[Added 3-8-1983 by Ord. No. 3-83]
The provisions of this article shall apply only to the Pinelands
Area portion of Eagleswood Township and shall be considered supplemental
to the requirements of the balance of this chapter. Lands within the
Pinelands Area, as defined herein, shall be subject to all provisions
of this chapter. When a requirement or definition in this article
conflicts with other provisions of this chapter, the provisions of
this article shall supersede the provisions of the remainder of this
chapter.
A.
The following terms utilized in this article are used as defined
in the New Jersey Comprehensive Management Plan, adopted by the New
Jersey Pinelands Commission pursuant to Section 7 of the "Pinelands
Protection Act" (N.J.S.A. 13:18A-1 et seq.), and are in accordance
with N.J.A.C. 7:50-2.11, as amended, except where otherwise noted:
accessory structure or use; agricultural commercial establishments;
agricultural employee housing; agricultural or horticultural purpose
or use; agricultural products processing facility; animals, threatened
or endangered; application for development; artificial regeneration;
bedding; broadcast scarification; camper; campsite; certification
of appropriateness; certificate of conformity; certificate of filing;
clearcutting; commencement of construction; Commission; comprehensive
management plan; contiguous lands; coppicing; density; development;
development, major; development, minor; disking; district; drainage;
drum chopping; dwelling; dwelling unit; electric distribution line;
electric transmission line; enlargement; erosion; Executive Director;
federal act; first order stream; fish and wildlife management; floodplains;
floor area; forest stand; group selection; habitat; historic district;
historic resource; hydrophytes; immediate family; impermeable surface;
impervious surface; individual selection; institutional uses; interested
person or party; interim rules and regulations; land; landfill; landscaping;
leachate collector; local communications facility; mobile home; natural
regeneration; navigable waters; off-site commercial advertising sign;
parcel; permeability; Pinelands; Pinelands Area; Pinelands Development
Review Board; Pinelands native forest type; Pinelands Protection Act;
Pinelands resource-related use; plants, threatened or endangered;
preapplication conference; Preservation Area; Protection Area; public
service infrastructure; recommended management practice; record tree;
recreational facility, intensive; recreational facility, low intensive;
resource conservation plan; resource extraction; resource management
system plan; root raking; scenic corridors; seed tree cut; shelterwood
cut; sign; solar energy facility; structural alteration; submerged
lands; thinning; utility distribution line; vegetation; wetlands (N.J.A.C.
7:50-6.5); wetlands management; wetlands soils.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97; 12-28-2011 by Ord. No. 2011-08; 7-27-2015 by Ord. No. 2015-11; 11-26-2018 by Ord. No. 2018-6]
B.
APPROVING AUTHORITY
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
FORESTRY
(1)
(2)
(3)
(4)
(5)
(6)
PINELANDS AREA
PINELANDS DEVELOPMENT CREDIT
PUBLIC PURPOSE/PUBLIC DEVELOPMENT
SEASONAL HIGH-WATER TABLE
SITE PLAN, MAJOR
SITE PLAN, MINOR
As used in this article, the following terms shall have the meanings
indicated:
Any board, body or other agency with the authority to approve
or disapprove subdivisions, site plans, construction permits or other
applications for development approval.
Any approval granted by any approving authority, except certificates
of occupancy and variances pursuant to N.J.S.A. 40:55D-70, which do
not otherwise include an issuance of a construction permit, subdivision
or site plan approval.
Any construction or expansion of any housing development
of five or more dwelling units; or any construction or expansion of
any commercial or industrial use or structure on a site of more than
three acres; or any grading, clearing or disturbance of an area in
excess of 5,000 square feet.
[Added 4-11-1989 by Ord. No. 7-89]
All development other than that requiring a major site plan.
[Added 4-11-1989 by Ord. No. 7-89]
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 6-19-1997 by Ord. No. 10-97; 12-28-2011 by Ord. No. 2011-08]
Removal of trees located on a parcel of land of one acre or
less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
That area of Eagleswood Township designated as part of the
Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection
Act (N.J.S.A. 13:18A-1 et seq.), being that portion of the Township
lying west of the Garden State Parkway right-of-way.
A use right allocated to certain lands within Eagleswood
Township and the Pinelands Area pursuant to N.J.A.C. 7:50-5.43 that
can be used to secure a residential density bonus on certain other
lands within the Pinelands Area.
The development or subdivision of land by the Township Committee,
School Board or any other officially created municipal agency or authority.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
Any construction or expansion of any housing development
of five or more dwelling units; or any construction or expansion of
any commercial or industrial use or structure on a site of more than
three acres; or any grading, clearing or disturbance of an area in
excess of 5,000 square feet.
All development other than that requiring a major site plan.
A.
List of zones. In order to regulate and limit the type and location
of uses, and density and intensity with which lands are to be utilized,
the Pinelands Area is hereby divided into two zones, which shall be
known as:
|
PA—Preservation Area Zone
| |
|
FA—Forest Area Zone
|
B.
Official Zoning Map. The boundaries of the two zones established
herein are shown upon the map accompanying this chapter, made a part
thereof and entitled "Official Zoning Map of Eagleswood Township."
Use of land in the Preservation Area Zone shall be limited to
the following:
B.
Agricultural employee housing as an element of and accessory to an
active agricultural operation.
C.
Berry agriculture and horticulture of native plants and other agricultural
activities compatible with the existing soil and water conditions
that support traditional Pinelands berry agriculture.
D.
Forestry.
E.
Beekeeping.
F.
Fish and wildlife management and wetlands management.
[Amended 12-28-2011 by Ord. No. 2011-08]
G.
Low-intensity recreational uses, provided that:
(1)
The parcel proposed for low-intensity recreational use has an area
of at least 50 acres;
(2)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(3)
Access to bodies of water is limited to no more than 15 linear feet
of frontage per 1,000 feet of water body frontage;
(4)
The parcel will contain no more than one campsite per two acres,
provided that the campsites shall not be clustered at a net density
exceeding six campsites per acre;
(5)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel; and
(6)
No more than 1% of the parcel will be covered by impervious surfaces.
[Amended 12-28-2011 by Ord. No. 2011-08]
H.
Public service infrastructure which is necessary to serve only the
needs of the Preservation Area Zone. Centralized wastewater treatment
and collection facilities shall be permitted to serve the Preservation
Area Zone only in accordance with N.J.A.C. 7:50-6.84(a)2.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97]
J.
Accessory uses.
K.
Pinelands development credits established.
[Amended 4-11-1989 by Ord. No. 7-89; 12-11-1990 by Ord. No. 20-90]
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection K(2) below, every parcel of land in the Preservation Area Zone shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a municipality which has provided for the use of such credits by ordinance. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 12-8-1992 by Ord. No. 20-92]
(2)
Pinelands development credits are hereby established in the Preservation
Area Zone at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved
for resource extraction pursuant to this chapter: two Pinelands development
credits per 39 acres;
[Amended 6-19-1997 by Ord. No. 10-97]
(b)
Uplands which are mined as a result of a resource extraction
permit approved pursuant to this chapter: zero Pinelands development
credits per 39 acres;
(c)
Other uplands: one Pinelands development credit per 39 acres;
and
(d)
Wetlands: 0.2 Pinelands development credits per 39 acres.
(3)
The allocations established in Subsection K(2) above shall be reduced as follows:
(a)
Any property of 10 acres or less which is developed for a commercial,
industrial, resource extraction, intensive recreation, institutional,
campground or landfill use shall not receive Pinelands development
credit entitlement. For such an improved property of more than 10
acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement of a parcel of
land shall be reduced by 0.25 Pinelands development credit for each
existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection K(7) below or when a variance for cultural housing is approved by the Township in accordance with § 295-66E of this chapter.
[Amended 12-8-1992 by Ord. No. 20-92]
(d)
The PDC entitlement for a parcel of land shall also be reduced
by 0.25 PDC for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61
et seq., when a waiver of strict compliance is granted by the Pinelands
Commission.
[Added 12-8-1992 by Ord. No. 20-92]
(4)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection K(2) above for the area in which the parcel is located.
(5)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family. The provisions of this subsection shall also apply to owners of record of less than 0.10 acres of land in the Preservation Area Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection K(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Amended 6-19-1997 by Ord. No. 10-97]
(6)
No Pinelands development credit may be conveyed, sold, encumbered
or transferred unless the owner of the land from which the credit
has been obtained has received a Pinelands development credit certificate
from the New Jersey Pinelands Development Credit Bank pursuant to
N.J.A.C. 3:42-3 and has deed-restricted the use of the land in perpetuity
to those uses set forth in N.J.A.C. 7:50-5.47(b) by a recorded deed
restriction which is in favor of a public agency or not-for-profit
incorporated organization and specifically and expressly enforceable
by the Pinelands Commission.
