Shamong City Zoning Code
ARTICLE I
General Provisions
§ 110-1 Preamble.
A.
Since the date of enactment of the previous Zoning Ordinance of the Township of Shamong, 1978-10, the State of New Jersey has adopted the Pinelands Protection Act and the New Jersey Pinelands Comprehensive Management Plan implementing same.
B.
The aforesaid statute and regulations adopted thereunder require that municipalities located within the Pinelands Area shall amend their Master Plans and any ordinances applicable to the development of land so that the Master Plan and ordinances are in conformance with the minimum standards of the aforesaid statute and regulations.
C.
The Township of Shamong has developed a revision of the Municipal Master Plan and the Municipal Developmental Ordinance so as to meet the standards for certification set forth by the aforesaid statute and regulations adopted thereunder while retaining as much as possible of the municipality's former documentation which was not in conflict with the aforesaid statute and regulations in an effort to preserve continuity for both applicant and administrator alike in processing applications under the revised developmental ordinance.
§ 110-2 Title.
This chapter shall be known and may be cited as the "Land Development Ordinance of the Township of Shamong, New Jersey."
§ 110-3 Purpose.
The purpose of this chapter shall be to establish a pattern for the use of land and buildings as required to bring this chapter into conformance with the Pinelands Protection Act and Comprehensive Management Plan adopted thereunder for the purpose of obtaining certification of the Municipal Plan of the Township of Shamong, while at the same time accomplishing those purposes outlined by the Municipal Land Use Act (N.J.S.A. 40:55D-2 et seq.) by establishing a pattern for the use of land and buildings based upon the Master Plan and enacted in order to promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people. This chapter is intended to regulate the use of land within zoning districts, secure safety from fire, panic, and other dangers, provide adequate light and air, promote orderly development, avoid undue concentration of population, prevent the overcrowding of land or buildings, establish standards of development, limit congestion in the streets, prohibit incompatible uses, regulate the alteration of existing buildings, protect against hazards, conserve the taxable value of land, preserve open space, historic and natural features, permit the development of land in accordance with the purposes of the Pinelands Comprehensive Management Plan, encourage the inclusion of aesthetics, amenities of living, and a balance of public services, promote utilization of renewable energy sources, encourage procedures for land development to promote the more efficient use of land.
§ 110-4 Definitions.
A. ACCESSORY STRUCTURE or USE(1) (2) (3) (4) ADMINISTRATIVE OFFICER AGRICULTURAL COMMERCIAL ESTABLISHMENT AGRICULTURAL EMPLOYEE HOUSING AGRICULTURAL OR HORTICULTURE PURPOSE OR USE AGRICULTURAL PRODUCTS PROCESSING FACILITY AGRICULTURE ALTERATIONS OR ADDITIONS, STRUCTURAL ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM ANIMALS, THREATENED or ENDANGERED APPLICANT APPLICATION FOR DEVELOPMENT APPROVAL AGENCY ARTIFICIAL REGENERATION BEDDING BILLBOARD OR OFF-SITE COMMERCIAL ADVERTISING SIGN BOARD OF ADJUSTMENT BROADCAST SCARIFICATION BUILDING BUILDING COVERAGE BUILDING HEIGHT CAMPER CAMPSITE CERTIFICATE OF FILING CHANNEL CLEARCUTTING CLUSTER DEVELOPMENT COMMERCIAL VEHICLES COMMISSION COMMON PROPERTY COMPLETE APPLICATION COMPREHENSIVE MANAGEMENT PLAN (CMP) CONDITIONAL USE CONTIGUOUS LAND COPPICING CORNER LOT DENSITY DESIGN FLOOD DEVELOPER DEVELOPMENT(1) (2) (3) (4) (5) (6) (7) (8) (9) DEVELOPMENT APPROVAL DEVELOPMENT, MAJOR DEVELOPMENT, MINOR DISKING DRAINAGE DRAINAGE RIGHT-OF-WAY DRUM CHOPPING DUPLEX DWELLING DWELLING, DETACHED DWELLING UNIT ECOLOGICAL MANAGEMENT ELECTRIC DISTRIBUTION LINES ELECTRIC TRANSMISSION LINES EROSION FAMILY FINAL APPROVAL FISH AND WILDLIFE MANAGEMENT FLOOD HAZARD AREA FLOODPLAIN FLOODWAY FLOOR AREA FORESTRY(1) (2) (3) (4) (5) (6) FOREST STAND GARAGE, PRIVATE GENERAL TERMS AND CONDITIONS GOVERNING BODY GROUP SELECTION HABITAT HISTORIC RESOURCE HOME OCCUPATION or SERVICE HOME OFFICE; ELECTRONIC OFFICE HYDROPHYTES IMMEDIATE FAMILY IMPERMEABLE SURFACE IMPERVIOUS SURFACE INDIVIDUAL SELECTION INDUSTRIAL PARK INSTITUTIONAL USE INTERESTED PERSON INTERIM RULES AND REGULATIONS LAND LOCAL COMMUNICATIONS FACILITY LOT LOT AREA LOT DEPTH LOT FRONTAGE LOT LINE LOT WIDTH MAINTENANCE GUARANTEE MAJOR SITE PLAN MAJOR SUBDIVISION MASTER PLAN MINOR SITE PLAN MINOR SUBDIVISION(1) (2) (3) MINOR SUBDIVISION PLAT MOBILE HOME MUNICIPALITY NATURAL REGENERATION NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE OFFICIAL MAP OFF-SITE IMPROVEMENTS OPEN SPACE [Amended 4-3-1990 by Ord. No. 1990-1](1) (2) OWNER PARCEL PARKING SPACE PERFORMANCE GUARANTEE PERMEABILITY PERMITTED USE PERSON PINELANDS AREA PINELANDS DEVELOPMENT CREDIT PINELANDS DEVELOPMENT REVIEW BOARD PINELANDS NATIVE FOREST TYPE PINELANDS RESOURCE RELATED USE PLANNED COMMERCIAL DEVELOPMENT PLANNING BOARD PLANTS, THREATENED OR ENDANGERED PLAT PRELIMINARY APPROVAL(1) (2) (3) PRELIMINARY PLAT PRINCIPAL USE PRIVATE SCHOOL PROFESSIONAL OFFICE PROPERTY MAP PUBLIC AREAS PUBLIC DEVELOPMENT PUBLIC DRAINAGEWAY PUBLIC OPEN SPACE PUBLIC SERVICE INFRASTRUCTURE PUBLIC UTILITIES MAP QUORUM RECOMMENDED MANAGEMENT PRACTICE RECORD TREE RECREATIONAL FACILITY, INTENSIVE RECREATIONAL FACILITY, LOW INTENSIVE RECREATIONAL VEHICLES RESIDENTIAL DENSITY RESOURCE CONSERVATION PLAN RESOURCE EXTRACTION RESOURCE MANAGEMENT SYSTEM PLAN RIGHT-OF-WAY RIPARIAN YARD ROOT RAKING SANITARY LANDFILL SEASONAL HIGH-WATER TABLE SEED TREE CUT SERVICE STATION SETBACK LINE SHELTERWOOD CUT SIGN SILTATION BASIN SITE LOCATION MAP SITE PLAN(1) (2) (3) SITE PLAN REVIEW SITE PLAN WAIVER(1) (2) SITE TRIANGLE EASEMENT SKETCH PLAT STANDARDS OF PERFORMANCE STORY STREET(1) (2) (3) (4) (5) (6) STREET LINE STRUCTURE SUBDIVIDER SUBDIVISION(1) (a) (b) (c) (d) (2) SWIMMING POOL SWIMMING POOL, PRIVATE RESIDENTIAL THINNING TOPOGRAPHIC MAP TOWNHOUSE UTILITY UTILITY DISTRIBUTION LINES WETLANDS WETLANDS MANAGEMENT WETLANDS SOILS YARD YARD, FRONT YARD, REAR YARD, SIDE
As used in this chapter, the following terms shall have the meanings indicated:
A structure or use which:
Is subordinate to and serves a principal use, including but not limited to the production, harvesting, and storage as well as washing, grading and packaging of unprocessed produce grown on site;
Is subordinate in area, extent and purpose to the principal building or a principal use served;
Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
[Amended 6-4-1997 by Ord. No. 1997-5]
Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
[Amended 6-4-1997 by Ord. No. 1997-5]
The Clerk of the municipality.
A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An agricultural commercial establishment may be seasonal or year round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants or other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.
Residential dwellings for the seasonal use of employees of an agricultural or horticultural use, which because of their character or location are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
Any production of plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef, cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grazing of any and all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.
A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading, and packaging of those products.
The growing and harvesting of crops or the raising and breeding of livestock with accessory buildings incidental to agricultural uses.
Any change in supporting members of a building or in the dimensions or configurations of the roof or exterior walls or additions to a structure requiring walls, foundations, columns, beams, girders, posts or piers, or the moving of a structure.
An individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
[Added 8-3-2004 by Ord. No. 2004-9; amended 12-4-2018 by Ord. No. 2018-13]
Those animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
A developer submitting an application for development.
Any application, filed with any permitting agency, for any approval, authorization or permit which is a prerequisite to initiating development in the Township, except as provided in § 110-21A.
Any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits, zoning permits, building permits, or other applications for development approval.
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 12-18-2012 by Ord. No. 2012-09]
A silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.
[Added 12-18-2012 by Ord. No. 2012-09]
A sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
The Board established pursuant to N.J.S.A. 40:55D-69.
A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 12-18-2012 by Ord. No. 2012-09]
Any structure, either temporary or permanent, having a roof and designed, intended or used for the sheltering or protection of persons, animals, chattel or property of any kind.
The area occupied by all the buildings on a lot measured on a horizontal plane around the periphery of the foundation and included in area under the roof of any structure supported by columns but not having any walls as measured around the outside of the outermost extremities of the roof above the columns.
The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
A portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. "Camper" does not include mobile homes or other dwellings.
A place used or suitable for camping, on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 that a complete application for development has been filed.
The bed and banks of a river, stream, brook or spring which convey water most of the time.
A silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
[Added 12-18-2012 by Ord. No. 2012-09]
The development based on an overall density for the entire tract allowing reduced lot sizes so that higher densities result in individual segments of the tract, provided that the gross density of the entire tract permitted by this chapter is not exceeded and the open space preservation is an integral part of the design.
Commercial vehicles are those as defined in § 110-98 of this chapter.
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act, as amended.[1]
The land or water or a combination of land and water, together with improvements, designed and intended for ownership, use and responsibility by the tenants and owners of the dwelling units in the development.
As defined in § 110-12 of this chapter.
The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.[2]
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.
Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit, provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way, and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
[Amended 3-2-1993 by Ord. No. 1993-3]
A silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.
[Added 12-18-2012 by Ord. No. 2012-09]
Any principal or accessory building located on a corner lot shall have a minimum setback from both street right-of-way lines equal to the required front yard and shall not interfere with the required site triangle. The remaining yards shall both be considered as side yards with respect to setback. Corner lots shall meet or exceed the requirements of the zone where located both as to frontage and setback. In no case shall the frontage be less than 200 feet on any street. Measurement shall be made from the ends of the connecting curve.
The average number of housing units per unit of land.
