[Amended 2-23-1989 by Ord. No. 217]
A.
All development shall comply with the standards set
forth in this article in addition to all other regulations of the
ordinances of the Borough.
B.
The standards and regulations of this article are
intended to be the minimum provisions necessary to achieve the purposes
and objectives of the ordinances of the Borough and the Pinelands
Protection Act.[1] In the event of a conflict between any provisions, the
stricter provision shall apply.
[1]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
A.
Uses. No development in the Borough shall be permitted
in a wetland or wetlands transition area except for the following
uses:
[Amended 2-23-1989 by Ord. No. 217; 4-8-1993 by Ord. No.
244]
(3)
Beekeeping.
(5)
Fish and wildlife management, provided that there is no significant adverse impact on the wetland as set forth in Subsection B below.
(6)
Low-intensity recreation uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection B below.
(7)
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 B below.
(8)
Commercial or public docks, piers, moorings and boat
launches shall be permitted, provided that:
(9)
Bridges, roads, trails, and utility transmission and
distribution facilities and other similar linear facilities, provided
that:
[Amended 4-8-1993 by Ord. No. 244]
(a)
There is no feasible alternative route for the
facility that does not involve development in a wetland, or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof;
(c)
The use represents a need which overrides the
importance of protecting the wetland;
(d)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland;
and
(e)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
B.
Performance standards.
(1)
All development, except for those uses which are specifically authorized in Subsection A above, shall be carried out within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland.
(2)
A significant adverse impact shall be deemed to exist
where it is determined that one or more of the following modifications
of a wetland will have an irreversible effect on the ecological integrity
of the wetland and its biotic components, including but not limited
to threatened or endangered species of plants or animals:
[Amended 2-23-1989 by Ord. No. 217]
(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 groundwater
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.
(i)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No.
213A]
A.
All clearing and soil disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
B.
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
C.
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.
D.
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 170-10C(3)(e) of Chapter 170, Subdivision and Land Development, shall incorporate the following elements:
(1)
The limits of clearing shall be identified;
(2)
Existing vegetation, including New Jersey's Record
Trees as published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(3)
Permanent lawn or turf areas shall be limited to those
specifically intended for active human use such as play fields, golf
courses and lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs
contains a predominance of shrubs and tree species not authorized
by N.J.A.C. 7:50-6.25;
(b)
For limited ornamental purposes around buildings
and other structures; or
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
E.
No development shall be carried out in the Borough
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of populations of threatened or
endangered animals designated in N.J.A.C. 7:50-6.27.
[Amended 2-23-1989 by Ord. No. 217]
A.
Protection of threatened or endangered wildlife required.
No development shall be carried out in the Borough unless it is designed
to avoid irreversible adverse impacts on habitats that are critical
to the survival of any local populations of threatened or endangered
animals designated by the Department of Environmental Protection pursuant
to N.J.S.A. 23:2A et seq.
[Amended 9-28-1989 by Ord. No. 223]
B.
Protection of wildlife habitat. All development or
other authorized activity shall be carried out in the Borough 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.
[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No. 213]
A.
Permit required. No forestry in the Borough shall
be carried out by any person unless a permit for such activity has
been issued by the Borough Zoning Officer. Notwithstanding this requirement,
no such permits shall be required for the following forestry activities:
(1)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(2)
Tree harvesting, provided that no more than one cord
of wood per five acres of land is harvested in any one year and that
no more than five cords of wood are harvested from the entire parcel
in any one year;
(3)
Tree planting, provided that the area to be planted
does not exceed five acres in any one year, no soil disturbance occurs
other than that caused by the planting activity and no trees other
than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(4)
Forest stand improvement designed to selectively thin
trees and brush, provided that no clearing or soil disturbance occurs
and that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year; and
(5)
Prescribed burning and the clearing and maintaining
of fire breaks.
B.
Forestry application requirements. The information in Subsection B(1), (2) or (3) below shall be submitted to the Borough Zoning Officer prior to the issuance of any forestry permit:
(1)
For forestry activities on a parcel of land enrolled
in the New Jersey Forest Stewardship Program, a copy of the approved
New Jersey Forest Stewardship Plan. This document shall serve as evidence
of the completion of an application with the Pinelands Commission
as well as evidence that the activities are consistent with the standards
of the Comprehensive Management Plan. No certificate of filing from
the Pinelands Commission shall be required.