[Amended 6-19-1997 by Ord. No. 10-97]
(7)
Notwithstanding the provision of Subsection K(6) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
(8)
No conveyance, sale or transfer of Pinelands development credits
shall occur until the municipality with jurisdiction over the parcel
of land from which the Pinelands development credits were obtained,
the agency or organization to which the restriction is in favor, and
the Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
(9)
Such deed restriction shall specify the number of Pinelands development
credits sold and that the property may only be used in perpetuity
for the following uses:
(a)
In the Preservation Area Zone: berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; agricultural employee housing as
an accessory use; low-intensity recreational uses in which the use
of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel, and no more than 1% of the parcel
will be covered with impervious surfaces; and accessory uses.
[Amended 12-28-2011 by Ord. No. 2011-08; 11-26-2018 by Ord. No. 2018-6]
(b)
In all other Pinelands zoning districts: agriculture; forestry
and low-intensity recreational uses.
[Added 12-8-1992 by Ord. No. 20-92]
(10)
Pinelands development credits shall be used in the following
manner:
[Added 12-8-1992 by Ord. No. 20-92]
(11)
No development involving the use of PDCs shall be approved until
the developer has provided the Pinelands Commission and the Township
with evidence of his ownership of the requisite PDCs; provided, however,
that the Township may grant preliminary subdivision or site plan approval
conditioned upon such evidence being presented as a prerequisite to
final subdivision or site plan approval. For such a final subdivision
or site plan, the developer shall provide evidence of PDC ownership
to secure the same proportion of lots or residential units as was
approved for PDC use in the preliminary approval. In no case shall
a building or construction permit be issued for any development involving
the use of PDCs until the developer has provided the Pinelands Commission
and the Township with evidence of his ownership of the requisite PDCs
and those PDCs have been redeemed with the Township.
[Added 12-8-1992 by Ord. No. 20-92]
L.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Preservation Area Zone shall be less than that needed to meet the water quality standards of § 295-71F(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 4-11-1989 by Ord. No. 7-89]
A.
The following uses shall be permitted in the Forest Area Zone:
(1)
Detached single-family dwelling units on 3.2 acres in accordance with the provisions of § 295-66D.
[Amended 4-11-1989 by Ord. No. 7-89]
(2)
Detached single-family residential dwelling units in accordance with the standards below, provided that clustering of the permitted dwellings shall be required in accordance with Subsection A(10) below whenever two or more units are proposed as part of a residential development.
[Amended 12-28-2011 by Ord. No. 2011-08]
(3)
Agriculture.
(4)
Agricultural employee housing as an element of and necessary to an
active agricultural operation.
(5)
Forestry.
(6)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an
area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles
except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear
feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance,
does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered by impervious
surfaces.
[Amended 12-28-2011 by Ord. No. 2011-08]
(7)
Public service infrastructure intended to primarily serve the needs
of the Pinelands. Centralized wastewater treatment and collection
facilities shall be permitted to serve the Forest Area Zone only in
accordance with N.J.A.C. 7:50-6.84(a)2.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97]
(9)
Accessory uses.
(10)
Detached single-family residential dwelling units on lots of 1.0 acre in accordance with the provisions of § 295-66E; and
[Added 12-8-1992 by Ord. No. 20-92]
(11)
Residential cluster development. Clustering of detached single-family
residential dwelling units in the Forest Area Zone shall be required
whenever two or more units are proposed as part of a residential development.
The following standards shall apply.
[Added 12-28-2011 by Ord. No. 2011-08]
(a)
Permitted density: one unit per 17 acres.
(b)
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in Subsection A(11)(a) above, with a bonus applied as follows:
(c)
The residential cluster shall be located on the parcel such
that the development area:
(d)
Development within the residential cluster shall be designed
as follows:
[1]
Residential lots shall be one acre in size, but may be larger
if dictated by unusual site conditions. In no case shall the average
size of residential lots within a cluster exceed 1.1 acres.
[3]
Individual on-site septic wastewater treatment systems, which are not intended to reduce the level of nitrate/nitrogen in the waste, that comply with the standards of § 295-71F(4)(d) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection A(11)(e)[2][b] below, individual on-site septic wastewater treatment systems shall comply with the standards of § 295-71F(4)(e) or N.J.A.C. 7:50-10.21 through 7:50-10.23. Community on-site wastewater treatment systems serving two or more residential dwelling units, which meet the standards of § 295-71F(4)(e) or N.J.A.C. 7:50-10.21 through 7:50-10.23, shall also be permitted.
[4]
The residential cluster development area shall include such
land and facilities as are necessary to support the development, including
wastewater facilities, stormwater management facilities and recreation
amenities.
[5]
Permitted recreation amenities may include playgrounds, tot-lots,
swimming pools, tennis courts and other such recreational facilities,
which are solely for use by the residents of the cluster development.
Recreational amenities shall not be limited to the foregoing so that
the applicant may propose additional facilities. All such facilities
shall be accessory to the residential cluster development. No advertising
or commercial enterprise shall be permitted. In no case may such amenities
occupy more than 1/2 acre of land or the equivalent of one acre of
land for every 25 residential lots, whichever is greater.
(e)
The balance of the parcel located outside of the residential
cluster development shall be owned and managed by a duly constituted
homeowners' association, a nonprofit conservation organization, Eagleswood
Township, or incorporated as part of one of the lots within the cluster
development area.
[1]
All such land shall be permanently protected through recordation
of a deed of conservation restriction. Such restriction shall be in
favor of Eagleswood Township or another public agency or nonprofit
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission; and
[2]
The deed of restriction shall permit the parcel to be managed
for:
[a]
Low-intensity recreation, ecological management
and forestry, provided that no more than 5% of the land may be cleared,
no more than 1% of the land may be covered with impervious surfaces,
and any such uses or activities are approved and conducted in accordance
with the requirements of this chapter; and
[b]
Where agricultural use exists on a parcel proposed
for cluster development, the following standards shall apply:
[i]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[ii]
For those agricultural uses established after
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for cluster development;
[iii]
For those agricultural uses established after
April 6, 2009, which do not meet the standards of Subsection A(11)(e)[2][b][ii]
above, the deed of restriction shall permit the land to be managed
only in accordance with Subsection A(11)(e)[2][a] above and shall
not provide for continuation of any agricultural use on the parcel;
[iv]
The deed of restriction to be recorded pursuant
to Subsection A(11)(e)[2][b][i] or [ii] above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a resource management
system plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
resource management system plan shall be provided. If the deed of
restriction is in favor of Ocean County or the State Agricultural
Development Committee, evidence of their approval shall also be provided;
and
[v]
For parcels which meet the standards of Subsection
A(11)(e)[2][b][i] and [ii] above, a provision shall be recorded in
the deed for each residential lot within the cluster development area
which acknowledges agricultural use of the protected land outside
the cluster development area and recognizes the legal protections
afforded to that use through the deed of restriction and any applicable
statutes.
B.
Conditional uses.
(1)
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or
satellite development in the Forest Area Zone;
(b)
The application has demonstrated that adequate public service
infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the Forest
Area Zone in which the use is to be located.
(2)
Pinelands resource-related industrial or manufacturing uses, excluding
resource extraction and uses that rely on sand or gravel as raw products,
provided that:
(3)
Campgrounds, not to exceed one campsite per gross acre, provided
that the campsites may be clustered at a net density not to exceed
10 campsites per acre.
[Amended 6-19-1997 by Ord. No. 10-97]
(4)
Agricultural commercial establishments, excluding supermarkets, restaurants
and convenience stores, provided that:
[Amended 4-11-1989 by Ord. No. 7-89]
(5)
Fish and wildlife management and wetlands management.
[Amended 12-28-2011 by Ord. No. 2011-08]
(6)
Detached single-family dwelling units on 1.0 acre lots, existing
as of January 14, 1981, shall be permitted in the FA Zone, provided
that:
[Amended 12-8-1992 by Ord. No. 20-92]
(a)
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least 17
acres;
(b)
All lands acquired pursuant to Subsection B(6)(a) above, which may or may not be developable, are located within the FA Zone;
(c)
All noncontiguous lands acquired pursuant to Subsection B(6)(a) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 12-28-2011 by Ord. No. 2011-08]
[1]
The deed of restriction shall permit the parcel to be managed
for:
[a]
Low-intensity recreation, ecological management
and forestry, provided that no more than 5% of the land may be cleared,
no more than 1% of the land may be covered with impervious surfaces,
and any such uses or activities are approved and conducted in accordance
with the requirements of this chapter;
[b]
Where agricultural use exists on a parcel proposed
to be protected, the following standards shall apply:
[i]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[ii]
For those agricultural uses established after
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for density transfer;
[iii]
For those agricultural uses established after
April 6, 2009, which do not meet the standards of Subsection B(6)(c)[1][b][ii]
above, the deed of restriction shall permit the land to be managed
only in accordance with Subsection B(6)(c)[1][a] above and shall not
provide for continuation of any agricultural use on the parcel; and
[iv]
The deed of restriction to be recorded pursuant
to Subsection B(6)(c)[1][b][i] or [ii] above shall authorize agricultural
uses and provide that impervious surface may not exceed that which
currently exists or 3%, whichever is greater, unless a resource management
system plan has been prepared. Before these impervious surface limits
may be exceeded, evidence of Pinelands Commission approval of the
resource management system plan shall be provided. If the deed of
restriction is in favor of Ocean County or the State Agricultural
Development Committee, evidence of their approval shall also be provided.
