Weymouth City Zoning Code
ARTICLE V
General Provisions
§ 155-29 Applicability.
A.
In interpreting and applying this chapter, these provisions shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., the provisions of the Municipal Land Use Law shall be controlling. Where the provisions of any statute impose greater restrictions than this chapter, the provisions of such statute shall be controlling.
B.
Within the Pinelands Area, the Pinelands Protection Act, N.J.S.A. 13:18A, and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50 et seq., shall apply to regulated development.
C.
Within the Coastal Area, the Coastal Area Facilities Act, N.J.S.A. 13:19-1 et seq., and the Coastal Plan and Policies, N.J.A.C. 7:1 et seq., shall apply to regulated development.
§ 155-30 General standards.
Except as herein otherwise provided:
A.
No building or structure shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, or developed for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone district in which such building or land is located and meeting the requirements as set forth in the Schedule.[1]
[1]
Editor's Note: The Schedule is included as an attachment to this chapter.
B.
No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations hereinafter designated in this chapter for the zone district in which such building or open space is located.
C.
No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure, shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.
D.
No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone district in which said lot is located, or unless a variance has been granted therefrom.
E.
No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.
F.
When an improved lot that has a conforming single-family dwelling in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lots of the same owner, and which said improved lot is nonconforming due to lot area, lot width, or lot depth, any existing residential building or structure on the lot may be further improved without variance relief from the Township Planning Board, provided that:
[Added 8-21-2013 by Ord. No. 521-2013; amended 12-2-2015 by Ord. No. 543-2015]
(1)
The number of dwelling units shall not be increased even if such increased number of dwelling units is allowed in the zone in which the property is located, unless approved by the Township Planning Board.
(2)
Any existing and proposed improvement on the nonconforming improved lot shall not exceed the percentage of maximum building coverage set forth in the applicable zone’s Schedule of Yard, Area and Building Requirements.
(3)
Any existing and proposed improvement on the nonconforming improved lot shall conform to all other standards of the applicable zone, including off-street parking.
§ 155-31 Lot depth within existing street patterns.
Whenever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone shall be waived as long as all setback lines are maintained.
§ 155-32 Frontage on improved street required.
A.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township requirements or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter unless relief has been granted by the Planning Board under the provisions of N.J.S.A. 40:55D-36.
[Amended 12-2-2015 by Ord. No. 543-2015]
B.
Where a building lot has frontage on a street, which the Master Plan or the Official Map of the Township indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.
§ 155-33 Yard areas.
A.
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B.
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.
C.
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 1,000 square feet.
§ 155-34 Corner lots.
A.
On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback shall, in any case, be less than 20 feet unless otherwise permitted in this chapter.
B.
Where the corner lot abuts interior lots located in an adjoining zone district having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone district only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone district.
C.
Lot line of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.
D.
Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.
E.
Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.
F.
Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the schedule of yard, area and building requirements.[1]
[1]
Editor's Note: The Schedule is included at the end of this chapter.
§ 155-35 Sight triangles at intersections.
A.
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located 25 feet from the intersection of a street lines.
B.
Sight triangle areas shall be maintained, trimmed or cleared in order to maintain sight distance as required herein.
§ 155-36 Accessory buildings.
Unless otherwise specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:
A.
An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard, except in the R-1 Zone where, on properties abutting the Egg Harbor River, they shall be permitted in the front yard and setbacks as provided in existing zoning regulations.
[Amended 12-30-1991 by Ord. No. 318-91]
B.
Accessory buildings may occupy not more than 25% of the rear or side yard area in any residential zone, provided that such buildings shall not exceed 16 feet in height.
C.
No detached accessory structure in any residential zone shall be less than five feet from the principal building.
D.
No accessory building shall be used for residence purposes except by domestic employees of the tenant or of the owner of the premises.
E.
No accessory building which is intended to be occupied for dwelling purposes shall be constructed before the principal building.
F.
Accessory buildings must be located on the same lot as the principal use to which they are accessory.
§ 155-37 Number of principal buildings restricted.
Any lot utilized for single-family or two-family dwelling purposes shall not contain more than one principal building.
§ 155-38 Underground utilities and essential services.
The provisions of this chapter shall not apply to customary underground essential services as defined in § 155-6, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building above ground or any other aboveground appurtenance of any type more than 40 feet high shall require approval as a conditional use subject to the provisions of this chapter. Within the Pinelands Area, the requirements of § 155-148 and Article X shall apply.
§ 155-39 Contiguous lot ownership.
Where two or more lots, created by the filing of a map pursuant to the Map Filing Law[1] prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
[1]
Editor's Note: Said law was repealed by L.2011, c. 217, § 2, effective 5-1-2012.
§ 155-40 Height limitations.
A.
No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall extend higher than the limit provided in each zone created hereunder for building height except as provided in Subsections B through D below.
[Amended 8-20-1997 by Ord. No. 349-97]
B.
The height limitations created hereunder shall not apply to spires, silos, belfries, cupolas, domes, fire observation towers, electric transmission facilities and supporting structures, windmills and barns, and other agricultural buildings not used for human occupancy, or to parapets, walls or cornices extending not more than four feet above the building height limit.
C.
