Port Republic City Zoning Code
ARTICLE XIV
Pinelands Area Development Standards
§ 160-137 Applicability.
A.
All development within the Pinelands Area shall comply with the standards set forth in this article in addition to all other regulations of this chapter.
B.
The standards and regulations of this article are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and Pinelands Protection Act. In the event of a conflict between any provisions, the stricter provision shall apply.
§ 160-138 Wetlands.
A.
Uses. No development in the Pinelands Area shall be permitted in a wetland or wetlands transition area except for the following uses:
[Amended 3-8-1994 by Ord. No. 02-1994]
(3)
Beekeeping.
(5)
Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 2-12-2019 by Ord. No. 01-2019]
(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 there is no 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 below.
(8)
Commercial or public docks, piers, moorings and boat launches, 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- or surface water in the wetland;
(f)
A loss of wetland habitat;
(g)
A reduction in wetland habitat diversity;
(h)
A change in wetlands species composition; or
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
§ 160-139 Vegetation and landscaping.
[Amended 3-11-1997 by Ord. No. 02-1997]
A.
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
B.
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in 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 or required pursuant to § 160-122 shall incorporate the following elements:
(1)
The limits of clearing shall be identified;
(2)
Existing vegetation, including New Jersey's record trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design, where practical;
(3)
Permanent lawn or turf areas shall be limited to those specifically intended for active human use, such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs contains 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 threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
§ 160-140 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 those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
B.
Protection of wildlife habitat. All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
§ 160-141 Forestry.
[Amended 3-11-1997 by Ord. No. 02-1997; 2-12-2019 by Ord. No. 01-2019]
Any application for forestry activities in that portion of the City located within the Pinelands Area shall comply with the application procedures and standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.41 through 7:50-6.48).
§ 160-142 Agriculture management.
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service[1] and the New Jersey Agricultural Experimental Station at Rutgers University.
[1]
Editor's Note: The Soil Conservation Service is now known as the Natural Resources Conservation Service (NRCS).
§ 160-143 Resource extraction.
A.
Application requirements. Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information:
(1)
The applicant's name and address and his interest in the subject property.
(2)
The owner's name and address, if different from the applicant's and the owner's signed consent to the filing of the application.
(3)
The legal description, including block and lot designation and street address, if any, of the subject property.
(4)
A description of all existing uses of the subject property.
(5)
A brief written statement generally describing the proposed development.
(6)
A USGS quadrangle map, or copy thereof, and a copy of the municipal tax sheet on which the boundaries of the subject property and the Pinelands management area designation and zoning designation are shown.
(7)
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimension, location and operations on the subject property.
(8)
The location, size and intended use of all buildings.
(9)
The location of all points of ingress and egress.
(10)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(11)
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
(12)
A soils map.
(13)
A restoration plan which includes the following:
(a)
Method of stockpiling topsoil and overburden.
(b)
Proposed grading and final elevations.
(c)
Topsoil material application and preparation.
(d)
Type, quantity and age of vegetation to be used.
(e)
Fertilizer application, including method and rates.
(f)
Planting method and schedules.
(g)
Maintenance requirements schedule.
(14)
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
(15)
A financial surety guaranteeing performance of the requirements of Subsections C and D in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the City as the obligee, shall be posted by the property owner or his agent with the City.
(16)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
(17)
When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review pursuant to § 160-131.
(18)
If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.
[Added 10-8-2024 by Ord. No. 07-2024]
B.
Time limit on resource extraction permit. No permit authorizing resource extraction shall be issued for a period exceeding two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
C.
Resource extraction standards. Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed resource extraction operation:
(1)
Is designed so that no area of excavation, sedimentation pond, storage area, equipment, or machinery or other structure or facility is closer than 200 feet to any property line; unless it can be demonstrated that a distance between 100 and 200 feet will not result in greater off-site environmental impacts;
(2)
Is to be located on a parcel of land of at least 20 acres;
(3)
Provides that all topsoil that is necessary for restoration will be stored on the site but not within 200 feet of any property line unless the area proposed for storage is unforested and will be restored; and that the topsoil will be protected from wind and water erosion;
(4)
Is fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads;
(5)
Provides ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways;
(6)
Is designed so that surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater;
(7)
Will not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas;
(8)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units, and the area of clearing does not exceed that specified in Subsection C(10) below;
[Amended 3-11-1997 by Ord. No. 02-1997]
(9)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection D and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guaranty of performance; and
(10)
Will not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operation; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
D.