[2]
The deed of restriction shall be in favor of the parcel to be
developed and the Township or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Township Attorney and the Pinelands Commission.
(d)
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
C.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the FA Zone shall be less than that needed to meet the water quality standards of § 295-71F(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 4-11-1989 by Ord. No. 7-89]
[Amended 6-19-1997 by Ord. No. 10-97]
Notwithstanding the density limitations or other provisions
of this chapter, a single-family dwelling may be developed on any
parcel of land of one acre or more in the Forest Area Zone, provided
that:
A.
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
B.
The parcel has been in the continuous ownership since February 7,
1979, of the person whose principal residence the dwelling unit will
be, a member of that person's immediate family, or a partnership or
corporation in which members of that person's immediate family collectively
own more than a majority interest in such partnership or corporation;
C.
The parcel was not in common ownership with any contiguous land on
or after February 8, 1979, that contains substantial improvements;
and
D.
The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
[Amended 4-11-1989 by Ord. No. 7-89]
The following general regulations apply only to the development of lands in the Pinelands Area and are in addition to those regulations cited in Article III of this chapter:
A.
Expansion of existing uses. Notwithstanding the use restrictions contained in §§ 295-63 and 295-64 of this chapter, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in this chapter, may be expanded or altered, provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
(1)
The use was not abandoned or terminated subsequent to January 14,
1981;
(2)
The expansion or alteration of the use is in accordance with all of the minimum standards of § 295-71; and
(3)
The area of expansion does not exceed 50% of the floor area, the
area of the use or the capacity of the use, whichever is applicable,
on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4,
Part V.
B.
Height limitations.
[Amended 6-19-1997 by Ord. No. 10-97]
(2)
The height limitation in Subsection B(1) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform with the objectives of § 295-71G: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy.
C.
Single use per lot. Within the Pinelands Area, no more than one principal
use shall be located on one lot, except for forestry, agriculture,
horticulture, fish and wildlife management, wetlands management and
recreational development on agricultural lands.
[Amended 12-28-2011 by Ord. No. 2011-08]
D.
Cultural housing. Residential dwellings on 3.2 acre lots may be permitted
in the Preservation Area and Forest Area Zones, provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
(1)
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
(2)
The individual whose principal residence the dwelling unit will be
has not developed a dwelling unit under this section within the previous
five years;
(3)
The parcel of land on which the dwelling is to be located has been
in the continuous ownership since February 7, 1979 of the person whose
principal residence the dwelling unit will be, a member of that person's
immediate family, or a partnership or corporation in which members
of that person's immediate family collectively own more than a majority
interest in such partnership or corporation; and
(4)
The person whose principal residence the dwelling unit will be has
resided in the Pinelands for at least five years, and that person
or one or more members of that person's immediate family has resided
in the Pinelands for a total of at least 20 different years.
E.
Additional provisions for cultural housing. Residential dwelling
units on one-acre lots may be permitted within the PA and FA Zones,
provided that:
[Added 12-8-1992 by Ord. No. 20-92]
(2)
The lot to be developed existed as of February 8, 1979, or was created
as a result of an approval granted by the Pinelands Development Review
Board or the Pinelands Commission pursuant to the Interim Rules and
Regulations prior to January 14, 1981;
(3)
The applicant qualifies for and receives from the Township a variance from the 3.2-acre lot size requirement set forth in Subsection D above;
(4)
The applicant purchases and redeems 0.25 Pinelands development credit;
and
(5)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 295-63K(3) of this chapter.
[Amended 4-11-1989 by Ord. No. 7-89]
A.
No person shall carry out any development within the Pinelands Area
without obtaining approval from an approving authority and without
obtaining development approval in accordance with the procedures set
forth in this chapter.
C.
Site plan approval shall be required prior to the issuance of a zoning permit for all applications except those exempted pursuant to Subsection D below and those which involve a single-family or two-family dwelling.
[Amended 6-27-1989 by Ord. No. 11-89]
D.
Except as provided in Subsection E below, the following shall not be subject to the procedures set forth in this chapter:
(1)
The improvement, expansion or reconstruction within five years of
destruction or demolition of any single-family dwelling unit or appurtenance
thereto;
(2)
The improvement, expansion, construction or reconstruction of any
structure accessory to a single-family dwelling;
(3)
The improvement, expansion, construction or reconstruction of any
structure used exclusively for agricultural or horticultural purposes;
(4)
The construction, repair or removal of any sign, except for the construction
or replacement of any off-site commercial advertising sign;
(5)
The repair of existing utility distribution lines;
[Amended 6-19-1997 by Ord. No. 10-97]
(6)
The clearing of less than 1,500 square feet of land;
(7)
The construction of any addition or accessory structure for any nonresidential
use or any multifamily residential structure provided that:
[Amended 11-26-2018 by Ord. No. 2018-6]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(8)
The demolition of any structure that is less than 50 years old;
(9)
The installation of utility distribution lines, except for sewage
lines, to serve areas which are effectively developed or development
which has received all necessary approvals and permits;
[Added 6-19-1997 by Ord. No. 10-97]
(10)
The repair or replacement of any existing on-site wastewater
disposal system;
[Added 6-19-1997 by Ord. No. 10-97]
(11)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width or area of said roads and
surfaces will occur.
[Added 6-19-1997 by Ord.
No. 10-97; amended 11-26-2018 by Ord. No. 2018-6]
(12)
The clearing of land solely for agricultural or horticultural
purposes.
[Added 6-19-1997 by Ord.
No. 10-97; amended 11-26-2018 by Ord. No. 2018-6]
(13)
Fences, provided no more than 1,500 square feet of land is to
be cleared;
[Added 6-19-1997 by Ord. No. 10-97]
(14)
Aboveground telephone equipment cabinets;
[Added 6-19-1997 by Ord. No. 10-97]
(15)
Tree pruning;
[Added 6-19-1997 by Ord. No. 10-97]
(16)
The following forestry activities:
[Added 6-19-1997 by Ord. No. 10-97]
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity, and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
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.
(17)
Prescribed burning and the clearing and maintaining of firebreaks;
or
[Added 6-19-1997 by Ord. No. 10-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 295-35A(2) or 295-68B(1)(o).
[Added 6-19-1997 by Ord. No. 10-97]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 11-26-2018 by Ord.
No. 2018-6]
(20)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 11-26-2018 by Ord.
No. 2018-6]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 11-26-2018 by Ord.
No. 2018-6]
(22)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 11-26-2018 by Ord.
No. 2018-6]
E.
The exceptions contained in Subsection D above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
F.
Nothing herein shall preclude any local or state agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
[Amended 4-11-1989 by Ord. No. 7-89]
A.
Minor development. Any application for approval of minor development
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 designation and the zoning designation are
shown;
(7)
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities. Location, size, type and capacity
of any proposed on-site wastewater treatment facilities; and
(b)
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at a suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 295-71F.
(8)
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings
adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies and existing roads;
(9)
A soils map including a county soils survey which conforms to the
guidelines of the United States Department of Agriculture Natural
Resources Conservation Service, showing the location of all proposed
development;
(10)
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the tree line before and after
development and all areas to be disturbed as a result of the proposed
development;
(11)
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.
Application requirements for other development.
