Waterford City Zoning Code
ARTICLE II
Administration; Enforcement; Certificates and Permits; Violations and Penalties
§ 176-10 Administration.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Waterford. Any action taken by the Township under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire municipality.
A.
Amendments. In amending this chapter, the Master Plan, or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.
B.
Conflicting provisions. The standards and regulations in this chapter are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter, the Pinelands Protection Act and Chapter 21 of the New Jersey Administrative Code (Residential Site Improvement Standards). In the event of a conflict between any provisions, the stricter provision shall apply.
C.
Interpretation of regulations. In accordance with N.J.S.A. 40:55D-70, the Planning Board shall hear and decide requests for interpretation of the Zoning Map or this chapter.
D.
Repealer. All sections of any other ordinance of the Township that contain provisions contrary to the provisions of this chapter shall be and are, to the extent of such inconsistency, repealed.
E.
Effective date. This chapter shall take effect upon its final passage and publication according to law.
§ 176-11 Enforcement.
It shall be the duty of the Township Engineer, Construction Official and Zoning Official to administer and enforce the provisions of this chapter.
A.
Township Engineer.
(1)
The Township Engineer shall monitor all land disturbances and improvements undertaken in the Township pursuant to approval of a subdivision and/or site plan in accordance with the applicable provisions of this chapter.
(2)
Prior to the commencement of any land disturbance or improvement, the developer shall arrange for and attend a preconstruction meeting with the Township Engineer. At said meeting, the subject subdivision plat and/or site plan shall be identified, marked and dated by the Township Engineer with an acknowledgement of its conformity to the approval granted by the Planning Board, including any conditions written in the approval resolution. The marked and dated subdivision and/or site plan shall be filed in the office of the Zoning Official.
(3)
Written communication.
(a)
The Township Engineer shall issue a written communication to the developer within 10 days after the preconstruction meeting, either:
[1]
Authorizing the commencement of land disturbance and/or improvement in accordance with the approved plat or plan, including any conditions written in the approval resolution, and in accordance with any and all limitations and/or conditions as deemed appropriate by the Township Engineer specifically enumerated; or
[2]
Denying the commencement of land disturbance and/or improvement, with the reasons for such denial specifically enumerated.
(b)
A copy of the written communication shall be filed in the office of the Construction Official, and a copy shall be forwarded to the Planning Board.
(4)
In accordance with § 176-25, the Township Engineer shall inspect all improvements for site plans and subdivisions during the time of their installation. At the time of inspection, in addition to evaluation and determination of the sufficiency of the engineering aspects of the improvements, the Township Engineer shall evaluate and determine the correctness of the improvements relative to all aspects of the approved subdivision and/or site plan. Should any improvement, whether completed or under construction, be found by the Township Engineer to be contrary to Township Board approval, including any imposed conditions, such fact shall be orally communicated to the developer or appropriate representative on site. The Township Engineer shall also communicate such fact, in writing, to the developer and his attorney. A copy of the written communication shall be filed in the office of the Construction Official, and a copy shall be forwarded to the Planning Board.
(5)
On the day following the oral communication from the Township Engineer stating the improvement found to be contrary to the subdivision and/or site plan, the developer shall correct the specific improvement to conform to the approval for the project or the Township Engineer shall:
(a)
Direct the Construction Official to issue a stop-work order pending the correction of said improvement or the resolution of any dispute; and/or
(b)
Refer the matter, in writing, to the Planning Board for review and reconsideration of the prior approval.
(6)
The developer shall immediately comply with any issued stop-work order and/or any other conditions imposed by the Township Engineer; otherwise the Township Engineer shall communicate, in writing within two working days, the particulars of the developer's noncompliance to the attorney of the Planning Board.
B.
Construction Official.
(1)
The Construction Official shall monitor the construction of any building or structure in the Township. No new structure, and no improvement to the interior of any existing structure shall be undertaken until a construction permit is obtained from the Construction Official in accordance with N.J.A.C. 5:23-2.14 and § 176-11B(1) through (6).