(2)
For forestry activities on a parcel of land approved
for woodland assessment that is not enrolled in the New Jersey Forest
Stewardship Program:
(a)
A copy of the woodland management plan, the
scaled map of the parcel and a completed woodland data form, prepared
pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7
through 2.15;
(b)
If not already contained in the woodland management plan required in Subsection B(2)(a) above, the following shall be submitted:
[1]
The applicant's name, address and 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 block and lot designation and street address,
if any, of the subject parcel;
[4]
A brief written statement generally describing
the proposed forestry activities; and
[5]
The relevant portion of a USGS quadrangle map,
or copy thereof, and a copy of the relevant portion of the municipal
tax map sheet on which the boundaries of the subject parcel and the
municipal zoning designation are shown.
(d)
A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 200-43E and 200-44;
(e)
Unless the Pinelands Commission determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 200-51;
(f)
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection C(8) below;
(g)
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;
(h)
A letter from the New Jersey State Forester
indicating that the proposed forestry activities adhere to the silvicultural
practices contained in the Society of American Foresters Forestry
Handbook, Second Edition, pages 413 through 455;
(i)
A letter from the New Jersey State Forester commenting on extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsections C(9) and (10) below;
(j)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
For forestry activities on a parcel of land that has
not been approved for woodland assessment and is not enrolled in the
New Jersey Forest Stewardship Program:
(a)
The information required in Section B(2)(b)
through (k) above; and
(b)
A forestry activity plan which includes, as
appropriate:
[1]
A cover page for the forestry activity plan
containing:
[a]
The name, mailing address and telephone
number of the owner of the subject parcel;
[b]
The municipality and county in
which the subject parcel is located;
[c]
The block and lot designation and
street address, if any, of the subject parcel;
[d]
The name and address of the forester
who prepared the plan, if not prepared by the owner of the subject
parcel; and
[e]
The date the plan was prepared
and the period of time the plan is intended to cover.
[2]
A clear and concise statement of the owner's
objectives for undertaking the proposed forestry activities, silvicultural
prescriptions and management practices;
[3]
A description of each forest stand in which
a proposed activity, prescription or practice will occur. These stand
descriptions shall be keyed to an activity map and shall include,
as appropriate, the following information:
[a]
The number of acres;
[b]
The species composition, including
overstory and understory;
[c]
The general condition and quality;
[d]
The structure, including age classes,
diameter breast height (DBH) classes and crown classes;
[e]
The overall site quality;
[f]
The condition and species composition
of advanced regeneration when applicable; and
[g]
The stocking levels, growth rates
and volume.
[4]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period. These may include, but are not necessarily limited
to, a description of:
[6]
A property map of the entire parcel which includes
the following:
[a]
The owner's name, address and the
date the map was prepared;
[b]
An arrow designating the North
direction;
[c]
A scale which is not smaller than
one inch equals 2,000 feet or larger than one inch equals 400 feet;
[d]
The location of all property lines;
[e]
A delineation of the physical features
such as roads, streams and structures;
[f]
The identification of soil types
(a separate map may be used for this purpose);
[g]
A map inset showing the location
of the parcel in relation to the local area;
[h]
Clear location of the area and
acreage in which each proposed activity, prescription or practice
will occur. If shown on other than the property map, the map or maps
shall note the scale, which shall not be smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet, and shall be appropriately
keyed to the property map; and
[i]
A legend defining the symbols appearing
on the map.
C.
Forestry standards. Forestry operations shall be approved
if the standards set forth below will be met:
(1)
All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection B(2)(h) above shall serve as evidence that this standard is met;
(2)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolutely necessary to harvest
wetlands species or to otherwise gain access to a harvesting site;
(3)
All silvicultural and reforestation practices shall
serve to maintain native forests, except in those areas where nonnative
species are proposed to be harvested;
(4)
The following actions shall be required to encourage
the reforestation of Atlantic White Cedar in cedar and hardwood swamps:
(a)
Clearcutting cedar and managing slash;
(b)
Controlling competition by other plant species;
(c)
Utilizing fencing and other retardants, where
necessary, to protect cedar from overbrowsing;
(d)
Utilizing existing streams as cutting boundaries,
where practical;
(e)
Harvesting during dry periods or when the ground
is frozen; and
(f)
Utilizing the least intrusive harvesting techniques,
including the use of winches and corduroy roads, where practical.