(1)
Major development. Any application for approval of major development,
except for forestry operations, shall include at least the following
information:
(a)
The applicant's name and address and his interest in the subject
property;
(b)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(c)
The legal description, including block and lot designation and
street address, if any, of the subject property;
(d)
A description of all existing uses of the subject property;
(e)
A brief written statement generally describing the proposed
development, the number of total units, and the floor area of all
units to be included in the proposed development;
[Amended 6-19-1997 by Ord. No. 10-1997]
(g)
A plat or plan showing the location of all boundaries of the
subject property, the location of all proposed development, and existing
or proposed facilities to provide water for the use and consumption
of occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed wastewater treatment facilities:
[1]
Sanitary sewer distribution. Location, size and direction of
flow of all existing and proposed sanitary sewer lines and pumping
stations serving the proposed development and all existing and proposed
connections to existing facilities;
[2]
On-site treatment facilities. Location, size, type and capacity
of any proposed on-site wastewater treatment facilities, including,
except with respect to discharges into an individual residential septic
system, quantities, composition, proposed pretreatment and ultimate
means of disposal;
[3]
Soil borings and percolation tests. If on-site sewage disposal
is proposed, results of soil borings and percolation tests in accordance
with the requirements of N.J.S.A. 58:11-23 et seq., and the regulations
adopted pursuant thereto, shall be submitted with a tract map showing
the location, logs and elevations of all test holes, indicating where
groundwater was encountered, and estimating the seasonal high-water
table; and
[4]
The proposed hours and days of operation and number of employees
of any nonresidential facility.
(h)
A project site base map, at a scale of no less than one inch
to 200 feet and including the areas extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings,
if any, adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the site, all proposed development, wetlands,
streams (including intermittent streams), rivers, lakes and other
water bodies, and existing roads;
(i)
A soils map including a county soils survey in conformance with
the guidelines of the United States Department of Agriculture Natural
Resources Conservation Service, at the same size and scale as the
project site base map, delineating all soil series at an appropriate
level of detail and, in sewered projects, sufficient soil borings
to confirm the accuracy of the soils map;
(j)
A slope map, at the same size and scale as the project site
base map, indicating contour elevations at two-foot intervals;
(k)
A resource capability map, at the same size and scale as the
project site base map, indicating the cumulative limitations to development
due to the standards and the guidelines contained in this plan. This
map should be prepared prior to any engineering, site layout or design
work;
(l)
A proposed development map, at the same size and scale as the
project site base map, showing areas of proposed development; the
location of surveyor's tape or other markers placed on the site delineating
the boundaries of the property; the number of residential lots and
other type of development in each general area; all proposed lot lines;
areas proposed to be retained as open space; the applicable land use
area boundaries; the location of proposed facilities such as dams
and impoundments, public or private water systems, storm drainage
systems, public or private sewerage systems, public utilities, soil
erosion and sedimentation control devices, industrial wastewater discharges
and solid waste disposal areas; sources of air pollution; the proposed
primary road network; all areas to be disturbed by construction activities;
existing vegetation, identifying the predominant vegetation types
in the area; and all vegetation which is to be removed or disturbed
as a result of the proposed development, and the tree line before
and after development;
(m)
A map, at the same size and scale as the project site base map,
showing stormwater drainage patterns and calculations and the applicant's
proposed stormwater runoff management plan, which shall contain results
of all percolation tests and soil borings performed in each recharge
area, including the estimated seasonal high-water table;
(n)
Legal instruments evidencing the applicant's right, title and
interest in any Pinelands development credits and any existing or
proposed deed restrictions or easements relating to the subject parcel;
(o)
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils; landscaping plans shall incorporate the elements set forth in § 295-71B(4);
[Added 6-19-1997 by Ord. No. 10-97]
(p)
All public service infrastructure agreements, or other documentation,
evidencing the availability of electric, gas, water, sewer and other
necessary public service infrastructure;
(r)
A list of all permits required for the proposed development
from county, municipal, state and federal agencies;
(s)
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
[Amended 4-11-1989 by Ord. No. 7-89; 11-26-2018 by Ord. No. 2018-6]
A.
Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the Township approval
agency that the application has been modified. Said notice shall contain:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(3)
A brief description of the proposed development, including uses and
intensity of uses proposed;
(4)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(5)
The date on which the application, or any change thereto, was filed
and any docket number or other identifying number assigned to the
application by the Township approval agency;
(6)
The Township approval agency with which the application or change
thereto was filed;
(7)
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plan or reports;
and
(8)
The nature of the municipal approval or approvals being sought.
B.
Meetings and hearings. Where a meeting, hearing or other formal proceeding
on an application for development approval in the Pinelands Area is
required, the applicant shall provide notice to the Pinelands Commission
by email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(1)
The name and address of the applicant;
(2)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(3)
The date, time and location of the meeting, hearing or other formal
proceeding;
(4)
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
(5)
Any written reports or comments received by the Township approval
agency on the application for development that have not been previously
submitted to the Commission; and
(6)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
C.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction of any Township
approval agency or an appeal of any agency's decision. The applicant
shall, within five days of the approval or denial, give notice by
email or regular mail to the Pinelands Commission. Such notice shall
contain the following information:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(3)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(4)
The date on which the approval or denial was issued by the Township
approval agency;
(5)
Any written reports or comments received by the Township approval
agency on the application for development that have not been previously
submitted to the Commission;
(6)
Any revisions to the application not previously submitted to the
Commission; and
(7)
A copy of the resolution, permit or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
[Amended 4-11-1989 by Ord. No. 7-89]
A.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 295-69C above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board or the Pinelands Commission under the Interim Rules and
Regulations shall serve as the basis for Pinelands Commission review
of the local approval under this section.
(3)
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
B.
Conditions on prior approvals of the Township. Where a prior approval
has been granted by the Township, no subsequent approval of an application
for development approval shall be obtained until one of the following
is satisfied:
(1)
Notification is received from the Pinelands Commission that review
of the Township's approval is not required; or
(2)
Review of the approving authority's approval has been completed pursuant
to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding
the approval is received by the Township from the Pinelands Commission.
C.
Effect of Pinelands Commission decision on Township approval. If
the Pinelands Commission disapproves an application for development
previously approved by an approving authority, such approval shall
be revoked by the approving authority within 30 days, and the authority
shall thereafter deny approval of the application. If the Commission
approves the decision of an approving authority subject to conditions,
the approving authority which had previously approved the application
shall, within 30 days, modify its approval to include all conditions
imposed by the Commission and, if final approval of the application
is required, shall grant final approval only if the application for
approval demonstrates that the conditions specified by the Commission
have been met by the applicant.
D.
Participation of the Pinelands Commission in public hearings. The
Pinelands Commission may participate in a hearing held in the Township
involving the development of land in the Pinelands Area pursuant to
N.J.A.C. 7:50-4.36.
E.
Environmental Commission review. All applications for major development
and forestry shall be referred to the Environmental Commission for
review and comment.
The minimum standards and management programs of this section
shall be applicable to all proposed development in the Pinelands Area.
These standards shall be deemed supplemental to the standards and
requirements applicable to development in the non-Pinelands Area of
the Township. In the case of conflict with other standards of this
chapter, the design standards and management programs contained in
this section shall supersede all other requirements and standards.
A.
Wetlands. Development shall be prohibited in all wetlands and wetlands
transition areas except as specifically authorized below:
[Amended 4-11-1989 by Ord. No. 7-89; 12-8-1992 by Ord. No. 20-92]
(1)
Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands, subject to the requirements of Subsection F of this section. Beekeeping shall also be permitted in all wetlands.
(2)
Forestry shall be permitted in all wetlands subject to the requirements
of N.J.A.C. 7:50-6.41 through 7:50-6.44.
(3)
Fish and wildlife activities and wetlands management shall be permitted
in accordance with N.J.A.C. 7:50-6.10.
[Amended 12-28-2011 by Ord. No. 2011-08]
(4)
Low-intensity recreational uses which do not involve use of a structure,
including hunting, fishing, trapping, hiking, boating and swimming,
and other low-intensity recreational uses, provided that any development
associated with those other uses does not result in a significant
adverse impact on the wetland as set forth in N.J.A.C. 7:50-6.7.
(5)
Docks, piers, moorings and boat launches for the use of a landowner
shall be permitted in all wetlands, provided that the use will not
result in a significant adverse impact, as defined by N.J.A.C. 7:50-6.7,
and conforms to all state and federal regulations.
(6)
Commercial or public docks, piers, moorings and boat launches shall
be permitted, provided that there is a demonstrated need for the facility
that cannot be met by existing facilities; the development conforms
with all state and federal regulations; and the development will not
result in a significant adverse impact as defined by N.J.A.C. 7:50-6.7.
(7)
Bridges, roads, trail, and utility transmission and distribution
facilities and other similar linear facilities, provided that:
(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.
(8)
No development, except for those uses which are specifically authorized
in this subsection, shall be carried out within 300 feet of any wetlands
unless the applicant has demonstrated that the proposed development
will not result in a significant adverse impact on the wetlands as
defined by N.J.A.C. 7:50-6.7.
B.
Vegetation and landscaping. Development within the Pinelands Area
shall conform to the following standards with respect to vegetation
and landscaping:
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97]
(1)
All clearing and soil disturbance activities shall be limited to
that which is necessary to accommodate an activity, use or structure
which is permitted by this chapter.
