succinctly describe what he/she proposes to do, and where and how he proposes to do it, during construction and operation of the facility. The project description shall include written text and graphic materials including a site plan which may contain much of the project description information. General project description requirements for each facility type as required herein.
(f)
Assessment. The applicant shall succinctly assess the probable beneficial and adverse impacts of the proposed facility on the built and natural environment as described in the inventory section of the EIS. This is the most important section of the EIS. Where appropriate, on-site primary impacts and off-site secondary impacts shall be assessed. Specific assessment requirements vary depending upon the sensitivity of the land and water features of the site and the scale and complexity of the proposed facility. In general, the assessment shall be made from the long-term perspective that each generation is a trustee of the natural and built environment for future generations.
(g)
Unavoidable adverse environmental impact. The applicant shall describe probable adverse environmental impacts of the facility that cannot be avoided, including irretrievable commitments of resources, which shall be listed in the order of their relative magnitude.
(h)
Techniques to minimize adverse environmental impacts. The applicant shall describe the steps he will take to minimize or avoid adverse environmental impacts during the facility's construction, operation, or removal both at the site and in the surrounding region. The applicant's program for ascertaining and verifying the accuracy of the environmental assessment of the facility, and the actual effects of project construction shall also be described.
(i)
Other required licenses, permits, and approvals. The applicant shall list all known licenses, permits, and other approvals required by Township, county, state or federal law for the construction and operation of the proposed facility. The status of each shall be identified.
(j)
Documentation. The applicant shall prepare a reference list using a consistent standard format of all published materials, reports, manuscripts or other written sources of information on the facility, its site, and surrounding region consulted and employed in the preparation of the environmental impact statement. A separate reference list of all government agencies and individuals that either provided this information orally and by letter or coordinated the EIS shall be prepared, with the dates and locations of all meetings specified. The documentation section shall also indicate the person(s) that prepared each major section and subsection of the EIS, including their qualifications.
(3)
Review process and time schedules. The same time schedule and conditions applicable to review of the full site plan requirements shall also govern the review of a submitted EIS.
(4)
Environmental impact statement requirements.
(a)
Inventory elements.
[1]
General site location map. The site of the proposed facility shall be located on a U.S. Geological Survey May of the Township.
[3]
Geology and soils. A map and text shall identify and describe the physical features of the site, including, but not limited to:
[a]
Soil types, as classified and mapped by the Cooperative Soil Survey as conducted by the Soil Conservation Service of the U.S Department of Agriculture in cooperation with the New Jersey Experiment Station, Cook College, Rutgers University, and the State Soil Conservation Committee, New Jersey Department of Agriculture (SCS-USDA), where available, or alternative soil types if SCS-USDA date is unavailable;
[b]
A soils data chart with descriptions indicating the following information for each soil type identified within the site in Subsection C(4)(a)[3][a] above:
[i]
Drainage class;
[ii]
Permeability class;
[iii]
Seasonal high water table;
[iv]
Foundation limitations;
[v]
Agricultural land capacity class;
[vi]
Erosion potential;
[vii]
Septic tank suitability, if appropriate;
[viii]
Trafficability (dust hazard);
[ix]
Depth of and name of the first geologic formation named on New Jersey Geologic Map, Atlas Sheet 40, including pre-quaternary deposits;
[x]
Degree of acidity and alkalinity of the soil (pH of 5.5 or lower and pH of 8.5 or higher).
[c]
Engineering soil classification, as mapped by SCS-USDA;
[d]
An engineering design characteristics chart indicating the following information for each engineering soil classification within the site in Subsection C(4)(a)[3] above:
[e]
The location, nature, and thickness of any areas containing landfill materials on and within 200 feet of the site, as well as the beginning and cessation dates of landfill activities;
[f]
Potentially valuable mineral, gravel, or other subsurface resources of the site shall be identified.
[4]
Hydrology. A topographic map of the site and its surroundings to a distance of 200 feet, with contour intervals not greater than one foot, and accompanied by appropriate text, shall identify and describe the following items:
[a]
Surface water.
[i]
Existing natural and man-made watercourses, including drainage ways, swales, and water control structures, on and within 300 feet of the site, with their location, width, slope, capacity and direction of flow;
[ii]
Flood hazard areas or flood-prone areas with cross-section of watercourses at an appropriate scale and at appropriate intervals along the watercourse, showing extent of floodplain, top of bank, normal water level, and bottom elevation;
[iii]
Existing lakes, ponds, bays, wetlands and estuaries within or adjacent to the site, with location, extent, and water level elevation;
[iv]
Existing storm drainage systems, including storm sewers, drainage ditches, and retention or detention basins, on or adjacent to the site, with location, extent, capacity and direction of flow;
[vi]
Existing slope analysis, with slopes of 0 to 1%, 2 to 4%, 5 to 9%, 10 to 14%, and 15% or more delineated;
[5]
Vegetation. A map and text shall identify and describe the vegetation of the site, including but not limited to the following items:
[a]
The vegetation types present indicating the major species by scientific and common name. Where applicable, both overstory and understory species should be included;
[b]
The acreage and percent of total area represented by each type;
[c]
Data for forest types shall include average diameter at breast height (measured at 4.5 feet above ground level), diameter range, and basal area for the overstory trees;
[d]
Species of specimen trees unique because of scarcity, size, and historical significance or endangered shall be indicated.
[6]
Fish, shellfish and wildlife. A map and text shall identify and describe the fish, shellfish and wildlife of the site (indicated by their common and scientific names) including, but not limited to, the following items:
[a]
The species of fish present of which could be affected by the proposed project and the amount and quality of their associated habitat including invertebrate food sources;
[b]
The species of shellfish present or which could be affected by the proposed project and the amount and quality of their associated habitat;
[c]
The species of wildlife (mammals, birds, reptiles, amphibians, or aquatic organisms) present or which could be affected by the proposed project and the amount and quality of their associated habitat;
[d]
Any areas within the proposed site which are critical to the life cycle of any species of fish, shellfish or wildlife should be discussed.
[7]
Water quality:
[a]
Surface waters. A water quality inventory of all water bodies directly affected by the proposed development based on information available from the Township, County Health Department, Department of Environmental Protection, the USGS, USEPA or the Pinelands Commission, which shall include a description of orders or programs in place in regard to water quality.
[b]
Groundwater. Where groundwater is to be utilized for potable water, the quantity and quality of test wells shall be included in the inventory.
[8]
Wastewater treatment facilities. The existing and proposed wastewater treatment facility available to the site shall be identified and described in maps and text, indicating:
[a]
Availability of existing facilities, including status of sewer connection ban, if any;
[b]
The adequacy of existing facilities, including:
[i]
Design capacity, type of treatment provided, and location of outfall;
[ii]
Current flows (including average monthly during highest month and highest twenty-four-hour flow);
[iii]
Outstanding commitments to accept additional flows from other projects;
[iv]
Water quality standards and effluent limitations.
[d]
Where individual septic tanks are proposed, indicate:
[i]
Location of registered or licensed water supplies within 500 feet of the project;
[ii]
Field date describing results of soil borings, percolation test and seasonal high groundwater table conditions, with specific locations (including the dates of these tests). Soil borings shall be classified by the Unified Soil Classification System.