The height limitations created hereunder shall apply to chimneys, ventilators, solar energy facilities, skylights, tank, stair towers, elevator towers, appurtenances usually carried above the roof line attached to a building, except that the same may exceed said height limitations by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than 10 feet. Such features shall not exceed, in total coverage, 10% of the total roof area.
D.
Where permitted. Freestanding, noncommercial radio and television antennas and flagpoles may exceed the height limits created hereunder by not more than 15 feet.
E.
The height limitations in this chapter shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
[Added 8-20-1997 by Ord. No. 349-97]
§ 155-41 Preservation of natural features.
All of the following shall be preserved in a natural state:
A.
Floodway areas as defined by the United States Department of Housing and Urban Development, Federal Insurance Program Flood Insurance Rate Map; U.S. Army Corps of Engineers; the New Jersey Department of Environmental Protection and Energy or by the Weymouth Environmental Commission.
B.
Areas containing a significant number of specimen trees determined by the Environmental Commission or the municipal agency.
C.
Existing watercourses, ponds, marshes and swamps.
E.
Wetlands as defined by the NJDEPE Coastal Management Development Policies within the CAFRA Area and Pinelands Commission in the Pinelands Comprehensive Management Plan within the Pinelands Area.
[Amended 6-19-1996 by Ord. No. 344-96]
F.
Steep slopes in excess of 15%.
G.
Flora and fauna on the New Jersey and/or Federal Endangered Species and/or Vegetation List.
§ 155-42 Riparian grants.
Whenever a person acquires title to the land under water adjacent to his or her property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant; provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit, shall not be applicable to meeting the minimum lot area for the governing zone.
§ 155-43 Easements.
Where applicable, the municipal agency shall require as a condition of subdivision or site plan approval that the owner convey to the Township, drainage easements, conservation easements, sight triangle easements and/or shade tree and utility easements.
§ 155-44 Solid waste storage for single- and two-family homes.
A.
Solid wastes from single-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers.
B.
Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curblines for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened form view of adjoining properties and street areas with planting or fencing. Solid wastes which are to be picked up shall conform to the requirements established by the Township Committee for garbage and trash collection.
§ 155-45 Solid waste disposal.
[Amended 6-19-1996 by Ord. No. 344-96]
The dumping of refuse, waste material or other substances is prohibited in all districts within the municipality.
§ 155-46 Outdoor storage of materials.
No nonresidential use with the exception of farms shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.
§ 155-47 Outdoor display of goods.
A.
Retail and/or wholesale business uses shall not permanently display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the Planning Board.
B.
Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefor by the Township. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for the same out of doors shall not be permitted in any zoning district within the Township except in accordance with Subsection D below.
C.
Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. Such temporary sales and display shall be in accordance with a permit issued by the Zoning Officer. No business shall hold more than five such sales per year nor shall any one sale exceed one week in duration.
D.
Temporary flea markets and sales operated by nonprofit groups such as churches may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. Such sales shall be in accordance with a permit issued by the Zoning Officer. No nonprofit group shall hold more than five such sales per year, nor shall any one sale exceed one week in duration.
E.
Coin-operated vending machines shall not be located farther than two feet from a related business structure.
F.
Goods for sale, displayed or stored outdoors, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.
§ 155-47.1 Home-based business.
[Added 7-16-2003 by Ord. No. 405-2003]
A.
Home-based business, which shall be defined as a business activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in all residential zone districts, provided that:
(1)
The activity is compatible with the residential use of the property and surrounding residential uses.
(2)
The activity employs no employees other than family members residing in the dwelling or unit.
(3)
The volume of invitees or guests who visit the residential dwelling or unit is not in excess of two at any given time.
(4)
There is no outside appearance of a home-based business, which shall include, but not be limited to, parking spaces, outside storage of materials or equipment, parking of commercial vehicles, signs or commercial lighting.
(5)
The volume of deliveries is not in excess of what is normally associated with residential use in the neighborhood.
(6)
The activity uses no equipment or processes that create noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbors.
(7)
The activity does not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
(8)
The activity is not illegal.
C.
For purposes of this section, in the case of a dwelling unit which is part of a common-interest ownership community where at least some of the property is owned in common by all of the residents, the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, bylaws or other documents which prohibit a home-based business within a dwelling unit.
§ 155-48 Appearance of dwellings with a home professional office or home occupation.
A.
Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.
B.
The types of construction not considered to be residential in character include store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles) and unfinished concrete blocks or cinderblock wall surfaces.
§ 155-49 Appearance of nonresidential buildings.
The exterior elevations shall be arranged and outer walls on nonresidential buildings shall be faced with materials approved by the Planning Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.
§ 155-50 Boat and travel trailer storage.
[Amended 4-6-2011 by Ord. No. 496-2011]
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or boat shall be permitted on any residential properties, provided that:
A.
Only one travel trailer or camper shall be permitted to be stored outdoors at any residential property or vacant lot owned by the owner of the travel trailer or camper.
B.
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
C.
Permanent or temporary overnight occupancy or use of a trailer, travel-trailer, motor home or recreational vehicle is not permitted in any zone except during the construction or reconstruction of an approved or existing single-family dwelling and provided that adequate wastewater facilities are present. For good cause shown, the committee may extend the period of occupancy.
