Washington City Zoning Code
ARTICLE XI
Minimum Development Standards
§ 275-82 General.
A.
Applicability. All development within the municipality shall comply with the standards set forth in this article in addition to all other regulations and standards of this chapter. All standards established by this chapter, and those hereafter adopted by the municipality, shall govern the design, construction and installation of all buildings, structures, improvements and landscaping.
B.
Minimum standards.
(1)
The standards and regulations in this article are intended to be the minimum provisions necessary to achieve the purposes and objectives of both this chapter and the New Jersey Pinelands Comprehensive Management Plan.
(2)
The construction standards and required improvements are intended to protect and provide for the general health, safety and welfare of the municipality's residents and visitors.
C.
Adoption of other standards. The following standards, regulations and management programs are hereby adopted by reference and incorporated into the design and improvement standards of this article:
(1)
The current New Jersey Pinelands Comprehensive Management Plan, as amended and adopted by the Pinelands Commission.
(2)
The current New Jersey State Highway Standards for Road and Bridge Construction, including the Standard Construction Details, as published by the New Jersey Department of Transportation.
(3)
References. All references in this chapter to construction standards, regulations or management programs, unless otherwise indicated, refer to the provisions of Subsection C(1) or (2) above. If no specific reference is made to construction or design standards, it shall be assumed that the corresponding standards referenced in Subsection C(1) or (2) above shall apply.
D.
Conflicting standards. In the event of a conflict among the provisions of this chapter, the standards referenced in Subsection C or any other applicable standard or regulation, the stricter provision shall apply.
E.
Nonadopted standards. In the event that the municipality has not adopted standards for a specific type of design, construction or improvement, and the standards referenced in Subsection C do not cover that particular type of design, construction or improvement, then the generally accepted principals of planning or engineering set forth in accepted texts and construction manuals, and modified as necessary by the Municipal Engineer, shall apply.
F.
Waiver of standards. In certain instances, the general application of all of the standards or improvements required in this article may not be feasible, practical or appropriate, in which case the Planning and Zoning Board or Zoning Board of Adjustment may issue a waiver based upon findings of fact and recorded in the resolution of approval.
G.
Failure to comply. Failure by an applicant, subdivider, developer, contractor or agent to conform to these specifications and standards shall be just cause for suspension of work without right to claim damages from the municipality, its officers or agents for such stoppage.
§ 275-83 Adverse site conditions.
Fill areas. Whenever fill areas are encountered on site, the standards and conditions of this section shall apply in addition to all other applicable standards and conditions of this chapter.
A.
Proposed fill materials, depths, areas and subgrade information shall be shown on the plans.
B.
Additional soil information regarding bearing capacity and load settlement shall be provided where any building construction is proposed on fill areas or where any street improvements are proposed on fills exceeding four feet in depth. Compactive construction efforts, including lift heights, equipment to be used, equipment weight, number of passes and optimum moisture content shall also be listed on the submitted plans.
§ 275-84 Air quality standards.
[Amended 5-4-1989 by Ord. No. 1989-4]
A.
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
[Amended by Ord. No. 1997-2]
B.
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in any district 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.
§ 275-85 Energy conservation standards.
A.
Intent. It is the intent of this chapter to promote the conservation of energy by encouraging development that takes advantage of the southern orientation of buildings, utilizes building design and materials to save energy over the expected life of the building and employs landscaping to complement building design in taking advantage of solar energy.
B.
Development standards.
(1)
Southern orientation of buildings. New lots, streets and buildings shall be designed so that, to the maximum extent practical, all new buildings may be oriented with their longer building axis running within 22 1/2° of a true east-west direction.
(2)
Buildings. To the maximum extent practical, provisions shall be made to maximize winter solar access to buildings and to shade south and west walls and windows from the summer sun.