(2)
In accordance with N.J.A.C. 5:23-4.5, the Construction Official shall keep a record of all applications and construction permits that are either issued or denied, with notations of any conditions involved, including the actual elevation (NGVD) of the lowest floor area of any structure and/or the elevation to which a structure has been floodproofed in floodplain areas, which data shall form a part of the Township public records. A monthly report of all construction permits shall be filed with the Township Administrator and continuous reports of construction permits shall be filed with the Tax Assessor.
(3)
Should any construction, whether completed or in process, be found by the Construction Official to be contrary to the approved construction plans and/or the Uniform Construction Code of the State of New Jersey, such fact shall immediately be noticed to the landowner or his appropriate representative on site. The Construction Official shall issue, to the landowner or his attorney, a written notice of violation and orders to terminate, directing the discontinuance of the illegal action or condition and the correction of the violation pursuant to N.J.A.C. 5:23-2.30.
(4)
The improvement found by the Construction Official to be contrary to the approved construction plans and/or the Uniform Construction Code shall be immediately corrected to conform to the applicable construction requirements, or the Construction Official shall, pursuant to N.J.A.C. 5:23-2.31:
(a)
Issue a stop-construction order pending the correction of said construction or the resolution of any disputes; and/or
(b)
Assess a monetary penalty.
(5)
The landowner shall immediately comply with any issued stop-construction order and/or any other conditions imposed by the Construction Official; otherwise the Construction Official may communicate, in writing, the particulars of the landowner's noncompliance to the Township Attorney pursuant to N.J.A.C. 5:23-2.31.
C.
Zoning Official.
(1)
It shall be the duty of the Zoning Official to inspect the uses, land and structures in the Township and order the owner, in writing, to remedy any condition found to exist in violation of any provision of this chapter and/or any approved subdivision and/or site plan by the Planning Board, including any conditions of approval written in the approval resolution. No structure or land shall be used in violation of this chapter and/or any approved subdivision and/or site plan.
(2)
Should any use, land or structure be found by the Zoning Official to exist in violation of any provision of this chapter and/or any approved subdivision and/or site plan, such fact shall be communicated, in writing, to the landowner. If the violation involves any approved subdivision and/or site plan, a copy of the written communication shall be forwarded to the attorney for the Planning Board.
(3)
The use, land or structure found by the Zoning Official to be in violation of any provision of this chapter and/or any approved subdivision and/or site plan shall be corrected immediately to conform to this chapter and any subdivision and/or site plan approval, or the Construction Official, at the Zoning Official's request, may revoke the certificate of occupancy and, in any case, shall notify the Township Attorney and the Township Engineer of the violation by written communication.
D.
Sufficient notice. In all cases where oral communication can not be completed, the written communication shall be considered sufficient notification by the Township Engineer, Construction Official or Zoning Official.
E.
Violation requires new certificate of occupancy. When any parcel, developed or undeveloped, is deemed to be in violation of any provisions of this chapter and subject to the penalties hereinafter prescribed, a new certificate of occupancy shall be required for any further use of such parcel.
§ 176-12 Certificates and permits.
The municipality may grant, to the extent that it is so authorized by state law or municipal ordinance, any permits or approvals of development subject to N.J.A.C. 7:50-4.31 through 7:50-4.42; provided, however, that all such permits or approvals granted, and any other action taken by such municipality with respect to the development or use of land within the Pinelands Area, shall be in strict conformance with the certified Municipal Master Plan, this chapter, and the CMP.
A.
Certificate of occupancy.
(1)
It shall be unlawful to use or permit the use of any structure or part thereof until a certificate of occupancy shall have been issued by the Construction Official pursuant to N.J.A.C. 5:23-2.33. Any change of use from one category of permitted use to another category of permitted use shall require a new certificate of occupancy. Additionally, any use requiring site plan approval shall require a new certificate of occupancy. It shall be the duty of the Construction Official to issue a certificate of occupancy only when:
(a)
The structure or parts thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Township;
(b)
Prior site plan, subdivision or variance approvals, as may be necessary, have been granted by the appropriate municipal agencies in accordance with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid; and
(d)
A letter from each utility company has been received by the Township stating that the utility has been installed and has been inspected in accordance with the approved plan and is ready for use.