D.
All boats longer than 12 feet (except non-motorized inflatable devices, surfboards, racing shells, dinghies, canoes and kayaks) that are motor-powered vessels, regardless of length, must be titled and owned by the owner of the property or a member of the owner's immediate family or the tenant living in the house on said property or in the case of a vacant lot, owned by the owner of the boat or with the written permission of the vacant property owner.
E.
All titled boats and motor-powered vessels of any length must be registered annually and exhibit a registration decal not more than one year older than the current date. Utility trailers, landscape trailers, etc. will be addressed under another ordinance.
F.
All registered boats must meet the following setback distances from the center line of the roadway pavement:
(1)
State and county roads: 60 feet.
(2)
Township roads: 40 feet. Where lot size will not allow this forty-foot setback from the center line of the road, with the approval of the Township Code Enforcement Officer, this setback requirement may be reduced, provided the new setback distance does not infringe on the Township road's right-of-way.
§ 155-51 Commercial vehicle storage.
[Amended 9-17-1997 by Ord. No. 350-97]
A.
No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 20,000 pounds shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
B.
Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 20,000 pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
C.
The aforementioned regulations for commercial vehicle storage shall not apply to vehicles located on and necessary to the operation of a farm.
§ 155-52 Tidal wetlands permits.
No building, structure or use shall be permitted within areas defined as tidal wetlands by the New Jersey Wetlands Act of 1970[1] and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection and Energy, except in accordance with a permit issued under the Act.
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
§ 155-53 Soil erosion and sediment control.
A.
A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter may be required to submit a Soil Erosion and Sediment Control Plan as is required by the Cape Atlantic Soil Conservation District. In determining whether an applicant should be required to submit said plan, the municipal agency shall consider the applicable state regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.
B.
Soil erosion and sediment control plans shall be reviewed and certified by the Cape Atlantic Soil Conservation District for conformance with the New Jersey State Standards for Soil Erosion and Sediment Control.
C.
The municipal agency may seek the assistance of the Cape Atlantic Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and certified by the Cape Atlantic Soil Conservation District.
§ 155-54 Noncommercial radio and television antennas.
A.
Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.
B.
Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.
§ 155-55 Floodplain management.
[Amended 6-19-1996 by Ord. No. 344-96]
Within a flood hazard area designated on the Weymouth Township Flood Plain Areas Map developed pursuant to Chapter 132, Flood Damage Prevention, the following design standards shall apply to developments requiring a floodplain encroachment permit:
A.
Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
C.
Utilities.
(1)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood damage.
(3)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
D.
Subdivision proposals.
(1)
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2)
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
(3)
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4)
Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of 50 lots or five acres.
E.
Residential construction. New construction or substantial improvement of any residential structure shall have the lowest structural member, including basement, elevated one foot above the base flood elevation.
F.
Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest structural member, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
G.
Additional conditions. In areas of special flood hazard, any or all of the following measures may also be required:
(1)
Floodproofing to include any or all of the following:
(a)
Installation of watertight doors, bulkheads and shutters or similar devices.
(b)
Reinforced walls to resist water pressures.
(c)
Use of paints, membranes or mortars to reduce seepage of water through walls.
(d)
Addition of weight to structures to resist flotation.
(e)
Installation of pumps to lower water levels in structures.
(f)
Pumping facilities, or comparable measures, for the subsurface drainage system of buildings to relieve external foundation wall and basement flood pressures.
(g)
Construction that resists rupture or collapse caused by water pressure or floating debris.
(h)
Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or stormwaters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
(i)
Location of all electrical equipment, circuits and installed electrical appliances in a manner which will assure they are not subject to inundation and flooding.
(j)
Adequate emergency electrical power supplies.
(2)
Imposition of operational controls, sureties and deed restrictions.
(3)
Requirements for construction of dikes, levees and other protective measures.
(4)
Installation of an adequate flood warning system on the project site.
(5)
All fill and other earth work must be established according to the Cape Atlantic Soil Conservation District.
H.
Floodways. Located within areas of special flood hazard established in Chapter 132, Flood Damage Prevention, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
(1)
Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(2)
If Subsection G(1) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.
(3)
The placement of any structure in a floodway is prohibited.
(4)
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 foot at any point.
I.
Design waivers. The Planning Board may grant waivers from the design standards of this section. In reviewing requests for waivers, the Board shall consider the following:
(1)
Waivers may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards of this section have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(2)
Waivers may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
(3)
Waivers shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(4)
Waivers shall only be issued upon a determination that the waiver is the minimum necessary, considering the flood hazard, to afford relief.
(5)
Waivers shall only be issued upon:
(a)
A showing of good and sufficient cause.
(b)
A determination that failure to grant the waiver would result in exceptional hardship to the applicant.
(c)
A determination that the granting of a waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances or conflict with existing local laws or ordinances.
(6)
Any applicant to whom a waiver is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(7)
In reviewing a request for a waiver, the Planning Board may consider the following:
(a)
The danger to life and property due to increased flood heights or velocities caused by encroachments.
(b)
The danger that materials may be swept onto other lands or downstream to the injury of others.