(3)
Landscaping. To the maximum extent practical, landscaping shall be designed and installed to maximize winter solar access to buildings, to shade south and west walls and windows from the summer sun and to protect the building from excessive exposure to the northwest wind. Consideration shall be given to the selection of tree species, the size, length and intensity of their shadows, the siting of new trees and removal of existing trees.
(4)
Solar easements and restrictive covenants. Solar access to principal buildings and landscaping improvements for solar energy may be protected by utilizing solar easements and restrictive deed convenants.
C.
Energy conservation plan. All commercial or industrial facilities greater than 15,000 square feet and all residential development greater than 25 dwelling units shall submit an energy conservation plan to the municipality with an application for development approval. The plan shall include the following items:
(1)
The extent to which the site design enables the maximum number of buildings to receive sufficient sunlight for using solar energy systems for space, water or industrial process heating or cooling.
(2)
The extent to which existing vegetation, topography and landscaping are utilized to maximize the potential use of solar energy systems for space, water or industrial process heating or cooling.
(3)
The extent to which the site design minimizes the impact on potential use of solar energy by adjacent buildings or properties.
(4)
The extent to which energy-efficient building techniques are used, including building openings, awnings, windows, color of roof and exterior surfaces, construction materials and insulation.
(5)
The extent to which energy-efficient lighting, heating and cooling techniques are employed for buildings.
§ 275-86 Fire hazard management standards.
A.
Intent. In order to protect the lives and property of the general public, special recognition is made of the threat posed by forest fires. To mitigate the dangers imposed upon lives and properties, all development shall conform to the requirements of this section.
B.
Fire hazard classifications.
[Amended 5-4-1989 by Ord. No. 1989-4]
(1)
The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:
[Amended 9-2-1993 by Ord. No. 1993-8]
Fire Hazard Classification | ||
|---|---|---|
Hazard | Vegetation Type | |
Low | Atlantic white cedar hardwood swamps | |
Moderate | Nonpine barrens forest, prescribed burned areas, tidal marsh and oldfield wildland areas | |
High | Pine barrens forest, including mature forms of pine, pine-oak or oak-pine | |
Extreme | Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland | |
(2)
In addition, the area forest fire hazard classifications assigned in the table titled "Forest Fire Fuel Hazard," on page 30 of the Washington Township Master Plan, and the map titled "Fuel Hazard and Tax Parcels - Washington Township" (NJ Forest Fire Service, June 2011), are hereby adopted as part of this section. These classifications are generalized, and in case of a controversy, site-specific classifications may be made in accordance with a site vegetation survey and the fire hazard classifications specified above. Such surveys shall consider both on-site forest fuel types as well as exposures to forest fuel hazards on adjacent lands.
[Amended 9-11-2012 by Ord. No. 2012-11]
C.
Fire hazard mitigation standards. No development shall be carried out in forested areas classified as moderate, high or extreme hazards under the wildlife Fire Hazard Classification table in Subsection B unless such development complies with the following standards:
(1)
All proposed developments, or units or sections thereof, of five dwelling units or more shall have two accessways of a width and improved surface sufficient to accommodate the safe passage and use by fire-fighting trucks and equipment.
[Amended 9-2-1993 by Ord. No. 1993-8]
(2)
All developments involving dwellings, businesses and recreational facilities that are set back more than 50 feet shall be served by an access lane or private street that is 15 feet wide, terminates in a manner which provides safe and efficient entry and turnaround for fire equipment and, if present, has bridges or culverts having a highway load limit of at least 10 tons.
[Amended 5-4-1989 by Ord. No. 1989-4; 9-2-1993 by Ord. No. 1993-8]
(3)
The rights-of-way of all public, private and woods roads shall be maintained so that they provide an effective fire break. This requirement shall not apply to unopened paper streets.
(4)
(5)
All structures shall meet the following requirements:
(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.
[Amended 5-4-1989 by Ord. No. 1989-4]
(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)
All openings in roofs, attics or floors shall be screened.
