Borough of Folsom, NJ Borough Development Standards

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.

§ 200-42 Wetlands.

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]

(1)

Horticulture of native Pinelands species in accordance with the requirements of § 200-46.

(2)

Berry agriculture in accordance with the requirements of § 200-46.

(3)

Beekeeping.

(4)

Forestry in accordance with the requirements of § 200-45.

(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:

(a)

There is a demonstrated need for the facility that cannot be met by existing facilities;

(b)

The development conforms to all state and federal regulations; and

(c)

The development will not result in a significant adverse impact, as set forth in Subsection B below.

(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.

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.

(3)

Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.

§ 200-43 Vegetation and landscaping.

[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No. 213A]

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.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(1)

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(2)

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.

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.

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.

§ 200-44 Fish and wildlife.

[Amended 2-23-1989 by Ord. No. 217]

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]

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.

§ 200-45 Forestry.

[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No. 213]

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.

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.

(c)

A scaled map or statement indicating how the standards set forth in Subsections C(2), (3), (4), (6), (9) and (10) below will be met;

(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

(k)

When prior approval for the forestry activities has been granted by the Zoning Officer or other Borough approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 200-66.

(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:

[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; and

[f]

Herbicide treatments.

[5]

A description, if appropriate, of the forest products to be harvested, including the following:

[a]

Volume: cords, board feet;

[b]

Diameter breast height (DBH) classes and average diameter;

[c]

Age;

[d]

Heights; and

[e]

Number of trees per acre.

[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.

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.

(5)

All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§ 200-43E and 200-44;

(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.

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.

(6)

In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in § 200-66D through G.

(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.

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.

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.

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.

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:

(1)

Erosion and runoff: Soil Conservation Service Technical Guide;

(2)

Animal waste: Soil Conservation Service Animal Waste Management Field Manual; and

(3)

Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.

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.

§ 200-47 Water quality.

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.

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]

(a)

The standards set forth in Subsections B(4)(a) and (c) through (h) above are met;

(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)

(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.

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.

(2)

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[3]

[3]

Editor's Note: See N.J.S.A. 58:10A-21 et seq.

Prohibited chemicals and materials.

(1)

Use of the following substances is prohibited in the Borough to the extent that such use will result in direct or indirect introduction of such substances to any surface water or groundwater or any land:

[Amended 2-23-1989 by Ord. No. 217]

(a)

Septic tank cleaners;

(b)

Waste oil.

(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.

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]

§ 200-48 Scenic corridors.

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.

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]

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.

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.

§ 200-49 Fire management.

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

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:

(a)

In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:

[1]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

[2]

All dead plant material is removed.

(b)

In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:

[1]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and

[2]

All dead plant material is removed.

(c)

In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:

[1]

Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis;

[2]

No pine tree (Pinus spp.) is closer than 25 feet to another pine tree; and

[3]

All dead plant material is removed.

(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:

(a)

Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;

(b)

All dead plant material is removed;

(c)

Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and

(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.

§ 200-50 Recreation areas and facilities.

[Amended 2-23-1989 by Ord. No. 217]

All developments within the Borough shall conform to the following requirements:

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."

Improved bicycling facilities shall be provided only in conjunction with paved roads.

§ 200-51 Historic resource preservation.

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.

Authority to issue certificates of appropriateness. The Planning Board shall issue all certificates of appropriateness.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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]

Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

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

(c)

The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection E(2) below.

(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.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

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]

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.

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).

§ 200-52 Waste management.

[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.

§ 200-53 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.

§ 200-54 Air quality.

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]

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.

§ 200-55 Resource extraction.

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

(17)

When prior approval for the development has been granted by an approving agency, evidence of Pinelands Commission review pursuant to § 200-66E.

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.

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]