Restoration standards. All parcels of land which are used for resource extraction operations shall be restored as follows:
(1)
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that ground cover is established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
(2)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection C(8).
(3)
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; and the slope of the surface of restored surfaces shall not exceed one foot vertical to three feet horizontal, except as provided in Subsection D(6) below.
[Amended 3-11-1997 by Ord. No. 02-1997]
(4)
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
[Amended 3-11-1997 by Ord. No. 02-1997]
(5)
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
(6)
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
[Amended 3-11-1997 by Ord. No. 02-1997]
(7)
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
(8)
Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
[Amended 3-11-1997 by Ord. No. 02-1997]
(a)
Stabilization of exposed areas by establishing ground cover vegetation; and
(b)
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[1]
The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
[2]
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs, such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth in Subsection D(8)(b)[1] and [2] above; or
[4]
The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity.
(9)
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[Added 3-11-1997 by Ord. No. 02-1997]
(10)
The letter of credit, surety bond or other guaranty of performance which secures restoration for each section shall be released after the requirements of Subsection D(1) through (9) above are determined by an approving authority or the Commission, as appropriate, as being met and is replaced with a maintenance guaranty for a period of two years thereafter.
[Amended 3-11-1997 by Ord. No. 02-1997]
§ 160-144 Water quality.
A.
General.
(1)
All development shall be designed and carried out so that the quality of surface and ground water 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 ground water quality or which establishes new point sources of pollution shall be permitted.
(3)
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
B.
Minimum standards for point and nonpoint source discharges. The following point and nonpoint source discharges may be developed or operated in the Pinelands Area:
(1)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection B(2) through (6) below, provided that:
[Amended 3-11-1997 by Ord. No. 02-1997]
(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 exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept and treat septage; 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 costs to comply with the standard will result in excessive fees; and
[Amended 3-11-1997 by Ord. No. 02-1997]
(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 exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
[Amended 3-11-1997 by Ord. No. 02-1997]
(3)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above;
[Amended 3-11-1997 by Ord. No. 02-1997]
(b)
There is no increase in the existing approved capacity of the facility; and
(c)
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(4)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 3-11-1997 by Ord. No. 02-1997]
(a)
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 160-152;
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high-water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with the requirements of Subsection C;
(g)
The technology has been approved for 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 N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(5)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 3-11-1997 by Ord. No. 02-1997]
(b)
If the proposed development is nonresidential, it is located in the PVR or PVA District; and
(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 exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands Dilution Model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 160-152.
C.
Individual wastewater treatment facility and petroleum tank maintenance.
(1)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act[1]:
(a)
Have the facility inspected by a technical at least once every three years.
(b)
Have the facility cleaned at least once every three years.
(c)
Once every three years, submit to the board of health serving the City in which the facility is located, 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.
[1]
Editor's Note: See 33 U.S.C. § 1251 et seq.
D.
Prohibited chemicals and materials.
(2)
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(3)
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.[3]
[3]
Editor's Note: Original § 54-95.19D(4), pertaining to the prohibition of certain wastes, which immediately followed this subsection, was repealed 3-11-1997 by Ord. No. 02-1997.
E.
Water management.
[Amended 10-8-2024 by Ord. No. 07-2024]
(1)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(2)
A diversion within the Pinelands Area portion of Port Republic City 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(1)(a) and (b) below, or outside of either basin, shall be prohibited.
(a)
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
(b)
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20, as identified by the New Jersey Department of Environmental Protection.
(3)
A diversion within the Pinelands Area portion of Port Republic City involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection E(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection E(4) below.
(4)
Within the Pinelands Area portion of Port Republic City, a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection E(4)(c) through (f) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(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: the Pinelands Village of Port Republic.
(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 and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
(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 distribution system.
§ 160-145 Scenic corridors; storage; signs.
A.
Scenic corridors.
(1)
Except for those roads which provide for circulation within residentially developed areas, all public, paved roads in the Pinelands Preservation Area District shall be considered scenic corridors. The Mullica River shall be considered a special scenic corridor.
(2)
Special requirements for scenic corridors.
(a)
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.
(b)
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 § 160-139 of this article so as to provide screening from the corridor.
(c)
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 § 160-139 of this article so as to provide screening between the building and the corridor.
(d)
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.
B.
Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential 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 or which are maintained for agricultural purposes.
C.
Location of utilities.
(1)
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.
(2)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with § 160-139 of this article.
(3)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
D.
Signs.