(2)
Fees for a certificate of occupancy shall be in accordance with the Uniform Construction Code as incorporated into a "Schedule of Fees" in the codes of the Township, including any amendments or supplements which may from time to time be adopted.[1]
[1]
Editor's Note: See Ch. 124, Fees.
(3)
Unless additional time is agreed upon by the applicant in writing, a certificate of occupancy shall be granted or denied, in writing, within 10 working days from the date that a written notification and a certified location or field survey, signed and sealed by a New Jersey State licensed surveyor, is filed with the Construction Official stipulating that the erection of the structure and all required site improvements are completed pursuant to N.J.A.C. 5:23-2.23 and 5:23-2.24.
(4)
With respect to any approved subdivision and/or final site plan, or subsection thereof, a certificate of occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official that the following improvements (to the extent that same are required as part of the subdivision and/or site plan approval) have been completed:
(a)
Curbs;
(b)
All utilities;
(c)
Water supply and sewerage treatment facilities, which shall be functioning and servicing the property in question;
(d)
Storm drainage facilities;
(e)
Final grading of the property;
(f)
Base course (in the case of subdivisions) or final course (in the case of site plans) of the street or streets serving the property;
(g)
Base course (in the case of subdivisions) or final course (in the case of site plans) of driveways and parking areas;
(h)
Lighting (street and/or site);
(i)
Landscaping;
(j)
Any other improvements required as part of subdivision and/or site plan approval.
(5)
With respect to any individual residential lot within a subdivision or any building containing townhouses or apartments, a certificate of occupancy shall be issued only upon the written confirmation by the Township Engineer to the Construction Official that the following improvements, in addition to those listed in § 176-12A(4) above (to the extent that same are required by subdivision and/or site plan approval) have been completed:
(a)
Sidewalks;
(b)
Driveway aprons;
(c)
Street names and regulatory signs.
(6)
A copy of any issued certificate of occupancy shall be kept on file at the premises affected and shall be shown to the Construction Official upon request. Additionally, the Construction Official shall provide a copy of an issued certificate of occupancy to the Clerk of the Planning Board for placement in the site plan or subdivision application file.
(7)
Should the Construction Official decline to issue a certificate of occupancy, his reason for doing so shall be stated on two copies of the application and one copy shall be returned to the applicant.
(8)
Temporary certificate of occupancy.
(a)
A temporary certificate of occupancy may be issued for any new structure or use for which site plan and/or subdivision approval has been granted although not all conditions of said approval have been complied with. Such temporary certificate of occupancy shall be issued only in extenuating circumstances and only with the concurrent written approval of the Township Engineer, Construction Official and Zoning Official who, together, shall establish specific terms and conditions, including, but not limited to, a timetable not exceeding 90 days for the installation of the uncompleted site improvements, and the receipt of a performance guarantee assuring the installation of the improvements as indicated on the approved plat or plan, whether or not said improvements were included within a performance bond in accordance with § 176-22D. Any temporary certificate of occupancy beyond a ninety-day time period may only be granted by the Planning Board who issued the subdivision and/or site plan approval.
(b)
A temporary certificate of occupancy may be issued by the Construction Official for any building or structure not part of a site plan or subdivision application pursuant to N.J.A.C. 5:23-2.23(e).
(9)
A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy pursuant to N.J.A.C. 5:23-4.5 shall be kept in the office of the Construction Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the Township, except that there shall be no charge to a municipal agency.
(10)
The following shall be prohibited until the Construction Official issues a certificate of occupancy:
(a)
Occupancy and use of a structure erected, constructed, restored, altered or moved, when such erection, construction, restoration, alteration or movement requires a construction permit.
(b)
Occupancy, establishment of use or change in use of vacant land, other than for agricultural purposes.
(c)
Any change of use from one category of permitted use to another category of permitted use, in accordance with the applicable listings of permitted uses in this chapter.
(d)
Any change in the use of a nonconforming use or nonconforming structure.