The relative size or magnitude of a major flood of reasonable expectancy, which reflects both flood experience and flood potential and is the basis of the delineation of the floodway and the flood hazard area and of the water surface elevations.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having enforceable proprietary interest in such land.
The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including but not limited to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel of land;
In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast river, stream, lake, pond, wetlands, or artificial body of water.
Any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
A silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.
[Added 12-18-2012 by Ord. No. 2012-09]
The removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
The lands required for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.[3]
A silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.
[Added 12-18-2012 by Ord. No. 2012-09]
A single-family, semidetached dwelling unit having only one dwelling unit from ground to roof and only one wall in common with another dwelling unit.
Any structure or portion thereof which is designed or used for residential purposes.
A building detached from other buildings for residence purposes for one family and which has its own cooking, sleeping, sanitary and general living facilities.
One or more rooms located within a structure forming a single habitable unit containing living, cooking, sleeping and sanitary facilities for one family.
Land management practices focused on maintaining and enhancing the natural values of land to conserve native biological diversity.
[Added 12-18-2012 by Ord. No. 2012-09]
All electric lines other than electric transmission lines.
Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the electric company; a substation of or interconnection point with another interconnecting utility company; or a substation of a high-load customer of the utility.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
One or more persons living and cooking together in a dwelling unit as a single housekeeping unit.
Final approval is the official action of the Planning Board taken on a preliminary approved plat after all requirements, conditions, engineering plans, etc., have been completed and the required improvements have been installed or performance guarantees properly posted for their condition. A plat that receives such final approval must have been prepared by a licensed land surveyor in compliance with all provisions of Chapter 291 Laws of 1975 and is the map which must be filed with the County Clerk within 95 days after such action in order to make the approval binding. For goad cause, the Planning Board may extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
The changing of the characteristics and interactions of fish and wildlife populations and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
The floodway and additional portions of the floodplain that are subject to flood flow at lesser depths and lower velocities than the floodway, that are inundated by the design flood.
A relatively flat area adjoining a channel which has been or may be hereafter covered by floodwater from the channel. The lands located within such right-of-way shall not be included in the calculation of any required lot area.
The channel of a watercourse and portions of the adjacent floodplain that carry the greater part of the flood flow at greater depths and velocities than do other parts of the floodplain, that constitute the minimum area required for the passage of floodwaters without aggravating flood conditions upstream and downstream, that are necessary to preserve the natural regimen for the river or stream for the reasonable passage of the design flood.
The total floor area in a structure measured by using the outside dimensions of the building at each story. The gross floor area of units sharing a common wall shall be measured from the center of interior walls and the outside exterior walls. In residential uses the gross floor area shall exclude the area of the garage, attic, open porch or patio, cellar, utility areas, heating and cooling rooms, and all portions of floor area which have a ceiling height above them of less than 7 1/2 feet. In nonresidential structures, the gross floor area shall exclude areas used for utility and heating and cooling and other mechanical equipment but shall include all other areas including cellar and warehousing and storage areas, regardless of ceiling height.
The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 6-4-1997 by Ord. No. 1997-5; 12-18-2012 by Ord. No. 2012-09]
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 12-18-2012 by Ord. No. 2012-09]
A structure accessory to a residential structure or a portion of the main residential building for the parking of the vehicles of the occupant of the lot.
The general terms and conditions are those set forth in Chapter 291 of the Laws of 1975, the Municipal Land Use Law,[4] as defined by judicial determinations.
The Township Committee of the Township of Shamong.
A silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Added 12-18-2012 by Ord. No. 2012-09]
The natural environment of an individual animal or plant, population, or community.
Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
[Amended 6-4-1997 by Ord. No. 1997-5]
Home occupations are permitted in any residential district but only as a conditional use which meets all of the criteria for said conditional use as provided in § 110-106H of this chapter.
A telecommunications office is a permitted use in any residence in any zoning district in the municipality, when conducted solely by the residents of the dwelling. It shall have no employees, no clients coming to the premises and no sign. It shall in no way affect the nature and character of the residential zone or dwelling in which it is located. Pick up and deliveries by common carrier such a UPS or Fed Ex are permitted for all uses, in all districts. Sales of goods or products from the premises are prohibited.
[Added 5-5-1998 by Ord. No. 1998-5]
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
[Amended 6-4-1997 by Ord. No. 1997-5; 12-4-2018 by Ord. No. 2018-13]
Any surface which does not permit fluids to pass through or penetrate its pores or spaces, typically having a maximum permeability for water of 10-7 cm/second at the maximum anticipated hydrostatic pressure. The term "impermeable" is equivalent in meaning.
[Amended 12-18-2012 by Ord. No. 2012-09]
Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in urban areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.
[Added 12-18-2012 by Ord. No. 2012-09]
A silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Added 12-18-2012 by Ord. No. 2012-09]
A tract comprehensively planned for industrial uses whether or not the buildings are erected in one development stage or over a period of time.
Any land used for the following public or private purposes: educational facilities, including universities, colleges, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, "institutional use" shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
[Added 5-1-2001 by Ord. No. 2001-5]
Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter, or whose right to use, acquire or enjoy property under this chapter or under any other law of the state or of the United States has been denied, violated or infringed upon by an action or a failure to act under this chapter.
The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act to govern the review of application from the adoption of the regulation until the Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
The surface and subsurface of the earth as well as improvements and fixtures on, above, or below, the surface and any water found thereon.
An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
[Added 6-4-1997 by Ord. No. 1997-5]
A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record of survey, map or by metes and bounds for purpose of sale, lease, or separate use.
The area contained within the lot lines. Lot area for a single-family detached dwelling shall include as a minimum one acre of contiguous lands arranged in a common geometric pattern such as a square, rectangle, etc., suitable for construction of a dwelling and its accessory structures. The computation for the one acre shall exclude any rights-of-way, any lakes, streams, floodways, flood hazard areas, drainage basins and drainage structures, wetlands, environmentally sensitive land, slopes exceeding 20%, areas of tract which contain a historic resource and/or areas of tract encumbered by either an easement which prohibits aboveground uses or structures (as opposed to underground piping) or deed restriction which would prohibit construction or structures normally allowed as either a principal or accessory use in that zoning district. Buffers may be included within the minimum lot area.
[Added 4-3-1990 by Ord. No. 1990-1; amended 3-2-1993 by Ord. No. 1993-3]
The shortest distance between the front lot line and a line drawn parallel to the front line through the midpoint of the rear lot line.
The horizontal distance between the side lot lines measured along the street line. In the case of a corner lot, the lot frontage shall be measured along both streets upon which the lot fronts from the ends of the connecting curve at the intersection of the two streets.
[Amended 12-7-1999 by Ord. No. 1999-8]
Any line forming a portion of the exterior boundary of a lot which shall be the same line as the street line for that portion of a lot abutting a street.
The horizontal distance measured between side lot lines. The horizontal distance is measured at the minimum setback required. The distance must be equal or greater than a 150 feet radius drawn from the minimum setback points on each lot.
[Amended 4-8-1997 by Ord. No. 1997-2]
Any security which may be accepted and approved by a municipality for the maintenance of any improvements required by this Act.[5]
All site plans not meeting the definition of minor site plan or applicable for site plan waiver.
Any subdivision not classified as a minor subdivision.
A composite of the mapped and written proposals recommending the physical development of the municipality which has been duly adopted by the Planning Board, as set forth in N.J.S.A. 40:55D-28.
Site development which is not large in scale but which does not qualify for site plan waiver, submission as a minor site plan shall be permitted. A minor site plan shall be defined as:
Any subdivision containing not more than three lots including the remaining portion of the original lot, parcel or tract, fronting on an existing street, not involving any new street or road or the extension of municipal facilities, nor requiring the improvements enumerated in Article VII of this chapter, and not adversely affecting the development of the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Master Plan, Official Map, or this chapter. The Planning Board shall reserve the option to require the improvements as set forth in Article VII of this chapter in lieu of classifying an application as a major subdivision.
Any rearrangement of lot lines which does not increase the number of building lots and/or which creates parcels which are to be consolidated with existing lots shall be classified as a minor subdivision, provided that it meets the applicable criteria set forth in other parts of this definition, and provided further that either a deed of consolidation or a filed plat indicating such consolidation is presented and recorded.
In computing whether a subdivision contains not more than three lots, there shall be counted all lots created on the parcel or portion thereof within four years of the date of submission. A rearrangement of lot lines as is set forth above shall not be counted in this number unless a new building lot has been created.
The minor subdivision map indicating the proposed layout of the subdivision and which contains all of the information required by Article VI of this chapter which is submitted to the Secretary of the Planning Board for Planning Board appraisal and meeting the legal requirements of Article VI of this chapter, and, which, if approved, shall be filed with the proper recording officer.
A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.
The Township of Shamong.
The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 12-18-2012 by Ord. No. 2012-09]
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A map adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption.[6] Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds, and drainage right-of-way shown thereon.
Improvements made outside the original tract to accommodate conditions generated inside the original tract that are transferred off site as a result of the proposed development.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of lands adjoining or neighboring such open space, provided that such areas may be improved with those buildings, structures, streets and off-site parking and other improvements that are designed to be incidental to the natural openness of the land. Open space which is to be offered to the Township for dedication or presented to a homeowners' organization must be composed of at least 50% uplands, which uplands are to be accessible so that such portion of the open space is usable by the residents of the Township. All of the uplands of the open space, where appropriate based upon the existing site conditions, must be improved with good quality grass rather than weeds. The property must be cleaned, and all low brush, briers and debris must be removed. No dead trees shall either be standing or lying on the site. In some cases, appropriate compensatory plantings and/or landscaping may be necessary, particularly where active recreation facilities are proposed to be installed by the developer on the open space. If any of the aforesaid open space, either uplands or wetlands, includes either ponds or streams, or both, said ponds or streams must be cleaned and desilted prior to their offer of dedication to the municipality or presentation to the homeowners' organization. The percentage requirement set forth herein may be the subject of a bulk variance should cause exist. Additionally, there may be a waiver granted with respect to clearing of the site based on ecological or other considerations.
All clearing upon the site and any cleaning and desilting of ponds and streams must be done as limited by the CMP and with the approval of the Pinelands Commission. All lands set aside for recreational facilities shall be designated as public open apace in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-6. All open space shall be permanently dedicated through deed restriction with no further development permitted other than improvements that are designed to be incidental to the natural openness of the land, with the sole exception being public open space which shall allow for the construction of recreational or conservational facilities, all pursuant to N.J.S.A. 40:55D-5 and 40:55D-6. In the Rural Development Area where cluster housing is involved, the recreation areas constructed as part of the public open space shall be limited to 10% of the total tract, provided that only land exceeding 3.2 acres per unit may be used for this purpose.
[Added 9-4-1990 by Ord. No. 1990-7]
Any individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.
[Amended 6-4-1997 by Ord. No. 1997-5]
An area either within a structure or in the open for the parking of motor vehicles. The area of a parking space is intended to be of sufficient area to accommodate the exterior extremities of the vehicle whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other and shall be as required by the provisions of this chapter, regardless of the angle of the parking space to the access isle or driveway.