(6)
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;
(7)
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 § 200-51;
(8)
Herbicide treatments shall be permitted, provided
that:
(a)
The proposed treatment is identified in the
forestry application submitted to the Zoning Officer pursuant to Section
B(2)(f) above;
(b)
Control of competitive plant species is clearly
necessary;
(c)
Control of competitive plant species by other,
nonchemical means is not feasible; and
(d)
All chemicals shall be expressly labeled for
forestry use and shall be used in a manner that is consistent with
relevant state and federal requirements;
(9)
A vegetated streamside management zone shall be maintained
or established adjacent to streams, ponds, lakes and marshes, except
that no streamside management zone shall be required when Atlantic
white cedar is proposed to be harvested or reestablished. The streamside
management zone shall be at least 25 feet in width. Where soils are
severely erodible, slopes exceed 10% or streamside vegetation is not
vigorous, the streamside management zone shall be increased up to
a maximum of 70 feet to buffer the water body from adjacent forestry
activities. Submission of an approved New Jersey Forest Stewardship
Plan or a letter from the State Forester indicating that the proposed
forestry activities are consistent with the New Jersey Forestry and
Wetlands Best Management Practices Manual shall serve as evidence
that this standard is met;
(10)
Stream crossings, access roads, timber harvesting,
skid trails, log decks, portable sawmill sites, site preparation,
and reforestation shall be designed and carried out so as to minimum
changes to surface water and groundwater hydrology; minimize changes
to temperature and other existing surface water quality conditions;
prevent unnecessary soil erosion, siltation and sedimentation; and
minimize unnecessary disturbances to aquatic and forest habitats.
Submission of an approved New Jersey Forest Stewardship Plan or a
letter from the State Forester indicating that the proposed forestry
activities are consistent with the New Jersey Forestry and Wetlands
Best Management Practices Manual shall serve as evidence that this
standard is met; and
(11)
A copy of the forestry permit issued by the
Borough Zoning Officer shall be conspicuously posted on the parcel
which is the site of the forestry activity.
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $25.
(2)
Within 14 days of receipt of an application, the Zoning
Officer shall determine whether the application is complete and, if
necessary, notify the applicant in writing of any additional information
which is necessary to complete the application. Should the Zoning
Officer fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(7)
Forestry permits shall be valid for a period of 10
years. Nothing in this section shall be construed to prohibit any
person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay of a sum of $250, which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
A.
All agricultural activities and fish and wildlife
management activities, including the preparation of land and the planting,
nurturing and harvesting of crops, shall be carried out in accordance
with recommended management practices established for the particular
agricultural activity by the New Jersey Department of Agriculture,
the Soil Conservation Service, and the New Jersey Agricultural Experimental
Station at Rutgers University.
B.
In the Agricultural Production District, a resource
conservation plan shall be prepared by the operator of every agricultural
use, or the appropriate Soil Conservation District, located in an
area which has been designated by any agency of federal, state, or
local government as having substandard surface water or groundwater.
If prepared by the operator, such plan shall be submitted to the Soil
Conservation District for review. The resource conservation plan shall
be reviewed, updated and revised as necessary and shall provide for
the use of recommended management practices as found in, but not limited
to, the following publications:
C.
All agricultural operations in the Agricultural Production
District shall be exempt from all Borough ordinances and regulations
which inhibit efficient crop production, including but not limited
to ordinances and regulations imposing time limits on operations,
dust limits and odor restrictions, except those ordinances and regulations
which are strictly necessary for the maintenance of public health.
A.
General.
(1)
All development shall be designed and carried out
so that the quality of surface water and groundwater will be protected
and maintained. Agricultural use shall not be considered development
for purposes of this subsection.
(2)
Except as specifically authorized in this section,
no development which degrades surface water or groundwater quality
or which establishes new point sources of pollution shall be permitted.
B.