(d)
Chimneys and stovepipes designed as flues for solid or liquid fuels shall be equipped with screens over the outlets.
(e)
Flat roofs shall be prohibited in areas where vegetation is higher than the roof.
D.
Exceptions. Development review for access, driveways and fire management shall be made with the approval of the Municipal Fire Chief of the local Fire Department, or other certified fire officer or official as the alternate, as may be so designated from time to time by the governing body of the Township of Washington.
[Added 12-13-2016 by Ord. No. 2016-07A]
§ 275-87 Fish and wildlife standards.
A.
No development shall be carried out in the Pinelands area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Protection of wildlife habitat. All development shall be carried out in a manner which avoids disturbance to distinct fish and wildlife habitats essential for continued nesting, resting, breeding and feeding of significant populations of fish and wildlife.
§ 275-88 Floodplain standards.
A.
Submission standards. Each plan for development shall include the flood hazard zone designation found on the current Flood Insurance Rate Map.
B.
Additional information required for special flood hazard areas. If a development site is located in a special flood hazard area, being Zone A or Zone A6 as shown on the current Flood Insurance Rate Map, the following information shall be shown on the site plan or subdivision plat:
§ 275-89 Forestry management standards.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
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 7-10-2012 by Ord. No. 2012-07]
(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 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 USGS 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 § 275-68;
(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 § 275-89C below;
(m)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(n)
When prior approval for the forestry activities has been granted by the Zoning Officer or other city approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 275-105E(1).
C.
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 7-10-2012 by Ord. No. 2012-07]
(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 for the protection of threatened and endangered plants and animals set forth in §§ 275-87A and 275-95D. 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 herein;
(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 § 275-68;
(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 Zoning Officer 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, 180-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 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 non-native 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 or disapprove any application which does not meet the requirements of Subsection C. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to 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 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.
§ 275-90 Inspection.
A.
Stakes and grades. Prior to construction, all stakes and grades shall be set by a licensed land surveyor, and a set of the field notes shall be filed with the Municipal Engineer.
B.
Notification. Before work commences, the Municipal Engineer shall be notified, and under no circumstances shall underground work be backfilled or covered until inspected by the Municipal Engineer.
C.
Unacceptable work. If, during construction, a subdivider or developer fails to meet specified requirements or to correct unacceptable work, he or she shall be notified of such failure by certified mail, return receipt requested, with instructions for correcting the situation. If corrections have not been made within 10 days, the municipality shall serve the subdivider or developer with a notice of failure to comply, with a copy to the Planning and Zoning Board or Zoning Board of Adjustment, and work may be suspended.
§ 275-91 Recreation standards.
Recreational development shall conform to the following requirements:
A.
All recreational areas and facilities shall be designed in accordance with N.J.A.C. 7:50-6.143(a)2 and 7:50-6.144(a)1 through 3, and with the New Jersey Department of Environmental Protection's publication titled "Administrative Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities."
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Improved bicycling facilities shall be provided only in conjunction with paved roads.
§ 275-92 Roadway construction standards.
Roadway construction shall conform to the following requirements:
A.
Right-of-way planning.
(1)
The municipality shall take into consideration the officially adopted Master Plan and Official Map when reviewing and approving subdivision plats or site plans. Priority land planning consideration shall be given to officially adopted street rights-of-way, drainage rights-of-way, public school sites, public parks and playgrounds, scenic sites, historic sites and flood control facilities and areas.
(2)
Right-of-way planning shall provide for the appropriate extensions of existing streets and rights-of-way.