(c)
The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination and unsanitary conditions resulting from flooding.
(d)
The susceptibility of the proposed use to flood damage and the effects of such damage.
(e)
The need for a waterfront location and the availability of alternate locations not subject to flooding within the applicant's property.
(f)
The duration, rate of rise, effects of wave action, velocity, and sediment transport of floodwaters expected at the site.
(g)
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(h)
The extent to which the water-carrying capacity of the floodway or channel would be disrupted.
(i)
The degree to which the proposed use would serve the general public health, safety and welfare.
(j)
The degree to which any aspect of the food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.
(k)
Whether the proposed use provides adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.
(l)
The degree to which the proposed activity would alter natural water flow or water temperature.
(m)
The degree to which archaeological or historic sites and structures are endangered or rare species of animals or plants, irreplaceable land types would be degraded or destroyed.
(n)
The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.
(o)
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
§ 155-56 Performance standards.
A.
As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process or equipment will conform fully with all of the applicable performance standards.
(1)
As evidence of compliance, the municipal agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
(2)
The municipal agency may require that specific types of equipment, machinery or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
(3)
Permits and certificates required by other government agencies shall be submitted to the municipal agency as proof of compliance with applicable codes.
(4)
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the municipal agency or Administrative Officer (Zoning Officer) may require that instruments and/or other devices or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant or specific use in question.
(5)
Conditional permit.
(a)
In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the municipal agency may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established hereinafter completion or installation and operation.
(b)
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
B.
Applicability and enforcement of performance standards.
(1)
Applicability:
(a)
Prior to construction and operation: Any application for a development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b)
For existing structures: Any existing structure or use which is after the effective date of this chapter allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
(2)
Continued compliance: Continued compliance with performance standards is required and shall be enforced by the Construction Code Official or Administrative Officer (Zoning Officer).
(3)
Termination of violation: All violations shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following any subject to fines as set forth herein.
(4)
Violation inspection: Whenever, in the opinion of the Construction Code Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements and analyses.
C.
Performance standards established.
(1)
Noise.
(a)
The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection and Energy (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.
(b)
No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
[1]
Continuous airborne sound which has a sound level in excess of 50 dBA.
[2]
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands.
Octave Band Center Frequency (Hz) | Octave Band Sound Pressure Level (dB) | |
|---|---|---|
31.5 | 86 | |
63 | 71 | |
125 | 61 | |
250 | 53 | |
500 | 48 | |
1,000 | 45 | |
2,000 | 42 | |
4,000 | 40 | |
8,000 | 38 |
[3]
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
(c)
The provisions of this section shall not apply to:
[1]
Agriculture.
[2]
Bells, chimes or carillons while being used in conjunction with religious services.
[3]
Commercial motor vehicle operations.
[4]
Emergency energy release devices.
[5]
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
[6]
National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
[7]
Noise of aircraft flight operations.
[8]
Public celebrations.
[9]
Public roadways.
[10]
Stationary emergency signaling devices.
[11]
Surface carriers engaged in commerce by railroad.
[12]
Rail operations.
[13]
The unamplified human voice.
[14]
Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosive Act (N.J.S.A. 21:1A-128).
[Amended 6-19-1996 by Ord. No. 344-96]
(2)
Air pollution. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, and federal air quality standards as amended and augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(a)
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(b)
Solid particles.
[1]
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
[3]
In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
[4]
No open burning shall be permitted in any zone.
[5]
All incinerators shall be approved by the State Department of Environmental Protection and Energy.
[6]
Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the general of dust from the movement of such vehicles or equipment.
(c)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be to be detected without instruments. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
(d)
Applications for residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PFA-25, PFA-20, PFA-10, PVR, PVC and PFA-MH zones shall ensure that all state ambient air quality standards of the New Jersey Air Pollution Control Code, as amended and augmented, for carbon monoxide shall not exceed at places of maximum concentration and at sensitive receptors.
(3)
Liquid waste. No liquid waste shall be discharged into any watercourse, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Township Public Works Department, Health Department, and Township Engineer, and where required by the New Jersey Department of Environmental Protection and Energy, and the Pinelands Commission.
(4)
Solid waste. All uses in the Township shall:
(a)
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the Township assumes the responsibility.
(b)
Comply with all applicable provisions of the Air Pollution Control Code.
(c)
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection and Energy.
(d)
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(e)
Not engage in any sanitary landfill operation on the property.
[Amended 6-19-1996 by Ord. No. 344-96]
(5)
Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the U.S. Atomic Energy Act of 1965, as amended, and any codes, rules or regulations promulgated under such Act, as well as the N.J. Radiation Protection Law, N.J.S.A. 26:2D-1 et seq., as amended, whichever is more stringent.
(6)
Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the New Jersey State Uniform Construction Codes, and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Weymouth Township Fire Department.
(7)
Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall be maximum ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inch per second for impact vibrations. Particle velocity is to be determined by the Formula 6.28F, where "F" is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.
(8)
Electromagnetic interference. There shall be no electromagnetic interference that:
(9)
Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than two degrees Celsius at or beyond the boundary of any lot line.
(10)
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.
(11)
Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.
(12)
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(a)
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(b)
Spotlights or other types of artificial lighting that provide a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
(c)
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
§ 155-57 Performance standards within Pinelands Area.