Any security which may be accepted by a municipality including cash, provided that the municipality shall not require more than 10% of the total performance guarantee in cash; this may include performance bonds, acceptable letters of credit, acceptable escrow agreements and other similar collateral or surety agreement approved in substance and inform by the Township Solicitor and Township Committee which may be accepted in lieu of requirement that certain improvements be made by the Planning Board or other approving body which approves a plat adapted in accordance with requirements as set forth under N.J.S.A. 40:55D-32.
The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
[Added 12-18-2012 by Ord. No. 2012-09]
Any use of land or buildings as permitted by this chapter.
An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.
That area designated as such by Section 10(a) of the Pinelands Protection Act.[7]
A use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus in Regional Growth Areas located in Shamong Township and other Pinelands municipalities.
The agency responsible from February 8, 1979 until June 28, 1979 for the review of and action an applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
See N.J.A.C. 7:50-6.43.
[Added 12-18-2012 by Ord. No. 2012-09]
Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
An area of a minimum contiguous size of at least 15 acres to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any other uses incidental to the predominant use as may be permitted in this chapter.
[Added 9-4-1997 by Ord. No. 1997-8]
The Municipal Planning Board established pursuant to N.J.S.A. 40:55D-23.[8]
A Pinelands plant species whose survival worldwide, nationwide, or in the state is in jeopardy.
A map or maps of a subdivision or site plan.
The official action taken in a preliminary plat by the Planning Board meeting in regular session which determines whether or not the map submitted is in proper form and meets the established standards adopted for design, layout and development of the subdivision. Such approval confers certain irrevocable rights upon a subdivider for a period of three years on condition that the general terms on which the approval was granted shall not be changed, including but not limited to, Use requirements:
Layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements, except nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat; and
That the applicant may apply for and the Planning Board may grant, extensions on such approval for additional periods of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
The preliminary map indicating the proposed layout of the subdivision which is submitted to the Secretary of the Planning Board for Planning Board consideration and tentative approval and meeting the requirements of Article VI of this chapter.
The main purpose for which any lot or building is used.
An institution of education whose curriculum is approved by the New Jersey Department of Education or the New Jersey Department of Higher Education and not supported primarily by public funds.
The office of a physician, dentist, psychologist, lawyer, engineer, accountant, architect, or land surveyor.
A map prepared from actual surveys giving all pertinent survey data for the outside boundary and all blocks within the subdivision. It shall also show the locations and dimensions of all streets and show easements within or contiguous to the property with deed or dedication reference and it shall conform to the detailed regulations as specified in this chapter.
Public parks, playgrounds, trails, paths or other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
Development, including subdivision, by any township or other government agency.
The land reserved or dedicated for the installation of stormwaters, sewers, or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of waters to safeguard the public against flood damage, sedimentation, and erosion.
An open space area conveyed or otherwise dedicated to the municipality, a municipal agency, Board of Education, state or county agency, or other public body for recreational or conservational purposes.
Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly; roads and streets and other similar services provided or maintained by any public or private entity.
A map showing all utility easements, storm drains, open drainage channels, water and gas mains, telephone and electric service trunk lines, railroads and is to conform to the specifications as outlined in this chapter.
A majority of the full authorized membership of a municipal agency.
The management program which employs the most efficient use of available technology, natural, human and economic resources.
The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 6-4-1997 by Ord. No. 1997-5]
Any recreational facility which does not satisfy the definition of low intensive recreational facility, including but not limited to golf courses, amusement parks, hotels, and motels.
A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 6-4-1999 by Ord. No. 1997-5]
Boats, campers, trailers and related vehicles intended for temporary dwelling purposes. Recreational vehicles shall not include house trailers or mobile homes.
The number of dwelling units per gross area of residential land area, including streets and open space portions of a development.
A plan, prepared for review by the Soil Conservation District, which details the proposed use of agricultural recommended management practices.
The dredging, digging, extraction, mining and quarrying of sand, gravel, clay, or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of nonpoint source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
[Added 12-18-2012 by Ord. No. 2012-09]
The total width and length of the course of property along a street, watercourse, utility alignment or other way and within which all improvements and rights of access are confined.
The watercourse, the flood hazard area and a contiguous area that buffers the watercourse or the floodplain from abnormal fluctuations in discharge and burdens of foreign substance which could arise from careless development.
A silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.
[Added 12-18-2012 by Ord. No. 2012-09]
The means by which refuse is deposited, compacted and covered with clean fill, and meeting all the requirements of the New Jersey Department of Environmental Protection, Public Utilities Authority, and the municipality.
The level below the natural surface of the ground to which water seasonally rises in the soil in most years.
A silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.
[Added 12-18-2012 by Ord. No. 2012-09]
The lands and buildings where motor fuel, lubricants and miscellaneous accessories for motor vehicles are sold and dispensed, and where services are rendered for engine and mechanical repairs, but where no vehicular painting and/or body work is done, and where no junked or unregistered motor vehicles are so kept or stored.
A line drawn parallel to a street line or lot line and drawn through the point of the building nearest to the street line or lot line beyond which a building does not project. The minimum yard requirements shall be the minimum required setbacks.
A silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
[Added 12-18-2012 by Ord. No. 2012-09]
Any announcement, declaration, demonstration, display, illustration or insignia used to advertise, to promote the interest of any person or product when same is placed in a position to be seen by the general public from any street or public way. Signs do not induce the flag or emblem of any national organization of nations, state or city, or any fraternal, religious or civic organizations merchandise pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
A facility through which stormwater is directed and which is designed to collect silt and eroded soil.
A map that gives the location of the existing principal roads, built-up areas, nearby shopping centers, all public buildings and various zoning districts and is to conform to detailed specifications as outlined in this chapter.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including, but not necessarily limited to, topography, vegetation, drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
Any other information that may reasonably be required in order to make and form a determination pursuant to this chapter.
The examination of specific development plans for a lot.
Any applicant may request a waiver from site plan review as required under the terms of this chapter providing applicant's site plan involves:
Notwithstanding the above, site plan waivers shall not be granted for commercial forestry operations or the continuation of resource extraction operations.
A grant to the county or Township sufficient to fulfill the intent and purpose of the easement as provided for in the site plan review section of this chapter.[9]
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion. "Sketch plat" is also referred to as a concept plat.[10]
Standards adopted by ordinance regulating noise level, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic materials, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or required by applicable federal or state laws or municipal ordinances.
That portion of a building comprised between a floor and the floor next above it. A half-story is between a floor and the roof with the height of not less than 7 1/2 feet of clear space above at least 1/3 of the floor area.
Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing State, County, or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the Office of the County Clerk prior to the appointment of a Planning Board and the grant to such Board of the power to review plats and include the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
Controlled access highways are those that are used by heavy through traffic and which permit no access from abutting property.
Arterial streets are those which are used primarily for fast or heavy traffic.
Major thoroughfares are those which are used primarily far heavy local and through traffic.
Minor streets are those which are used primarily for access to the abutting properties.
Collector streets are those which carry traffic between minor streets and major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.
Marginal service streets are those which are parallel or adjacent to controlled access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.
The edge of the street right-of-way forming the dividing line between the street and a lot.
A combination of materials to form a construction for occupancy, use or ornamentation having a fixed location whether installed on, above, or below the surface of a parcel of land or attached to something having a fixed location on, above or below the surface of land.
Any individual, firm, association, syndicate, copartnership or corporation trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder.
The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, for sale or building development, except that the following divisions shall not be considered subdivisions; provided, however, that no new streets or roads are involved and no new development occurs or is proposed in connection therewith:
Division of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size;
Division of property by testamentary or intestate provisions;
Division of property upon court order; and
Conveyances so as to combine existing lots by deed or other instrument.
Subdivision also includes resubdivision.
The facilities constructed above or below ground having a depth of more than two feet or a water surface of 100 square feet or more and designed and maintained for swimming purposes. Swimming pools shall include all buildings, structures, equipment and appurtenances.
A swimming pool located as an accessory use to a residence for use by members of the residence and guests.
A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 12-18-2012 by Ord. No. 2012-09]
A map must show contours, existing buildings and other structures, watercourses, wooded areas, location of test pits or borings and conform to the specifications as outlined in this chapter.
One dwelling unit in a line of three or four or more attached dwelling units, with each dwelling unit from ground to roof and having individual outside access.
The services provided to a use including, but not limited to, sewerage treatment, water supply, gas, electric and telephone.
Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
[Amended 6-4-1997 by Ord. No. 1997-5]
Those lands which are inundated or saturated with water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture, and are further defined in N.J.A.C. 7:50-6.3 through 7:50-6.5.
The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.
[Added 12-18-2012 by Ord. No. 2012-09]
Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Baybora, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns, and Freshwater Marsh and Tidal Marsh soil types.
An open space extending between the closest point of any building and a lot line or street line. In an apartment or townhouse complex, "yard" shall also be the open space extending between structures. All angles shall be right angles to either a straight street line, lot line, or building facade, or perpendicular to the point of tangent of curblines and facades.
The area extending across the full width of a lot line between the street line and the building, and for apartment and townhouses constructed on the interior of a lot, the front yard shall be measured from the designated front of the building to an imaginary line a designated distance away from the front of the building.
The open space extending across the full width of the lot between the rear lot line and the building, and for apartment and townhouses constructed on the interior of the lot, the rear yard shall be measured from the designated rear of the building to an imaginary line a designated distance away from the rear of the building.
An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the building. The, side yard for apartments and townhouses constructed on the interior of a lot shall be measured from the designed side of the building to an imaginary line a designated distance away from the side of the building. The minimum distance between structures in the apartment or townhouse complex shall be the sum of the two yards and in no event shall the two structures be closer to one another than the sum of both side yards.
[1]
Editor's Note: See N.J.S.A. 13:18A-5.
[2]
Editor's Note: See N.J.S.A. 13:18A-8.
[3]
Editor's Note: Chapter 1 of Title 58 has been repealed. See now N.J.S.A. 58:1A-1 et seq. and 58:16A-50 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[5]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[6]
Editor's Note: Repealed by L. 1976, c. 291. See N.J.S.A. 40:55D-32 et seq.
[7]
Editor's Note: See N.J.S.A. 13:18A-11a.
[10]
Editor's Note: The definitions of "specimen tree" and "standard subsurface sewage disposal system," which immediately followed this definition, were repealed 6-4-1997 by Ord. No. 1997-5.
B.
General. Any word not defined herein shall have the meaning set forth in the Municipal Land Use Law or the Pinelands Comprehensive Management Plan.
§ 110-5 Administrative procedure.
[Amended 3-4-2008 by Ord. No. 2008-004]
The Township Committee and Planning Board (also referred to as a "Joint Land Use Board") shall adopt and may amend reasonable rules and regulations, not inconsistent with the Municipal Land Use Law of 1975, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., the Comprehensive Management Plan, or this chapter for the administration of their functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee, as established by § 110-19 of this chapter, for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the Administrator.
§ 110-6 Agency meetings; quorums.
Every agency shall by its rules fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The agency may provide for special meetings, at the call of the Chairman, or on request of any two of its members, which shall be held on notice to its members and the public in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231,[1] and agency regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by N.J.S.A. 40:55D-9 and 40:55D-70. Nothing herein shall be construed to contravene any statute providing for procedures for governing bodies.
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
§ 110-7 Public meetings and minutes.
A.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c. 231, and agency regulations.