[9]
Air quality. The existing air quality of the site and its surrounding region shall be evaluated and described, using existing monitoring data collected by and available from the New Jersey Department of Environmental Protection. The applicant may also monitor the existing air quality, or estimate air quality utilizing other sources of information.
[10]
Energy. The energy supplies available for delivery to the site shall be estimated, with types of energy, points or origin and means of transmission and delivery described and located. The percent of existing supply presently utilized shall be identified and, if applicable, differences in seasonal demands shall be indicated.
[11]
Public services. Existing public and private services relevant to the proposed facility and available at the site and its surrounding region shall be described and located. Such services shall include, but not limited to: police and fire protection, first aid and ambulance services, health services, solid waste and garbage services, public and private education facilities, commercial facilities, and cultural facilities.
[12]
Outdoor recreation. A map and accompanying text shall identify the site and locate and describe the types and quantities, physical accessibility and availability for public use of recreation facilities and services within two miles of the site, including but not limited to the following: waterways, beaches, wetlands, marinas, boat docks and launching tennis courts, swimming pools, bikeways, etc. The extent of existing use and of unused capacity of these facilities shall also be generally indicated. All recreation areas and facilities shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 6.144(1)1-3 and protection publication "Administration Guidelines: Barrier-Free Design Standards for Parks and Recreation Facilities."
[13]
Transportation. The existing and known proposed transportation system available to the site and its surrounding region shall be described and located on a map at an appropriate scale. The highway and road network, other forms of public and private, individual and mass transportation, frequencies, volumes, peak periods, and routes shall be identified. The relationship between places of employment and residential areas in the region shall be discussed.
[14]
Historical and cultural resources. The social, economic, and community history of the site and its relevant surrounding region shall be described. Areas and sites of archaeological, architectural, anthropological, and historic significance including those proposed for nomination or included in the National and State Register of Historic Places, shall be identified, described, and located on a map. An awareness of both above- and below-ground cultural resources, if any, should be reflected in accordance this section, which should include a synopsis of the effort and method that is the basis for this awareness.
[15]
Aesthetics. The existing visual character and scenic attributes of the built and natural environment of the site and its relevant surrounding region, including common and significant views and vistas to and from the site, shall be described and depicted graphically, as appropriate.
[16]
Demographic, social, and economic conditions. A general demographic profile of the municipality and county in which the proposed facility is located shall be prepared, including data on the age, family income and occupation distribution of the population, as well as recent demographic trends. The relevant general social and economic problems and opportunities of the site and its relevant surrounding region, including housing considerations, municipal and county government revenues and expenditures, employment, and property values, and the relevant legitimate economic aspirations of the inhabitants of the coastal area shall be discussed.
(b)
Project description.
[1]
Land development or building type description shall be provided.
[2]
Transportation plan. The site plan or separate plan shall identify, locate, and describe, where applicable, the following items in the circulation system for motor vehicles and pedestrians for the proposed facility:
[a]
The system of roads, sidewalks, paths, bikeways, bridges, underpasses, intersections, and interchanges, including width, curb, clearances, capacity, and composition of materials;
[b]
Loading and unloading areas;
[c]
Off-street parking areas, including number of spaces and garages, and width of aisles;
[d]
Access points, both entrance and exists, to the type from the surrounding transportation system;
[3]
Utilities plan.
[a]
The site plan or separate plan shall identify, locate and describe the proposed type and capacity of the following utilities, where applicable, which serve the site and are employed at the site by the facility:
[i]
Water supply system;
[ii]
Sanitary sewer system;
[iii]
Storm drainage system;
[iv]
Electricity service;
[v]
Gas service;
[vi]
Telephone service;
[vii]
Solid waste disposal and garbage collection service;
[viii]
Cable television system;
[ix]
Fire alarm system;
[x]
Steam distribution system;
[xi]
Street and on-site lighting system.
[b]
The demand for the utility generated by the proposed facility shall be specified and, where possible, the existing capacity of the utility and the remaining unused capacity of the utility shall be indicated.
[c]
The utilities plan shall also include an energy plan specifying anticipated energy process, and other uses, and energy conservation techniques to be implemented including landscaping and building citing as a result of a microclimatic analysis. It shall further describe alternative sources or types of energy to serve the facility, compare their efficiency and cost, and state the reasons for selection of the preferred alternatives. The energy plan shall also discuss how the facility will manage its energy load in order to reduce peak load demand, or shift its load off the system-wide peak of the supplying utility system.
[d]
Storm drainage analysis should include the expected amount of runoff from the site after development, the design capacity of any proposed retention facilities, and the expected velocities at drain and culvert outlets. Calculations should be included in accordance with Chapter 200, Stormwater Management, of the Township Code.
[e]
The utilities plan shall also include a strategy of water conservation, including techniques for recycling of water.
[4]
Soil erosion and sediment control plan. The site plan or a separate plan shall identify, describe and locate the following items, where applicable, for the proposed facility:
[a]
Specific sediment control methods and structure, including but not limited to: seeding, mulching, sodding, diversions, waterways, slope stabilization structures; and sedimentation basins, including the design rationale for permanent sedimentation basins or other waterways;
[b]
A schedule for the installation of planned erosion and sedimentation control measures, stating anticipated starting and completion dates for clearing and grading, timing and storm drain or culvert installation, duration of exposure of soils, and critical areas stabilization, both temporary and permanent;
[c]
An outline of procedures for the maintenance of the erosion control facilities, including disposal of materials to be removed from these control facilities.
[5]
Open space and recreation plan. The proposed location, type, and quantity of open space provided by the applicant at the site shall be classified and described. The proposed location, type and quantity of areas and structures provided by the applicant for on-site active and passive, indoor and outdoor recreation shall be classified and described. The applicant shall discuss how the open space and recreation areas and structures are to be maintained. The applicant shall demonstrate how the proposed open space and recreation system links with, enhances, or expands upon other contiguous or adjacent open space and recreation areas, specifying how the public's access to the open space and recreation system is assured, either by public ownership, dedicated land, easement or other suitable mechanisms.
[6]
Aesthetics plan. The applicant shall describe the aesthetics of the proposed facility by providing appropriate section, elevations, sketches, renderings, and photographs of scale models of any structures or construction associated with the facility. Building materials, textures, and color schemes shall be described. Perspective views of the facility from several on-site and off-site vantage points shall be provided. If the application requests a permit for a facility with a repetition of several building designs, an aesthetics plan may be submitted for each of the typical buildings' design.
[7]
Construction plan. The applicant shall describe and estimate the construction cost, schedule, and methods of the facility, including the following items:
[a]
Total estimated capital cost of construction of the facility, itemized by major category;
[b]
Number and types of firms and individuals to be employed;
[c]
Construction time table, by major components and total time;
[d]
Staging of construction, with sequences identified;
[e]
Anticipated site preparation and on-site construction;
[f]
Construction techniques, including industrialized building systems;
[g]
Means of construction equipment access to the site.
