Upper Township City Zoning Code
§ 20-5.14
Pinelands Area Development Standards.
[Ord. #006-2002, § 2; Ord. #001-2004, § 3; Ord. #015-2006, § 2; amended 6-24-2024 by Ord. No. 009-2024]
a.
General. No development in the Pinelands Area shall be carried out by any person unless it is in conformance with each of the standards set forth in this subsection.
b.
Wetlands.
1.
Uses. No development in the Pinelands Area shall be permitted in a wetland or wetlands transition area except for the following uses:
(a)
Horticulture of native Pinelands species;
(b)
Berry agriculture;
(c)
Beekeeping;
(d)
Forestry;
(e)
Fish and wildlife management consistent with State and Federal regulations;
(f)
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection b2 below.
(g)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection b2 below; and
(h)
Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:
(1)
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;
(2)
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(3)
The use represents a need which overrides the importance of protecting the wetland;
(4)
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(5)
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.
(i)
Commercial or public docks, piers, moorings and boat launches shall be permitted provided that:
2.
Performance Standards. No development in the Pinelands Area other than those uses specified in Subsection b1(a)-(d) shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components including, but not limited to, threatened or endangered species of plants or animals in one or more of the following ways:
(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.
Determinations under the above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
c.
Vegetation and Landscaping.
1.
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.
2.
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
3.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection c4 below.
4.
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 c3 above or required pursuant to Chapter 19, Subsection 19-6.5c, shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
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;
(c)
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
(d)
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:
(1)
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;
(2)
For limited ornamental purposes around buildings and other structures; or
(3)
When limited use of other shrubs or tree species is required for proper screening or buffering.
5.
Development Prohibited in the Vicinity of Threatened or Endangered Plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
d.
Fish and Wildlife.
1.
No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animals designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
2.
Protection of Wildlife Habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
e.
Forestry.
1.
Permit Required. No forestry in the Pinelands Area of the Township 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:
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
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;
(c)
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;
(d)
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
(e)
Prescribed burning and the clearing and maintaining of fire breaks.
2.
Forestry Application Requirements. The information in paragraphs e2(a), (b) or (c) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
(a)
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 Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b)
For forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:
(1)
A copy of the woodland management plan, the scaled map of the parcel and a completed woodland data form, prepared pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7 through 2.15;
(2)
If not already contained in the woodland management plan required in Subsection 2(a) above, the following shall be submitted:
(i)
The applicant's name, address and interest in the subject parcel;
(ii)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(iii)
The block and lot designation and street address, if any, of the subject parcel;
(iv)
A brief written statement generally describing the proposed forestry activities; and
(v)
The relevant portion of a USGS Quadrangle map, or copy thereof, and a copy of the relevant portion of the municipal tax map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.
(3)
A scaled map or statement indicating how the standards set forth in paragraphs e3(b), (c), (d), (f), (i) and (j) below will be met;
(4)
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in subsections 20-5.14c5 and 20-5.14d1;
(5)
Unless the Pinelands Commission determines that it is unnecessary, 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 Subsection 20-5.14,1;
(6)
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 e3(h) below;
(7)
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;
(8)
A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455;
(9)
A letter from the New Jersey State Forester commenting on extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in paragraphs e3(i) and (j) below;
(10)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(c)
For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:
(1)
The information required in paragraphs e2(b)(2) through (11) above; and
(2)
A forestry activity plan which includes, as appropriate:
(i)
A cover page for the forestry activity plan containing:
[1]
The name, mailing address and telephone number of the owner of the subject parcel;
[2]
The municipality and County in which the subject parcel is located;
[3]
The block and lot designation and street address, if any, of the subject parcel;
[4]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[5]
The date the plan was prepared and the period of time the plan is intended to cover.
(ii)
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, silvicultural prescriptions and management practices;
(iii)
A description of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:
[1]
The number of acres;
[2]
The species composition, including overstory and understory;
[3]
The general condition and quality;
[4]
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[5]
The overall site quality;
[6]
The condition and species composition of advanced regeneration when applicable; and
[7]
The stocking levels, growth rates and volume.
(iv)
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period. These may include, but are not necessarily limited to, a description of:
(vi)
A property map of the entire parcel which includes the following:
[1]
The owner's name, address and the date the map was prepared;
[2]
An arrow designating the north direction;
[3]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[4]
The location of all property lines;
[5]
A delineation of the physical features such as roads, streams and structures;
[6]
The identification of soil types (a separate map may be used for this purpose);
[7]
A map inset showing the location of the parcel in relation to the local area;
[8]
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
[9]
A legend defining the symbols appearing on the map.
3.