(2)
Where practical, all clearing and soil disturbance activities associated
with an activity, use or structure, other than agriculture, forestry
and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(4) below.
(4)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection B(3) above or required pursuant to § 295-35A(2)(x) shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
Existing vegetation, including New Jersey's record trees as
published by the New Jersey Department of Environmental Protection
in 1991 and periodically updated, shall be incorporated into the landscape
design where practical;
(c)
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use, such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. Existing wooded areas shall not be cleared and converted to lawns
except when directly associated with and adjacent to a proposed structure;
and
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used
for revegetation or landscaping purposes. Other shrubs and trees may
be used in the following circumstances:
[1]
When the parcel to be developed or its environs contain a predominance
of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[2]
For limited ornamental purposes around buildings and other structures;
or
[3]
When limited use of other shrubs or tree species is required
for proper screening or buffering.
(5)
Development prohibited in the vicinity of threatened or endangered
plants. No development shall be carried out by any person in the Pinelands
Area unless it is designed to avoid irreversible adverse impacts on
the survival of any local populations of threatened or endangered
plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
C.
Fish and wildlife. Development within the Pinelands Area shall conform
to the following standards with respect to fish and wildlife:
(1)
No development shall be carried out unless it is designed to avoid
irreversible adverse impacts on habitats that are critical to the
survival of any local populations of those threatened or endangered
animal species designated by the Department of Environmental Protection
pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 4-11-1989 by Ord. No. 7-89]
D.
Forestry.
[Amended 4-11-1989 by Ord. No. 7-89; 6-19-1997 by Ord. No. 10-97]
(1)
Permit required. No forestry in the Pinelands Area of the Township
shall be carried out by any person unless a permit for such activity
has been issued by the Township Zoning Officer. Notwithstanding this
requirement, no such permits shall be required for the following forestry
activities:
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity, and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(d)
Forest stand improvement 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
(e)
Prescribed burning and the clearing and maintaining of firebreaks.
(2)
Forestry application requirements. The information in Subsection D(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 12-28-2011 by Ord. No. 2011-08]
(a)
For forestry activities on a parcel of land enrolled in the
New Jersey Forest Stewardship Program, a copy of the approved New
Jersey Forest Stewardship Plan. This document shall serve as evidence
of the completion of an application with the Pinelands Commission,
as well as evidence that the activities are consistent with the standards
of the Pinelands Comprehensive Management Plan. No certificate of
filing from the Pinelands Commission shall be required.
(b)
For all other forestry applications:
[1]
The applicant's name and address and his or her interest in
the subject parcel;
[2]
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
[3]
The description, including block and lot designation and street
address, if any, of the subject parcel;
[4]
A description of all existing uses of the subject parcel;
[5]
A brief written statement generally describing the proposed
forestry operation;
[6]
A USGS quadrangle map, or copy thereof, and a copy of the municipal
Tax Map sheet on which the boundaries of the subject parcel, the Pinelands
management area designation and the municipal zoning designation are
shown;
[7]
A forestry management plan that includes, as appropriate:
[a]
A cover page for the plan, containing:
[i]
The name, mailing address and telephone number
of the owner of the subject parcel;
[ii]
The municipality and county in which the subject
parcel is located;
[iii]
The block and lot designation and street address,
if any, of the subject parcel;
[iv]
The name and address of the forester who prepared
the plan, if not prepared by the owner of the subject parcel; and
[v]
The date the plan was prepared, subsequent revision
dates, and the period of time the plan is intended to cover.
[b]
A clear and concise statement of the owner's objectives
for undertaking the proposed forestry activities, including a description
of the short- (five years) and long-term (20 years) objectives for
all proposed silvicultural techniques that will be used to manage
the parcel.
[c]
A description of the existing conditions of the
subject parcel and of each forest stand in which a proposed activity,
prescription or practice will occur. These stand descriptions shall
include photographs of each stand taken at eye level, showing the
location of all Pinelands native forest types, as identified at N.J.A.C.
7:50-6.43, and shall be keyed to an activity map that shall include,
as appropriate, the following information:
[i]
The number of acres;
[ii]
The general condition and quality of each stand;
[iii]
The overall site quality, relative to the management
goals and objectives identified in Subsection D(2)(b)[7][b] above;
[iv]
An inventory and map of Pinelands native forest
types with native forest types broken into "stands," including information
on type, size and volume by species;
[v]
The age of representative trees;
[vi]
The species composition, including overstory,
understory, ground layer structure and composition;
[vii]
The stand cohort composition;
[viii]
The percent cover;
[ix]
The basal area;
[x]
The structure, including age classes, diameter
breast height (DBH) classes and crown classes;
[xi]
The condition and species composition of advanced
regeneration, when applicable;
[xii]
A stocking table showing the stocking levels,
growth rates and volume;
[xiii]
Projections of intended future stand characteristics
at ten-, twenty- and forty-year intervals;
[xiv]
A description of the forestry activities, silvicultural
prescriptions, management activities and practices proposed during
the permit period and the acreage proposed for each activity. These
may include, but are not necessarily limited to, a description of:
[A]
Stand improvement practices;
[B]
Site preparation practices;
[C]
Harvesting practices;
[D]
Regeneration and reforestation practices;
[E]
Improvements, including road construction, stream
crossings, landings, loading areas and skid trails;
[F]
Herbicide treatments;
[G]
Silvicultural treatment alternatives;
[H]
If planting will occur to accomplish reforestation,
the application shall include seed sources records, if such records
are available;
[I]
Implementation instructions; and
[J]
Measures that will be taken to prevent the potential
spread of exotic plant species or Phragmites into wetlands; and
[xv]
A description, if appropriate, of the forest products
to be harvested, including volume expressed in cords and board feet;
diameter breast height (DBH) classes and average diameter; age; heights
and number of trees per acre; and
[d]
A map of the entire parcel, which includes the
following:
[i]
The owner's name, address and the date the map
was prepared;
[ii]
An arrow designating the North direction;
[iii]
A scale which is not smaller than one inch equals
2,000 feet or larger than one inch equals 400 feet;
[iv]
The location of all property lines;
[v]
A delineation of the physical features such as
roads, streams and structures;
[vi]
The identification of soil types (a separate map
may be used for this purpose);
[vii]
A map inset showing the location of the parcel
in relation to the local area;
[viii]
Clear location of the area and acreage in which
each proposed activity, prescription or practice will occur. If shown
on other than the property map, the map or maps shall note the scale,
which shall not be smaller than one inch equals 2,000 feet or larger
than one inch equals 400 feet, and shall be appropriately keyed to
the property map; and
[ix]
A legend defining the symbols appearing on the
map.
[9]
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with Subsection J;
[10]
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(3)(i)[2] below;
[11]
A statement identifying the specific steps to
be taken to ensure that trees or areas to be harvested are properly
identified so as to ensure that only those trees intended for harvesting
are harvested;
[12]
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said Manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection D(3) below;
[13]
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
Forestry standards. Forestry operations shall be approved only if
the applicant can demonstrate that the standards set forth below are
met:
[Amended 12-28-2011 by Ord. No. 2011-08]
(a)
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist;
(b)
Any newly developed access to lands proposed for harvesting
shall avoid wetland areas except as absolutely necessary to harvest
wetlands species or to otherwise gain access to a harvesting site;
(c)
The following actions shall be required to encourage the establishment,
restoration or regeneration of Atlantic White Cedar in cedar and hardwood
swamps:
[1]
Clearcutting cedar and managing slash;
[2]
Controlling competition by other plant species;
[3]
Utilizing fencing and other retardants, where necessary, to
protect cedar from overbrowsing;
[4]
Utilizing existing streams as cutting boundaries, where practical;
[5]
Harvesting during dry periods or when the ground is frozen;
and
[6]
Utilizing the least intrusive harvesting techniques, including
the use of winches, corduroy roads and helicopters, where practical.