The following point and nonpoint sources may be developed
and operated in the Borough:
(1)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections B(2) through (6) below, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(a)
There will be no direct discharge into any surface
water body;
(b)
All discharges from the facility or use are
of a quality and quantity such that groundwater exiting from the parcel
of land or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen;
(c)
All public wastewater treatment facilities are
designed to accept and treat septage; and
(d)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
(2)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection B(1)(b) above, provided that:
[Amended 2-23-1989 by Ord. No. 217]
(a)
There will be no direct discharge into any surface
water body;
(b)
The facility is designed only to accommodate
wastewater from existing residential, commercial, and industrial development;
(c)
Adherence to Subsection B(1)(b) above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and
[Amended 5-8-1997 by Ord. No. 213A]
(d)
The design level of nitrate/nitrogen attenuation
is the maximum possible within the cost limitations imposed by such
user fee guidelines, but in no case shall groundwater exiting from
the parcel or entering a surface body of water exceed five parts per
million nitrate/nitrogen.
[Amended 5-8-1997 by Ord. No. 213A]
(3)
Improvements to existing commercial, industrial, and
wastewater treatment facilities which discharge directly into surface
waters, provided that:
(a)
There is no practical alternative available that would adhere to the standards of Subsection B(1)(a) above;
[Amended 5-8-1997 by Ord. No. 213A]
(b)
There is no increase in the existing approved
capacity of the facility; and
(c)
All discharges from the facility into surface
waters are such that the nitrate/nitrogen levels of the surface waters
at the discharge point do not exceed two parts per million. In the
event that nitrate/nitrogen levels in the surface waters immediately
upstream of the discharge point exceed two parts per million, the
discharge shall not exceed two parts per million nitrate/nitrogen.
(4)
Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater, provided that:
[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No.
213A]
(a)
The proposed development to be served by the
system is otherwise permitted pursuant to the provisions of this chapter;
(b)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 200-63B or 200-64;
(c)
Only contiguous lands located within the same
zoning district and Pinelands management area as the proposed system
or systems may be utilized for septic dilution purposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at
least five feet;
(e)
Any potable water well will be drilled and cased
to a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(f)
The system will be maintained and inspected in accordance with the requirements of Subsection C below;
(g)
The technology has been approved for use by
the New Jersey Department of Environmental Protection; and
(h)
Flow values for nonresidential development shall
be determined based on the values contained in N.J.A.C. 7:9A-7.4,
as amended, except that number of employees may not be utilized in
calculating flow values for office uses. In the event that N.J.A.C.
7:9A-7.4 does not provide flow values for a specific use, but a flow
value is assigned for that use in 7:14A-23.3(a), the flow value specified
in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(5)
Individual on-site septic wastewater treatment systems
which are intended to reduce the level of nitrate/nitrogen in the
wastewater, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(b)
If the proposed development is nonresidential and is located
outside of the VR or VI Zoning Districts, the standards of N.J.A.C.
7:50-6.84(a)5iii(2) are met;
[Amended 5-20-2004 by Ord. No. 9-2004; 3-12-2019 by Ord. No. 02-2019]
(c)
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(4)(c) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 200-63B and 200-64.
(6)
Surface water runoff, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(a)
The total runoff generated from any net increase
in impervious surfaces by a ten-year storm of a twenty-four-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 SCS National Engineering Handbook,
Section 4;
(b)
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 SCS National
Engineering Handbook, Section 4;
(c)
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;
(d)
Excessively and somewhat excessively drained
soils, as defined by the Soil Conservation Service, should be avoided
for recharge of runoff wherever practical;
(e)
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
(f)
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.