B.
Minutes of every regular or special meeting shall be kept and shall include the names of all persons appearing and addressing the agency and of the persons appearing by attorney, the action taken by the agency, the findings, if any, made by it, and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a fee as established by N.J.S.A. 47:1A-1 for reproduction of the minutes for his use.
§ 110-8 Hearings.
A.
The Township agency shall hold a hearing on each application for development, or adoption, revision or amendment of the Master Plan.
B.
The Township agency shall make the rules governing such hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least 10 days before the date of the hearing during normal business hours in the office of the Administrative Officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
C.
The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38,[1] shall apply.
[1]
Editor's Note: See N.J.S.A. 2A:67A-1 et seq.
D.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
E.
Technical rules of evidence shall not be applicable to the hearing, but the Chairman of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.
F.
The agency shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The agency shall furnish a transcript, or duplicate recordings in lieu thereof, on request to any interested party at his expense and upon his compliance with N.J.S.A. 40:55D-10 and 40:55D-17.
G.
Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.
H.
A copy of the decision shall be mailed by the Secretary of the agency within 10 days of the date decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision for a fee as specified by N.J.S.A. 47:1A-1. A copy of the decision shall also be filed by the agency in the office of the Administrative Officer. The Administrative Officer shall make a copy of such filed decision available to any interested party for a fee as specified in N.J.S.A. 47:1A-1 and available for public inspection at his or her office during Township business hours.
I.
A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be arranged by the applicant, provided that the municipality's Administrative Officer may in any case provide for publication of the decision. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the Township or by the applicant.
§ 110-9 Contents of notice of hearing on applications for development.
Notices pursuant to § 110-10 of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered, and, in the case of notices pursuant to § 110-10 of this chapter, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office, and the location and times at which any maps and documents for which approval is sought are available pursuant to § 110-7B of this chapter.
§ 110-10 Notice of applications.
Notice pursuant to Subsections A, B, D, E, F and G of this section shall be given by the applicant and shall be given at least 10 days prior to the date of the hearing.
A.
Public notice of a hearing on an application for development shall be given except for conventional site plan review pursuant to § 110-56A of this chapter, except as otherwise required by § 110-63 of this chapter; minor subdivisions pursuant to § 110-69 of this chapter; or final approval pursuant to § 110-66 of this chapter, provided that public notice shall be given in the event that relief is requested pursuant to § 110-44 of this chapter as part of an application for development otherwise excepted herein from public notice. Public notice shall be given by publication preferably in the official newspaper of the Township.
[Amended 4-3-1990 by Ord. No. 1990-1]
B.
Notice of a hearing requiring public notice pursuant to Subsection A of this section shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. Notice shall be given by serving a copy thereof on the property owner as shown on the said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on the said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation.
C.
Upon written request of an applicant, the Administrative Officer or his designate shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection B of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee not to exceed $0.25 per name or $10, whichever is greater, may be charged for such list.
D.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.
E.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
F.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
G.
Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to § 110-8B of this chapter.
H.
Notice to the Pinelands Commission shall be given in accordance with the Pinelands review procedures and application requirements set forth in § 110-21 of this chapter.
I.
No notice of an application for minor subdivision approval, final subdivision plat approval or any action with respect to a site plan waiver or minor site plan shall be required. Notice is required for major site plans where the property in question is located within 200 feet of residentially zoned property.
J.
Notice is required for actions brought before the Joint Land Use Board pursuant to any subsection of N.J.S.A. 40:55D-70, 40:55D-36 and a site plan or subdivision submission submitted as the second portion of a bifurcated application connected with a "D" variance.
[Amended 3-4-2008 by Ord. No. 2008-004]
K.
Applications to the Planning Board requiring notice shall include preliminary plat approval of a major subdivision, a conditional use application, applications pursuant to 40:55D-36, any application for a subdivision or site plan wherein a variance is requested under the ancillary powers of the Planning Board, or major site plans for property located within 200 feet of a residentially zoned property.
§ 110-11 Effect of mailing notice.
Any notice made by certified mail pursuant to § 110-10 of this chapter shall be deemed complete upon mailing.
§ 110-12 Complete application; requests for waivers; correction of errors; names of stockholders.
A.
The complete application for subdivisions, and site plans (major and minor; preliminary and final) shall consist of the following:
(2)
Sufficient number of plans prepared in accordance with the applicable step, stage of approval, or type of approval for which consideration is requested. A checklist for each type of application is set forth in Appendix A attached hereto.[2] The applicant may request that one or more of the submission requirements be waived, in which event the municipal agency shall act upon the request within 45 days. See Subsection A(3) below dealing with when application for development is deemed complete.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(3)
Payment of all required fees, escrows, taxes, current or delinquent as required. No application for development shall be deemed complete unless all of the foregoing items have been paid and a proof of payment shall be a prerequisite for certification as a complete application. No application for development shall be deemed complete if there are outstanding, uncollected fees and escrows resulting from past application or prior submissions by the applicant involving the property in question or any part thereof, including the base tract by a previous applicant or submissions by the applicant involving any other property. In addition, final approval for subdivision and site plans where bondable improvements are required shall require the posting of the performance guarantee or installation of said improvements prior to the submission as an element of the complete application, and proof of compliance with all conditions imposed by the preliminary approval.
B.
Certification of completeness; consideration of request for waiver.
(1)
No date for a hearing shall be set until the Board or the Board's designee who may be the Board Secretary or the Township Administrative Officer certifies the application as complete. In the event that the application is not certified to be complete within 45 days of the date of its submission, except as varied as is set forth below, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period and for setting the date for a hearing unless:
(a)
The application lacks information indicated on the checklist adopted by ordinance and provided to the applicant; and
(b)
The municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application.
(2)
In the event that the applicant requests waiver of one or more of the submission requirements, consideration of that request for waiver shall be done within the forty-five-day period preceding certification as a complete application.
C.
The municipal agency may subsequently require correction of any information found to be in error or submission of any additional information not specified in this chapter or revisions in the accompanying documents as reasonably necessary to make an informed decision, but such corrections, additions or revisions shall not be determinative in the finding of whether or not the application is complete.
D.
Names of stockholders.
[Added 3-2-1993 by Ord. No. 1993-3]
(1)
A corporation or partnership applying to the Planning Board or the Board of Adjustment or to the governing body of the municipality for permission to subdivide a parcel of land into six or more lots, or applying for a variance to construct a multiple dwelling of 25 or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be.
(2)
If a corporation or partnership owns 10% or more of the stock of a corporation, or 10% or greater interest in a partnership, subject to disclosure pursuant to Subsection D(1) of this section, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners, exceeding the 10% ownership criterion established in this Act, have been listed.
§ 110-13 Filing of Development Regulations.
The Township Clerk shall file, with the County Planning Board and the Pinelands Commission, as soon after passage as possible, all development regulations, including this chapter and any amendments or revisions thereto, and file and maintain for public inspection copies of said regulations in the office of the Clerk.
§ 110-14 Appeals.
All appeals for review of the action of any municipal agency operating under this chapter shall be made directly to any court of competent jurisdiction, according to law, or in appropriate circumstances, to the Board of Public Utility Commissioners.
§ 110-15 Enforcement.
A.
The Township Committee shall enforce this chapter. In case any development occurs, any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, the Township Committee or its agents or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
B.
In case any development occurs, any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Township or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful development, erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed $1,000 and/or six months in jail and each day shall be deemed a separate violation.
C.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval as owner or by ordinance pursuant to this chapter, such persons shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
D.
In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief, and to set aside and invalidate a conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
E.
Whenever it shall come to the attention of either the Planning Board or the Board of Adjustment that action was taken by such Board based upon fraud or misrepresentation by or on behalf of the applicant as to a material fact, such Board shall have the right to rescind its previous action and to order revocation of any approval, permit, or certificate theretofore granted upon such fraud or misrepresentation. Such rescission and revocation shall remain in effect unless and until such Board shall reinstate such approval following a hearing thereon granted to the applicant within 10 days of any request therefor by the applicant. The rights of a rescission and revocation set forth in this subsection shall be in addition to the right to proceed under the other subsections of the section.
§ 110-16 Violations and penalties.
A.
Transfer or sale or agreement to transfer or sell as owner or agent any land which forms part of a subdivision for which municipal approval is required by this chapter, except as otherwise provided by the Act,[1] shall subject the offender to the penalties and sanctions provided by the Act.
[1]
Editor's Note: References throughout this chapter to "the Act" refer to N.J.S.A. 40:55D-1 et seq.
B.
Any owner or agent, and any person or corporation who shall violate any other provision of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall initiate any development, erect, structurally alter, enlarge, rebuild or move any building or buildings, or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse reasonable opportunity to inspect any premises, shall upon conviction be liable to the penalty as established in this chapter. Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.
[Amended 5-6-2008 by Ord. No. 2008-005]
C.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation. Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty, § 1-15, governing general penalty provisions.
[Amended 5-6-2008 by Ord. No. 2008-005]
D.
Should any development, construction, building, excavation, clearing or use of structure or property take place that is not in accordance with the approvals granted by the reviewing authority and required by any development or ordinance or without fulfillment or compliance with the conditions imposed by such approvals, such deviation shall be considered a violation of this chapter. If, within 95 days of notification and demand by the Township, the applicant has failed to pay the fees and escrows required by this chapter or the applicant has failed to pay the inspection fees assessed pursuant to N.J.S.A. 40:55D-53(h), a violation of this chapter shall be deemed to have occurred.
§ 110-17 Zoning permit and certificate of occupancy required.
A.
No person shall initiate any development or change any use until he shall have obtained a zoning permit from the Zoning Officer. The permit shall be issued if the proposed use and lot comply with this chapter.
B.
No person shall occupy any land or building until he obtains a certificate of occupancy. The certificate shall be issued by the Construction Official only if the Zoning Officer is satisfied that the completed structure or land alteration for which the zoning permit was issued complies with the application for the permit and this chapter. Applications for permits shall be made on forms approved by the Township Committee.
§ 110-18 Conditional approvals.
A.
In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the approving authority shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the approving authority is prevented or relieved from so acting by the operation of law.
§ 110-19 Fees and escrows.