[8]
Operation plan. The applicant shall describe in general what the completed facility will do, how it will operate, including, but not limited to, the following items, where appropriate:
[a]
ownership and maintenance of the facility, including mechanisms for common ownership in planned unit development;
[b]
Goods and services to be produced and delivered including needs satisfied, clients to be served, and normal hours of operation;
[c]
Estimated economic value of added goods and services to be produced;
[d]
Estimated number and types of jobs to be created, including payroll;
[e]
Estimated assessed valuation of the facility, addition to property tax base; and addition to annual property tax income;
[f]
Description of industrial processes;
[g]
Estimated resident population, working population, and visitor population, and their estimated demands for public services.
[9]
Future site plan. The applicant shall furnish a written statement and appropriate maps locating and explaining future improvements anticipated by the applicant, if any, to both the site and adjacent land owned or leased by the applicant or that the applicant has an option to purchase or lease.
[10]
Riparian lands. If the proposed facility will involve riparian lands, the applicant shall furnish evidence of having made application for the necessary riparian grants, leases, and licenses, and/or waterfront development permits with the application for a coastal area facility permit.
[11]
Regulated wetlands. If the proposed facility partially includes regulated wetlands, the applicant shall furnish evidence of having made application for a wetlands permit, pursuant to N.J.S.A. 13:9A-1 et seq.
§ 144-90 Water supply systems, where required.
A.
For all development, when it is determined that a public water supply system is required, the requirements of the RSIS shall be applied.
B.
In a residential development, fire hydrants shall be located so that the distance from any proposed building to the nearest fire hydrant is not more than 400 feet, measured along the curbline.
C.
In commercial and industrial development, standards of the appropriate fire insurance rating association shall apply. The type of fire hydrant shall be approved by the municipal engineer.
§ 144-91 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 barrens forest | |
Prescribed burned areas | ||
High | Pine barrens forest including mature forms of pine, pine-oak, or oak-pine | |
Extreme | Immature 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 the fire hazard classification set out in Subsection A above unless such development complies with the following standards:
(1)
All proposed development, or units or sections thereof, of 25 dwelling units or more will have two access ways or a 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 rights-of-way of all roads will be maintained so that they provide an effective fire break;
(4)
(5)
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:
(a)
Shrubs, understory trees and bushes and ground coverage are selectively removed, mowed or pruned and maintained 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 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 the floor shall be screened;
(d)
Chimneys and stove pipes 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.
§ 144-92 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 distance 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.
§ 144-93 Historic resource preservation.
A.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-B.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. 7:50-6.155(b).
E.
A cultural resource survey shall accompany all applications for development within Pinelands Village zones (NV, NVC, EV, EVC, SV, WV) 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 vocational archaeologists 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.
(1)
This requirement for a survey may be waived by the local approval agency if:
(a)
There is insufficient evidence of significant cultural activity on the project site or, in the case or 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 date 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 or significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions or significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(c)
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or
(d)
The presence of a site or area that 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/or Zoning 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.
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; and
(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 applicant shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery (36 CFR 66).
§ 144-94 Landscaping.
Landscaping shall be as determined by the Planning Board of the Township of Mullica and shall be in accordance with the following:
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 that incorporates the elements set forth in Subsection 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 Subsection C above 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 ere 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 clear-cut and converted to lawns except when directly associated with or adjacent to a proposed structure; and
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation of 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; or
(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 of those plants designated by the Department of Environmental Protection as endangered plant species pursuant to N.J.A.C. 7:5C-5.1 as well as those threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
F.
Commercial development shall be required to meet the following landscaping and screening requirements. A landscaping plan must be submitted for the entire site. The plan must address buffer planting requirements, parking requirements and plantings in the public use areas and any area to remain undeveloped.
(1)
All parking islands shall be a minimum of eight feet wide.
(2)
A minimum of one shade tree and two bushes for every eight parking spaces shall be planted inside the parking area and one shade tree for every 30 feet of curb or paving edge, not counting the planted buffer, is required.
(3)
Buffering and landscaping in the developed areas along street rights-of-way. Intensive attractive landscaping is required in the front yard setbacks abutting the street right-of-way. Buffer and landscape plantings are required in front of the developed area in order to maintain the existing rural and scenic views along the rights-of-way of the Township. The following is the minimum standard:
(a)
Berms are to be four to six feet high. If a berm is less than six feet high, it must be planted with enough low shrubs to form a continuous screen three feet high and be 95% opaque year round. In addition, one tree is required per 30 linear feet of landscaped area. Ground cover plants must fully cover the remainder of the landscaped area. A three-foot masonry wall may be substituted for the shrubs, but trees and ground cover are still required. A six-foot high berm must have one tree for every 30 lineal feet of berm or as appropriate to provide a tree canopy over the landscaped area. Ground cover must fully cover the remainder of the landscaped area.
(b)
Berms are required in the front setback between all parking areas, paved areas and the right-of-way.
(c)
Berms are required in the front yard setback to screen 50% of any other improvement facing the right-of-way.
(d)
Unbermed areas in the front yard setback shall be fully landscaped with canopy trees, evergreens and ground cover.
(4)
Buffering in side and rear setback area.
(a)
An evergreen tree planting, minimum height of five feet, double row staggered, 10 feet on center and 10 feet apart shall be planted in the setback area.
(5)
No parking lot shall contain more than 20 spaces in a row without interruption by a landscape divider at least eight feet wide.
§ 144-95 Lighting standards.
The following lighting standards shall be applied to all zone districts in the Township of Mullica. The purpose of this section is to ensure the safe lighting of all areas and to regulate the spillover and glare of light.
A.
Public safety and security. All off-street parking areas, pedestrian walkways and accessways serving multifamily residential, commercial and industrial uses shall be adequately illuminated for security and safety purposes.
B.
Glare prevention. All lighting shall be designed, oriented and installed in order to prevent glare upon adjacent properties and roadways.
C.
Plans shall be submitted for approval showing proposed lighting for all projects, including residential, commercial and institutional facilities.
D.
Signs which are to be illuminated shall be shown on the plans, indicating types of lights, lamp wattage and control of lighting.
E.
The lighting plan shall be comprised of a site plan indicating the location of all luminaries. Each luminar shown shall have isofootcandle curves indicated showing each of the following footcandle values: 0.3, 0.5, 0.75, 1.0 and 2.0.
F.
Details of the luminaries shall be shown on the plans and shall indicate the following:
G.
Lighting intensity standards shall conform in all respects to the latest design criteria as published by the Illuminating Engineering Society (IES) of North America.
§ 144-96 Monuments.
§ 144-97 Public trust lands.
§ 144-98 Sanitary sewers.
For all development, when it is determined that a public sanitary sewer system is required, the requirements of the RSIS shall be applied.
§ 144-99 Sidewalks.
All sidewalks shall meet the requirements of the RSIS.
§ 144-100 Streets.
A.
Streets serving residential development shall be constructed as required in the Residential Site Improvements Standards (N.J.A.C. 5:21-4.1 et seq.).
B.
Streets serving other types of development shall be constructed to serve the loading conditions expected to be imposed thereon. As a minimum standard, they shall be constructed as follows:
(1)
Streets shall be constructed of hot mix asphalt pavement laid in two courses on a soil aggregate base course in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction.