Forestry Standards. Forestry operations shall be approved if the standards set forth below will be met:
(a)
All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection e2(b)(8) above shall serve as evidence that this standard is met;
(b)
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;
(c)
All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where nonnative species are proposed to be harvested;
(d)
The following actions shall be required to encourage the reforestation of Atlantic White Cedar in cedar and hardwood swamps:
(1)
Clearcutting cedar and managing slash;
(2)
Controlling competition by other plant species;
(3)
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
(4)
Utilizing existing streams as cutting boundaries, where practical;
(5)
Harvesting during dry periods or when the ground is frozen; and
(6)
Utilizing the least intrusive harvesting techniques, including the use of winches and corduroy roads, where practical.
(f)
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;
(g)
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 Subsection 20-5.141;
(h)
Herbicide treatments shall be permitted, provided that:
(1)
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection e2(b)(6) above;
(2)
Control of competitive plant species is clearly necessary;
(3)
Control of competitive plant species by other, nonchemical means is not feasible; and
(4)
All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant State and Federal requirements;
(i)
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 or reestablished. 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. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met;
(j)
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: minimum changes to surface and ground water hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met; and
(k)
A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.
4.
Forestry Permit Procedures.
(a)
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(b)
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.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection e4(b) 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 e3 above or disapprove any application which does not meet the requirements of Subsection e3 above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection e4(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection e3 above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection e4(c) above.
(e)
Failure of the Zoning Officer to act within the time period prescribed in paragraphs e4(c) and (d) 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.
(g)
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.
5.
Administrative Fees. Upon the issuance of a forestry permit pursuant to Subsection e4(c) 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.
6.
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.
f.
Recommended Management Practices for Agriculture. 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.
g.
Waste Management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
h.
Water Quality.
1.
General.
(a)
All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this paragraph.
(b)
Except as specifically authorized in this subsection, no development which degrades surface and ground water quality or which establishes new point sources of pollution shall be permitted.
(c)
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.
2.
The following point and nonpoint sources may be developed and operated in the Pinelands:
(a)
Development of new or expansion of existing commercial, industrial, and waste water treatment facilities or the development of new or the expansion of existing non-point sources, except those specifically regulated in Subsection 2,(b) through (f) below, provided that:
(1)
There will be no direct discharge into any surface water body;
(2)
All discharges from the facility or use are of a quality and quantity such that ground water exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;
(3)
All public waste water treatment facilities are designed to accept and treat septage; and
(4)
All storage facilities, including ponds or lagoons, are lined to prevent leakage into ground water.
(b)
Development of new waste water treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site waste water treatment system where a public health problem has been identified may be exempted from the standards of Subsection h2(a)(2) above provided that:
(1)
There will be no direct discharge into any surface water body;
(2)
The facility is designed only to accommodate waste water from existing residential, commercial, and industrial development;
(3)
Adherence to Subsection h2(a)(2) 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
(4)
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 ground water exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
(c)
Improvements to existing commercial, industrial, and waste water treatment facilities which discharge directly into surface waters provided that:
(1)
There is no practical alternative available that would adhere to the standards of N.J.A.C. 7:50-6.84(a)1i;
(2)
There is no increase in the existing approved capacity of the facility; and
(3)
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.
(d)
Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
(1)
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
(2)
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 ground water 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 h2(d)(3) 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 Subsection 20-6.7 or N.J.A.C. 7:50-5.47;
(3)
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;
(4)
The depth to seasonal high water table is at least five feet;
(5)
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;
(6)
The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;
(7)
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
(8)
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.
(e)
Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
(1)
The standards set forth in paragraphs (d)(1) and (d)(3) through (8) above are met;
(2)
If the proposed development is nonresidential and located outside of a Pinelands Town or Pinelands Village management area, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
[Amended 2-25-2019 by Ord. No. 001-2019]
(3)
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 ground water 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 h2(d)(3) 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 Subsection 20-6.7 or N.J.A.C. 7:50-5.47.
(g)
Alternate design pilot program treatment systems, provided that:
(1)
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this subsection;
(2)
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 ground water 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 h2(g)(3) 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 Subsection 20-6.7 of this chapter or N.J.A.C. 7:50-5.47;
(3)
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;
(4)
The depth to seasonal high water table is at least five feet;
(5)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrated an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(6)
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;
(7)
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
(8)
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;
(9)
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;
(10)
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 cancelled and is renewable and which includes provisions 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 observation made at any other time; and
[Amended 2-25-2019 by Ord. No. 001-2019]
(11)
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 h2(g)(9) 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 2-25-2019 by Ord. No. 001-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection h2(g)(12), which prohibited the installation of systems after August 5, 2007.
3.