[Amended 3-2-1993 by Ord. No. 1993-3; 3-5-1996 by Ord. No. 1996-2; 5-5-1998 by Ord. No. 1998-5; 3-4-2008 by Ord. No. 2008-004; 7-1-2008 by Ord. No. 2008-007; 2-24-2009 by Ord. No. 2009-002; 8-5-2008 by Ord. No. 2008-010; 3-2-2010 by Ord. No. 2010-01; 3-6-2012 by Ord. No. 2012-04]
Fees as outlined below are nonrefundable and are to cover the administrative costs incurred by the Township in processing applications. The escrow accounts are to pay the cost of professional review by the Engineer, Solicitor, planning consultant, and other professionals employed by the approving authority to review and make recommendations on an application for development. At the time of submitting an application to the Administrative Officer, the applicant shall be required to execute an escrow agreement with the approving authority in a form approved by the Solicitor of the approving authority to cover all necessary and reasonable costs incurred by the technical and professional reviews, processing, inspection, preparation of documentation, resolutions or engaging in any other professional activity with respect to the proposed application. The amounts specified below as escrow amounts are estimates which shall be paid prior to certification of a complete application. In the event that more than the amounts specified below for escrows are required to pay the reasonable costs incurred, the applicant shall, prior to being permitted to take the next step in the approval procedure, or in any event prior to obtaining occupancy permits for any element of the project, pay all additional sums required. In the event that the amounts posted for escrows are more than those required, the excess funds shall be returned to the applicant within 60 days of the issuance of a certificate of occupancy for the project. Prior to the issuance of an occupancy certificate for any element of the project, the Zoning Officer shall determine from the Chief Financial Officer whether there are sufficient amounts in the escrow fund to pay pending bills. The Chief Financial Officer shall periodically advise the Administrative Officer of the balance of all escrow accounts and, when additional funds are required, it shall be the obligation of the Chief Financial Officer to notify the applicant of the amounts needed and to notify the approving authority of any refusal or failure to properly make any payments required. In addition to these terms, the escrow agreement may include any additional terms which are agreed to by the applicant and the approving authority and which are permitted by law. All charges against the escrow account shall be at the same rate that the professional bills the municipality, and no applicant shall be charged in excess of that rate. No sum shall be disbursed from the escrow account without receipt by the Chief Financial Officer and approval by the Township Committee of appropriate vouchers from the professional(s). The processing of all monies received in the escrow account and payments therefrom by the Chief Financial Officer shall be in accordance with the provisions of Chapter 54, P.L. 1995 as the same may be amended and supplemented and any regulations promulgated by the Commissioner of the Department of Community Affairs.
A.
Schedule of fees and escrows.
(11)
Inspection fee.
(a)
Five percent of the first $100,000 of cost of bondable improvements as computed by the Township Engineer.
(b)
Three percent of the balance of the cost of bondable improvements as computed by the Township Engineer.
(c)
If inspection fees and escrows exceed $500,000, arrangements may be made with the Administrative Officer to establish a revolving fund to cover such escrows and inspection fees, which fund shall be replenished upon demand.
(12)
Rezoning. Should an applicant file a request for rezoning, said application shall be accompanied by a fee in the amount of $250 and an escrow in the amount of $1,000. The applicant's rezoning request shall describe the current zoning; the requested zoning; the changes that are necessary to the municipality's Master Plan; a narrative statement supporting the change to the Master Plan and the rezoning request; a statement of changes that have taken place in the municipality since the last revision or review of the Master Plan that would support the change to the Master Plan and the rezoning request; impact studies such as traffic, environmental, fiscal, such as are pertinent and necessary for the municipality's review and decision of the rezoning request.
(13)
Tax Maps. In addition to the above fees, the applicant, at the time of any final approval which changes the lines as shown on the existing Tax Map of the municipality, shall pay to the municipality a Tax Map adjustment fee in accordance with the following schedule to defray the cost of modifying the Township's Tax Maps:
(a)
For minor subdivisions (five lots or less): $65 per lot.
(b)
For major subdivisions and condominium unit(s) dimensioning and detailing (six lots or more), $25 to $45 per lot, further broken down as follows:
(c)
Per commercial site plan: $800.
(d)
Per condominium site plan: $1,000, plus $20 per unit for residential condominium projects.
(e)
For each lot/Tax Map revision due to deed discrepancies, lot line adjustments, easement detailing, ownership labeling, acreage calculation and labeling, street name changes and other minor revisions: $45 per lot or per change.
(f)
For printing/plotting of final deliverables, as outlined herein: $500.
B.
In the event that an application includes a request for more than one type of relief, the fees applicable to each type of relief shall be separately charged and collected and a separate application form shall be submitted even though the applicant may be applying to only one municipal board.
§ 110-20 Expiration of variance.
[Amended 3-4-2008 by Ord. No. 2008-004]
Any variance hereinafter granted by the Zoning Board of Adjustment, Planning Board, or, upon its creation, Joint Land Use Board, pertaining to the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variance or unless such permitted use has actually been commenced within one year from the date of publication of the notice of the judgment or determination of the Board.
§ 110-20.1 Expiration of approvals.
[Added 12-1-2009 by Ord. No. 2009-006]
A.
Notwithstanding any other provisions of this chapter or Code, all preliminary major subdivision and preliminary major site plan approvals shall expire three years from the date on which the resolution of approval is adopted, plus any extensions. Failure of an applicant or developer to submit an application for final approval within three years of the date on which the resolution of preliminary approval was adopted, plus any extensions granted beyond that initial period, shall result in the expiration and invalidation of the preliminary approval. If the rights referred to above are granted for a period of time longer than three years, such approval shall expire as set forth in the resolution of approval unless extensions are granted beyond that initial period. No application for final approval of a subdivision or site plan shall be considered unless it has been submitted prior to the expiration date of the preliminary approval as set forth herein. The applicant may apply for and the board may grant extension on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years as set forth in N.J.S.A. 40:55D-49(e), provided that if the design standards have been revised by ordinance, such revised standards may govern.
B.
Notwithstanding any other provisions of this chapter or Code, all final major subdivision, final major site plan and final minor site plan approvals shall expire two years from the date on which the resolution of approval is adopted, plus any extensions. Failure of an applicant or developer to obtain building permits for final major site plans or to file the final major subdivision plat for which such final approval was granted within two years of the date on which the resolution of final approval was adopted, plus any extensions granted beyond that initial period, shall result in the expiration and invalidation of the final approval. If the rights referred to above are granted for a period of time longer than two years, such approval shall expire as set forth in the resolution of approval unless extensions are granted beyond that initial period. The applicant may apply for and the board may grant extension on such final approval for additional periods of at least one year, but not to exceed a total extension of three years as set forth in N.J.S.A. 40:55D-52, provided that if the design standards have been revised by ordinance, such revised standards may govern.
§ 110-21 Pinelands Commission review procedures and application requirements.
A.
Applicability of procedures. No person shall carry out any development within Shamong Township without obtaining development approval from an approval agency in accordance with the procedures set forth in this section.
(1)
Except as provided in Subsection A(2) below, the following shall not be subject to the procedures set forth in this section:
(a)
The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto;
(b)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(d)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(e)
The repair of existing utility distribution lines;
[Amended 6-4-1997 by Ord. No. 1997-5]
(f)
The clearing of less than 1,500 square feet of land;
(g)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:
[Amended 12-4-2018 by Ord. No. 2018-13]
[1]
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
[2]
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(h)
The demolition of any structure that is less than 50 years old;
(i)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
[Added 6-4-1997 by Ord. No. 1997-5]
(j)
The repair or replacement of any existing on-site wastewater disposal system;
[Added 6-4-1997 by Ord. No. 1997-5]
(k)
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
[Added 6-4-1997 by Ord. No. 1997-5; 12-4-2018 by Ord. No. 2018-13]
(l)
The clearing of land solely for agricultural or horticultural purposes.
[Added 6-4-1997 by Ord. No. 1997-5; 12-4-2018 by Ord. No. 2018-13]
(m)
Fences, provided no more than 1,500 square feet of land is to be cleared;
[Added 6-4-1997 by Ord. No. 1997-5]
(n)
Aboveground telephone equipment cabinets;
[Added 6-4-1997 by Ord. No. 1997-5]
(o)
Tree pruning;
[Added 6-4-1997 by Ord. No. 1997-5]
(p)
The following forestry activities:
[Added 6-4-1997 by Ord. No. 1997-5]
[1]
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
[2]
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
[3]
Tree planting, provided that the area to be planted, does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
[4]
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year.
(q)
Prescribed burning and the clearing and maintaining of fire breaks; or
[Added 6-4-1997 by Ord. No. 1997-5]
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 110-38C.
[Added 6-4-1997 by Ord. No. 1997-5]
(s)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 12-4-2018 by Ord. No. 2018-13]
(t)
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 12-4-2018 by Ord. No. 2018-13]
(u)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 12-4-2018 by Ord. No. 2018-13]
(v)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 12-4-2018 by Ord. No. 2018-13]
(2)
The exceptions contained in Subsection A(1) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(3)
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
B.
Special requirements for minor development. Any application for approval of minor development 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 Map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;
(7)
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all building and sanitary facilities which will serve the proposed development. The following information shall be included with respect to the existing or proposed sanitary facilities;
(a)
On-site treatment facilities: location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
(b)
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 110-32 of this chapter.
(8)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
(9)
A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;
(10)
A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;
(11)
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; and
(12)
When prior approval for this development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to this section.
C.
Other application requirements; certificate of filing.
(1)
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b)5 as well as the following:
(a)
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; and
(b)
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to this section.
D.
Notices to the Pinelands Commission.
[Amended 12-4-2018 by Ord. No. 2018-13]
(1)
Application submissions and modifications. Written notification shall be given by the Township, by e-mail or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that that application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(e)
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;
(f)
The approval agency with which the application or change thereto was filed;
(g)
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and
(h)
The nature of the municipal approval or approvals being sought.
(2)
Hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by e-mail, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other formal proceeding;
(d)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing, or other formal proceeding;
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and
(f)
The purpose for which the meeting, hearing, or other formal proceeding is to be held.
(3)
Notice of approvals or denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction, of any approval agency or an appeal of any agency's decision. The applicant shall within five days of the approval or denial give notice by e-mail or regular mail to the Pinelands Commission. Such notice shall contain the following information:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval agency;
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;
(f)
Any revisions to the application not previously submitted to the Commission; and
(g)
A copy of the resolution, permit or other documentation of the approval or denial. If the application was approved, a copy of any preliminary or final plan, plot or similar document that was approved shall also be submitted.
E.
Review by Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection D(3) above, this application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4. 37-4.42. This approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed and the Commission has approved or approved with conditions the proposed development and the provisions of N.J.A.C. 7:50-4.38(d) have been met. Although the Pinelands Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Pinelands Commission.
F.
Condition on prior approvals by Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review of this Township's approval is not required; or
(2)
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 to 7:50-4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.
G.
Effect of Pinelands Commission decision on Township's approval. If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within 30 days of the Commission's action, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within 30 days, modify its approval to include all conditions imposed by the Commission and, if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant.
H.
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Township involving the development of land pursuant to N.J.A.C. 7:50-4.36.
I.
Public development. All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in Article 4, Part 4 of the CMP and all the standards set forth in this chapter.
J.
Amendments. In amending this chapter, the Township's Master Plan, or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.
§ 110-22 Public development.
All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51, and all the standards set forth in Article VII of this chapter.
§ 110-23 Posting and administration of financial guarantees.
Whenever a financial guarantee is required for compliance with any provision of the Pinelands Comprehensive Management Plan or this chapter, such as those sections pertaining to forestry, said financial guarantee shall be posted and administered by the municipality, and shall be in such amount as to guarantee the performance of the requirements of the CMP and this chapter.
§ 110-24 Right to farm.
[Amended 2-1-2005 by Ord. No. 2005-1]
The right to farm, as defined in N.J.S.A. 4:1C-3, is hereby recognized to exist in the Township of Shamong, in the County of Burlington, and is hereby declared a permitted use in all zones of this Township where an agricultural use is preexisting.
A.
This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops, trees and forest products, livestock and poultry and other commodities described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping.
(2)
Housing and employment of necessary farm laborers.