A.
Wetlands.
(1)
Uses. No development in the Pinelands Area shall be permitted in a wetland or in a wetlands transition area except for the following uses:
[Amended 3-17-1993 by Ord. No. 328-93]
(a)
Horticulture of native Pinelands species in accordance with the requirements of Article 6, Part 5, of the Pinelands Comprehensive Management Plan.
(b)
Berry agriculture in accordance with the requirements of Article 6, Part 5, of the Pinelands Comprehensive Management Plan.
(c)
Beekeeping.
(e)
Wetlands management and fish and wildlife management, in accordance with N.J.A.C. 7:50-6.10.
[Amended 4-4-2012 by Ord. No. 503-2012]
(f)
Low-intensity recreational uses, which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming.
(g)
Other low-intensity recreational uses, provided that any associated development does not result in a significant adverse impact on the wetlands as set forth in Subsection A(2) below.
(h)
Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities, provided that:
[1]
There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
[2]
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
[3]
The use represents a need which overrides the importance of protecting the wetland.
[4]
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
[5]
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(i)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection A(2) hereof;
(j)
Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
(2)
Performance standards. No development in the Pinelands Area, other than those uses permitted in Subsection A(1) above, shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals, in one or more of the following ways:
[Amended 3-1-1989 by Ord. No. 294-89]
(a)
An increase in surface water runoff discharging into a wetland.
(b)
A change in the normal seasonal flow patterns in the wetland.
(c)
An alteration of the water table in the wetland.
(d)
An increase in erosion resulting in increased sedimentation in the wetland.
(e)
A change in the natural chemistry of the ground or surface water in the wetland.
(f)
A loss of wetland habitat.
(g)
A reduction in wetland habitat diversity.
(h)
A change in wetlands species composition.
(3)
Determination under this subsection shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
B.
Vegetation and landscaping.
[Amended 8-20-1997 by Ord. No. 349-97]
(1)
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
(2)
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(4) below.
(4)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection B(3) above or required pursuant to § 155-66B(10)(k) or 155-69B(21) 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.
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
[1]
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[2]
For limited ornamental purposes around buildings and other structures; or
[3]
When limited use of other shrubs or tree species is required for proper screening or buffering.
(5)
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
C.
Fish and wildlife.
(1)
Protection of threatened or endangered wildlife required. No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animals species designated by the Department of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.
(2)
Protection of wildlife habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
D.
Water quality.
(1)
General.
(a)
All development shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
(b)
Except as specifically authorized in this section, no development shall be permitted which degrades surface or groundwater quality or which established new point sources of pollution shall be permitted.
(c)
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
(2)
Minimum standards for point and nonpoint source discharges. The following point and nonpoint source discharges may be developed or operated in the Pinelands Area:
(a)
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 Subsections D(2)(b) through (f) below, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
[1]
There will be no direct discharge into any surface water body;
[2]
All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;
[3]
All public wastewater treatment facilities are designed to accept and treat septage; and
[4]
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(b)
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 D(2)(a)[2] above, provided that:
[1]
There will be no direct discharge into any surface water body;
[2]
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;
[3]
Adherence to Subsection D(2)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
[Amended 8-20-1997 by Ord. No. 349-97]
[4]
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
[Amended 8-20-1997 by Ord. No. 349-97]
(c)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
[1]
There is no practical alternative available that would adhere to the standards of Subsection D(2)(a)[1];
[Amended 8-20-1997 by Ord. No. 349-97]
[2]
There is no increase in the existing approved capacity of the facility; and
[3]
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface water immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(d)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
[1]
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
[2]
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that 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 D(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development, but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 155-153 or N.J.A.C. 7:50-5.47;
[3]
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
The system will be maintained and inspected in accordance with the requirements of § 155-57D(3);
[7]
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
[8]
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 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.
(e)
Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[Amended 8-20-1997 by Ord. No. 349-97]
[1]
The standards set forth in Subsection D(2)(d)[1] through [8] above are met;
[2]
If the proposed development is nonresidential and located outside of the PVC and PVR zones, the standards of N.J.A.C. 7:50-6.84(a)5iii(2) are met.
[Amended 6-20-2018 by Ord. No. 563-2018]
[3]
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that 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 D(3) below and the assumptions and requirements set forth in N.J.A.C. 7:506.84(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 § 155-153 and N.J.A.C. 7:50-5.47.
(f)
Surface water runoff, provided that:
[Added 8-20-1997 by Ord. No. 349-97]
[1]
The total runoff generated from any net increase in impervious surfaces by a 10-year storm of a 24-hour duration shall be retained and infiltrated on-site. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the NRCS National Engineering Handbook, section 4;
[2]
The rates of runoff generated from the parcel by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the NRCS National Engineering Handbook, section 4;
[3]
Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel;
[4]
Excessively and somewhat excessively drained soils, as defined by the Natural Resources Conservation Service, should be avoided for recharge of runoff wherever practical;
[5]
A minimum separation of two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high water table is met or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality; and
[6]
A four-year maintenance guarantee is provided for the entire stormwater management system by the applicant. In addition, the applicant shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than 10 years. The program shall identify the entity charged with responsibility for annual inspections and the completion of any necessary maintenance and the method to finance said program.