Individual Wastewater Treatment Facility and Petroleum Tank Maintenance.
(a)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 32-6 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:
(1)
Have the facility inspected by a technician at least once every three years;
(2)
Have the facility cleaned at least once every three years;
(3)
Once every three years submit to the local Board of Health a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
(b)
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.
4.
Prohibited Chemicals and Materials.
(b)
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.
(c)
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
5.
Water management.
(a)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(b)
A diversion within the Pinelands Area portion of Upper Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at paragraph (1) and (2) below, or outside of either basin, shall be prohibited.
(1)
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
(2)
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(c)
A diversion within the Pinelands Area portion of Upper Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at paragraph (b)(1) and (2) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at paragraph (d) below.
(d)
Within the Pinelands Area portion of Upper Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at paragraph (d)(3) through (6) below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
(1)
When evaluating whether the proposed diversion meets the criteria set forth at paragraph (d)(3) through (6) below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.
(2)
The standards set forth at paragraph (d)(3) through (6) below shall not apply to:
(i)
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
(ii)
Any proposed diversion that is exclusively for agricultural or horticultural use; or
(iii)
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in offsite flow, and the diversion and return are located on the same parcel.
(3)
A proposed diversion shall be permitted only in the following Pinelands Management Areas: Pinelands Town; Rural Development Area; and the Pinelands Villages of Petersburg and Tuckahoe.
(4)
A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
(5)
A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
(6)
An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.
i.
Scenic.
1.
Setbacks and Screening Requirements for Scenic Corridors. No development shall be located within 200 feet of the centerline of a public paved road except for those roads which provide for internal circulation within residentially developed areas, and lakes in the Pinelands Area, unless environmental or other physical considerations make it impractical to do so, provided however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor except in a cleared agricultural area.
2.
Notwithstanding the provisions of Subsection i1 above, all structures within 1,000 feet of the centerline of the Tuckahoe River within the Pinelands Area shall be designed to avoid visual impacts as viewed from the river.
3.
Screening and Storage of Motor Vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors with a six-foot high solid fence. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. These provisions shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes nor for service stations which are proposed for use pursuant to Subsection 20-6.4 of this chapter.
4.
Location of Utilities.
(a)
New utility distribution lines and telephone lines to locations not served by such utilities as of the date of this chapter shall be placed underground, except for those lines which are located on or immediately adjacent to active agricultural operations.
(b)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
j.
Fire Management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in Subsection 20-2.2 of this chapter unless such development complies with the following standards:
1.
All dead-end roads will terminate in an area which provides safe and efficient entry and exit for fire equipment;
2.
The rights-of-way of all roads will be maintained so that they provide an effective fire break;
3.
4.
All residential development of 100 dwelling units or more in high or extremely high hazard areas will have a 200-foot perimeter fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees, 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.
5.
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)
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;
(d)
Flat roofs are prohibited in areas where vegetation is higher than the roof.
6.
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.
k.
Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3 and with the New Jersey Department of Environmental Protection's publication "Administration Guidelines: Barrier Free Design Standard for Parks and Recreational Facilities".
l.
Historic Archaeological and Cultural Resources.
1.
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 Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection 5(b) below.
2.
Authority to issue certificates of appropriateness.
3.
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
4.
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
5.
A cultural resource survey shall accompany all applications for development in the PV, RPPV and TV Zones and in that portion of the CM Zone located in a Pinelands Village 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.
(a)
This requirement for a survey may be waived by the local approval agency if:
(1)
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(2)
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
(b)
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:
(1)
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
(2)
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
(3)
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
(4)
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.
6.
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
7.
The effect of the issuance of a certificate of appropriateness is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection (b) below.
(b)
A Certificate of Appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection 1,5 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 Township Committee 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.
8.
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:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and
(d)
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.
9.
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 C.F.R. 66).
m.
Resource Extraction. Resource extraction operations in the Pinelands shall comply with Subsection 19-7.15 of the Township Code.
n.
Energy Conservation. All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy conserving building materials.
o.
Air Quality.
1.
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 paragraph 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.
2.
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in any Pinelands Area shall ensure that all State ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors.
p.
Pinelands Development Credits. Pinelands Development Credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
1.
Pinelands Development Credits may be used in the Township in the following circumstances:
(a)
When a variance for cultural housing is granted by the Township in accordance with Subsection 20-6.6b of this chapter;
(b)
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the PV Zone, the RPPV Zone, in that portion of the TV Zone located in the Pinelands Area or in that portion of the CM Zone located in a Pinelands Village 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.
(c)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
2.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands Development Credits are either allocated or used in the Township.
q.
Height.
1.
The height limitations set forth in this chapter shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
2.
The height limitations set forth in this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.