(2)
The soil aggregate base course shall be composed of dense graded aggregate or a soil aggregate conforming to gradation designation I-5. Thickness of this base course shall be a minimum compacted thickness of six inches. Width of this base course shall be two feet wider than the finished surface to be placed thereon.
(3)
The base course shall be hot mix asphalt base course (Mix I-2) having a minimum compacted thickness of two inches. Width of this base course shall be eight inches wider than the finished surface to be placed thereon and it shall be centered upon the soil aggregate base course constructed in Subsection B(2) above.
(4)
The surface course shall be a hot mix asphalt surface course (Mix I-5) having a minimum compacted thickness of 1 1/2 inches. The surface course shall be centered on the hot mix asphalt base course constructed in Subsection B(3) above.
(5)
Concrete curbing shall be required where determined by the municipal engineer. Streets having longitudinal slopes less than 0.5% shall also have concrete gutters where the need for curbing has been determined by the municipal engineer.
C.
Where subbase conditions of proposed streets are poor or of such nature that surfacing would be inadvisable as determined by the municipal engineer without first treating the subbase, the following additional work shall be required.
(1)
The street shall be excavated to a depth of 15 inches below the proposed finished grade. A system of under drains shall be constructed beneath the surface of the roadway and connected to a suitable drain.
D.
Prior to construction of the surface course of the proposed pavement, all underground utility mains and service lines shall have been installed. All service lines shall extend for temporary termination to the right-of-way line of the street.
E.
Temporary street improvements and extension of Township streets.
(1)
No building permit shall be issued for the construction of any building or structure unless the lot on which the construction is to occur abuts a street that is improved for the full frontage of the lot to Township standards as set forth in Subsections A through D of this section or such suitable improvement has been assured by means of a performance guaranty. Relief, however, from this requirement may be granted pursuant to the terms of this section. Further, nothing contained herein is intended to limit the powers of the Zoning Board of Adjustment as provided in § 144-12D of this chapter.
(2)
Municipal agreement.
(a)
The owner of a single building lot abutting an unimproved street may apply to the Zoning Officer for a permit to construct a temporary street not meeting the normal construction requirements of Subsections A through D of this section. The temporary street shall be constructed from the nearest street improved to the normal construction requirements of Subsections A through D of this section to a point which includes the full frontage of the applicant's lot.
(b)
The applicant shall provide the Zoning Officer with the following:
[1]
A completed application form.
[2]
Four copies of the design plan and profile for the length of the street required, a copy of an engineer's estimate of the construction cost of the improvements as specified in Subsection E(4) of this section and a copy of an engineer's estimate of the construction cost for a street as required by Subsections A through D of this section, said latter estimate being prepared using the projected date for completion of the street to Township standards. All plans, profiles and estimates shall be prepared by the applicant's engineer, and a copy of that engineer's invoice for preparation of same shall be filed with the Zoning Officer.
[3]
The location and length of the proposed temporary street.
[4]
The projected date for the completion of the street to Township standards, which shall not exceed three years.
[5]
A certified list prepared by the municipal tax assessor of each owner of record for property abutting the unimproved street from the nearest street improved to Township standards to a point which includes the full frontage of the applicant's lot.
[6]
The applicant shall pay all costs incurred by the Township and its professionals and shall post 5% of the engineer's estimate of cost for the construction of the street to the Township standards at the time a request is filed with the Zoning Officer.
(c)
The Zoning Officer shall provide the information to the Township Engineer, who shall review the plan and if the plan is acceptable, approve the plan, profile and written estimates. The Zoning Officer shall then forward the approved plan and estimates to the applicant.
(d)
The applicant shall then notify by certified mail each abutting owner of record of the proposed temporary street using a form supplied by the Zoning Officer, asking said abutting owners to share the costs of the streets to be constructed in accordance with requirements of Subsections E(4) and A through D of this section. The abutting owners shall be asked to respond within 30 days. This notification shall include copies of the approved plans and estimates.
(e)
Abutting owners who agree to share in the cost of the improvements shall reimburse the original applicant for their proportionate share of the engineering design costs as evidenced by the design engineer's invoice and the Township's escrow fees.
(f)
The Township may then enter into a written agreement with the applicant and any or all of the other property owners on the unimproved street so as to provide for the establishment of an interest-bearing escrow account for the collection of the necessary funds to construct the street to Township standards as of the projected completion date. Said funds shall be collected from those property owners taking part, either as an added assessment to be included on their respective tax bills or as may be otherwise agreed to with the Township. It shall be the responsibility of the individual property owners and not the Township to collect any payments due under such an agreement and to provide these payments to the Township for deposit into the interest-bearing account. In the event of default by any property owner, the remaining property owners shall be collectively responsible for the uncollected proportionate share.
(g)
Upon the collection of the full amount pursuant to the agreement, the Township shall, as a part of its next succeeding annual road repair and construction program, construct the street to the Township standards in accordance with this section.
(h)
At any time prior to the construction of the street to Township standards pursuant to the municipal agreement, the property owners participating in the municipal agreement may construct a temporary street pursuant to the construction standards set forth in Subsection E(4) of this section. In this instance, the applicant must obtain all necessary permits and approvals from local, county, state or federal agencies prior to any construction being undertaken. Upon the construction of such a temporary street, the property owners participating in the municipal agreement shall be entitled to obtain building permits for their lots fronting upon that temporary street.
(i)
If, for any reason, any of the parties to an agreement for improvement of a street shall fail to make a payment when obligated, the remaining parties shall become jointly and severally obligated to make that payment and to maintain the agreed-upon payment schedule. The Township shall have the option of redistributing the cost to the remaining property owners who are parties to the agreement in proportion to their agreed-upon allocation or the Township may issue stop notice on ongoing construction and/or refuse to issue additional building permits on the temporary street, as it shall deem to be in the best interest of the Township.
(j)
The obligation of maintenance of such a temporary street shall remain solely and exclusively with the abutting property owners until such time as the street has been constructed to Township standards. The obligation to maintain the temporary street shall include but not be limited to snow removal and correction of drainage problems for the purpose of providing access to emergency vehicles. The obligation of maintenance shall shift to the Township only upon construction of the street to Township standards and acceptance by the Township of the street, in accordance with the ordinances of the Township and the statutes of the State of New Jersey.
(k)
Building permits shall be issued to owners of lots not sharing in the cost of the temporary street improvement and not entering into the municipal agreement, only upon those owners entering into the municipal agreement and reimbursing the original participants of the municipal agreement for the difference between what was paid by them and what would have been paid if the owner had initially entered into the municipal agreement.
(3)
Relief from construction requirement.
(a)
In the event that only one property owner applies for a permit pursuant to Subsection E(2) above and no other property owner on the unimproved street joins in the request within a thirty-day period, the applicant may then apply to the Zoning Board of Adjustment for relief from the requirement that a building lot abut an improved street. Application shall be made to the Zoning Board of Adjustment which may allow the applicant to obtain a permit to construct and maintain a temporary street in accordance with the construction standards in Subsection E(4) of this section, and, upon construction of such a temporary street, the applicant shall be entitled to obtain a building permit for said lot although it does not abut a street improved to Township standards.