(3)
The right-of-way width on all streets shall be measured from lot line to lot line and shall not be less than the width listed below. A new street that is a continuation of an existing street shall be continued at a width equal to the existing street, although a greater width may be required in accordance with the following schedule:
Street or Road Classification | Right-of-Way Width (feet) | |
|---|---|---|
Arterial | 86 | |
Major collector | 86 | |
Minor collector | 66 to 86 | |
Local | 50 |
(4)
Subdivisions or site plans that adjoin or include existing streets not in conformance with the width requirements of the Master Plan, Official Map or Subsection A(3) shall dedicate additional right-of-way width along one side or both sides of said streets. If the development is along one side only, 1/2 of the required extra width shall be dedicated. If along both sides, the full extra width shall be dedicated. In lieu of dedication, and at the option of the Planning and Zoning Board or Zoning Board of Adjustment, the applicant may forego formal dedication, providing that all setback lines are measured from the right-of-way line proposed in the above-listed official documents, and further providing the applicant can make satisfactory arrangements for the maintenance of all privately owned properties within the limits of the proposed official right-of-way.
(5)
Streets having a right-of-way width of 50 feet shall have a cartway width of not less than 24 feet nor more than 30 feet, and streets having a right-of-way width of more than 50 feet shall have a cartway width of not less than 24 feet nor more than 60% of the right-of-way width.
(6)
The right-of-way width for internal roads and driveways in nonresidential, commercial or industrial developments shall be determined on an individual basis; however, said widths shall not be less than the following:
(7)
Local streets shall serve both major and minor subdivisions, and these streets shall be publicly owned, designed to discourage through traffic and to follow the existing topography as much as practical, and constructed with an all-weather base and pavement and provided with an adequate crown.
(8)
No residential service street may be connected directly to any arterial street other than by means of a collector street.
(9)
Dead-end streets and culs-de-sac shall not be longer than 1,500 feet in length. Culs-de-sac shall be provided with an unobstructed turning radius of at least 40 feet, the end of which shall be tangent, whenever possible, to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(10)
No street shall have a name which will duplicate, or so nearly duplicate as to be confused with, the names of any existing streets. The continuation of an existing street shall have the same name. All street names shall be approved by the municipality.
B.
Street layout and design standards.
(1)
No street shall have a grade of less than 0.3% nor greater than 8%. Minor streets intersecting major streets shall have grades not exceeding 2% within 100 feet of the major street's right-of-way line.
(2)
Street crowns shall generally range from four to six inches in height.
(3)
No more than two street center lines shall meet or intersect at any one point. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the right-of-way line for the intersected street.
(4)
Street intersections shall be as nearly at right angles as possible, and in no case shall such streets be at an angle of less than 75°.
(5)
Curblines at intersections shall be rounded with a radius of not less than 20 feet. The corresponding property lines behind the curblines shall be rounded with a radius of not less than 10 feet.
(6)
Street center lines intersecting another street center line from opposite sides shall not be offset into two "T" intersections unless the distance between the two intersecting center lines is at least 200 feet for a local street or minor collector and at least 800 feet for an arterial street or a major collector.
(7)
Street jogs with center line offsets of less than 100 feet shall be prohibited.
(8)
A tangent distance at least 100 feet in length shall be introduced between reverse curves on all streets.
(9)
Horizontal curves connecting street center lines shall have radii not less than the following:
Street Classification | Minimum Center Line Radius (feet) | |
|---|---|---|
Arterial | As per state or county design standards | |
Major collector | 300 | |
Minor collector | 300 | |
Local | 100 |
NOTES: In no case shall the center line curve radius be less than that required for the design speed of the particular street in question. |
(10)
In general, horizontal alignment of street center lines shall permit safe traffic conditions for both motorists and pedestrians, including the following minimum sight distances:
Street Classification | Minimum Sight Distance (feet) | |
|---|---|---|
Arterial | As per state or county design standards | |
Major collector | 500 | |
Minor collector | 350 | |
Local | 200 |
C.
Street improvement standards.
(1)
Where fill is required, the underlying ground surface shall be stripped of all brush and trees before filling is commenced. Unsuitable soils shall be removed. Backfill shall be a well-graded soil or a mixture of soil aggregates that are porous, free from excessive fines and free from organic materials that may settle or decay. The fill shall be formed in successive layers not exceeding one foot in depth, and each layer shall be compacted by construction equipment until it is firm and unyeilding before the next layer is placed. The finished subbase shall be thoroughly compacted and bound together, hard, smooth and even, free from defects and at the proper grade and cross-section.