(3)
Erection of necessary agricultural buildings ancillary to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences for livestock and fowl, as well as to control depredation by wildlife.
(6)
The operation and transportation of large, slow-moving equipment over roads within the Township of Shamong.
(7)
Control of pests, predators, and diseases of plants and animals.
(8)
Conduction of agricultural-related education and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner to lessee is obtained.
(9)
Use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, harvest aides and other equipment.
(10)
Processing and packaging of the agricultural output of commercial farm.
(11)
The operation of a farm market, including the construction of business and parking areas in conformance with Shamong Township standards.
(12)
The operation of a pick-your-own operation, meaning a direct marketing alternative wherein retail or wholesale customers are invited onto a commercial farm in order to harvest agricultural, floricultural, or horticultural products.
(13)
Replenishment of soil nutrients and improvements of soil tilth.
(14)
Clearing of woodlands using open burning and other techniques, installation and maintenance of vegetative and terrain alterations and other physical facilities for water and soil conservation and surface control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers, insecticides, and herbicides in accordance with the manufacturers' instructions.
(17)
Agricultural-related educational and farm-based recreational activities, provided that the activities are related to marketing the agricultural or horticultural output of the farm, including but not limited to equestrian activities, including the boarding of horses and riding instructions.
(18)
Harvesting of timber.
B.
The foregoing activities must be in conformance with applicable federal and state law.
C.
The foregoing practices and activities may occur on holidays, weekdays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
D.
It is hereby determined that whatever nuisance may be caused to others by these uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general.
E.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the Burlington County Agriculture Development Board prior to filing an action in court.
F.
An additional purpose of this section is to promote a good neighbor policy by advising purchasers and users of property within 500 feet from the lot line of any agricultural operation of the potential discomforts associated with such purchase or residence. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture (or in an agricultural development area, meaning an area identified by a County Agriculture Development Board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agricultural Development Committee). The disclosure required by this subsection is set forth in the disclosure form attached hereto and made a part hereof at Appendix F.[1]
[1]
Editor's Note: Appendix F is included at the end of this chapter.
G.
It is the intent of this section to require all developers in Shamong Township to include language in their deeds advising buyers of this Right to Farm Ordinance and to permit the Planning Board to require this language as part of any subdivision or site plan approval.
H.
The Township Planning Board shall, as part of any subdivision or site plan approval, direct any developer to include in the deeds to buyers, advisement of this Right to Farm Ordinance.
§ 110-25 Planning Board as Historic Preservation Board.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a) and § 110-36 of this chapter.
§ 110-26 Pinelands development credits.
A.
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 from entitlement as provided in the subsection below, every parcel of land in the Preservation Area Districts, Infill Districts and Agricultural Production Area, or a Special Agricultural Production Area shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth Area. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Added 3-2-1993 by Ord. No. 1993-3]
B.
Pinelands development credits are hereby established in the Preservation Area Districts and Infill Districts at the following ratios:
(1)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
[Amended 6-4-1997 by Ord. No. 1997-5]
(2)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(3)
Other uplands: one Pinelands development credit per 39 acres; and
(4)
Wetlands: 0.2 Pinelands development credit per 39 acres.
C.
Pinelands development credits are hereby established in the Agricultural Production Area and Special Agricultural Production Area at the following ratios:
(1)
Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres;
(2)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(3)
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres;
(4)
Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres; and
[Amended 6-4-1997 by Ord. No. 1997-5]
(5)
Other wetlands: 0.2 Pinelands development credit per 39 acres.
D.
The allocations established in Subsections B and C above shall be reduced as follows:
[Amended 9-4-1990 by Ord. No. 1990-7; 3-2-1993 by Ord. No. 1993-3]
(1)
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.
(2)
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(3)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection H below, or when a variance for cultural housing is approved by the Township pursuant to § 110-109 of this chapter.
(4)
The PDC entitlement for a parcel of land shall also be reduced by 0.25 PDCs 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.
F.
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area, Infill Districts, Agricultural Production Area and Special Agricultural Production Area 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 section shall also apply to the owners of record of less than 0.10 acres of land in the Preservation Area, Infill Districts, Agricultural Production Area and Special Agricultural Production Area, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections B and C 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 9-4-1990 by Ord. No. 1990-7; amended 6-4-1997 by Ord. No. 1997-5]
G.
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 J 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 6-4-1997 by Ord. No. 1997-5]
H.
Notwithstanding the provisions of Subsection A above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for 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.
[Amended 9-4-1990 by Ord. No. 1990-7]
I.
No conveyance, sale, or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
J.
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:
(1)
In the Preservation Area Districts and Infill Districts:
(a)
Berry agriculture;
(b)
Horticulture of native Pinelands plants;
(c)
Forestry;
(d)
Beekeeping;
(e)
Fish and wildlife management;
(f)
Agricultural employee housing as an accessory use; and
(g)
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 impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(h)
Wetlands management.
[Added 12-18-2012 by Ord. No. 2012-09]
(i)
Accessory uses.
[Added 12-4-2018 by Ord. No. 2018-13]
(2)
In the Special Agricultural Production Area:
(3)
In the Agricultural Production Area:
(a)
Agriculture;
(b)
Forestry;
(c)
Agricultural employee housing as an accessory use;
(d)
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 impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(e)
Fish and wildlife management;
(f)
Agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet;
(g)
Airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; and
(h)
Agricultural products processing facilities.
[Amended 9-4-1990 by Ord. No. 1990-7]
(i)
Wetlands management.
[Added 12-18-2012 by Ord. No. 2012-09]
(j)
Accessory uses.
[Added 12-4-2018 by Ord. No. 2018-13]
K.
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the Township approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the Township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 110-21D and to the New Jersey Pinelands development credit bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 3-2-1993 by Ord. No. 1993-3; 6-4-1997 by Ord. No. 1997-5; 5-1-2001 by Ord. No. 2001-5]
L.
Pinelands development credits shall be used in the following manner:
[Added 3-2-1993 by Ord. No. 1993-3]
(1)
To permit development of parcels of land in the Regional Growth Residential and Regional Growth Commercial Districts according to the density and lot area requirements set forth in § 110-120 of this chapter;
(2)
When a variance of density or minimum lot area requirements for the Village Residential, Village Commercial, Village Industrial, Regional Growth Residential or Regional Growth Commercial Districts is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;
(3)
When a variance or other approval for a nonresidential use not otherwise permitted in the Regional Growth Residential District is granted by the Township approval agency, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2;
[Amended 5-1-2001 by Ord. No. 2001-5]
(4)
When a variance for cultural housing is granted by the Township in accordance with § 110-109 of this chapter;
(5)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.; and
(6)
When a variance of density or lot area requirements for a residential or principal nonresidential use in the Village Residential, Village Commercial, Village Industrial, Village Commercial II or Village Professional Office Districts is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 6-4-1997 by Ord. No. 1997-5; amended 9-4-1997 by Ord. No. 1997-8]
§ 110-27 Wetlands.
A.
Uses. No development in the Township shall be permitted in a wetland or a wetlands transition area except for the following uses:
[Amended 3-2-1993 by Ord. No. 1993-3]
(1)
Horticulture of native Pinelands species in accordance with the requirements for agriculture as is set forth under the N.J.A.C. 7:50-6.51 et seq.
(2)
Berry agriculture in accordance with the requirements for agriculture as is set forth under the N.J.A.C. 7:50-6.51 et seq.
(3)
Beekeeping.
(4)
Forestry in accordance with the requirements of N.J.A.C. 7:50-6.41 et seq.
(5)
Wetlands management and fish and wildlife management, in accordance with N.J.A.C. 7:50-6.10.
[Amended 12-18-2012 by Ord. No. 2012-09]
(6)
Low-intensity recreation 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 in any of the adverse impacts listed in Subsection B(2) below.
(7)
Private docks, piers, moorings and boat launches for the use of a landowner, provided there is no significant adverse impact on the wetland as is set forth in Subsection B(2) below.
(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.
(1)
No development, except for those uses which are specifically authorized in the foregoing Subsection A(1)(a) through (d), shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
(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.
§ 110-28 Vegetation and landscaping.
[Amended 6-4-1997 by Ord. No. 1997-5]
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 § 110-61F(3) 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 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 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.
§ 110-29 Fish and wildlife.
A.
Protection of threatened or endangered wildlife required. No development shall be carried out in the Township 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 animals 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 Township 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.
§ 110-30 Forestry.
[Amended 6-4-1997 by Ord. No. 1997-5]
A.
Permit required. No forestry shall be carried out by any person unless a, permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(3)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(4)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and
(5)
Prescribed burning and the clearing and maintaining of fire breaks.
B.
Forestry application requirements. The information in Subsection B(1) or (2) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 12-18-2012 by Ord. No. 2012-09]
(1)
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(2)
For all other forestry applications:
(a)
The applicant's name and address and his interest in the subject parcel;
(b)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(c)
The description, including block and lot designation and street address, if any, of the subject parcel;
(d)
A description of all existing uses of the subject parcel;
(e)
A brief written statement generally describing the proposed forestry operation;
(f)
A United States Geological Survey Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
(g)
A forestry management plan that includes, as appropriate:
[1]
A cover page for the plan containing:
[a]
The name, mailing address and telephone number of the owner of the subject parcel;
[b]
The municipality and county in which the subject parcel is located;
[c]
The block and lot designation and street address, if any, of the subject parcel;
[d]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[e]
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
[2]
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
[3]
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[a]
The number of acres;
[b]
The general condition and quality of each stand;
[c]
The overall site quality, relative to the management goals and objectives identified in Subsection B(2)(g)[2] above;
[d]
An inventory and map of Pinelands native forest types with native forest types broken into stands, including information on type, size and volume by species;
[e]
The age of representative trees;
[f]
The species composition, including overstory, understory, ground layer structure and composition;
[g]
The stand cohort composition;
[h]
The percent cover;
[i]
The basal area;
[j]
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[k]
The condition and species composition of advanced regeneration when applicable;
[l]
A stocking table showing the stocking levels, growth rates and volume;
[m]
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;
[n]
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:
[i]
Stand improvement practices;
[ii]
Site preparation practices;
[iii]
Harvesting practices;
[iv]
Regeneration and reforestation practices;
[v]
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[vi]
Herbicide treatments;
[vii]
Silvicultural treatment alternatives;
[viii]
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[ix]
Implementation instructions; and
[x]
Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands; and
[o]
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
[4]
A map of the entire parcel which includes the following:
[a]
The owner's name, address and the date the map was prepared;
[b]
An arrow designating the north direction;
[c]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features such as roads, streams and structures;
[f]
The identification of soil types (a separate map may be used for this purpose);
[g]
A map inset showing the location of the parcel in relation to the local area;
[h]
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[i]
A legend defining the symbols appearing on the map;
(i)
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 110-36;
(j)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(9)(b) below;
(k)
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
(l)
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection C below;
(m)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
C.