(11)
Any applicant requesting a certificate of occupancy that involves the provision of more than 10 off-street parking spaces, or the construction of new access or circulation roads to serve the parking or loading areas, or the relocation or rearrangement of such roads, or any permitted use requiring a site plan review by a Township Board as provided for in this chapter, shall first receive the approval of said Township Board.
B.
Construction permit. Where applicable, no construction permit shall be issued until a Pinelands Certificate of Filing or the Construction Official has received preliminary zoning permit.
(1)
Every application for a construction permit shall be accompanied by two sets of plans drawn in ink or a blueprint showing the following information:
(a)
Property lines and dimensions of the lot to be built upon;
(b)
Roadway rights-of-way and cartway;
(c)
Building locations, dimensions, set backs, first floor and garage elevation;
(d)
Height of all existing and proposed structures and substructures;
(e)
All deed restrictions and easements, if any exist;
(f)
Minimum yard area requirements;
(g)
All existing and proposed drainage facilities, if required;
(h)
Adequate provisions to minimize erosion during construction;
(i)
Wetlands and buffer areas, if any exist;
(j)
Finished grading plan showing existing and proposed grades at the building corners, property corners, and any required spot elevations along swales and channels;
(k)
The location of any existing or proposed private well or septic system;
(l)
The existing or intended use of each structure;
(m)
The number of dwelling units the structure is designed to accommodate;
(n)
The number and location of off-street parking spaces and off-street loading areas;
(o)
Such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. Additionally, all requirements for construction permits contained in the Uniform Construction Code, N.J.A.C. 5:23-2.15, shall be met. A licensed surveyor in the State of New Jersey shall base all dimensions on these plans relating to the location and size of the lot to be built upon on an actual survey of the lot.
(2)
The fee for each construction permit shall be in accordance with Chapter 217, Laws of New Jersey 1975 and Title 5, Chapter 23 of the New Jersey Administrative Code as incorporated into a "Schedule of Fees" in the codes of the Township of Waterford, including any amendments or supplements which may from time to time be adopted.[2]
[2]
Editor's Note: See Ch. 124, Fees.
(3)
A construction permit shall be granted or denied, in writing, within 20 working days of a complete application unless additional time is agreed upon in writing by the applicant. One copy of the plan shall be returned to the owner, when approved or denied by the Construction Official, together with any permits granted.
(4)
The lot and location of the proposed new structure or addition thereto shall be staked out before construction is started and a copy of the construction permit shall be posted conspicuously during construction. Additionally, all other requirements for construction permit procedures set forth in the Uniform Construction Code in N.J.A.C. 5:23-2.16 shall be met.
(5)
No construction permit shall be issued for any structure until prior site plan, subdivision and variance approvals, as may be necessary, have been granted by the appropriate federal, state, county, or municipal agencies, in accordance with the provisions of this chapter and until all review and inspection fees and all local taxes and assessments on the property have been paid.
(6)
All grading plans and any proposed extension of public utilities shall be reviewed and approved by the Township Engineer prior to the issuance of a construction permit, and a written communication of the results of such reviews and a statement of approval or denial shall be provided by the Township Engineer to the Construction Official. The appropriate escrow fees for such reviews shall accompany the application for the construction permit.
(7)
Evidence that a construction dumpster will be on site for collection of refuse and construction debris.
C.
Temporary use permit.
(1)
It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities for a limited period of time which activities may be prohibited by other provisions of this chapter. If such uses are of such a nature and are so located that at the time of petition they will:
(a)
In no way exert a detrimental effect upon the uses of land activities normally permitted in the zone; or
(b)
Contribute materially to the welfare of the Township, particularly in a state of emergency, under conditions peculiar to the time and place involved.
(2)
For nonresidential applications, the Planning Board may, subject to all regulations for the issuance of special permits elsewhere specified, direct the Zoning Official to issue a permit for a period not to exceed six months. Such period may be extended not more than once for an additional period of six months.
(3)
For residential applications, the Zoning Official may issue such permit under the same terms conditions set forth above.
D.