(g)
Alternate design pilot program treatment systems, provided that:
[Added 6-4-2003 by Ord. No. 403-2003[1]]
[1]
The proposed development to be served by the system is residential, located on a lot less than 3.2 acres in size, and is otherwise permitted pursuant to the provisions of this chapter;
[2]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that 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 D(2)(g)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 155-153 or N.J.A.C. 7:50-5.47;
[3]
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high-water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
[7]
Each system shall be equipped with automatic-dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
[8]
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
[9]
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
[10]
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that time 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 6-20-2018 by Ord. No. 563-2018]
[11]
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection D(2)(g)[9] above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended 6-20-2018 by Ord. No. 563-2018][2]
[2]
Editor's Note: Former Subsection D(2)(g)[12], which provided that no alternate design pilot program system would be installed after 8-5-2007, and which immediately followed this subsection, was repealed 6-20-2018 by Ord. No. 563-2018.
[1]
Editor's Note: This ordinance also provided that "nothing in this [ordinance] shall apply to development on lots larger than 3.2 acres in size."
(3)
Individual wastewater treatment facility and petroleum tank maintenance.
(a)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
[1]
Have the facility inspected by a technician at least once every three years;
[2]
Have the facility cleaned at least once every three years;
[3]
Once every three years submit to the Board of Health serving Weymouth Township a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
(4)
Water management.
[Amended 6-20-2024 by Ord. No. 605-2024]
(a)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(b)
A diversion within the Pinelands Area portion of Weymouth 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 D(4)(b)[1] and [2] below, or outside of either basin, shall be prohibited.
[1]
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
[2]
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(c)
A diversion within the Pinelands Area portion of Weymouth Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsection D(4)(b)[1] and [2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection D(4)(d)below.
(d)
Within the Pinelands Area portion of Weymouth 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 D(4)(d)[1] 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.
[1]
A proposed diversion shall only be permitted if it is:
[a]
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:
[b]
Any proposed diversion that is exclusively for agricultural or horticultural use; or
[c]
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in off-site flow, and the diversion and return are located on the same parcel.
(5)
Prohibited chemicals and materials.
(b)
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil, and shall be covered with an impermeable surface which shields the facility from precipitation.
(c)
No persons shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.
(d)
No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
[Amended 8-20-1997 by Ord. No. 349-97]
E.
Scenic.
(1)
Scenic corridors. Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads in the PFA-25, PFA-20, and PFA-10 zones shall be considered scenic corridors. In addition, the Tuckahoe River is designated a special scenic corridor.
(2)
Special requirements for scenic corridors.
(a)
Except as otherwise provided in this subsection, no permit shall be issued for development on a scenic corridor other than for roadside food markets unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.
(b)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection B, Vegetation, above to provide screening from the corridor.
(c)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Subsection B, Vegetation, above so as to provide screening between the building and the corridor.
(d)
All structures within 1,000 feet of the center line of a special scenic corridor shall be designed to avoid visual impacts as viewed from the corridor.
(e)
The requirements of Subsection E(2)(a) through (c) above shall not apply to residential cluster developments within the FA Zone which comply with the standards of § 155-157A(1).
[Added 4-4-2012 by Ord. No. 503-2012]
(3)
Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
(4)
Location of utilities.
(a)
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground in accordance with regulations and tariffs of the New Jersey Board of Public Utilities, except for those lines which are located on or adjacent to active agricultural operations.
(b)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with Subsection B, Vegetation, above.
(c)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
F.
Fire management.
(1)
The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:
Hazard | Vegetation Type | |
|---|---|---|
Low | Atlantic white cedar hardwood swamps | |
Moderate | Non-pine Barrens forest prescribed burned areas | |
High | Pine Barrens forest, including mature forms of pine, pine-oak and oak-pine | |
Extreme | Immature or dwarf forms of pine-oak, or oak-pine, all classes of pine-scrub oak and pine-lowland |
(2)
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the Fire Hazard Classification set out in Subsection F(1) above unless such development complies with the following standards:
(a)
All proposed developments, or units or sections thereof, of 25 units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment;
(b)
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire-fighting equipment;
(c)
The rights-of-way of all roads will be maintained so that they provide an effective fire break;
(d)
(e)
All structures will meet the following specifications:
[1]
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rage felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum, brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazards areas;
[2]
All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals;
[3]
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets;
[4]
Flat roofs are prohibited in areas where vegetation is higher than the roof.
G.
Recreation. All proposed development within the Pinelands Area shall conform to the following requirements:
(1)
No motor vehicle other than fire, police or emergency vehicles or those vehicles used for the administration or maintenance of any public land shall be operated upon publicly owned land within the Pinelands Area. Other motor vehicles may operate on public lands for recreational purposes, on public highways and areas on land designated prior to August 8, 1980, for such use by the State of New Jersey until designated as inappropriate for such use by the Pinelands Commission.
(2)
All recreational areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection and Energy publication "Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities."
(3)
Improved bicycling facilities shall be provided only in conjunction with paved roads.
H.
Historic resource preservation.