(b)
Any relief granted by the Zoning Board of Adjustment shall include but not be limited to the following conditions:
[1]
The temporary street must be constructed for the full frontage of the applicant's property to the nearest suitably improved street.
[2]
The applicant shall ensure adequate access for police, fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of the public health, safety and welfare.
[3]
The temporary street must follow the street lines as shown on the Official Map or Township Tax Map, or as may be required by the Township Engineer.
[4]
The applicant shall be responsible for all maintenance of the temporary street as required in Subsection E(2)(j) of this section.
[5]
The construction of the temporary street shall be subject to the municipal street opening application process and the cost of the improvement shall be covered by a performance guarantee.
(c)
Relief under this subsection shall not be granted by the Zoning Board of Adjustment with respect to the owner of any lot on an unimproved street who is given the prior opportunity to participate in the municipal agreement but did not because they have relinquished any potential for a claim of practical difficulty or unnecessary hardship. All subsequent applications shall be made pursuant to Subsection E(2) of this section.
(4)
Construction standards for temporary street improvements and extensions.
(a)
The property owner or owners shall engage a licensed professional engineer to prepare a plan and profile of the proposed temporary street improvement. The plans shall include and delineate all drainage structures required within the limits of construction and an estimate of quantities for the entire cost of the improvements. Drainage calculations shall be submitted supporting the engineering design.
(b)
Upon review and approval by the Township Engineer, a temporary street improvement may be constructed. This construction shall be constructed to the lines and grades on the approved plan and profile. The Township Engineer shall also determine if the drainage structures must be constructed at the time of the temporary extension or may be deferred until when the road is improved to Township standards.
(c)
Minimum specifications shall be as follows:
[1]
The minimum cartway width shall be 20 feet. In the event that the existing cartway width is more than 20 feet and this is an extension of an existing improved street, the proposed temporary street extension shall match the existing width of the paved surface.
[2]
The temporary street extension shall be constructed of a six inch thick base course, conforming to the requirements of Subsection B(2) of this section. Under drains may also be required depending upon the subgrade conditions along the route of this temporary street.
[3]
The field stakeout of the improvement shall be performed by a licensed professional land surveyor who shall certify that the construction stakeout has been performed according to the approved plan and profile. This certification shall be forwarded to the Township Engineer upon completion of the construction stakeout.
F.
Excavation, opening and extension of public streets.
(1) APPLICANT EMERGENCY OPENING EXCAVATION MAINTENANCE SURETY PERFORMANCE SURETY PERMITTEE PERSON STREET or ROAD
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning herein given:
Any person making written application to the Township and or Township Engineer for an excavation or road opening permit.
An urgent opening and repair operation required to protect the health, safety and welfare of the general public from the immediate hazards posed by a broken and/or leaking facility, an eroded and undermined structure, or other similar instance involving a sudden and unforeseen hazard.
The extension, opening or any other work permitted under a permit and required to be performed under this site.
A corporate bond, guarantee bond, or certified check or other similar surety acceptable to the Township Solicitor as a guarantee of good faith performance of all maintenance and repair required at the site.
A corporate bond, performance bond, certified check or other similar security acceptable to the Township Solicitor, furnished by the applicant as a guarantee of good faith in performing and completing the work as described in the application and permit forms in full compliance with the construction standards contained herein and to assure that any subsequent necessary repairs are accomplished as directed by the Township Engineer.
Any person who has been granted and has in full force and effect a permit issued hereunder.
Any person, firm or partnership, association, corporation, company or organization of any kind.
The entire width between property lines of any way open to use or proposed to be open to use of the public by right.
(2)
Permit requirement. It shall be unlawful, unless a specific street opening permit has been secured, to:
(a)
Excavate, open, repair, construct or extend any portion of any street;
(b)
Make or cause to make any excavation in or under the surface of any street for any purpose;
(c)
Place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of street;
(d)
Clean any Township right-of-way of vegetation for the installation of gravel material and or construction of a bituminous concrete cartway;
(e)
Perform any other operation on any street which interferes with or disturbs the surface of such street in any manner.
(3)
Application procedure. In order to apply for a permit, a person shall:
(a)
Submit a written application to the Township Clerk for the issuance of a permit.
(b)
Upon the application, state name, address and telephone number and any other data as may be reasonably required by the Township Clerk and Township Engineer.
(c)
Attach plans or drawings to the application. Said plans or drawing must be prepared to clearly show any proposed work.
(d)
Applicants has the additional responsibility of obtaining a separate permit as required by N.J.S.A. 2A:170-69.4, 2A:170-69.6,[1] when the proposed excavation or work to be performed is located within 200 feet of a gas pipeline. All permits issued by the Township are subject to the issuance of said separate permit. Applicant is also responsible for contacting all other local utilities to determine whether any property or facilities of the utilities are located in the vicinity of the proposed excavation or work site and, if so, applicant is obliged to comply with any statutes or regulations pertaining thereto. Applicant has the additional responsibility to notify all utility companies of intent to begin construction no later than three working days before starting construction.
[1]
Editor's Note: Said N.J.S.A. 2A:170-69.4 to 2A:170-69.6 were repealed by L. 1978, c. 95. For current provisions, see N.J.S.A. 48:2-73 et seq.
(4)
Exceptions.
(a)
The provisions of this section shall not apply to any persons engaged in any contracting activity authorized by and under the administration of the Department of Public Works.
(b)
Upon review of a permit application by the Township Engineer, the Township may waive the permit process outlined in this section when the Township deems it in the best interest of the applicant and the Township to permit such waiver.
(c)
In the event any main conduit or other utility installation in or under any street, alley, sidewalk or public way shall burst, break or otherwise be in such condition as to endanger persons or property, the owner of such main, conduit or other installation shall immediately remedy such trouble and shall immediately take all necessary steps to make the location safe and secure. However, such owner shall apply for a permit within 10 days after such steps have been taken and the necessary permanent repairs to any street, alley or sidewalk at such location shall be made under the direction of the Township Engineer in accordance with the terms of this section.
(5)
Issuance of permit. Upon the receipt of an application form and payment of fees and deposits hereinafter described, the Township Clerk shall forward said application to the Township Engineer for review. Within 10 days following the Engineer's review, the Township will, at its discretion, issue a permit to excavate, open or extend any street surface located in its parameters. The permit shall state the name of the applicant, address and telephone number, location of the excavation, opening or extension and the number of days of which the permit shall be effective, which shall not exceed one year from the date of issue. The time period may be extended by the Township Engineer for reasonable cause. The Township Engineer, as authorized by the Township, shall have the power to revoke any permit time for reasonable cause.
(6)
Limitation on permit.
(a)
Permits shall become null and void unless work is commenced within 90 days of the issuance of the permit. An extension of time may be granted by the Township, at its discretion, for reasonable cause demonstrated by the permittee.
(b)
All excavations must be backfilled and temporarily restored at the end of each work day, unless barricaded and/or covered with steel plating utilizing methods approved by the Township Engineer. Final restoration shall be completed within 90 days of opening, unless otherwise directed by the Township Engineer.