Preliminary zoning permit. The Zoning Official is hereby authorized and directed to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop a single-family dwelling on an existing lot of record through implementation of an alternative local permitting program as provided in N.J.A.C. 7:50-3.81 through 3.85. The requirements for issuance of a preliminary zoning permit are set forth in § 176-14C.
E.
Zoning permit. A zoning permit is required prior to the establishment of any use of land, change of use of any structure or land, change in the exterior dimensions of any structure, or construction of a new structure.
(1)
An application for a zoning permit shall not be deemed complete unless two copies of a plan showing the exact dimensions of the parcel and the location of existing and/or proposed structures, at a scale no less than one inch equals 20 feet, is provided. The plan shall be drawn by a licensed engineer or surveyor.
(2)
A zoning permit shall be granted or denied by the Zoning Official, in writing, within seven working days of a complete application unless additional time is agreed upon in writing by the applicant. If the Zoning Official deems an application incomplete, the applicant shall be notified of any deficiency, in writing, within 10 working days.[3]
[3]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(3)
One copy of the plan, dated and signed by the Zoning Official, shall be returned to the applicant together with the zoning permit.
(4)
When an application is denied, the Zoning Official shall provide the applicant with the reason for the denial in writing.
F.
Forestry permit.
(1)
The information in Subsection F(1)(a) or (b) below shall be submitted to the Department of Planning and Zoning prior to the issuance of any forestry permit:
[Amended 9-12-2012 by Ord. No. 2012-15]
(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 Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b)
For all other forestry applications:
[1]
The applicant's name and address and his interest in the subject parcel;
[2]
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
[3]
The description, including block and lot designation and street address, if any, of the subject parcel;
[4]
A description of all existing uses of the subject parcel;
[5]
A brief written statement generally describing the proposed forestry operation;
[6]
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;
[7]
A forestry management plan that includes, as appropriate:
[a]
A cover page for the plan containing:
[i]
The name, mailing address and telephone number of the owner of the subject parcel;
[ii]
The municipality and county in which the subject parcel is located;
[iii]
The block and lot designation and street address, if any, of the subject parcel;
[iv]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[v]
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
[b]
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;
[c]
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:
[i]
The number of acres;
[ii]
The general condition and quality of each stand;
[iii]
The overall site quality, relative to the management goals and objectives identified in Subsection F(1)(b)[7][b] above;
[iv]
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;
[v]
The age of representative trees;
[vi]
The species composition, including overstory, understory, ground layer structure and composition;
[vii]
The stand cohort composition;
[viii]
The percent cover;
[ix]
The basal area;
[x]
The structure, including age classes, diameter breast height (dbh) classes and crown classes;
[xi]
The condition and species composition of advanced regeneration when applicable;
[xii]
A stocking table showing the stocking levels, growth rates and volume;
[xiii]
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;
[xiv]
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:
[A]
Stand improvement practices;
[B]
Site preparation practices;
[C]
Harvesting practices;
[D]
Regeneration and reforestation practices;
[E]
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[F]
Herbicide treatments;
[G]
Silvicultural treatment alternatives;
[H]
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[I]
Implementation instructions; and
[J]
Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands; and
[xv]
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
[d]
A map of the entire parcel which includes the following:
[i]
The owner's name, address and the date the map was prepared;
[ii]
An arrow designating the north direction;
[iii]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[iv]
The location of all property lines;
[v]
A delineation of the physical features, such as roads, streams and structures;
[vi]
The identification of soil types (a separate map may be used for this purpose);
[vii]
A map inset showing the location of the parcel in relation to the local area;
[viii]
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
[ix]
A legend defining the symbols appearing on the map.
[8]
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in §§ 176-62, 176-66 and 176-72;
[9]
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 § 176-70;
[10]
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 F(2)(i)[2] below;
[11]
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;
[12]
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection F(2) below; and
[13]
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
[14]
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 § 176-14I.
(2)
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 9-12-2012 by Ord. No. 2012-15]
(a)
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;
(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)
The following actions shall be required to encourage the establishment, restoration or regeneration of Camden 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, corduroy roads and helicopters, where practical.