(d)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in Subsections B(5) and C(1). The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(e)
All forestry activities and practices shall be designed and
carried out so as to comply with the standards for the land application
of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized
in this section;
(f)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in Subsection J;
(g)
A vegetated streamside management zone shall be maintained or
established adjacent to streams, ponds, lakes and marshes, except
that no streamside management zone shall be required when Atlantic
White Cedar is proposed to be harvested, established, restored or
regenerated. The streamside management zone shall be at least 25 feet
in width. Where soils are severely erodible, slopes exceed 10%, or
streamside vegetation is not vigorous, the streamside management zone
shall be increased up to a maximum of 70 feet to buffer the water
body from adjacent forestry activities;
(h)
Stream crossings, access roads, timber harvesting, skid trails,
log decks, portable sawmill sites, site preparation and reforestation
shall be designed and carried out so as to:
(i)
The following standards shall apply to silvicultural practices
for site preparation, either before or after harvesting:
[1]
In areas with slopes of greater than 10%, an undisturbed buffer
strip of at least 25 feet in width shall be maintained along roads
during site preparation to catch soil particles;
[2]
Herbicide treatments shall be permitted, provided that:
[a]
The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection D(2)(b)[10] above;
[b]
Control of competitive plant species is clearly
necessary;
[c]
Control of competitive plant species by other,
nonchemical, means is not practical;
[d]
All chemicals shall be expressly labeled for forestry
use and shall be used and mixed in a manner that is consistent with
relevant state and federal requirements; and
[e]
In Pine-Shrub Oak Native Forest Types, herbicide
treatments shall only be permitted as a method to temporarily suppress
shrub-oak understory in order to facilitate pine regeneration. All
such herbicide treatments shall be applied in a targeted manner so
that there will be no significant reduction in tree or shrub-oak resprouting
outside those areas subject to the herbicide treatment.
[3]
Broadcast scarification and mechanical weeding shall be permitted
in all Pinelands native forest types;
[4]
Disking shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native
Forest Types;
[b]
Disking shall only be permitted in Pine-Shrub Oak
Native Forest Types as a method to temporarily suppress shrub-oak
understory in order to facilitate pine regeneration and shall be limited
as follows:
[i]
Disking may occur one time during the first year
of the establishment of a stand to assure the successful growth of
pine seedlings and may be repeated one time during the second year
of the growth of the stand only in areas where pine seedling establishment
has not successfully occurred; and
[ii]
Only single-pass disking, which penetrates the
soil no deeper than six inches, shall be permitted.
[c]
It shall not occur in wetlands, except as may be
necessary to establish, restore or regenerate Atlantic White Cedar.
When so used, disking shall be limited to shrub-dominated parcels
and recently abandoned agricultural lands; and
[d]
It shall follow land contours when slopes are discernible.
[5]
Root raking shall be permitted, provided that:
[a]
It shall not be permitted in Pine-Shrub Oak Native
Forest Types or Pine Plains Native Forest Types;
[b]
When used to establish, restore or regenerate Atlantic
White Cedar, root raking shall be limited to shrub-dominated parcels
and recently abandoned agricultural lands; and
[c]
Root raking debris shall not be piled in wetlands.
[6]
Bedding shall be permitted only in recently abandoned, cultivated
wetlands where there are no established Pinelands native forest types;
and
[7]
Drum chopping shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native
Forest Types except to create road-shoulder fuel breaks, which shall
be limited to 25 feet in width, or to create scattered early successional
habitats under two acres in size;
[b]
It shall not be permitted in wetlands, except as
may be necessary to establish, restore or regenerate Atlantic White
Cedar. When so used, drum chopping shall be limited to shrub-dominated
parcels and recently abandoned agricultural lands; and
[c]
It shall adhere to the following procedures:
[i]
No more than two passes shall be permitted, except
to create scattered early successional habitats under two acres in
size;
[ii]
Drums shall remain unfilled when used during the
dormant season;
[iii]
Chop up and down the slope on a parcel so the
depressions made by the cleats and chopper blades run parallel to
the contour of the land to help reduce the occurrence of channeled
surface erosion;
[iv]
Chop so the depressions made by the cleats and
chopper blades run parallel to a wetland or water body; and
[v]
Avoid short-radius, 180° turns at the end of
each straight pass.
(j)
The following standards shall apply to silvicultural practices
for harvesting:
[1]
Clearcutting shall be permitted, provided that:
[a]
It shall not be permitted in Pine Plains Native
Forest Types;
[b]
It shall be limited to 300 acres or 5% of a parcel,
whichever is greater, during any permit period;
[c]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any clear
cut and the parcel boundaries;
[d]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
25 acres or larger clear cut from other 25 acres or larger clear cuts,
coppice cuts and seed tree cuts that occur within a fifteen-year period.
The buffer strip separating two twenty-five-acre harvests shall be
50 feet in width and, for a larger harvest, shall increase in width
by one foot for each acre of that harvest above 25 acres, to a maximum
of 300 feet in width;
[e]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least ten-inch-diameter breast height (DBH) and
six feet in height shall be left on the parcel for a minimum of five
years; and
[f]
The area of the parcel subject to the clear cut
shall have contoured edges unless the boundary of the clear cut serves
as a firebreak, in which case straight edges may be used.
[2]
Coppicing shall be permitted in all Pinelands native forest
types, provided that:
[a]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any coppice
cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger coppice cut from other twenty-five-acre
or larger clear cuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25 acres, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least ten-inch DBH and six feet in height shall
be left on the parcel for a minimum of five years; and
[e]
The area of the parcel subject to the coppice cut
shall have contoured edges, unless the boundary of the coppice cut
serves as a firebreak, in which case straight edges may be used.
[3]
Seed tree cutting shall be permitted in all Pinelands native
forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10%
of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic
pruning and thinning may occur, shall be maintained between any seed
tree cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning
and thinning may occur, shall also be maintained to separate each
twenty-five-acre or larger seed tree cut from other twenty-five-acre
or larger clear cuts, coppice cuts and seed tree cuts that occur within
a fifteen-year period. The buffer strip separating two twenty-five-acre
harvests shall be 50 feet in width and, for a larger harvest, shall
increase in width by one foot for each acre of that harvest above
25 acres, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead
snags per acre of at least ten-inch DBH and six feet in height shall
be left on the parcel for a minimum of five years;
[e]
The area of the parcel subject to the seed tree
cut shall have contoured edges, unless the boundary of the seed tree
cut serves as a firebreak, in which case straight edges may be used;
[f]
Dominant residual seed trees shall be retained
at a distribution of at least seven trees per acre; and
[g]
Residual seed trees shall be distributed evenly
throughout the parcel.
[4]
Shelterwood cutting, group selection and individual selection
shall be permitted in all Pinelands native forest types.
(k)
The following standards shall apply to silvicultural practices
for forest regeneration:
[1]
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the Pine Plains Native Forest Type, except as provided in Subsection D(3)(k)[2] below; and
[2]
Artificial regeneration shall be permitted in all Pinelands
native forest types, provided that:
[a]
The use of nonnative cuttings, seedlings or seeds
shall not be permitted;
[b]
The use of hybrid cuttings, seedlings or seeds
shall be permitted if it can be demonstrated that the cutting is from
a locally native, naturally occurring hybrid, which will be planted
within its natural range and habitat;
[c]
Cuttings, seedlings or seeds shall be collected
and utilized so as to ensure genetic diversity; and
[d]
When used in Pine Plains Native Forest Types, artificial
regeneration shall only be permitted to restore drastically disturbed
sites if seeds or seedlings from the immediate vicinity have been
collected from local, genetically similar sources.
(l)
Following site preparation and harvesting activities, slash
shall either be retained in piles on the parcel, distributed throughout
the parcel, removed from the parcel or burned.
(m)
Thinning shall be permitted in all Pinelands native forest types,
including that which serves to maintain an understory of native plants
and/or manage stand composition, density, growth and spatial heterogeneity.
(n)
A copy of the approved municipal forestry permit shall be conspicuously
posted on the parcel which is the site of the forestry activity.
(4)
Forestry permit procedures.
(b)
Within 14 days of receipt of an application, the Zoning Officer
shall determine whether the application is complete and, if necessary,
notify the applicant in writing of any additional information which
is necessary to complete the application. Should the Zoning Officer
fail to make such a determination within 14 days, the application
shall be considered to be complete as of the 15th day following its
submission.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection D(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection D(3) above or disapprove any application which does not meet the requirements of Subsection D(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection D(4)(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection D(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(4)(c) above.
(e)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(4)(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(g)
Forestry permits shall be valid for a period of 10 years. Nothing
in this section shall be construed to prohibit any person from securing
additional permits, provided that the requirements of this subsection
and the Pinelands Comprehensive Management Plan are met.
(5)
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(4)(c) above, the applicant shall be required to pay a sum as set forth in Chapter 135, Fees, 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.[2]
(6)
Notification of harvesting. No harvesting shall be commenced until
the applicant has provided the Zoning Officer with 72 hours' written
notice of the intention to begin harvesting operations.
E.
Agriculture. Agricultural activities within the Pinelands Area shall
conform to the following standards:
(1)
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 conformance with recommended
management practices established for the particular agricultural activity
by the New Jersey Department of Agriculture, the Natural Resources
Conservation Service and the New Jersey Agricultural Experimental
Station at Rutgers University.
F.