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 12-18-2012 by Ord. No. 2012-09]
(1)
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;
(2)
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;
(3)
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic White Cedar in cedar and hardwood swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries, where practical;
(e)
Harvesting during dry periods or when the ground is frozen; and
(f)
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical;
(4)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 110-28E and 110-29A. The species accounts provided in the "Recommended Forestry Management Practices Report," Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(5)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;
(6)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 110-36;
(7)
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;
(8)
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
(9)
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
(a)
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
(b)
Herbicide treatments shall be permitted, provided that:
[1]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection B(2)(j) above;
[2]
Control of competitive plant species is clearly necessary;
[3]
Control of competitive plant species by other, nonchemical means is not practical;
[4]
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
[5]
In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;
(c)
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
(d)
Disking shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types;
[2]
Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:
[a]
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[b]
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted;
[3]
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[4]
It shall follow land contours when slopes are discernible;
(e)
Root raking shall be permitted, provided that:
[1]
It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;
[2]
When used to establish, restore or regenerate Atlantic White Cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3]
Root-raking debris shall not be piled in wetlands;
(f)
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
(g)
Drum chopping shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types except to create road shoulder fuelbreaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
[2]
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic White Cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[3]
It shall adhere to the following procedures:
[a]
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[b]
Drums shall remain unfilled when used during the dormant season;
[c]
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[d]
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[e]
Avoid short-radius, one-hundred-eighty-degree turns at the end of each straight pass;
(10)
The following standards shall apply to silvicultural practices for harvesting:
(a)
Clearcutting shall be permitted, provided that:
[1]
It shall not be permitted in pine plains native forest types;
[2]
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[3]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clearcut and the parcel boundaries;
[4]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clearcut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of 12 that harvest above 25, to a maximum of 300 feet in width;
[5]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
[6]
The area of the parcel subject to the clearcut shall have contoured edges unless the boundary of the clearcut serves as a firebreak in which case straight edges may be used;
(b)
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and
[5]
The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;
(c)
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[1]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[2]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[3]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clearcuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[4]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;
[5]
The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;
[6]
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[7]
Residual seed trees shall be distributed evenly throughout the parcel; and
(d)
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types;
(11)
The following standards shall apply to silvicultural practices for forest regeneration:
(a)
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection C(11)(b) below; and
(b)
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[1]
The use of nonnative cuttings, seedlings or seeds shall not be permitted;
[2]
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
[3]
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[4]
When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources;
(12)
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned;
(13)
Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity;
(14)
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(2)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(7)
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.
§ 110-31 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 particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers University.
B.
In Agricultural Production Districts and Special 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 which has been designated by any agency of federal, state, or local government as having substandard surface or groundwater, if the agricultural uses have been identified by the agency as likely to have caused the problem. 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.
Every agricultural operation in the municipality wherever located is hereby protected and exempt from all nuisance ordinances.
§ 110-32 Water quality.
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 section.
(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 or the United States.
B.
Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be developed and operated in the Township:
(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 6-4-1997 by Ord. No. 1997-5]
(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.
[Amended 6-4-1997 by Ord. No. 1997-5]
(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 user fees; and
[Amended 6-4-1997 by Ord. No. 1997-5]
(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 6-4-1997 by Ord. No. 1997-5]
(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 6-4-1997 by Ord. No. 1997-5]
(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 6-4-1997 by Ord. No. 1997-5]
(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 § 110-26J or 110-110;
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high-water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;
(g)
The technology has been approved for use by the New Jersey Department of Environmental Protection; 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:
[Amended 6-4-1999 by Ord. No. 1997-5]
(b)
If the proposed development is nonresidential, it is located:
[Amended 9-4-1997 by Ord. No. 1997-8; 12-4-2018 by Ord. No. 2018-13]
(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 § 110-26J or 110-110.
(6)
Surface water runoff, provided that the requirements of § 110-130 are met.
[Added 6-4-1999 by Ord. No. 1997-5; amended 3-7-2023 by Ord. No. 2023-4]
(7)
Alternate design pilot program treatment systems, provided that:
[Added 8-3-2004 by Ord. No. 2004-9]
(a)
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this subsection;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to §§ 110-26J or 110-110;
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high-water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
(g)
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
(h)
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
(i)
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be 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
[Amended 12-4-2018 by Ord. No. 2018-13]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(7)(i) above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 12-4-2018 by Ord. No. 2018-13[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection B(7)(1), which prohibited any alternate design pilot program treatment system from being installed after August 5, 2007, and which immediately followed this subsection.
C.
Individual wastewater treatment facility and petroleum tank maintenance.
(1)
The owner of every on-site septic wastewater treatment facility in the Township shall, as soon as suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the 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 Burlington County Health Department a sworn statement that the facility has been inspected, cleaned and is functional setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
D.
Prohibited chemicals and materials.
[Amended 6-4-1997 by Ord. No. 1997-5]
(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 Township unless necessary to protect an adjacent agricultural activity.
E.
Water management. Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. In areas served by central sewers, water-saving devices, such as water-saving toilets, showers and sink faucets, shall be installed in all new developments. Water shall not be exported from the Township except as otherwise provided in N.J.S.A. 58:1A-7.1.
§ 110-33 Scenic corridors.
A.
Defined. All public, paved roads and all navigable streams and all lakes and ponds in the Preservation Area, Infill District, Rural Development, and Forest Area Districts shall be considered scenic corridors, with the exception of road systems that are internal to a subdivision. The Mullica and Batso Rivers, as designated in N.J.A.C. 7:50-6.105, shall be considered as special scenic corridors.
B.
Special requirements for scenic corridors.
(1)
Except as otherwise provided in this section, 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 § 110-89 of this chapter so as to provide screening front 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 § 110-91 of this chapter so as to provide screening between the building and the corridor.
C.
Requirements for special scenic corridors. All structures within 1,000 feet of the center line of the Mullica or Batso Rivers shall be designed to avoid visual impacts as viewed from the river.
D.
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 section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
E.
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 § 110-91 of this chapter.
(3)
All electric utility transmission lines shall be located on existing towers or underground to the maximum extent practical.
§ 110-34 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 | Nonpine Barrens forest | |
Prescribed burned areas | ||
High | Pine Barrens forest including mature forms of pine, | |
pine-oak, and oak-pine | ||
Extreme | Immature or dwarf forms of pine-oak or oak-pine | |
All classes of pine-scrub oak and pine lowland |
B.
No development shall be carried out in the Township 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 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 fire 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 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.
(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.
§ 110-35 Recreation.
All development within the Township shall conform to N.J.A.C. 7:50-4.143(a) and 4.14-4(a)1-3, and to the following requirements: 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."
§ 110-36 Historic, archaeological and cultural resources.
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(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 governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.15-4 or any action which renders such a site inaccessible; and
(2)
Development not otherwise exempted front review pursuant to § 110-21A(1) of this chapter where a significant resource has been identified pursuant to Subsection E below.
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 Village Residential, Village Commercial II, Village Professional Office, Village Commercial and Village Industrial 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 projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 6-4-1997 by Ord. No. 1997-5; 9-4-1997 by Ord. No. 1997-8]
(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 of archaeological resources, within the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(2)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; or
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands; 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 which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
F.
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board, Zoning Board of Adjustment, and, upon its creation, the Joint Land Use Board.
[Amended 3-4-2008 by Ord. No. 2008-004]
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 6-4-1997 by Ord. No. 1997-5]
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 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).
§ 110-37 Waste management.
[Amended 6-4-1997 by Ord. No. 1997-5]
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 Pinelands area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Township in accordance with the standards set forth in N.J.A.C. 7:50-6.
§ 110-38 Air quality.
[Amended 6-4-1997 by Ord. No. 1997-5]
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:
(1)
Residential development of 50 or more units and any other development involving more than 100 parking spaces located in a Regional Growth Area District; and
(2)
Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other district.
§ 110-38.1 Solar and alternative energy.
[Added 12-2-2014 by Ord. No. 2014-6; amended 6-9-2015 by Ord. No. 2015-4]
A.
Purpose. Solar and alternative energy systems provide a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. In certain instances, energy generated from these systems can be used to off-set energy demand on the grid where excess solar power is generated. The intent of this section is to explicitly permit solar and alternative energy systems and related equipment, in appropriate areas and in appropriate manners, subject to regulations and conditions to ensure that such uses fit within the existing zoning districts and character of the municipality as developed.
B. GROUND-MOUNTED SOLAR ENERGY SYSTEM ROOF-MOUNTED SOLAR ENERGY SYSTEM SMALL WIND ENERGY SYSTEM SOLAR AND ALTERNATIVE ENERGY SYSTEMS WIND ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure.
A solar power system in which solar panels are mounted on top of the structure of a roof. Roof-mounted systems must be flush-mounted systems, no higher than 12 inches off the existing roofline and installed parallel to the existing roofline. In no instance shall any part of a roof-mounted solar system extend beyond the roof edge. The total height of the building including the solar collection devices shall comply with the height regulations of the zone.
A wind energy system, as defined herein, with a nameplate capacity of 100 kilowatts or less.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site through solar, wind or similar non-fossil-fuel source, which systems may be either principal or accessory subject to this section, and which may be ground-mounted or roof-top as set forth herein. Biomass of other such facilities are not alternative energy systems under this section and are not considered permitted principal, conditional or accessory uses.
A wind turbine and all associated equipment including base, blade, foundation, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component necessary to fully utilize the wind generator.
C.
Principal use: solar and alternative energy. Solar and alternative energy systems shall not be permitted as a principal use within the zoning districts of the Township of Shamong; however, ground-mounted solar energy systems shall be permitted as a conditionally permitted principal use in the RD-1 zoning district in accordance with the following conditions:
[Amended 7-2-2019 by Ord. No. 2019-8]
(1)
Any owner or operator shall be required to apply for site plan approval before the Land Development Board. A certificate of filing from the Pinelands Commission shall be required prior to approval or installation of any ground-mounted solar system that is not located on an existing structure or impervious surface.
(2)
Minimum lot size: 20 acres.
(3)
Minimum front yard: seventy-five-foot setback, but no closer to the front property line than the rear building line of the principal structure.
(4)
Minimum side yard: thirty-foot setback.
(5)
Minimum rear yard: fifty-foot setback.
(6)
Maximum height: 12 feet.
(7)
All ground-mounted solar systems shall be enclosed by fencing of at least six feet in height and incorporate into its site plan a landscaped buffer around the perimeter of the system where existing natural buffering does not already exist. The Land Development Board may require the applicant to add or expand upon its proposed buffering as deemed necessary.
(9)
The area of solar facility panels shall not count in the calculation of maximum lot coverage or maximum impervious, unless the area under or associated with the panels, including footings, consists of an impervious material.
(10)
All installations shall comply with stormwater and soil disturbance rules and regulations.
(12)
May occupy any previously disturbed portions of a parcel that have not subsequently been restored. The clearing of additional lands to accommodate a proposed energy facility may also be permitted, provided the percentage of cleared land on any parcel does not exceed 30%, taking into consideration both existing and proposed clearing; and
(13)
Shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, lands which have the highest ecological values in the pinelands area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare pinelands plant and animal populations.
D.
Accessory use: solar energy. Solar and alternative energy systems shall be permitted as an accessory use within the zoning districts of the Township of Shamong in accordance with the following:
(1)
Roof-mounted solar systems. Roof-mounted solar systems shall be permitted as an accessory use in all zoning districts within the Township, subject to the following conditions:
(a)
The installation shall be designed solely to provide energy to the principal use of the property, and not for commercial use such as the sale of energy back to the grid.