(d)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in §§ 176-62, 176-66 and 176-72. 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;
(e)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;
(f)
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 § 176-70;
(g)
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 Camden 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;
(h)
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:
[1]
Minimize changes to surface and groundwater hydrology;
[2]
Minimize changes to temperature and other existing surface water quality and conditions;
[3]
Prevent unnecessary soil erosion, siltation and sedimentation; and
[4]
Minimize unnecessary disturbances to aquatic and forest habitats.
(i)
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
[1]
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;
[2]
Herbicide treatments shall be permitted, provided that:
[a]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection F(1)(b)[10] above;
[b]
Control of competitive plant species is clearly necessary;
[c]
Control of competitive plant species by other, nonchemical means is not practical;
[d]
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
[e]
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;
[3]
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
[4]
Disking shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native forest types;
[b]
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:
[i]
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
[ii]
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[c]
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Camden white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[d]
It shall follow land contours when slopes are discernible;
[5]
Root raking shall be permitted, provided that:
[a]
It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;
[b]
When used to establish, restore or regenerate Camden white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[c]
Root raking debris shall not be piled in wetlands;
[6]
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
[7]
Drum chopping shall be permitted, provided that:
[a]
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;
[b]
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Camden white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[c]
It shall adhere to the following procedures:
[i]
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[ii]
Drums shall remain unfilled when used during the dormant season;
[iii]
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;
[iv]
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[v]
Avoid short-radius, 180° turns at the end of each straight pass.
(j)
The following standards shall apply to silvicultural practices for harvesting:
[1]
Clearcutting shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native forest types;
[b]
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[c]
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;
[d]
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;
[e]
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
[f]
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;
[2]
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[b]
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;
[c]
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;
[d]
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
[e]
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;
[3]
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[b]
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;
[c]
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;
[d]
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;
[e]
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;
[f]
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[g]
Residual seed trees shall be distributed evenly throughout the parcel; and
[4]
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
(k)
The following standards shall apply to silvicultural practices for forest regeneration:
[1]
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 F(2)(k)[2] below; and
[2]
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[a]
The use of nonnative cuttings, seedlings or seeds shall not be permitted;
[b]
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;
[c]
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[d]
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.
(l)
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.
(m)
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.
(n)
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
(3)
Permit procedures.
(a)
Applications for forestry permits shall be submitted to the Department of Planning and Zoning and shall be accompanied by an application fee as set forth in § 176-20.[4]
[4]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(b)
Within 14 days of receipt of any application, the Zoning Official shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information that is necessary to complete the application. Should the Zoning Official 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 § 176-12F(3)(b) above, or within such further time as may be consented to by the applicant, the Zoning Official shall issue a forestry permit if the activities proposed in the application comply with the standards of § 176-12F(2) above or disapprove any application which does not meet the requirements of § 176-12F(2) 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 § 176-12F(3)(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 Official for review. The Zoning Official shall review the revised application to verify conformity with the standards in § 176-12F(2) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to § 176-12F(3)(c) above.
(e)
Failure of the Zoning Official to act within the time period prescribed in § 176-12F(3)(b), (c) or (d) above shall constitute an approval of the forestry application as submitted. At the request of the applicant, the municipality shall issue a certificate as to the failure of the Zoning Official to act and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(f)
In reviewing and issuing permits for forestry applications, the Zoning Official shall also comply with the Pinelands Area notice and review procedures set forth in § 176-14G through J.
(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 CMP are met.
(4)
Upon the issuance of a forestry permit pursuant to § 176-12F(3) above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the 10 year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
(5)
No harvesting shall be commenced until the applicant has provided the Zoning Official with 72 hours written notice of the intention to begin harvesting operations.
G.
Resource extraction permit.
(1)
Resource extraction activities, as permitted under this chapter, require site plan review and shall:
(a)
Be designed so that no area of excavation, sedimentation pond, storage area, equipment, or machinery or other structure or facility is closer than:
[1]
Two hundred feet to any property line;
[2]
Five hundred feet to any residential or nonresource extraction related commercial use that is in existence on the date the permit is issued.
(b)
Be located on a parcel of land at least 20 acres.