Water quality. Development within the Pinelands Area shall conform
to the following standards with respect to water quality:
(1)
All development permitted under this chapter 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.
(2)
No development shall be permitted which does not meet the minimum
water quality standards of the State of New Jersey or the United States.
(3)
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.
[Amended 4-11-1989 by Ord. No. 7-89]
(4)
The following point and nonpoint sources may be developed and operated
in the Pinelands:
[Amended 4-11-1989 by Ord. No. 7-89]
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection F(4)(b) through (e) below, provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
[1]
There will be no direct discharge into any surface water body;
[2]
All discharges from the facility or use are of a quality and
quantity such that groundwater exiting from the parcel of land or
entering a surface body of water will not exceed two parts per million
nitrate/nitrogen;
[3]
All public wastewater treatment facilities are designed to accept
and treat septage; and
[4]
All storage facilities, including ponds and lagoons, are lined
to prevent leakage into groundwater.
(b)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection F(4)(a)[2] above, provided that:
[1]
There will be no direct discharge into any surface water body;
[2]
The facility is designed only to accommodate wastewater from
existing residential, commercial and industrial development;
[3]
Adherence to Subsection F(4)(a)[2] above cannot be achieved due to limiting site conditions or the costs to comply with the standard will result in excessive user fees; and
[Amended 6-19-1997 by Ord. No. 10-97]
[4]
The design level of nitrate/nitrogen attenuation is the maximum
possible within the cost limitations imposed by such user fee guidelines,
but in no case shall groundwater exiting from the parcel or entering
a surface body of water exceed five parts per million nitrate/nitrogen.
[Amended 6-19-1997 by Ord. No. 10-97]
(c)
Improvements to existing commercial, industrial and wastewater
treatment facilities which discharge directly into surface waters,
provided that:
[1]
There is no practical alternative available that would adhere
to the standards of N.J.A.C. 7:50-6.84(a)1i;
[Amended 6-19-1997 by Ord. No. 10-97]
[2]
There is no increase in the existing approved capacity of the
facility; and
[3]
All discharges from the facility into surface waters are such
that the nitrate/nitrogen levels of the surface waters at the discharge
point do not exceed two parts per million. In the event that nitrate/nitrogen
levels in the surface waters immediately upstream of the discharge
point exceed two parts per million, the discharge shall not exceed
two parts per million nitrate/nitrogen.
(d)
Individual on-site septic wastewater treatment systems which
are not intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
[1]
The proposed development to be served by the system is otherwise
permitted pursuant to the provisions of this chapter;
[2]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed-restricted pursuant to § 295-63K or 295-64B(6);
[3]
Only contiguous lands located within the same zoning district
and Pinelands management area as the proposed system or systems may
be utilized for septic dilution purposes, except for the development
of an individual single-family dwelling on a lot existing as of January
14, 1981, nonresidential development on a lot of five acres or less
existing as of January 14, 1981, or cluster development as permitted
by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high-water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth
of at least 100 feet, unless the well penetrates an impermeable clay
aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
The system will be maintained and inspected in accordance with
the requirements of N.J.A.C. 7:50-6.85;
[7]
The technology has been approved for use by the New Jersey Department
of Environmental Protection; and
[8]
Flow values for nonresidential development shall be determined
based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except
that number of employees may not be utilized in calculating flow values
for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide
flow values for a specific use, but a flow value is assigned for that
use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C.
7:14A-23.3(a) shall be used in calculating flow.
(e)
Individual on-site septic wastewater treatment systems which
are intended to reduce the level of nitrate/nitrogen in the wastewater,
provided that:
[Amended 6-19-1997 by Ord. No. 10-97]
[2]
The proposed development is residential, or, if nonresidential,
is located in the FA zone and the standards of N.J.A.C. 7:50-6.84(a)5iii(2)
are met.
[Amended 11-26-2018 by Ord. No. 2018-6]
[3]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(4)(d)[3] 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 § 295-63K or 295-64B(6).[3]
(5)
The owner of every on-site septic waste treatment facility in the
Pinelands Area shall, as soon as a suitable septage disposal facility
capacity is available, in accordance with the provisions of Chapter
326 of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and
Section 21 of the Clean Water Act:
[Amended 4-11-1989 by Ord. No. 7-89]
(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; and
(c)
Once every three years submit to the Board of Health serving
Eagleswood Township a sworn statement that the facility has been inspected,
cleaned and is functional, setting forth the name of the person who
performed the inspection and cleaning and the date of such inspection.
(6)
The owners of commercial petroleum storage tanks shall comply with
the requirements of Chapter 102 of the Laws of 1986.
[Amended 4-11-1989 by Ord. No. 7-89]
(7)
Prohibited chemicals and materials.
[Amended 6-27-1989 by Ord. No. 11-89]
(a)
Use of septic tank cleaners and waste oil is prohibited in the
Pinelands Area to the extent that such use will result in direct or
indirect introduction of such substances into the groundwater or any
land.
(b)
All storage facilities for deicing chemicals shall be lined
to prevent leaking into the soils and shall be covered with an impermeable
surface which shields the facility from precipitation.
(c)
No person shall apply any herbicide to any road or public utility
right-of-way within the Pinelands Area unless necessary to protect
an adjacent agricultural activity.
(d)
No hazardous, toxic, chemical, petroleum (including oil spill
pollutants), septic or nuclear waste shall be stored, discharged or
disposed of on any land within the Pinelands. Liquid or dewatered
sludge may only be applied as part of a land application program for
agricultural purposes when also approved by the New Jersey Department
of Environmental Protection.
(8)
Inter-basin transfer of water between watersheds shall be avoided
to the maximum extent practical. Water shall not be exported from
the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.
[Amended 6-27-1989 by Ord. No. 11-89]
G.
Scenic. All proposed development within the Pinelands Area shall
conform to the requirements of this subsection to ensure that development
will take advantage of and enhance the visual character of the Pinelands.
(1)
Scenic corridors. Except for those roads which provide for internal
circulation within residentially developed areas, all public, paved
roads in the PA - Preservation Area Zone and FA - Forest Area Zone
shall be considered scenic corridors.
[Amended 4-11-1989 by Ord. No. 7-89]
(2)
Special requirements for scenic corridors.
(a)
Except as otherwise provided in this subsection, no permit shall
be issued for development 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 scenic
corridor.
(b)
If compliance with the two-hundred-foot setback is contained by environmental or other physical considerations, such as wetland or active agricultural operation, the building shall be set back as close to 200 feet as practical and the site shall be landscaped in accordance with the provisions of Subsection B, Vegetation and landscaping, of this section so as to provide screening from the corridor.
(c)
The requirements of Subsection G(2)(a) and (b) above shall not apply to residential cluster developments in the Forest Area Zone which comply with the standards of § 295-64A(10).
[Added 12-28-2011 by Ord. No. 2011-08]
(3)
Signs, Pinelands Area.
(a)
No sign, other than a warning or safety sign, which is designed
or intended to attract attention by sudden, intermittent or rhythmic
movement, or physical or lighting change, shall be permitted in the
Pinelands Area.
(b)
No sign, other than a warning or safety sign, which changes
physical position by any movement or rotation or which gives the visual
impression of such movement or rotation shall be permitted in the
Pinelands Area.
(c)
No outdoor off-site commercial advertising signs, other than
signs advertising agricultural commercial establishments, shall be
permitted in the Pinelands Area of Eagleswood Township. Outdoor off-site
signs advertising agricultural commercial establishments shall be
permitted, provided that:
[Amended 4-11-1989 by Ord. No. 7-89]
(d)
Any existing sign which does not conform to Subsection B(3)(a),
(b) and (c) above shall be permitted to continue beyond January 14,
1991.
(e)
To the maximum extent practical, the character and composition
of construction materials for all signs shall be harmonious with the
scenic values of the Pinelands.
(4)
Signs. PA - Preservation Area Zone.
(a)
No sign shall be constructed, repaired or maintained except in accordance with the provisions of Subsection G(3) and this subsection.
(b)
The following signs are permitted in the PA - Preservation Area
Zone:
[1]
Official public safety and information sign displaying road
names, numbers and safety directions.
[2]
On-site signs advertising the sale or rental of the premises,
provided that the area on one side of any such sign shall not exceed
12 square feet and no more than one sign is located on any parcel
of land held in common ownership.
[3]
Trespassing signs or signs indicating the private nature of
a road, driveway or premises, and signs prohibiting or otherwise controlling
fishing or hunting, provided that the size of such signs does not
exceed 12 square feet.
[4]
On-site identification signs for schools, churches, hospitals
or similar public service institutions, provided that the size of
any such sign shall not exceed 12 square feet and no more than one
sign is placed on any single property.