(2)
In wet areas, the subbase shall consist of a minimum depth of six inches of quarry blend or a greater depth determined by the Municipal Engineer.
(3)
The gravel base course shall consist of six inches of compacted road aggregate, Type 2, Class A or B. Quarry blend may be substituted for road aggregate, providing it is at least six inches thick and providing that the Municipal Engineer has approved the gradation.
(4)
A two-inch thick bituminous stabilized base course shall be used as a temporary road surface until such time as further damage from heavy truck traffic and construction equipment is not expected. The stabilized base course shall be Mix No. I-1 or I-2.
(5)
A minimum surface course of 1 1/2 inches of bituminous concrete shall be applied to the stabilized base course when heavy truck traffic has ended. The surface course shall be Mix No. I-4, I-5 or I-6.
(6)
Road shoulders shall be constructed when requested by the municipality after consideration has been given to traffic volume, pedestrian volume, public safety and the demand for parking or stopping on the street. If required, road shoulders may be constructed of the following materials:
(a)
Bituminous concrete paving over a compacted road aggregate or quarry blend base.
(b)
Oil and stone surface treatment over a compacted road aggregate or quarry blend base. The oil and stone application shall comply with the municipality's road maintenance and repair specifications.
(c)
Quarry blend with an asphaltic binder.
(d)
Compacted road aggregate.
(7)
In general, streets shall be constructed with shoulders and natural drainage swales to promote stormwater infiltration. If required by the Planning and Zoning Board or Zoning Board of Adjustment, concrete curbs, gutters and sidewalks shall be constructed of Class B concrete and shall comply with the following standards:
(8)
Where bituminous concrete streets are constructed without concrete curbs, the outer two feet of the bituminous concrete surface course shall be increased to a minimum thickness of four inches without diminishing any other structural dimension.
(9)
Street signs may be required by the Planning and Zoning Board or Zoning Board of Adjustment. If required, the signs shall be of a type acceptable to the municipality. At least two street signs shall be installed at four-way intersections and one sign at "T" intersections.
(10)
Street lighting standards and fixtures of a type and number determined by the Planning and Zoning Board or Zoning Board of Adjustment may be required at street intersections, curves and other locations designated by the municipality.
D.
Block and lot development standards.
(1)
Block lengths and widths or acreage within bounding roads shall be designed to accommodate the size of the lot required in this chapter and shall provide convenient access, circulation control and safety of street traffic.
(2)
To the maximum extent practical, side lot lines shall be at right angles to the street right-of-way.
(3)
Each lot must front upon an accepted street complying with the minimum street widths set forth in this chapter.
(4)
Where extra width has been dedicated or otherwise provided for widening existing streets, or where additional right-of-way width is called for in the Master Plan or Official Map, all front yard setbacks shall be measured from the proposed right-of-way line.
(5)
When determining block and lot lines, consideration shall be given to preserving significant trees, watercourses, vantage points and other dominant natural features.
E.
Pedestrian circulation standards.
(1)
In blocks over 1,000 feet in length, pedestrian crosswalks may be required in locations deemed necessary by the Planning and Zoning Board or Zoning Board of Adjustment. Other locations may also be required in the vicinity of schools or areas where children congregate. Pedestrian crosswalks shall be 10 feet wide and shall be delineated according to New Jersey State Department of Transportation standards.
(2)
Concrete sidewalks may be required at the discretion of the Planning and Zoning Board or Zoning Board of Adjustment depending upon the probable volume of pedestrian traffic, the site's location in relation to populated areas and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide, providing that a greater width may be required by the Planning and Zoning Board or Zoning Board of Adjustment.
F.
Easements and dedicated rights-of-way.