(7)
Alternate design pilot program treatment systems,
provided that:
[Added 2-13-2003 by Ord. No. 1-2003]
(a)
The proposed development to be served by the
system is residential and is otherwise permitted pursuant to the provisions
of this chapter;
(b)
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection B(7)(c) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 200-63B or 200-64;
(c)
Only contiguous lands located within the same
zoning district and Pinelands management area as the proposed system
or systems may be utilized for septic dilution purposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19;
(d)
The depth to seasonal high water table is at
least five feet;
(e)
Any potable water well will be drilled and cased
to a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet;
(f)
No more than 10 alternate design pilot program
treatment systems utilizing the same technology shall be installed
in the development of any parcel if those systems are each serving
one single-family dwelling;
(g)
Each system shall be equipped with automatic
dialing capability to the manufacturer, or its agent, in the event
of a mechanical malfunction;
(h)
Each system shall be designed and constructed
so that samples of effluent leaving the alternate design pilot program
septic system can be readily taken to confirm the performance of the
technology;
(i)
The manufacturer or its agent shall provide
to each owner an operation and maintenance manual approved pursuant
to N.J.A.C. 7:50-10.22(a)2iv;
(j)
Each system shall be covered by a five-year warranty and a minimum
five-year maintenance contract consistent with those approved pursuant
to N.J.A.C. 7:50-10.22(a)2v that cannot be canceled and is renewable
and which includes a provision requiring that the manufacturer or
its agent inspect the system at least once a year and undertake any
maintenance or repairs determined to be necessary during any such
inspection or as a result of observations made at any other time;
and
[Amended 3-12-2019 by Ord. No. 02-2019]
(k)
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection B(7)(i) above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system, 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 3-12-2019 by Ord. No. 02-2019[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
B(7)(l), which immediately followed this subsection and provided that
no alternate design pilot program treatment system shall be installed
after 8-5-2007.
C.
Individual wastewater treatment facility and petroleum
tank maintenance.
(1)
The owner of every on-site septic wastewater treatment
facility in the Borough 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.,[2] and Section 201 of the Clean Water Act:
[Amended 2-23-1989 by Ord. No. 271]
(a)
Have the facility inspected by a technician
at least once every three years;
(b)
Have the facility cleaned at least once every
three years;
(c)
Once every three years submit to the board of
health service of the Borough 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.
[2]
Editor's Note: Chapter 326 of the Laws of
1975 amended the Solid Waste Management Act.
D.
Prohibited chemicals and materials.
(2)
All storage facilities for deicing chemicals shall
be lined to prevent leaking into the soil and shall be covered with
an impermeable surface which shields the facility from precipitation.
(3)
No person shall apply any herbicide to any road or
public utility right-of-way within the Borough unless necessary to
protect an adjacent agricultural activity.[4]
[Amended 2-23-1989 by Ord. No. 217]
[4]
Editor's Note: Original Section 701.6D(4),
concerning hazardous and toxic waste, as amended, which originally
followed this subsection, was deleted 5-8-1997 by Ord. No. 213A.
E.
Water management. Interbasin transfer of water between
watersheds shall be avoided to the maximum extent practical. Water
shall not be exported from the Borough except as otherwise provided
in N.J.S.A. 58:1A-7.
[Amended 2-23-1989 by Ord. No. 217]
A.
Scenic corridors identified.
(1)
Except for those roads which provide for internal
circulation within residentially developed areas, all public paved
roads in the Forest Area Districts, Forest Commercial District, Rural
Development Commercial District and the Rural Development District
shall be considered scenic corridors.
[Amended 2-23-1989 by Ord. No. 217; 12-10-2019 by Ord. No. 07-2019]
(2)
The Great Egg Harbor River shall be considered a special
scenic corridor.
B.
Special requirements for scenic corridors.
(1)
Except as otherwise provided in this subsection, no
permit shall be issued for development on a scenic corridor other
than for agricultural product sales establishments unless the applicant
demonstrates that all buildings are set back at least 200 feet from
the center line of the corridor.
(2)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands, or active agricultural operations, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of § 200-43 of this chapter so as to provide screening from the corridor.
[Amended 5-20-2004 by Ord. No. 9-2004]
(3)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 200-43 of this chapter so as to provide screening between the building and the corridor.
[Amended 5-20-2004 by Ord. No. 9-2004]
(4)
All structures within 1,000 feet of the center line
of the Great Egg Harbor River shall be designed to avoid visual impacts
as viewed from the corridor.
(5)
The requirements of Subsection B(1) through (3) above shall not apply to residential cluster developments that comply with the standards of § 200-15A(1) or 200-17A(1).
[Added 12-10-2019 by Ord.
No. 07-2019]
C.
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 or which are maintained for agricultural purposes.
D.
Location of utilities.
(1)
New utility distribution lines and telephone lines
to locations not presently served by utilities shall be placed underground
except for those lines which are located on or adjacent to active
agricultural operations.