(c)
No work areas shall be closed to traffic for more than 48 hours without approval of the Township Engineer and notification to the Police Department.
(7)
Performance and maintenance surety. Before any permit is issued, the following sureties are to be posted with the Township Solicitor:
(a)
Performance surety in a sum based upon engineer's estimate prepared by the applicant and approved as to quantities and costs by the Township Engineer. Public utility company guarantees may be performance bonds, including corporate bonds of an amount approved by the Township Engineer to sufficiently guarantee any opening that may be unrestored and in a form approved by the Township Solicitor.
(b)
Maintenance surety. In addition to the posting of a performance surety, and as a condition to the release of same, the permittee shall post a maintenance surety. The sum of such surety shall be 10% of the approved engineer's estimate. Public utility companies posting a performance surety will not be required to post a separate maintenance surety. The applicant shall be responsible for all maintenance and repairs required at the site for a period of one year following completion of construction.
(8)
Hold harmless clause. The applicant, upon securing said permit, agrees that the Township will be held harmless from any and all claims of nature arising out of any work covered by said permit. The Township, in issuing said permit, shall not assume liability in connection therewith. In the event of any suit or claim against the Township by reason of the negligence or default of the permittee, upon notification by the Township to the permittee of such suit or claim, any final judgment against the Township requiring it to pay for such damage shall be conclusive upon the permittee and the permittee shall be liable for Township costs in connection with such suit or claims.
(9)
Traffic.
(a)
The permittee shall take appropriate measures to assure that, during the performance of the excavation work, traffic conditions will be maintained as normal as practicable to the residents of adjacent properties and to the general public. After consultation with the Police Chief, the Township Engineer may permit the closing of streets to all traffic for 48 hours. The permittee shall keep all street excavations, openings and extensions guarded at all times, and open no greater part of the area than shall be reasonable necessary. The permittee shall route and control traffic, including his own vehicles, as directed by the Police Department. Before any highway may be closed to traffic, the permittee shall receive the approval of the Township Engineer, who will communicate pertinent information to appropriate municipal agencies. Upon completion of the construction work, the permittee shall notify the Police Department and the Township Engineer before traffic is moved back to its normal flow so that any necessary adjustments may be made.
(b)
Where flagmen are deemed necessary by the Township Engineer, they shall be furnished by the permittee at his own expense. Traffic shall be maintained without the aid of detours, if possible. If this is not feasible, the Township Engineer will consult with the Police Chief and designate detours. The Township shall maintain roadway surfaces of existing highway designed as detours without expense to the permittee.
(c)
The excavation work shall be performed and conducted so as not to interfere with access to fire stations and hydrants. Materials or obstructions shall not be placed within 15 feet of fire hydrants. Passageways leading to fire-fighting equipment shall be kept free of piles of material and other obstructions.
(10)
Safety precautions. The following measures shall be taken to insure the safety and protection of the traveling public.
(b)
If it is necessary to leave an excavation unfinished overnight or for an extended period, the permittee shall place barricades at the site. He shall notify the police department of the condition of the unfinished excavation and supply the police department with his name and the telephone number where he may be reached at all times. Flame torches or flashers must be used, with a minimum of four at the site or along the right-of-way, as required by the Township Engineer.
(c)
Any portions of work areas not closed to traffic must be temporarily patched with cold patch, a minimum of two inches thick, and properly maintained until final paving is installed, except as provided in Subsection F(12)(a) of this section.
(d)
The permittee shall erect and maintain suitable timber barriers to confine earth from trenches or other excavation in order to encroach upon highways as little as possible.
(e)
The permittee shall construct and maintain adequate and safe crossings over excavations and across highways under improvement to accommodate vehicular and pedestrian traffic at all street intersections. Vehicular crossings shall be constructed and maintained of steel plates or of plank, timbers and blocking of adequate size to accommodate vehicular traffic safely. Timber decking shall not be less than four inches thick and shall be securely fastened. Pedestrian crossing, if of timber, shall consist of planking three inches thick, 12 inches wide and adequate length, together with necessary blocking. The walk shall not be less than three feet in width and shall be provided with a railing as required by the Township Engineer.
(f)
All permittees for excavation shall call the New Jersey Utility Opening Service and obtain clearances before beginning excavation. The contractor shall also notify all utilities not participating in the utility opening service. Generally, the utilities are gas mains, water mains, sanitary mains, electrical conduits, telephone conduits, and stormwater drains.
(11)
Excavation, restoration and backfilling of roads. The applicant shall be responsible for the immediate refilling of any excavation or construction site and backfilling of any road. The following standards shall govern the excavation, refilling and backfilling of any road:
(a)
Pavement cutting (where applicable). Pavement shall be cut with pneumatic hammers or mechanical pavement cutters, saws, or other methods approved by the Engineer.
(b)
Trench excavation. The trench in which any utilities and or appurtenances are to be constructed shall be excavated in open cut from the surface except where otherwise stated in writing by the Township Engineer. Trenches will be cut in a straight line and parallel to the center line of the street.
(c)
Length of trench to be opened. The length of trench to be opened or the area of the surface to be disturbed or unrestored at any one time shall be limited by the Engineer with regard to expeditious construction and to the convenience and comfort of the persons residing in the neighborhood or frequenting the streets in question.
(d)
Backfilling trenches. The method of backfilling and compaction shall be established at the discretion of the Township Engineer depending upon the quality of the backfill material encountered at the site and is not necessarily limited to the methods described below:
[1]
The trench or other excavation shall be carefully backfilled with such excavated material. No rock or frozen earth shall be put in the trench until the backfill has reached at least two feet above the tope of the utility. Backfill shall be compacted as follows:
[a]
By approved vibratory soil compactors if the backfill materials are predominantly sand or sand and gravel but contain more than 12% by weight of the material that will pass the two-hundred-mesh sieve. Approved flat-faced mechanical tampers may be substituted for the vibratory soil compactors where special conditions make the use of vibrating compactors impractical, at the discretion of the Township Engineer.
[b]
By approved vibratory compactors or bubbling if the material are predominantly sand or sand and gravel and contain not more than 12% by weight of the material that will pass the two-hundred-mesh sieve. Approved flat-faced mechanical tampers may be substituted for the vibratory soil compactors where special conditions make the use of vibrating compactors impractical, at the discretion of the Township Engineer.
[c]
By approved flat-faced mechanical tampers if the backfill material is not predominantly sand or sand and gravel.
[d]
Backfill around inlets, manholes and other subsurfaces shall be compacted by flat-faced tampers.
[2]
Where mechanical tampers or vibratory soil compactors are used in accordance with the foregoing provisions, backfill shall be placed and compacted in layers not more than 12 inches thick, loose measurements. Where trenches are puddled in accordance with the foregoing provisions, the backfill shall be placed in successive lifts not more than four feet thick; and each lift shall be thoroughly puddled before the next lift is placed. The application of water shall be continuous until puddling of each lift is evidenced by a constant head without further addition of water. If more than a twelve-inch depth remains unfilled after the final puddling, the remaining backfill shall be tamped of vibrated as specified in Subsection F(11)(d)[1] and [2] above.