(1)
If at any time after construction has commenced, archaeological data is discovered on a site, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notifications, Reporting and Data Recovery (36 CFR Part 66).
(2)
The Planning Board shall have the following powers and duties:
(a)
To initiate, hear, review and make recommendations to the Pinelands Commission regarding designation of historic resources of local, Pinelands, national or state significance in accordance with the provisions of N.J.A.C. 7:50-6.154.
(b)
To initiate, hear, review and identify historic, resources and districts of local, Pinelands, national or state significance and recommend historic resources which are determined to be significant pursuant to Subsection H(7) below to the Township Committee for designation in the land use and development regulations in accordance with the provisions of N.J.A.C. 7:50-6.154, the Municipal Land Use Law and N.J.S.A. 40:55D-1 et seq.
(c)
To review and issue certificates of appropriateness in accordance with the provisions of N.J.A.C. 7:50-6.155 and 7:50-6.156 for any application for development which is otherwise empower to review.
(d)
To review and report on any matter related to this subsection referred to it by the Pineland Commission.
(e)
To make its general knowledge and expertise available upon reasonable written request to the Pinelands Commission or any agency of the municipality, county, state or federal government.
(f)
To consult with any county, state or national agency with special expertise in the area of historic resources.
(g)
To develop and maintain a manual of recommended rehabilitation techniques and the relationship of new construction to natural areas for the guidance of the public.
(h)
To adopt rules of procedure which are not in conflict with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-6.151 through 7:50-6.158, and N.J.S.A. 40:55D-1 et seq.
(i)
To prepare and adopt plans and implementing measures to preserve the cultural heritage of traditional Pinelands villages.
(3)
The Planning Board shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.
[Amended 12-2-2015 by Ord. No. 543-2015]
(4)
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Pinelands Commission or the Township Committee pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
(5)
A cultural resource survey shall accompany all applications for major subdivision and site plan approval in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 8-20-1997 by Ord. No. 349-97]
(6)
This requirement for a survey may be waived by the local approval agency if:
(a)
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b)
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(7)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American History, architecture, archaeology or culture under one or more of the following criteria:
(a)
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
(b)
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands.
(c)
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction.
(d)
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
(8)
An application for a certificate of appropriateness shall contain the following information:
(a)
Detailed plans depicting the exact work to be performed, including detailed renderings of the exterior of any proposed new structure of any exterior alterations to existing structures. A delineation of the relationship to adjacent structures or surrounding lands may be requested.
(b)
A statement of the relationship of the work to the standards for designation in N.J.A.C. 7:50-6.154(b) and the standards for approval of certificates of appropriateness in N.J.A.C. 7:50-6.156(c).
(c)
Such other information as may be required from time to time by the Pinelands Commission or the Planning Board.
(9)
The standards governing the issuance certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board.
[Amended 12-2-2015 by Ord. No. 543-2015]
(10)
The effect of the issuance of a certificate of appropriateness is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection H(10)(b) below.
(b)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection H(5) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 8-20-1997 by Ord. No. 349-97]
(11)
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance of building, structures and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(d)
A New Jersey State Inventory Form as published by the New Jersey Department of Environmental Protection and Energy for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
I.
Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include southern orientation of buildings, landscaping to permit solar access and the use of energy conserving building materials.
J.
Recommended management practices for agriculture. All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Experimental Station at Rutgers University.
K.
Forestry.
[Added 8-20-1997 by Ord. No. 349-97]
(1)
Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(d)
Forest stand improvement designated to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and
(e)
Prescribed burning and the clearing and maintaining of fire breaks.
(2)
Forestry application requirements. The information in Subsection K(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 4-4-2012 by Ord. No. 503-2012]
(a)
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission, as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b)
For 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 K(2)(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.
[xv]
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast heights; and number of trees per acre.
[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 §§ 155-57B(5) and 155-57C;
[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 § 155-57H;
[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 K(3)(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 K(3) below;
[13]
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 4-4-2012 by Ord. No. 503-2012]
(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 absolute 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 Atlantic White Cedar in cedar and hardwood swamps:
[1]
Clear-cutting 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 §§ 155-57B(5) and 155-57C. 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 § 155-57H;
(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 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;
(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:
(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 K(2)(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 re-sprouting 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 Atlantic 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 of Pine Plains Native Forest Types;
[b]
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
[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 fuel breaks, 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 Atlantic 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, one-hundred-eighty-degree turns at the end of each straight pass.
(j)
The following standards shall apply to silvicultural practices for harvesting:
[1]
Clear-cutting 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 of 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 clear-cut 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 clear-cut from other twenty-five-acre or larger clear-cuts, 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 clear cut shall have contoured edges unless the boundary of the clear cut 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 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 clear-cuts, 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 clear-cuts, 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.
[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 K(3)(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.
(4)
Forestry permit procedures.
(a)
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(b)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant, in writing, of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection K(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection K(3) above or disapprove any application which does not meet the requirements of Subsection K(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection K(4)(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection K(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection K(4)(c) above.
(e)
Failure of the Zoning Officer to act within the time period prescribed in Subsection K(4)(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(g)
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
(5)
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection K(4)(c) 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 ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
(6)
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.
§ 155-58 Property maintenance.