(2)
Aboveground generating facilities, switching complexes,
pumping stations, storage tanks and substations shall be screened
with vegetation from adjacent uses in accordance with this chapter.
(3)
All electric transmission lines shall be located on
existing towers or underground to the maximum extent practical.
A.
The following vegetation classifications shall be
used in determining the fire hazard of a parcel of land:
[Amended 2-23-1989 by Ord. No. 217]
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, or oak-pine
| |
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine
| |
All classes of pine-scrub oak and pine-lowland
|
B.
No development shall be carried out in the Borough in vegetated areas which are classified as moderate, high or extreme hazard under the Fire Hazard Classification set out in Subsection A above unless such development complies with the following standards:
[Amended 2-23-1989 by Ord. No. 217]
(1)
All proposed developments, or units or sections thereof,
of 25 dwelling units or more will have two accessways of a width and
surface composition sufficient to accommodate and support fire-fighting
equipment;
(2)
All dead-end roads will terminate in a manner which
provides safe and efficient entry and exit for fire-fighting equipment;
(3)
The rights-of-way of all roads will be maintained
so that they provide an effective firebreak;
(4)
Except as provided in Subsection B(5) below, a fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(5)
All residential development of 100 dwelling units
or more in high or extreme high hazard areas will have a two-hundred-foot
perimeter fuel break between all structures and the forest in which:
(6)
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rag felt roofing, tile, slate, asbestos
cement shingles, sheet iron, aluminum, brick or fire-retardant-treated
wood shingles or shakes;
(b)
All projections such as balconies, decks and
roof gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals;
(c)
Any openings in the roof, attic and the floor
shall be screened;
(d)
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets;
(e)
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
[Amended 2-23-1989 by Ord. No. 217]
All developments within the Borough shall conform
to the following requirements:
A.
All recreation areas and facilities shall be designed
in accordance with the New Jersey Department of Environmental Protection
publication "Administration Guidelines: Barrier-Free Design Standards
for Parks and Recreational Facilities."
B.
Improved bicycling facilities shall be provided only
in conjunction with paved roads.
A.
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the governing body for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection E(2) below.
C.
Certificates of appropriateness shall be required
for the following:
(1)
Construction, encroachment upon, alteration, remodeling,
removal, disturbance or demolition of any resource designated by the
governing body or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
(2)
Development not otherwise exempted from review pursuant to § 200-66A(2) where a significant resource has been identified pursuant to Subsection E below.
[Amended 2-23-1989 by Ord. No. 217]
D.
Applications for certificates of appropriateness shall
include the information specified in N.J.A.C. 7:50-6.156(b).
E.
A cultural resource survey shall accompany all applications
for development in the VR and VI Districts and all applications for
major development in order to determine whether any significant historic
resources exist on the parcel. Guidelines for this survey are contained
in Appendix B of the "Cultural Resource Management Plan," dated April
1991, as amended. In general, the survey shall include a statement
as to the presence of any properties listed on the National and State
Registers of Historic Places on the site or within the area of the
projects; potential environmental impacts; a thorough search of state,
local and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
[Amended 5-8-1997 by Ord. No. 213A[2]]
(1)
This requirement for a survey may be waived by the
local approval agency if:
(a)
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of Pinelands culture; or
(2)
A resource shall be deemed to be significant if it
possesses integrity of location, design, setting, materials, workmanship,
feeling, and association which reflects its significance in American
history, architecture, archaeology or culture under one or more of
the following criteria:
(a)
The presence of structures, sites or areas associated
with events of significance to the cultural, political, economic or
social history of the nation, state, local community or the Pinelands;
or
(b)
The presence of structures, sites, or areas
associated with the lives of persons or institutions of significance
to the cultural, political, economic or social history of the nation,
state, local community or the Pinelands; or
(c)
The presence of structures that represent the
work of a master, or that possess high artistic values or that embody
the distinctive characteristics of a type, period or method of construction,
or that represent a distinguishable entity of significance to the
architectural, cultural, political, economic or social history of
the nation, state, local community or the Pinelands, although its
components may lack individual distinction; or
(d)
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the Pinelands.
F.
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board.
G.
The effect of the issuance of a certificate of appropriateness
is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection G(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection E above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-l 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 5-8-1997 by Ord. No. 213A]
H.
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity:
(1)
A narrative description of the resource and its cultural
environment;
(2)
Photographic documentation to record the exterior
appearance of buildings, structures, and engineering resources;
(3)
A site plan depicting in correct scale the location
of all buildings, structures, and engineering resources; and
(4)
A New Jersey state inventory form as published by
the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
I.
If archaeological data is discovered on a site at
any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board and the
Pinelands Commission to take all reasonable steps to protect the archaeological
data in accordance with the "Guidelines for the Recovery of Scientific,
Prehistoric, Historic and Archaeological Data: Procedures for Notification,
Reporting, and Data Recovery" (36 C.F.R. 66).
[Amended 5-8-1997 by Ord. No. 213A]
No hazardous or toxic substances, including
hazardous wastes, shall be stored, transferred, processed, discharged,
disposed or otherwise used in the Borough. 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 Borough in accordance with
the standards set forth in N.J.A.C. 7:50-6.
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.
A.
All development shall adhere to the relevant air quality
standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this
section shall be determined by means of an air quality simulation
model approved by the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:27-18.3.
[Amended 5-8-1997 by Ord. No. 213A]
B.
Applications for residential development of 100 or
more units and any other development involving more than 300 parking
spaces located in any district in the Borough shall ensure that all
state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon
monoxide shall not be exceeded at places of maximum concentration
and at sensitive receptors.
A.
Application requirements. Any application filed for
approval of resource extraction operations in the Borough shall include
at least the following information:
(1)
The applicant's name and address and his interest
in the subject property;
(2)
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation
and street address, if any, of the subject property;
(4)
A description of all existing uses of the subject
property;
(5)
A brief written statement generally describing the
proposed development;
(6)
A USGS quadrangle map, or copy thereof, and a copy
of the municipal tax map sheet on which the boundaries of the subject
property and the Pinelands management area designation and zoning
designation are shown;
(7)
A topographic map at a scale of one inch equals 200
feet, showing the proposed dimensions, location and operations on
the subject property;
(8)
The location, size and intended use of all buildings;
(9)
The location of all points of ingress and egress;
(10)
A location map, including the area extending
at least 300 feet beyond each boundary of the subject property, showing
all streams, wetlands and significant vegetation, forest associations
and wildlife habitats;
(11)
The location of all existing and proposed streets
and rights-of-way, including railroad rights-of-way;
(12)
A soils map;
(13)
A reclamation plan which includes:
(a)
Method of stockpiling topsoil and overburden;
(b)
Proposed grading and final elevations;
(c)
Topsoil material application and preparation;
(d)
Type, quantity and age of vegetation to be used;
(e)
Fertilizer application, including method and
rates;
(f)
Planting method and schedules; and
(g)
Maintenance requirements schedule;
(14)
A signed acknowledgment from both the owner
and the applicant that they are responsible for any resource extraction
activities which are contrary to any provision of this chapter or
of the approved resource extraction plan done by any agent, employee,
contractor, subcontractor or any other person authorized to be on
the parcel by either the owner or the applicant;
(15)
A financial surety, guaranteeing performance of the requirements of Subsections B and C in the form of a letter of credit, certified check surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Borough as the obligee, shall be posted by the property owner or his agent with the Borough;
(16)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations;
and
B.
Resource extraction standards. Resource extraction
operations shall be approved only if the applicant can demonstrate
that the proposed resource extraction operation:
(1)
Will not result in a substantial adverse impact upon
those significant resources depicted on the Special Areas Map, Figure
7.1;
(2)
Is designed so that no area of excavation, sedimentation
pond, storage area, equipment, or machinery or other structure or
facility is closer than 200 feet to any property line; unless it can
be demonstrated that a distance between 100 and 200 feet will not
result in greater off-site environmental impacts;
(3)
Is to be located on a parcel of land of at least 20
acres;
(4)
Provides that all topsoil that is necessary for restoration
will be stored on the site but not within 200 feet of any property
line unless the area proposed for storage is unforested and will be
restored; and that the topsoil will be protected from wind and water
erosion;
(5)
Is fenced or blocked so as to prevent unauthorized
entry into the resource extraction operation through access roads;
(6)
Provides ingress and egress to the resource extraction
operation from public roads by way of gravel or porous paved roadways;
(7)
Is designed so that surface runoff will be maintained
on the parcel in a manner that will provide for on-site recharge to
groundwater;
(8)
Will not involve excavation exceeding 65 feet below
the natural surface of the ground existing prior to excavation unless
it can be demonstrated that a depth greater than 65 feet will result
in no significant adverse impact relative to the proposed final use
or on off-site areas;
(9)
Will be carried out in accordance with an extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection B(11) below.
[Amended 5-8-1997 by Ord. No. 213A]
(10)
Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the requirements of Subsection C, and the implementation of the restoration plan is secured by a letter of credit, surety bond or other guarantee of performance; and
(11)
Will not involve clearing adjacent to ponds
in excess of 20 acres or an area necessary to complete scheduled operations;
or will not involve unreclaimed clearing exceeding 100 acres or 50%
of the area to be mined, whichever is less, for surface excavation
at any time.
C.
Restoration standards. All parcels of land which are
used for resource extraction operations shall be restored as follows:
(1)
Restoration shall be a continuous process, and each
portion of the parcel shall be restored such that ground cover be
established within two years and tree cover established within three
years after resource extraction is completed for each portion of the
site mined;
(2)
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in Subsection B(9);
(3)
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster revegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection C(6) below;
[Amended 5-8-1997 by Ord. No. 213A]
(4)
Topsoil shall be restored in approximately the same
quality and quantity as existed at the time the resource extraction
operation was initiated. All topsoil removed shall be stockpiled and
used for the next area to be restored, unless it is immediately reused
for reclamation that is currently underway;
[Amended 5-8-1997 by Ord. No. 213A]
(5)
Drainage flows, including direction and volume, shall
be restored to the maximum extent practical to those flows existing
at the time the resource extraction operation was initiated;
(6)
Any body of water created by the resource extraction
operation shall have a shoreline not less than three feet above and
three feet below the projected average water table elevation. The
shoreline both above and below the surface water elevation shall have
a slope of not less than five feet horizontal to one foot vertical.
This requirement shall apply to any water body or portion of a water
body created after December 5, 1994. For any water body or portion
of a water body created prior to December 5, 1994, this requirement
shall apply to the extent that it does not require grading of areas
which have not been disturbed by mining activities. Where grading
would require such disturbance, a reduction in the distance of the
graded shoreline above and below the average water table elevation
shall be permitted;
[Amended 5-8-1997 by Ord. No. 213A]
(7)
All equipment, machinery and structures, except for
structures that are usable for recreational purposes or any other
use authorized in the area, shall be removed within six months after
the resource extraction operation is terminated and restoration is
completed;
(8)
Reclamation shall to the maximum extent practical
result in the reestablishment of the vegetation association which
existed prior to the extraction activity and shall include:
[Amended 5-8-1997 by Ord. No. 213A]
(a)
Stabilization of exposed areas by establishing
ground cover vegetation; and
(b)
Reestablishment of the composition of the natural
forest and shrub types that existed prior to the extraction activity
through one of the following:
[1]
The planting of a minimum of 1,000 one-year-old
pitch pine seedlings or other native Pinelands tree species per acre
in a random pattern;
[2]
Cluster planting of characteristic Pinelands
oak species, such as blackjack oak, bear oak, chestnut oak and black
oak, and shrubs such as black huckleberry, sheep laurel and mountain
laurel, at a spacing sufficient to ensure establishment of these species;
[3]
A combination of the planting techniques set forth in Subsection C(8)(b)[1] and [2] above; or
[4]
The use of other planting techniques or native
Pinelands species as may be necessary to restore the vegetation association
which existed prior to the extraction activity.
(9)
Slopes beyond a water body's shoreline shall be permitted
at the natural angle of repose to the bottom of the pond;
[Added 5-8-1997 by Ord. No. 213A]
(10)
The letter of credit, surety bond, or other guarantee of performance which secures restoration for each section shall be released after the requirements of Subsection C(1) through (9) above are determined by the Borough or the Commission, as appropriate, as being met and is replaced with a maintenance guarantee for a period of two years thereafter.
[Amended 2-2-1987 by Ord. No. 217; 5-8-1997 by Ord. No. 213A]