[3]
Rock in pieces weighing more than 50 pounds shall not be put in the trench. All spaces between suitable pieces of rock shall be thoroughly filled with earth by backfilling in alternate layers of rock and earth.
[4]
All materials excavated, if suitable, shall be used for backfilling trenches or other excavations, or be deposited in embankment.
[5]
All areas shall be kept neat and clean during construction, and all debris shall be removed from the site at the contractor's expense and be disposed of properly and legally. No debris shall be left behind.
(e)
Care of existing structures. Care shall be taken not to move any sewers, drains, culverts, poles, water or gas pipes, etc., or structures near them that may be encountered during construction. They shall be securely hung, braced or supported in place by the contractor at his own expense. All utility poles adjacent to the excavation shall be braced and protected during construction. Whenever it is necessary to interfere with said structures, the contractor shall maintain service at his own expense and repair any damages that may occur. He shall leave them in as good condition as he found them.
(f)
Dewatering. The contractor shall furnish sufficient pumping equipment and shall provide, at his own expense, satisfactory drainage whenever needed in the trench and other excavation during the progress of the other excavation shall be conveyed in a proper manner to a suitable point of discharge. The flow in all sewers, drains and watercourses encountered on the work, in gutters alongside of or across the work, shall be entirely provided for, both temporarily and permanently, as required, by the contractor at his expense. Contractor shall also be responsible for the cleaning of any debris from the trench or excavation which has accumulated in sewers, drains, watercourses or gutters as a result of dewatering.
(12)
Specification for Township road restoration.
(a)
During the months when hot mix asphalt is commercially unavailable, the trench or excavation shall be restored temporarily using two inches of cold mix asphalt. Contractor shall, to the satisfaction of the Township Engineer, maintain the surface of the trench until permanent restoration materials are available.
(b)
Permanent restoration of the wearing course shall be of the same kind of material that exists on said street, and the street shall be restored to its original condition to the satisfaction of the Township Engineer.
(c)
Any deterioration or settlement in the permanent restoration which occurs within a one-year period after completion shall be repaired with SP-1 or, if of sufficient depth, with HMA (Mix 5).
G.
Request to vacate streets. Requests to vacate all or any portion of paper or dedicated streets within the Township of Mullica shall first be submitted to the Planning Board of the aforesaid Township, for the purpose of review and recommendation to the Township Committee, in accordance with the following procedure:
(1)
Submit 16 copies of an application indicating the street to be vacated with a certified list, from the Tax Assessor, of property owners of lots within 200 feet of the portion of the street in question. Also list the reason(s) for the request.
(2)
Submit 16 copies of a Tax Map, from the Tax Assessor, indicating all properties within 200 feet.
(3)
Submit 16 copies of a key map of the surrounding area showing the road network and indicating which roads are open to traffic.
(4)
Submit certification from the Tax Collector that taxes are current on applicant's parcel(s).
(6)
At the time of the fact finding hearing before the Planning Board, submit proof of notification to the property owners on the certified list, either by certified mail or by personal service. This service must be made at least 10 days prior to the hearing on the application.
(7)
At the time of the fact-finding hearing, submit proof of publication for notice of application. (This publication must be made at least 10 days prior to hearing.)
§ 144-101 Street classification and right-of-way widths.
A.
All streets except those that service a residential development shall be classified and have a minimum right-of-way width measured from lot line to lot line as follows:
B.
Internal roads and alleys in commercial and industrial developments shall be determined by the Planning Board on an individual basis to safely accommodate the maximum anticipated traffic, parking, loading and access for fire-fighting and other emergency equipment.
C.
The arrangement of streets not shown on the Master Plan or Official Map shall be so coordinated as to provide for the appropriate extension of existing streets, to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment.
D.
Reserve strips denying or controlling access thereto from abutting lands are not permitted except where control or ownership of such strips is vested in Mullica Township for future street or road purposes or where reverse frontage is provided and tree planting, noise abatement or other buffer zones are established and such lots or lands do not require direct access.
E.
Minor streets shall be so designed as to discourage through traffic.
F.
Subdivisions abutting arterial streets shall provide either a marginal access service road, reverse frontage with a planted buffer strip, or an additional lane for acceleration and deceleration along the entire frontage of the subdivision to present direct turning movements onto or from arterial streets, as determined by the Board, to be appropriate.
G.
Subdivisions that adjoin or include existing streets that do not conform to widths shown on the Master Plan or Official Map or as required by this chapter shall dedicate additional width along either one or both sides of said street. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
H.
Dead-end streets (culs-de-sac) serving other than residential development shall not exceed 600 feet in length and shall provide a turnaround at the end with a radius of not less than 50 feet at the curbline and tangent whenever possible to the right side of the street. If a dead-end street is of temporary nature, a turnaround shall be provided with a fifty-foot radius tangent to the right side of the street, and provision shall be made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
I.
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets or places within Mullica Township.
J.
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a grade of less than 1/2 of 1%.
K.
All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.
L.
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
§ 144-102 Street intersections.
A.
Angle at intersections. Streets or roads connecting with any road in the Township shall be at right angles in the case of arterials and collectors. All other streets shall be at right angles wherever possible, but not less than 60°, measured at the center line of the street or road. The block corner at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet. Access road connections shall be at the safest possible angle as determined by the Township Engineer.
B.
Spacing.
(1)
Two new streets connecting with existing Township streets shall be required for a subdivision or development where frontages in excess of a figure to be determined by the Township Engineer are present.
(2)
Streets shall connect with the same side of a Township street at intervals of 600 feet, unless waived to increase safety by the specific recommendation of the Township Engineer. In determining the spacing of streets, consideration shall be given to the intersections on all sides of the development. If possible, streets which connect with the existing road system from opposite sides of a Township road shall not be offset; they shall be separated by at least 125 feet between their center lines.
C.
Grading. The minimum practical grade as established by the Township Engineer to effect safe stopping under icing conditions shall be maintained on streets connecting with existing streets at their approaches to the intersection. Grades shall be designed to direct surface drainage away from the existing streets unless intercepting underground drainage facilities are provided to prevent flow of water over the street surfaces.
§ 144-103 Street signs.
Street signs shall be of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the Board. The costs of such signage and installation shall be the responsibility of the applicant.
§ 144-104 Streetlighting.
Streetlighting shall be as determined by the Planning Board and Township Engineer. All costs associated with the installation of the lighting shall be the responsibility of the applicant.
§ 144-105 Stormwater management systems.
All stormwater management systems shall meet the requirements of Chapter 200 of the Township Code.
§ 144-106 Topsoil.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
§ 144-107 Shade trees.
Shade trees are to be located so as not to interfere with utilities or sidewalks, and to be planted at least eight feet to one side of the area directly over utility lines. Allowable trees shall be those as specified in Article XI, § 144-94, Landscaping. All trees shall be at least six feet in height and 1 1/2 inches in diameter. However, the Planning Board of the Township of Mullica shall have the power to require more or less shade trees and different types depending upon the subdivision presented.
§ 144-108 Location of utilities.
A.
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.
B.
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with the landscaping requirements of this chapter.
C.
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
§ 144-109 Recreation facilities.
A.