(1)
Utility easements may be required along rear or side property lines. Such easements shall be at least 15 feet wide and located as required by the utility companies or the municipality. These easements shall be shown on final plats.
(2)
Where the Master Plan or Official Map delineates floodplains and other critical areas, appropriate easements shall be delineated on the final plat.
(3)
Sight triangles required by this chapter shall be delineated on the final plat.
§ 275-93 Scenic preservation standards.
A.
Scenic corridor designations. Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads and the Special Agricultural (SA) and Pinelands Preservation (PP) Districts are hereby designated scenic corridors.
[Amended 5-4-1989 by Ord. No. 1989-4]
B.
Scenic corridor standards.
(1)
Except as otherwise provided in this section, no permit for other than agricultural commercial establishments and roadside stands shall be issued for development along a scenic corridor unless all buildings are set back at least 50 feet from the center line of the scenic corridor. Any structure set back beyond 50 feet shall be served by a cleared and graded lane that is no longer than 500 feet, has a turnaround area at the structure with a radius of at least 50 feet, a turnout or passing area every 200 feet along the lane, and a maintained lane width of at least 16 feet with all limbs pruned to a minimum height of 12 feet. All bridges and culverts along the lane shall have a highway load limit of at least 10 tons. Septic tank locations and other soft areas should be delineated.
(2)
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 said motor vehicles are adequately screened from scenic corridors and any adjacent residential uses. All vehicles not in operating condition shall be stored only if their gasoline tanks have been drained. This subsection shall not apply to vehicles in operating condition and maintained for agricultural purposes.
(3)
New utility distribution lines and services to new locations shall be installed underground except for those lines or services serving active agricultural operations.
(4)
Aboveground utility facilities shall be screened from adjacent uses by buffer strips complying with the requirements and standards of § 275-95C of this article and the particular requirements of the zoning district.
(5)
To the maximum extent practical, electric transmission lines not installed underground shall be located on existing poles or towers.
C.
Special scenic corridor designations. The following rivers are hereby designated as special scenic corridors of significance to the Pinelands:
(1)
Mullica River — along the entire border of Washington Township.
(2)
Wading River — from the confluence with the Mullica River to the Route 563 crossing at Speedwell.
(3)
Oswego River — from the confluence with the Wading River to the Sim Place reservoir dam.
(4)
Batsto River — along the entire border of Washington Township.
D.
Special scenic corridor standards.
§ 275-94 (Reserved) [1]
§ 275-95 Vegetation standards.
[Amended 5-4-1989 by Ord. No. 1989-4; Ord. No. 1997-2]
A.
Clearing and vegetation removal.
(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:
B.
Landscaping plans.
(1)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(2) below.
(2)
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 B(1) above or required pursuant to Articles VIII and IX 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.
(e)
Landscaping shall be designed to complement and accentuate buildings on site.
(f)
A landscaping schedule shall accompany the landscaping plan and shall contain plant species, legend, size and ball and planting notes.
(g)
Landscaping reference. Plant materials, designations, standards, specifications, caliper and height measurements and ball size shall comply with the American Standard for Nursery Stock, ANSI Z60, 1-1973.
(3)
All plants not surviving one year after planting shall be replaced.
C.
Buffer strips. Buffer strips, as required for site improvements in this chapter, shall consist of a combination of fencing, landscaping and open space designed to present an all-season visual barrier between the site in question and its neighboring properties. Landscaping plants shall consist of those shrubs and trees authorized by N.J.A.C. 7:50-6.25, subject to the exceptions of Subsection B(2)(d). At the time of planting, trees shall be at least 1 1/2 inch caliper and shrubs shall be at least four feet high. Landscaping shall be planted in double alternating rows no more than eight feet on center in each row, and smaller shrubs may be incorporated among the screening plants.
D.
Threatened or endangered plant species. 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 designated in N.J.A.C. 7:50-6.27.
§ 275-96 Wastewater management standards.
A.