(1)
General sign provisions. In the Pinelands Area, no signs shall be constructed, repaired or maintained except in accordance with the following:
(a)
No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical or lighting change shall be permitted.
(b)
No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted.
(c)
No outdoor off-site commercial advertising sign, other than signs advertising agricultural commercial establishments, shall be permitted. Off-site outdoor signs advertising agricultural commercial establishments shall be permitted, provided that:
(e)
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.
(2)
Pinelands Preservation Area permitted signs shall be as follows:
(a)
Official public safety and information signs displaying road names, numbers and safety directions.
(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 sign does not exceed 12 square feet.
(f)
On-site business or advertising signs, provided that:
(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 activities, provided that the size of such signs does not exceed four square feet.
§ 160-146 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 or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland |
B.
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection A above unless such development complies with the following standards:
(1)
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of 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 for safe and effective 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)
Except as provided in Subsection B(5) below, a fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(5)
All residential 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 cover are to be 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 a specific program for maintenance.
§ 160-147 Recreation.
All development within the Pinelands Area shall conform to the following requirements:
A.
All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication, Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities.
B.
Improved bicycling facilities shall be provided only in conjunction with paved roads.
§ 160-148 Historic resource preservation.
A.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body 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 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 governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
D.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications for development in the PVR and PVA Districts and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 3-11-1997 by Ord. No. 02-1997]
F.
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
G.
The effect of the issuance of a certificate of appropriateness is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 3-11-1997 by Ord. No. 02-1997]
H.
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
(1)
A narrative description of the resource and its cultural environment.
(2)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.
(3)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources.
(4)
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
I.
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect 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).
§ 160-149 Waste management.
[Amended 3-11-1997 by Ord. No. 02-1997]
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
§ 160-150 Energy conservation.
All development shall be carried out in a manner which promotes energy conservation. Such measures may include southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
§ 160-151 Air quality.
A.
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
[Amended 3-11-1997 by Ord. No. 02-1997]
B.
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in the Pinelands Area 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.
§ 160-152 Pinelands development credit program.
A.
Pinelands development credits established.
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded for entitlement in Subsection A(2) below, every parcel of land in the Pinelands Preservation Area District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in any regional growth area within the Pinelands. Pinelands development credits may also be allocated to certain properties in the City by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 3-8-1994 by Ord. No. 02-1994]
(2)
Pinelands development credits are hereby established in the Pinelands Preservation Area District at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this article: two Pinelands development credits per 39 acres;
[Amended 3-11-1997 by Ord. No. 02-1997]
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this article: zero Pinelands development credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres; and
(d)
Wetlands: 0.2 Pinelands development credits per 39 acres.
(3)
The allocations established in Subsection A(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit (PDC) entitlement of a parcel of land shall be reduced by 0.25 PDC for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 PDC for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection B(2) below or when a variance for cultural housing is approved by the City pursuant to § 160-15E of this chapter.
[Amended 3-8-1994 by Ord. No. 02-1994]
(d)
The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credits for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 3-8-1994 by Ord. No. 02-1994]
(4)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Pinelands Preservation Area District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acre of land in the Pinelands Preservation Area District as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 3-11-1997 by Ord. No. 02-1997]
B.
Limitations on use of Pinelands development credits.
(1)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection E below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 3-11-1997 by Ord. No. 02-1997]
(2)
Notwithstanding the provisions of Subsection B(1) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on the property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(3)
The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the zone or district in which the property is located.
C.
Pinelands development credit bonus multipliers. Pinelands development credits which are used for securing a density bonus for parcels of land located in a regional growth area shall yield a bonus of four dwelling units per credit.
D.
Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth area, provided that the density does not exceed the limits of the density range specified in the municipal district in which the property is located.
E.
Recordation of deed restriction.
(1)
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(2)
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel and no more than 1% of the parcel will be covered with impermeable surfaces; agricultural employee housing as an accessory use; and accessory uses.
[Amended 2-12-2019 by Ord. No. 01-2019]
F.
Use of Pinelands development credits. Pinelands development credits shall be used in the following manner:
[Added 3-8-1994 by Ord. No. 02-1994]
(1)
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the PVR or PVA District is granted by the City, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;
[Amended 3-11-1997 by Ord. No. 02-1997]
(2)
When a variance for cultural housing is granted by the City in accordance with § 160-15E of this chapter; and
(3)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
G.
In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the City with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed by the City.
[Added 3-8-1994 by Ord. No. 02-1994]