Recreation facilities shall be as determined by the Township Planning Board and all recreation areas and facilities shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3, and with the New Jersey Department of Environmental Protection publication Administration Guidelines: Barrier Design Standards for Parks and Recreational Facilities.
B.
Improved bicycling facilities shall be provided only in conjunction with paved roads.
§ 144-110 Water quality.
[Amended 3-27-2018 by Ord. No. 6-2018; 2-12-2019 by Ord. No. 1-2019; 6-25-2024 by Ord. No. 9-2024; 8-27-2024 by Ord. No. 19-2024; 11-19-2024 by Ord. No. 22-2024]
A.
General.
(1)
All development shall be designed and carried out so that the quality of surface 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 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 of the United States.
B.
Minimum standards for point and nonpoint source discharge.
(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 Subsection B(2) through (6) below, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and quantity such that groundwater existing 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 septate; and
(d)
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(2)
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) above cannot be achieved due to limiting site conditions or that the cost to comply with the standard will result in excessive user fees; and
(d)
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines but in no case shall groundwater existing from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
(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;
(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:
(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 existing 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 and 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 § 144-128, Rural development district land transfer program, § 144-137, FAR land transfer program, or § 144-123T, Pinelands Development Credit Program;
(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 following types of development, where contiguous lands may be used for septic dilution purposes regardless of their zoning district or Pinelands management area designation: 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, cluster development as permitted by N.J.A.C. 7:50-5.19; or expansion of a nonresidential use in the Weekstown Village zoning district existing as of March 27, 2018. Any contiguous lands outside the Weekstown Village zone to be used for septic dilution purposes must be in common ownership as of March 27, 2018, with the lot containing the existing nonresidential use.
(d)
The depth of 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 Subsection C below;
(g)
The technology has been approved by use by the New Jersey Department of Environmental Protection; and
(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 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:
(c)
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 existing 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 D(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 right-of-way or any contiguous lands that have been deed restricted pursuant to § 144-128, 144-137 or 144-123T; and
(6)
Alternate design pilot program treatment systems, provided that:
(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(6)(c) below. The entire contiguous parcel may include any contiguous land; 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 §§ 144-128, 144-137 and 144-123;
(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 proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development of 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 of 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 canceled 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
(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(6)(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 to said system.
C.
Individual wastewater treatment facility and petroleum tank maintenance.
(1)
The owner of every individual on-site wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provision of Chapter 326 of 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 Atlantic County Department of Health a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
(2)
The owners of commercial petroleum storage tanks shall comply with the applicable county, federal and state requirements.
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 that shields the facility from precipitation.
(3)
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.
(4)
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Township. The land application of waste or waste derived materials is prohibited in the Township, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Township accordance with the standards set forth in N.J.A.C. 7:50-6.
E.
Water management.
(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 Mullica 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 Mullica Township involving the interbasin 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 interbasin 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 Mullica 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 as to "proposed diversion") shall meet the criteria and standards set forth at Subsection E(4)(c) through (f) below and the water management standards of the Pinelands of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(b)
[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 waterbody or otherwise results in off-site flow, and the diversion and return are located on the same parcel.
(c)
A proposed diversion shall be permitted only in the following Pinelands Management Areas; Pinelands Town; Rural Development Area; Agricultural Production Area; and the Pinelands Village of Nesco-Westcoatville.
(d)
A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater surface water sources that are not part of the Kirkwood-Cohansey aquifer and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. a list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pineland/.
(e)
A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d) 6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
(f)
An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distributions system.
§ 144-111 Wetlands.
A.
Uses. No development in the Pinelands Area shall be permitted in a wetland or a wetlands transition area except for the following uses:
(1)
Horticulture of native Pinelands species in accordance with the requirements of this chapter;
(2)
Berry agriculture in accordance with the requirements of this chapter;
(3)
Beekeeping;
(4)
Forestry in accordance with the requirements of § 144-123H of this chapter (or N.J.A.C. 7:50-6:44);
(5)
Fish and wildlife activities and wetlands management, in accordance with N.J.A.C. 7:50-6.10.
[Amended 7-24-2012 by Ord. No. 7-2012]
(6)
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 B below.
(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 hereof; and
(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 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 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; or
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting, or feeding.
§ 144-112 Recommended management practices for agriculture.
A.
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 Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.
B.
In agricultural production districts, a resource conservation plan shall be prepared by the operator of every agricultural use, or the appropriate Soil Conservation District, located in an area that has been designated by any agency of federal, state or local government as having substandard surface or groundwater. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
C.
All agricultural operations in any agricultural production district shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.
§ 144-113 Scenic.
A.
Except for those roads that provide for internal circulations within residentially developed areas, all public paved roads in the PA, FAR, FARR, RDA and DVC Districts shall be considered scenic corridors. In addition, the Mullica River and Nescochague Creek 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 on a scenic corridor other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.
(2)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as 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 § 144-94 of Article XI, Design, Performance and Evaluation Standards, so as to provide screening from 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 § 144-94 of this article as so 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.
C.
Signs.
(1)
No signs, 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 the Pinelands Area.
(2)
No sign, other than a warning or safety sign, which changes physical position by any movement or rotation, or which gives the visual impression of such movement or rotation shall be permitted in the Pinelands Area.
(3)
No outdoor, off-site commercial advertising sign shall be permitted, except that:
(4)
Any existing sign which does not conform to Subsections C(1) and (2) above shall be removed immediately. Any existing sign which does not conform to Subsection C(3) above shall be removed no later than December 5, 1996. The enforcement of this section shall be the responsibility of the Pinelands Commission.
(5)
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.
D.
Signs, Preservation Area District.
(1)
No sign shall be constructed, repaired or maintained except in accordance with the provisions of § 144-123BB and this subsection.
(2)
The following signs are permitted in the Preservation Area District:
(a)
Official public safety and information signs displaying road names, numbers and safety directions;
(b)
On-site signs advertising the sale or rental of the premises, provided that the area on one side of any such sign shall not exceed 12 square feet; and no more than one sign is located on any parcel of land held in common ownership;
(c)
On-site identification signs for schools, churches, hospitals, or similar public service institutions, provided that the size of any such sign shall not exceed 12 square feet; and no more than one sign is placed on any single property;
(d)
Trespassing signs or signs indicating the private nature of a road, driveway or premises, and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs do not exceed two square feet;
(e)
On-site professional, home occupation, or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that the size of any such sign shall not exceed six square feet; and no more than one sign is permitted for any individual parcel of land;
(f)
On-site business or advertising signs, provided that no more than two signs are located on any one premises or on the premises leased or utilized by any on business establishment; and the total of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level;
(g)
Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet;
(h)
Temporary on and off-site signs advertising civil, social or political gatherings and such activities, provided that the size of such signs does not exceed four square feet.
E.
Vehicle screening and storage. No more than five automobiles, trucks, boats or other vehicles, whether or not they are in operating condition, shall be stored on any lot unless such vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
§ 144-114 Waste management.
No landfills shall be operated within the Township except as authorized and approved pursuant to N.J.A.C. 7:50-6.73, 74, 75 and 77 and N.J.S.A. 13:1E-1 et seq.