General.
(1)
Policy:
(a)
All development shall be designed and carried out to protect and maintain the quality of both surface water and groundwater. Agricultural use shall not be considered development for purposes of this section.
(b)
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.
[Amended 5-4-1989 by Ord. No. 1989-4]
(2)
General standards. Individual wastewater disposal systems shall be installed in accordance with the requirements of the State Department of Health, County Board of Health and the water quality standards of the Pinelands Commission and Department of Environmental Protection.
B.
Permitted wastewater disposal systems and standards. The following point and nonpoint sources may be developed and operated in the municipality:
[Amended 5-4-1989 by Ord. No. 1989-4]
(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 (5) below, provided that:
[Amended by Ord. No. 1997-2]
(a)
There will be no direct discharge into any surface water body;
(b)
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;
(c)
All public wastewater treatment facilities are designed to accept and treat septage; and
(d)
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(2)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:
(a)
There will be no direct discharge into any surface water body;
(b)
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;
(c)
Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
[Amended by Ord. No. 1997-2]
(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 by Ord. No. 1997-2]
(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 by Ord. No. 1997-2]
(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 by Ord. No. 1997-2]
(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 § 275-73;
(c)
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at least five feet;
(e)
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
(f)
The system will be maintained and inspected in accordance with the requirements of Subsection C;
(g)
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
(h)
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(5)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Added by Ord. No. 1997-2]
(b)
If the proposed development is nonresidential, it is located in the PV-R, PV-NB or PV-I Zones; and
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 275-73.
(6)
Alternate design pilot program treatment systems, provided that:
[Added 7-8-2003 by Ord. No. 2003-03]
(a)
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(6)(c) below. The entire contiguous parcel may include any contiguous 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 § 275-73;
(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 cancelled 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 11-5-2018 by Ord. No. 2018-05]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(6)(i), above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.[1]
[Amended 11-5-2018 by Ord. No. 2018-05]
[1]
Editor's Note: Former Subsection B(6)(l), regarding installation dates, which immediately followed, was repealed 11-5-2018 by Ord. No. 2018-05.
C.
Operation and maintenance.
(1)
On-site wastewater treatment systems. The owner of every on-site wastewater treatment system shall, as soon as a suitable septage disposal facility capacity is available:
[Amended 5-4-1989 by Ord. No. 1989-4]
(a)
Have the system inspected by a technician at least once every three years.
(b)
Have the system cleaned at least once every three years.
(c)
At least once every three years, certify that the system has been inspected, cleaned and is functional and shall forward a sworn statement of this occurrence to the Municipal Board of Health.
(2)
Septic tank cleaners. The use of septic tank cleaners and disposal bed oxidants is prohibited due to their questionable value and their potential for polluting the groundwater.
D.
Nonpoint wastewater disposal standards.
(1)
Waste oil. Applications of waste or slop oil to roads and land surfaces is prohibited.
(2)
Deicing chemicals. Storage facilities for deicing chemicals shall be lined to prevent infiltration into the soil, and stockpiles shall be covered with an impermeable surface to shield the chemicals from precipitation.
(3)
Herbicides. Herbicides shall not be applied to any road or public utility right-of-way unless necessary to protect an adjacent agricultural activity.
(4)
Hazardous wastes. No hazardous, toxic, chemical, petroleum (including oil spill pollutants), septic or nuclear waste shall be stored, discharged or disposed of on any land within the municipality. Liquid or dewatered sludge may only be applied as part of a land application program for agricultural purposes when also approved by the New Jersey Department of Environmental Protection.
[Amended 5-4-1989 by Ord. No. 1989-4]
§ 275-97 Water supply standards.
A.
General.
(1)
Policy:
(a)
Potable water wells shall be drilled and cased to a depth of at least 100 feet or the full depth of the well, whichever is less, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be drilled and cased to a depth of at least 50 feet or the full depth of the well, whichever is less.