[5]
On-site professional, home occupation or name signs indicating
the profession and/or activity and or name of the occupant of the
dwelling, provided that the size of any such sign shall not exceed
12 square feet and no more than one sign is permitted for any individual
parcel of land.
[6]
On-site business or advertising signs, provided that no more
than two signs are located on any one premises or on the premises
leased or utilized by any one business establishment and the total
of such signs shall not exceed 20 square feet per side, with the maximum
height to the top of the sign not to exceed 15 feet from ground level.
[7]
Temporary signs advertising political parties or candidates
for election, provided that the size of any such sign does not exceed
four square feet.
[8]
Temporary on- and off-site signs advertising civil, social or
political gatherings and activities, provided that the size of such
signs does not exceed four square feet.
(5)
Motor vehicle screening and storage. No more than 10 automobiles,
trucks or other motor vehicles, whether or not they are in operating
condition, shall be stored on any lot unless such motor vehicles are
adequately screened from adjacent residential uses and scenic corridors.
All vehicles not in operating condition shall be stored only if the
gasoline tanks of such vehicles are drained. This subsection shall
not apply to vehicles which are in operating condition and which are
maintained for agricultural purposes.
H.
Fire management. All proposed development within the Pinelands Area
shall conform to the requirements of this subsection in order to protect
life and property from forest fires.
[Amended 4-11-1989 by Ord. No. 7-89]
(1)
The following vegetation classifications shall be used in determining
the fire hazard of a parcel of land:
|
Fire Hazard Classification
| ||
|---|---|---|
|
Hazard
|
Vegetation Type
| |
|
Low
|
Atlantic White Cedar hardwood swamps
| |
|
Moderate
|
Non-pine barrens forest and 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
| |
(2)
No application for development approval shall be granted in moderate,
high and extreme fire hazard areas unless the applicant demonstrates
the following:
(a)
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 firefighting
equipment;
(b)
All dead-end roads will terminate in a manner which provides
safe and efficient entry and exit for fire equipment;
(c)
The rights-of-way of all roads will be maintained so that they
provide an effective firebreak;
(d)
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:
[1]
In moderate fire hazard areas a fuel break of 30 feet measured
outward from the structure, in which shrubs, understory trees and
bushes and ground cover are to be selectively removed, mowed or pruned
on an annual basis and all dead plant material is removed.
[2]
In high fire hazard areas a fuel break of 75 feet measured outward
from the structure, in which shrubs, understory trees and bushes and
ground cover are to be selectively removed, mowed or pruned and maintained
on an annual basis and all dead plant material is removed.
[3]
In extreme fire hazard areas a fuel break of 100 feet measured
outward from the structure, in which shrubs, understory trees and
bushes and ground cover are to be selectively removed, mowed or pruned
and maintained on an annual basis, no pine tree (Pinus spp.) is closer
than 25 feet to another pine tree, and all dead plant material is
removed.
(e)
All structures will meet the following specifications:
[1]
Roofs and exteriors will be constructed of fire-resistant materials
such as asphalt rag felt roofing, tile, slate, asbestos cement, shingles,
sheet iron, aluminum or brick. Fire retardant-treated wood shingles
or shake-type roofs are prohibited in high or extreme fire hazard
areas.
[2]
All projections such as balconies, decks and roof gables shall
be constructed of fire-resistant materials or materials treated with
fire-retardant chemicals.
[3]
Any opening in the roof, attic and the floor shall be screened.
[4]
Chimneys and stovepipes which are designed to burn solid or
liquid fuels shall be equipped with screens over the outlets.
[5]
Flat roofs are prohibited in areas where vegetation is higher
than the roof.
I.
Recreation. All proposed development within the Pinelands Area shall
conform to the following requirements:
[Amended 4-11-1989 by Ord. No. 7-89]
(1)
No power vessel in excess of 10 horsepower shall operate on waters
within the Pinelands Area.
(2)
No motor vehicles other than fire, police or emergency vehicles or
those vehicles used for the administration or maintenance of any public
land shall be operated upon publicly owned land within the Pinelands
Area. Other motor vehicles may operate on public lands for recreational
purposes, on public highways and areas on land designated, prior to
August 8, 1980, for such use by the State of New Jersey until designated
as inappropriate for such use by the Pinelands Commission.
(3)
Route maps for organized off-road vehicle events shall be filed with
an approved plan by the Executive Director.
(4)
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."
(5)
Improved bicycling facilities are provided only in conjunction with
paved roads.
J.
Historic preservation.
[Amended 4-11-1989 by Ord. No. 7-89]
(1)
The Land Use 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 Township Committee 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 J(5)(b) below.
(2)
Authority to issue certificates of appropriateness.
(3)
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal,
disturbance or demolition of any resource designated by the Township
Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154
or any action which renders such a site inaccessible; and
(4)
Applications for certificates of appropriateness shall include the
information specified in N.J.A.C. 7:50-6.156(b).
(5)
A cultural resource survey shall accompany 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
project's potential environmental impacts; a thorough search of state,
local and any other pertinent inventories to identify sites of potential
significance; a review of the literature and consultation with professional
and avocational archaeologists knowledgeable about the area; thorough
pedestrian and natural resources surveys; archaeological testing as
necessary to provide reasonable evidence of the presence or absence
of historic resources of significance; adequate recording of the information
gained and methodologies and sources used; and a list of personnel
involved and qualifications of the person(s) performing the survey.
[Amended 6-19-1997 by Ord. No. 10-97]
(a)
This requirement for a survey may be waived by the local approval
agency, if:
[1]
There is insufficient evidence of significant cultural activity
on the project site or, in the case of archaeological resources, within
the vicinity;
[2]
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
(b)
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:
[1]
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
[2]
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
[3]
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
[4]
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.
(6)
The standards governing the issuance of certificates of appropriateness
in N.J.A.C. 7:50-6.156(c) shall be followed by the Land Use Board.
(7)
The effect of the issuance of a certificate of appropriateness is
as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in Subsection J(7)(b) below.
(b)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection J(5) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154, or by the Township Committee pursuant to N.J.S.A. 40:55D-1 et seq., within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 6-27-1989 by Ord. No. 11-89; 6-19-1997 by Ord. No. 10-97]
(8)
The following information will be required to document resources
which are not found to be significant but which are otherwise found
to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and its cultural environment;
(b)
Photographic documentation to record the exterior appearance
of buildings, structures and engineering resources;
(c)
A site plan depicting in correct scale the location of all buildings,
structures and engineering resources; and
(d)
A New Jersey State inventory form as published by the New Jersey
Department of Environmental Protection for buildings and a narrative
description of any process or technology if necessary to elaborate
upon the photographic record.
(9)
If archaeological data is discovered on a site at any time after
construction has been commenced, the developer shall immediately cease
construction, notify the Land Use Board and the Pinelands Commission
and 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 CFR 66).
K.
Waste management. No hazardous or toxic substances, including hazardous
wastes, shall be stored, transferred, processed, discharged, disposed
or otherwise used in the Pinelands Area. The land application of waste
or waste-derived materials is prohibited in the Pinelands Area, except
as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities
shall only be permitted in the Pinelands Area in accordance with the
standards set forth in N.J.A.C. 7:50-6.
[Amended 6-19-1997 by Ord. No. 10-97]
L.
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.
M.
Air quality.
[Amended 4-11-1989 by Ord. No. 7-89]
(1)
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 6-19-1997 by Ord. No. 10-97]
(2)
Applications for residential development of 100 or more units and
any other development involving more than 300 parking spaces located
in the PA or FA Zones 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.
The procedures and standards established by this article and the
Pinelands Comprehensive Management Plan and applicable to all development
within the Pinelands Area shall be in effect and enforceable unless
a waiver of strict compliance shall have been obtained from the Pinelands
Commission, in accordance with the provisions of N.J.A.C. 7:50-4.51
through 7:50-4.57.
B.
A duplicate copy of any application for waiver of strict compliance
filed with the Pinelands Commission shall be submitted to the Township
Clerk by the applicant within five days of filing with the Commission.
C.
The applicant shall provide a copy of the Executive Director's written
notification of decision on any application for waiver of strict compliance
within 10 days of such decision.
All development proposed by Eagleswood Township or any agency
thereof will comply with all the requirements for public development
set forth in N.J.A.C. 7:50-4.41 et seq., and all the standards set
forth in this article.
The standards and regulations in this article applicable to
the Pinelands Area are intended to be the minimum provisions necessary
to achieve the purposes and objectives of this article and the Pinelands
Protection Act. In the event of a conflict between the provisions,
the stricter provision shall apply.
In amending this article, the Township's Master Plan or any
other ordinance regulating the use of land, the Township shall comply
with all the requirements of N.J.A.C. 7:50-3.45.