(c)
Provide that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion. Topsoil shall not be stored within 200 feet of any property line unless the area proposed for storage is unforested and will be restored.
(d)
Be fenced or blocked to prevent unauthorized entry into the resource extraction operation through access roads.
(e)
Provide ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
(f)
Be designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
(g)
Not involve excavation below the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the zoning district in which the site is located;
(h)
Not involve excavation exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth exceeding 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
(i)
Be carried out in accordance with an extraction schedule that depicts the anticipated sequence, as well as anticipated length of time that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection G(1)(j) below.
(j)
Not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations; or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
(k)
Involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the following requirements:
[1]
Restoration shall be a continuous process and each portion of the parcel shall be restored such that the ground cover be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
[2]
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection G(1)(i) above.
[3]
All restored areas shall be graded to conform to the natural contours of the parcel to the maximum extent practical. Grading techniques that help to control erosion and foster revegetation shall be utilized. The slope of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection G(1)(k)[6] below of this section.
[4]
Topsoil shall be restored in approximately the same quality and quantity existing at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
[5]
Drainage flows, including direction and column, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
[6]
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the average water table elevation shall be permitted.
[7]
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
[8]
Reclamation shall, to the maximum extent practical, result in the reestablishment of the vegetation association that existed prior to the extraction activity and shall include:
[a]
Stabilization of exposed areas by establishing ground cover vegetation; and
[b]
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[i]
Planting a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern;
[ii]
Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species;
[iii]
A combination of the planting techniques set forth in Subsection G(1)(k)[8][b][i] and [ii] above; or
[iv]
The use of other planting techniques or native Pinelands species as necessary to restore the vegetation association which existed prior to the extraction activity.
[9]
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[10]
The effective and timely completion of the aforementioned restoration requirements is secured by a performance guarantee accepted and approved by the Township Committee. The Township Engineer in accordance with § 176-22D shall submit a performance guarantee estimate to the Planning Board. The Board may request the Township Engineer to review and update this estimate from time to time.
[11]
The letter of credit, surety bond, or other guarantee of performance which secures restoration of each section shall be released only after the Township has determined that the requirement of Subsection G(1)(k)[1] through [9] above are being met and the guarantee of performance is replaced with a maintenance guarantee for a period of two years thereafter.
(l)
Not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the CMP.
(2)
No permit authorizing resource extraction shall be issued for any period exceeding two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of N.J.A.C. 7:50-6.66.
§ 176-13 Violations and penalties.
The governing body of the Waterford Township shall provide for the enforcement of the provisions of this chapter. If a landowner or other interested party is found guilty of a violation in a court of competent jurisdiction, fines and/or imprisonment may be imposed.
A.
Fines.
(1)
Violation of any provision of this chapter shall be punishable by a fine not to exceed $2,000 per day for each offense, imprisonment for a term not exceeding 90 days and/or a period of community service not exceeding 90 days. The following individuals shall be subject to potential punishment:[1]
(a)
The owner, general agent, contractor or occupant of a building, lot, or part thereof, where such a violation has been committed or does exist; and
(b)
Any agent, contractor, architect, engineer, builder, corporation or other party of interest who commits, takes part, or assists in the violation.
[1]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(2)
Each day that a violation continues shall constitute a separate offense.
(3)
The imposition of penalties herein shall not preclude the Township or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use, or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land, or premises.
(4)
In the event the court wishes to impose a fine in an amount greater than $1,250 upon an owner of real property for violations of housing or zoning codes of the Township, then and in that event a thirty-day grace period shall be provided to said owner in order to cure or abate the violative condition, and said owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning said violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property the court determines that the abatement has not been substantially completed.[2]
[2]
Editor's Note: Added at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
B.
Injunctive relief. In addition to the foregoing, the Township may institute and maintain a civil action for injunctive relief.
C.
Selling land before final subdivision approval.
(1)
If, before final subdivision has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.[3]
[3]
Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).
(2)
In addition to the foregoing, the Township may institute and maintain a civil action:
(a)
For injunctive relief.
(b)
To set aside and invalidate any conveyance made pursuant to such a contract of sale, if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.