(b)
Water shall not be exported from the municipality except by natural surface water and groundwater flow entirely unaided and uninhibited by man-made devices. Nothing in this subsection shall be interpreted to prohibit the storage and control of surface or subsurface water for agricultural establishments within the municipality, providing that no water is exported from the municipality.
[Amended 5-4-1989 by Ord. No. 1989-4]
(2)
General standards. Individual water supply systems shall be installed in accordance with the requirements of the State Department of Health, County Board of Health and the water quality standards of the Pinelands Commission and Department of Environmental Protection.
B.
Water management.
[Added 6-11-2024 by Ord. No. 2024-05]
(1)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(2)
A diversion within Washington Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsection B(2)(a) and (b) below, or outside of either basin, shall be prohibited.
(a)
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
(b)
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(3)
A diversion within Washington Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection B(2)(a) and (b) above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection B(4) below.
(4)
Within Washington 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 be prohibited unless it meets the criteria of Subsection B(4)(a) below. "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.
(a)
A proposed diversion shall only be permitted if it is:
[1]
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
[2]
Any proposed diversion that is exclusively for agricultural or horticultural use; or
[3]
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or water body or otherwise results in off-site flow, and the diversion and return are located on the same parcel.
§ 275-98 Wetlands standards.
A.
General.
(2)
Classification:
(a)
Coastal wetlands. Coastal wetlands are banks, low-lying marshes, swamps, meadows, flats and other lowlands subject to tidal inundation which support or are capable of supporting any or all of the plants listed in N.J.A.C. 7:50-6.4. Coastal wetlands include those lands delineated by the wetlands maps of the New Jersey Department of Environmental Protection.
(b)
Inland wetlands. Inland wetlands include, but are not limited to, Atlantic white cedar swamps, hardwood swamps, pitch pine lowlands, bogs and inland marshes which are dominated by or support the hydrophytic plants listed in N.J.A.C. 7:50-6.5, and lakes, ponds, rivers and streams.
(3)
Prohibited development:
(a)
Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized by this chapter.
[Amended 9-2-1993 by Ord. No. 1993-8]
(b)
No development, excepting that which is specifically authorized by this chapter, shall be carried out within 300 feet of any wetlands unless the applicant has demonstrated that the proposed development will not result in any significant adverse impacts upon the wetlands as further described in Subsection C(2).
B.
Permitted uses. No development shall be permitted in any wetlands except for the following:
(3)
Beekeeping.
(4)
Forestry subject to the requirements of N.J.A.C. 7:50-6.41 through 7:50-6.48.
[Amended 7-10-2012 by Ord. No. 2012-07]
(5)
Fish and wildlife management and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 7-10-2012 by Ord. No. 2012-07]
(6)
Low intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming, and other low intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetlands as set forth in Subsection C, and provided that such development is in compliance with all other provisions of this section.
[Amended 5-4-1989 by Ord. No. 1989-4]
(8)
Commercial or public docks, piers, moorings, bulkheads and boat launches, providing that:
(9)
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
[Added 5-4-1989 by Ord. No. 1989-4; amended 9-2-1993 by Ord. No. 1993-8]
(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 wetlands; 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.
C.
Wetlands performance standards.
(2)
A significant adverse impact shall be deemed to exist when it is found that one or more of the following modifications of a wetlands area will have an irreversible effect on the ecological integrity of the wetlands and its biotic components, including, but not limited to, threatened or endangered species of plants or animals.
[Amended 5-4-1989 by Ord. No. 1989-4]
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal seasonal flow patterns in the wetlands.
(c)
An alteration of the water table in the wetlands.
(d)
An increase in erosion resulting in increased sedimentation in the wetlands.
(e)
A change in the natural chemical or physical characteristics of either surface waters or groundwaters in the wetlands.
(f)
A loss of wetlands habitat.
(g)
A reduction in wetlands habitat diversity.
(h)
A change in wetlands species composition.
(i)
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.