(b)
Any roof-mounted solar system shall be installed parallel to the existing roofline and shall extend no more than 12 inches above the roofline.
(c)
All visible frames and support structures shall be painted black or otherwise match the appearance of the roof to sufficiently minimize their visual appearance.
(d)
If the above conditions are met, the applicant shall be entitled to site plan waiver and may proceed directly to building permit. If the above conditions are not met, the applicant shall be required to apply to the Land Development Board for approval.
(e)
A certificate of filing from the Pinelands Commission shall not be required prior to the approval or installation of any roof-mounted solar energy system approved as an accessory use.
(2)
Ground-mounted solar systems. Ground-mounted solar systems shall be permitted as an accessory use in all zoning districts within the Township, subject to the following conditions:
[Amended 6-2-2020 by Ord. No. 2020-4]
(a)
Any nonresidential owner or operator shall be required to apply for site plan approval before the Land Development Board. A certificate of filing from the Pinelands Commission shall be required prior to approval or installation of any accessory ground-mounted solar system that is not located on an existing structure or impervious surface. Any residential owner shall not be required to apply to the Land Development Board unless a variance is needed from the following provisions. Nonresidential owners or operators must also meet these provisions or seek a variance from same.
(b)
Minimum lot size: one acre.
(c)
Minimum front yard: fifty-foot setback, but no closer to the front property line than the rear building line of the principal structure.
(d)
Minimum side yard: thirty-foot setback.
(e)
Minimum rear yard: fifty-foot setback.
(f)
Maximum height: 12 feet.
(g)
All ground-mounted solar systems shall provide a minimum fifteen-foot landscaped buffer around the perimeter of the system in accordance with the following standards:
[Amended 12-20-2023 by Ord. No. 2023-12]
[1]
On a residential property the landscape buffer is required along any side, rear or front property line where no existing vegetation is available to adequately screen the ground-mount solar array.
[2]
If in the determination of the zoning official the existing vegetation does not provide a year-round screen of the ground mount solar array then a staggered row of evergreen material shall be planted with a minimum planting separation of five feet on the staggered row.
[4]
Any evergreen tree planted shall be a minimum size of four feet in height at the time of planting.
[5]
All material shall remain for the duration of the life of the ground mount solar array. Any material that is dead or dying shall be replaced within 30 days of notification from the Township.
(h)
Tree removal shall be minimized and any removal shall be mitigated.
(i)
All bulk requirements of the applicable zone shall apply unless specifically set forth above.
(j)
The area of solar facility panels shall not count in the calculation of maximum lot coverage or maximum impervious, unless the area under or associated with the panels, including footings, consists of an impervious material.
(k)
All installations shall comply with stormwater and soil disturbance rules and regulations.
(l)
If the proposed facility exceeds a 1:5 ratio for the size of the facility to the size of the lot, or if the facility exceeds 10 acres in size, the facility shall be considered a principal use, and shall be goverened by principal use restrictions and conditions set forth elsewhere in this chapter.
E.
Agricultural uses. Solar energy systems shall be permitted as conditional uses on any commercial farm operation, as defined under the New Jersey Right to Farm Act,[1] provided that:
(1)
The commercial farm is not within the Infill "IR" District, the Preservation Area "P" District, the Special Agricultural "SA" District, or the Forest Area "FA" District.
(2)
The commercial farm must be generating energy for its own farming operation.
(3)
The commercial farm must own the solar energy system.
(4)
The commercial farm must abide by the regulations and management practices issued by the New Jersey State Agriculture Development Committee.
(5)
The operation of the solar energy system shall comply with the abandonment of use requirements under Subsection H below.
(6)
Public service infrastructure necessary to support the solar energy system is available or can be provided without any off-site development in the Preservation, Special Agricultural Production or Forest Districts.
(7)
The solar energy system, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from:
(8)
Should the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy system, clearing shall be limited to that which is necessary to accommodate the use in accordance with N.J.A.C. 7:50-6.23. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns.
(9)
Any solar energy system shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:
(a)
Removal of all facilities, structures, and equipment related to the solar energy system, including any subsurface wires and footings, from the parcel;
(b)
Restoration of the parcel in accordance with N.J.A.C. 7:50-6.24, unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development within that twelve-month period; and
(c)
Any other measures necessary to address ecological and visual impacts associated with the solar energy system, including the removal of off-site infrastructure and restoration of affected lands.
(10)
If the commercial farm is within the Agricultural Production Area "AG" District or the Agricultural - Commercial "AC" District, it shall also comply with the following:
(a)
Solar energy systems may occupy up to 20% of any parcel but in no case shall exceed 10 acres. Those parcels for which farmland assessment is sought pursuant to N.J.S.A. 54:4.23.1 et seq. shall also comply with the provisions of N.J.A.C. 18:15 related to farmland assessment eligibility, including occupied area restrictions that may be more limiting;
(b)
Solar energy systems shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible:
[1]
Soils classified as prime farmland by the United States Department of Agriculture, Natural Resources Conservation Service; and
[2]
Lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations; and
(11)
If the commercial farm is within the Rural Development Area 1 "RD-1," the Rural Development Area "RD-2," Rural Development Area "RD-3," Rural Development Area "RD-4," or the Rural Development Commercial "RDC" Districts, it shall also comply with the following:
(a)
Solar energy systems may occupy any previously disturbed portions of a parcel that have not subsequently been restored. The clearing of additional lands to accommodate a proposed solar energy system may also be permitted, provided the percentage of cleared land on any parcel does not exceed 30%, taking into consideration both existing and proposed clearing; and
(b)
Solar energy systems shall be located on a parcel in such a manner as to avoid, to the maximum extent feasible, lands which have the highest ecological values in the Pinelands Area, as evidenced by large, contiguous areas of forest, undisturbed drainage units, undisturbed wetlands or prime habitat for characteristic and rare Pinelands plant and animal populations.
[1]
Editor's Note: See N.J.S.A. 4:1C-1.
F.
Wind energy system: general requirements. All wind energy systems shall comply with the following:
(1)
Noise.
(a)
Between a residential use or zone, sound levels of the wind energy system shall not exceed 50 dBA at the closest neighboring, occupied structure.
(b)
In all other cases, at a common property line, sound levels of the wind energy system shall not exceed 65 dBA.
(c)
These levels may be exceeded during short-term events such as utility outages and/or severe windstorms.
(2)
Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the lower structure.
(3)
Wind energy systems shall not be artificially lighted, except to the extent required by the FAA or other applicable authority.
(4)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(5)
The tower shall be designed and installed so as not to provide step bolts, a ladder, or other publicly accessible means of climbing the tower, for a minimum height of eight feet above the ground.
(6)
All moving parts of wind energy systems shall be a minimum of 20 feet above ground level.
(7)
The blades of a wind energy system shall be constructed of a corrosive-resistant material.
(8)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system itself.
(9)
No wind energy system shall be painted with any type of paint that will reflect sunlight on or toward adjoining properties.
(10)
Maximum height of any wind energy system: 150 feet within the Regional Growth Commercial "RGC" District; and 35 feet within the Pinelands Village - Village Industrial "PVI" District.
(11)
A certificate of filing shall be obtained from the Pinelands Commission, prior to the approval or installation of any wind energy system approved as a principal use pursuant to this section.
G.
Accessory use: small wind energy system. Small wind energy systems shall be permitted as an accessory use in all zoning districts within the Township, provided they comply with all applicable standards set forth in the Pinelands Comprehensive Management Plan, including the minimum environmental standards set forth in Subchapter 6, and subject to the following requirements:
(1)
The installation shall be designed solely to provide energy to the principal use of the property, and not for commercial use such as the sale of energy back to the grid.
(2)
Any owner or operator shall be required to apply for site plan approval before the Land Development Board. A certificate of filing from the Pinelands Commission shall be required prior to approval or installation of any small wind energy system that is not accessory to a single-family dwelling.
(3)
Minimum lot size: one acre.
(4)
Minimum setbacks: All wind turbines shall be set back from all property lines a distance equal to 100% of the height of the structure including the blades. In addition, the minimum rear yard setback shall be at least 50 feet.
(5)
Wind turbines shall not be permitted in any front yard.
(6)
Maximum height. Freestanding wind turbines shall not exceed a height of 35 feet. The maximum height shall include the height of the blade at its highest point.
(7)
No more than one wind turbine shall be permitted per property.
(8)
Wind turbines shall not be permitted as rooftop installation.
(9)
Wind turbines on residential property shall have a name plate capacity of 100 kilowatts or less.
(10)
Tree removal shall be minimized and any removal shall be mitigated.
(11)
All installations shall comply with stormwater and soil disturbance rules and regulations.
(12)
All moving parts of the wind energy systems shall be a minimum of 20 feet above ground level. Blades on the wind energy system shall be constructed of a corrosive-resistant material.
(13)
All guy wires or any part of the wind energy system shall be located on the same lot as the energy system.
(14)
Wind energy systems shall not be painted with any type of paint that will reflect sunlight on or toward adjoining properties.
H.
Abandonment and removal: accessory use.
(1)
Accessory solar and alternative energy systems that are out of service for a continuous eighteen-month period will be deemed to have been abandoned.
(2)
The Planning Board may require as a condition of final site plan approval that a deed restriction be filed to mandate the removal of the accessory solar and alternative energy systems if said facility's operations have been discontinued for 18 months.
(3)
Upon abandonment, the zoning officer or designee may issue a notice of abandonment to the owner. The notice shall be sent via regular and certified mail, return receipt requested, to the owner of record.
(4)
The landowner shall have 30 days to respond with documentation to demonstrate that the system has not been abandoned. If such documentation is provided and is deemed acceptable to the zoning officer, then he or she may withdraw the notice.
(5)
Any abandoned system shall be removed at the owner's sole expense within six months after the owner receives the notice of abandonment from the municipality.
(6)
If removed by the owner, a demolition permit shall be obtained and the panels and/or any related materials shall be removed from the site and properly disposed. Upon removal, the site shall be cleaned, restored and revegetated to its prior condition.
(7)
If the system is not removed by the owner within six months of receipt of notice from the Township that the system has been abandoned and removal is required, the Township may remove the system. The cost incurred by the Township shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes. The placement of a lien as set forth above shall not preclude the Township from any other legal recourse it may have available to it.
I.
Safety.
(1)
All energy system installations installed pursuant to this section must be performed by a qualified installer.
(2)
Roof-mounted solar systems shall meet applicable building and fire code standards. Prior to operation, electrical connections and any other installations requiring permits shall be submitted to the Construction Official in accord with the normal permit process.
(3)
In the event of a system that generates energy for sale back to the grid, any connection to the public utility grid must be inspected by the appropriate public utility.
(4)
Systems shall be designed and located to avoid glare or reflection onto adjacent properties and adjacent roadways and shall not interfere with traffic or create a safety hazard.
(5)
All systems shall register with the Department of Emergency Services and shall submit a map noting the location of the solar collection devices and the panel disconnect.
(6)
All energy systems installed pursuant to this section shall be maintained in good working order.
(7)
If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting all applicable state requirements when in use and when no longer used shall be disposed of in accordance with the laws and normal business practices.
(8)
Unless otherwise more specifically set forth above, if a system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the system and associated equipment by no later than 90 days after the end of the twelve-month period.