[Amended 6-19-1996 by Ord. No. 344-96]
It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the Township which they own, use, occupy or have maintenance responsibility for in accordance with the standards and procedures of Chapter 106, Certificates of Occupancy. In addition to requirements promulgated therein, the following maintenance requirements shall be applicable:
A.
Maintenance of nonresidential uses within the Township shall include but is not limited to the following:
(1)
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2)
Paint striping, traffic control signs and markings and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3)
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
(4)
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5)
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
(6)
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this article, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7)
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8)
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
(9)
All outdoor lighting shall be maintained in a working condition.
B.
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly conditions. In addition to the maintenance responsibilities specified in § 155-57A above, additional maintenance responsibilities shall include but are not limited to the following:
(1)
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(2)
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
§ 155-59 Animals and farm livestock.
[Amended 9-6-2006 by Ord. No. 447-2006]
A.
The keeping of pigs or other commercially raised farm livestock is prohibited except within a lot containing 5.0 acres or more and except within an enclosure located at least 50 feet from each lot line, provided no property owner shall have more than two pigs of more than six months of age, on a lot.
B.
The keeping of all other farm livestock as pets or for food for personal use is prohibited except within a lot containing two acres or more, and except within an enclosure located at least 10 feet from each lot line. Furthermore, notwithstanding the requirements outlined in § 155-98, fences that are erected for the purposes of containing farm livestock shall be permitted, provided said fences are not located within the first 10 feet of any front yard or between the front lot line and the principal structure, whichever is less, or within 10 feet of any river, stream or other body of water; and provided further, that said fence shall be of sufficient height to adequately contain the farm livestock to prevent them from passing through or over the fence; and to ensure that the farm livestock pose no threat to any person or property of adjacent landowners.
§ 155-60 Pinelands development credits.
[Added 3-17-1993 by Ord. No. 328-93]
A.
Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
B.
Pinelands development credits may be used in the Township in the following circumstances:
(1)
When a variance for cultural housing is granted by the Township in accordance with § 155-157 of this chapter;
(2)
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the PVR or PVC Zones is granted by the Township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that permitted without the variance; and
[Amended 8-20-1997 by Ord. No. 349-97]
(3)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
C.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands Development Credits are either allocated or used in the Township.
§ 155-60.1 Township Homestead Exchange Program.
[Added 12-5-2001 by Ord. No. 389-2001]
A.
Statement of purpose. The large minimum lot size requirement in PFA-10, PFA-20 and PFA-25 Zones in conjunction with the limited ownership of contiguous lots and the New Jersey Pinelands Comprehensive Management Plan limiting the number of total new dwelling and nonresidential development units in the Pinelands Area of the Township has led to the creation of the Weymouth Township Homestead Exchange Program. The exchange program is designed to permit an equitable distribution of the allowable development units while ensuring flexibility for property owners to sell and/or purchase parcels which contain less than the minimum required lot area or which may be unsuitable for development.
B.
The Weymouth Township Homestead Exchange Program may be permitted in the zones specified in Article X, Zoning District Regulations, provided that the use shall adhere to the minimum standards of the particular zone and the following:
(1)
To satisfy the minimum lot size requirements for development, a property owner may acquire noncontiguous land; provided, however, that the minimum lot size for a developable lot must be one acre.
[Amended 6-4-2008 by Ord. No. 472-2008; 10-15-2008 by Ord. No. 474-2008]
(2)
The acquired noncontiguous land may or may not be developable in accordance with the Pinelands Commission or New Jersey Department of Environmental Protection regulations for on-site septic suitability.
(3)
The acquired noncontiguous land, if within the same PFA Zone as the lot to be developed, must total with the developable lot to the minimum lot size requirement of that PFA Zone. If the acquired land lies in a different PFA Zone from the lot to be developed, the acquired acreage must equal the percentage that is needed to complete the minimum lot requirements in the zone where development will occur when applied to minimum lot requirements of the PFA Zone in which the acquired noncontiguous land lies. See chart below for examples.
Minimum Nonbuildable Lot Area Required | |||||
|---|---|---|---|---|---|
Pinelands Forest Area Zone | Minimum Buildable Lot Area (acres) | Buildable Plus Nonbuildable Factor | PFA-10 (acres) | PFA-20 (acres) | PFA-25 (acres) |
PFA-10 | 1 | 10% + 90% | 9.0 | 18.0 | 22.5 |
PFA-20 | 1 | 5% + 95% | 9.5 | 19.0 | 23.75 |
PFA-25 | 1 | 4% + 96% | 9.6 | 19.2 | 24.0 |
(4)
Deed restriction. All noncontiguous lands utilized pursuant to this section shall be permanently protected through recordation of a deed of restriction. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such use or activities are approved and conducted in accordance with the requirements of Chapter 155. Such restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Attorney, the Zoning Officer and the Pinelands Commission.
[Amended 4-4-2012 by Ord. No. 503-2012]
(5)
Tax assessments for the noncontiguous land will be combined and assigned to the land to be developed with a nominal value assigned to the land not to be developed.
(6)
The Weymouth Township Homestead Exchange Program is applicable within the Pinelands Village Residential (PVR) Zone with the following requirements: