[Added 2-24-1993 by Ord. No. 9-1993[1]]
[1]
Editor's Note: This ordinance also repealed
former Article VI, Planned Development Option, as amended.
A.
Applicability. The provisions of this article shall
apply only to the Pinelands Area of Egg Harbor Township and shall
be considered supplemental to the requirements of the balance of this
chapter. No land within the Pinelands Area of Egg Harbor Township,
as defined herein, shall be disturbed unless all provisions of this
chapter shall have been complied with. The requirements of this section
shall not apply in those portions of the Township outside of the Pinelands
Area.
B.
General provisions and requirements. All development
located in the Pinelands Area of Egg Harbor Township shall comply
with the goals, objectives and policies of the Pinelands Comprehensive
Management Plan and the provisions of this article.
C.
Supplemental design and development standards and
management programs. No development in the Pinelands Area shall be
carried out by any person unless it is in conformance with each of
the standards set forth in this section. These standards shall be
deemed supplemental to the normal standards and requirements of this
chapter applicable to all development. In the case of conflict with
other standards of this chapter, the design and development standards
and management programs contained in this article shall supersede
all other requirements and standards.
A.
It is the express finding and declaration of the Township
Committee that agricultural activities serve the interest of the citizens
of Egg Harbor Township by ensuring numerous social, economic and environmental
benefits, and it is, therefore, the express intention of this article
to establish as the policy of the Township the protection of agricultural
operations from nuisance action where recognized methods and techniques
of agricultural production are applied.
B.
The owner of land used for agricultural or horticultural
purposes or use who conducts agricultural activities in conformance
with the agricultural management practices set forth in this section,
and all relevant federal or state statutes or rules and regulations
adopted pursuant thereto and which does not pose a direct threat to
public health and safety may:
(1)
Produce agricultural and horticultural crops,
trees and forest products, livestock and poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping;
(2)
Package the agricultural output;
(3)
Provide for the wholesale and retail marketing
of the agricultural output and related products, including the construction
of buildings and parking areas in conformance with Township standards;
(4)
Replenish soil nutrients;
(5)
Control pests, predators and diseases of plants
and animals;
(6)
Clear woodlands, install and maintain vegetative
and terrain alterations and other physical facilities for water and
soil conservation and surface water control in wetland areas; and
(7)
Conduct on-site disposal of organic agricultural
waste.
C.
The following standards shall apply to all agricultural
uses in the Township:
(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 accordance
with recommended management practices established for the particular
agricultural activity by the New Jersey Department of Agriculture,
the Soil Conservation Service and the New Jersey Agricultural Experimental
Station at Rutgers University.
(2)
In those areas of the Township identified as
county agricultural development areas, a Resource Conservation Plan
shall be prepared by the appropriate Soil Conservation District located
in an area which has been designated by any agency of federal, state
or local government as having substandard surface or ground water
as a direct result of such agricultural uses conducted therein. If
prepared by the operator, such plan shall be submitted to the Soil
Conservation District for review. The Resource Conservation Plan shall
be reviewed, updated and revised as necessary and shall provide for
the use of recommended management practices as found in the following
publications and any revisions thereto:
[Amended 7-14-1993 by Ord. No. 30-1993]
(3)
At such time as the State Agriculture Development Committee is established pursuant to Section 4 of the Right to Farm Act (P.L. 1983, Chapter 31), N.J.S.A. 4:1C-1 et seq., and any amendments or revisions thereto, and at such time as said Committee develops and recommends the program of agricultural management practices pursuant to Section 5 of the aforesaid Right to Farm Act, said agricultural management practices as developed and recommended by said Committee shall be the standards to be applied to all agricultural uses in the Township, insofar as applicable, to the extent that the standards set forth in Subsections C(1) and (2) above are superseded thereby.
D.
The Township, in recognition that agricultural activities,
when reasonable and necessary, produce a benefit to the neighborhood,
the community and society in general by the preservation of open space,
aesthetics and clean air, and by the preservation and continuance
of agricultural operations as a source of agricultural products and
values for future generations, creates the following presumptions:
(1)
In all relevant actions filed subsequent to the effective date of this article, there shall exist a rebuttable presumption that no agricultural operation, activity or structure which is conducted or located within a municipally approved program and conforms to the standards set forth in Subsection C of this section, and all relevant federal or state statutes or rules or regulations adopted pursuant thereto and which does not pose a direct threat to public health and safety shall constitute a public or private nuisance, nor shall any such operation, activity or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.
E.
Additional regulations applicable to agriculture;
"municipally approved program" defined.
(1)
Other regulations for agricultural uses, where
permitted, shall be as follows:
(a)
No building used to raise or keep livestock
or poultry or as a stable shall be located closer than 50 feet to
any lot line or 100 feet to any street line;
(b)
Seasonal agricultural employee housing is allowed
only as an element of and accessory to an active agricultural operation
and must have a building setback of 100 feet from any street, 50 feet
from any property line and comply with all applicable state regulations
regarding said use.
(c)
All livestock shall be controlled through the
use of fencing and tethering so as to prevent such livestock from
running at large.
(d)
The number of horses, livestock or other nondomesticated
large animals permitted on a lot shall be determined by the size of
the lot as follows: one horse or other nondomesticated large animal
per acre. The minimum lot size for such use shall be three acres,
with one animal permitted for each additional acre.
(2)
The term "municipally approved program," by
which the above irrebuttable presumption is to be operative, shall
be any municipally approved program created in accordance with those
provisions set forth in the Agriculture Retention and Development
Act (P.L. 1983, Chapter 32), N.J.S.A. 4:1C-11 et seq., and as implemented
by the County Agriculture Development Board or any subregional agriculture
development board in lieu thereof.
A.
Development in the Pinelands Area of the Township
will conform to all guidelines established to meet the requirements
of the Federal Clean Air Act, as amended. 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. This includes all applicable state
and federal emission regulations, ambient air quality standards, nonattainment
criteria and significant deterioration criteria. The Board shall review
all proposed major developments including 50 or more dwelling units
or 100 or more parking spaces to determine the impact on local air
quality in accordance with the following standards:
[Amended 6-25-1997 by Ord. No. 25-1997]
(1)
A summary of ambient air quality in the vicinity
of the facility expressed in terms of levels of sulfur dioxide, particulate
and carbon monoxide concentrations compared with all applicable ambient
air quality standards. This data may be obtained from on-site monitoring
or, upon approval of the New Jersey Department of Environmental Protection,
Division of Environmental Quality, from the nearest New Jersey state
monitoring site.
(2)
An analysis of the use of all existing and proposed
access roads, including:
(a)
Current traffic volume, in vehicles per hour,
for peak hours, peak eight-hour periods and for an average day; and
(b)
Traffic capacity in vehicles per hour calculated
pursuant to the procedures set out in the Highway Capacity Manual
1965, Highway Research Board Special Report 87 and NAS-NRC Publication
1328, and any amendments thereto.
(3)
An estimate of traffic volumes to be generated
by the proposed development in vehicles per hour for peak hours and
peak eight-hour periods at the time of completion of construction
and 10 years after completion.
(5)
An analysis of emissions from space heating,
including:
(6)
An analysis of motor vehicle emissions to be
generated by the proposed development and, where appropriate, by growth
induced by the proposed development based on annual average daily
traffic and space heating emissions, expressed as tons per day of
carbon monoxide, hydrocarbons, nitrogen oxide, sulfur dioxide and
particulate. The latest data available from the United States Environmental
Protection Agency's publication AP-42, Compilation of Air Pollution
Emission Factors, is to be used to calculate emissions if more definitive
information is not available.
(7)
Effect of carbon monoxide emissions on air quality.
(a)
An analysis of the effect of carbon monoxide
emissions on air quality, including anticipated carbon monoxide concentrations
compared with ambient air quality standards and with concentrations
in the absence of the proposed development at:
(b)
This analysis should be prepared pursuant to
the procedures established in the United States Environmental Protection
Agency's publication, Guidelines for Air Quality Maintenance, Planning
and Analysis, Volume 9: Evaluating Indirect Sources, Publication No.
EPA-45 0/4-750-00l OAQPS No. 1.2-028, and any revisions thereto,
or equivalent procedure.
(8)
An analysis of the availability of public transportation
and for housing projects, the accessibility, including distance, safety
and convenience of route, by automobile and by other modes of transportation
to the following facilities:
(9)
A description of measures taken in planning
the proposed development which are intended to reduce vehicle miles
traveled, including but not limited to those measures described in
the United States Environmental Protection Agency's publication Guidelines
for Air Quality Maintenance, Planning and Analysis, Volume 3: Control
Strategies (Chapter II, Section E), Publication No. EPA-45 0/4-74-003
(OAQPS No. 1.2-002), and in Section 108(f)(i)(A) of the Clean Air
Act Amendment of 1977, 42 U.S.C. § 7410, or any revisions
thereto.
(10)
A description of measures taken in planning
the proposed development which are intended to reduce emissions during
construction and minimize dust emissions from the completed development
in accordance with the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. Applicable standards for dust control are available
in the New Jersey Department of Agriculture publication Standards
for Soil Erosion and Sediment Control in New Jersey.
A.
No development shall be carried out in vegetated areas of the Township which are classified as a moderate, high or extreme hazard, as defined in Subsection B below, unless such development complies with the following standards:
(1)
All proposed development, or units or sections
thereof, of 25 dwelling units or more will have two accessways of
a width and surface composition sufficient to accommodate and support
fire-fighting equipment where possible.
(2)
All dead-end roads will terminate in a manner
which provides safe and effective entry and exit for fire-fighting
equipment.
[Amended 7-14-1993 by Ord. No. 30-1993]
(3)
The rights-of-way of all roads will be maintained
so that they provide an effective firebreak.
(4)
Except as provided in Subsection A(5) below, a fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(5)
All residential development of 100 dwelling
units or more in high or extreme high hazard areas will have a two-hundred-foot
perimeter fuel break between all structures and the forest in which:
(a)
Shrubs, understory trees and bushes and ground
cover are selectively removed, mowed or pruned and maintained on an
annual basis;
(b)
All dead plant material is removed;
(c)
Roads, rights-of-way, wetlands and waste disposal
sites shall be used as firebreaks to the maximum extent practical;
and
(d)
There is a specific program for maintenance.
(6)
All structures will meet the following specifications:
(a)
Roofs and exteriors will be constructed of fire-resistant
materials such as asphalt rag felt roofing, tile, slate, asbestos
and 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.
[Amended 7-14-1993 by Ord. No. 30-1993]
(b)
All projections such as balconies, decks and
roof gables shall be constructed of fire-resistant materials or materials
treated with fire-retardant chemicals.
(c)
Any openings in the roof, attic and the floor
shall be screened.
(d)
Chimneys and stovepipes which are designed to
burn solid or liquid fuels shall be equipped with screens over the
outlets.
(e)
Flat roofs are prohibited in areas where vegetation
is higher than the roof.
B.
The following vegetation classifications shall be
used in determining the fire hazard of a parcel of land:
[Amended 7-14-1993 by Ord. No. 30-1993]
Hazard
|
Vegetation Type
| |
---|---|---|
Low
|
Atlantic white cedar swamps and hardwood swamps
| |
Moderate
|
Non-Pine Barrens forest Prescribed burned areas
| |
High
|
Pine Barrens forest including mature forms of
pine, pine-oak and oak-pine
| |
Extreme
|
Immature or dwarf forms of pine-oak or oak-pine;
all classes of pine-scrub oak and pine-lowland
|
A.
No development within the Township 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 animals designated by the Department
of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1
et seq.
[Amended 7-14-1993 by Ord. No. 30-1993]
B.
All development or other authorized activity shall
be carried out in a manner which avoids disturbance of fish and wildlife
habitats that are essential to the continued nesting, resting, breeding
and feeding of significant populations of fish and wildlife within
the Township.
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
A.
Permit required. No forestry in the Pinelands Area
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:
(1)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size.
(2)
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year.
(3)
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted.
(4)
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year.
(5)
Prescribed burning and the clearing and maintaining
of fire breaks.
B.
Any application for forestry activities in that portion of the Township
located within the Pinelands Area shall comply with the application
procedures and standards of the Pinelands Comprehensive Management
Plan (N.J.A.C. 7:50-6.41 through 7:50-6.48).
[Amended 6-20-2012 by Ord. No. 27-2012]
D.
Forestry permit procedures.
(1)
Applications for forestry permits shall be submitted
to the Zoning Officer and shall be accompanied by an application fee
of $25.
(2)
Within 14 days of receipt of an application,
the Zoning Officer shall determine whether the application is complete
and, if necessary, notify the applicant in writing of any additional
information which is necessary to complete the application. Should
the Zoning Officer fail to make such a determination within 14 days,
the application shall be considered to be complete as of the 15th
day following its submission.
(3)
Within 45 days of determining an application to be complete pursuant to Subsection D(2) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection C above or disapprove any application which does not meet the requirements of Subsection C above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(4)
Upon receipt of a notice of disapproval pursuant to Subsection D(3) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection C above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(3) above.
(5)
Failure of the Zoning Officer to act within the time period prescribed in Subsection D(3) and (4) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(7)
Forestry permits shall be valid for a period
of 10 years. Nothing in this section shall be construed to prohibit
any person from securing additional permits, provided that the requirements
of this chapter and the Pinelands Comprehensive Management Plan are
met.
E.
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(3) above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
F.
Notification of harvesting. No harvesting shall be
commenced until the applicant has provided the Zoning Officer with
72 hours' written notice of the intention to begin harvesting operations.
[Amended 7-14-1993 by Ord. No. 30-1993]
A.
Authority to issue certificates of appropriateness.
(1)
The Planning Board shall issue all certificates of appropriateness except as specified in § 225-50.6A(2) below.
(2)
The Board of Adjustment shall issue certificates
of appropriateness for those applications for development which it
is otherwise empowered to review.
B.
Certificates of appropriateness shall be required
for the following:
(1)
Construction, encroachment upon, alteration,
remodeling, removal, disturbance or demolition of any resource designated
by the 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
C.
Applications for certificates of appropriateness shall
include the information specified in N.J.A.C. 7:50-6.156(b).
D.
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 including
a statement as to the presence of any properties listed on the National
and State Registers of Historic Places on the site or within the area
of the projects' potential environmental impacts; a thorough search
of state, local and any other pertinent inventories to identify sites
of potential significance; a review of the literature and consultation
with professional and avocational archaeologists knowledgeable about
the area; thorough pedestrian and natural resources surveys; archaeological
testing as necessary to provide reasonable evidence of the presence
or absence of historic resources of significance; adequate recording
of the information gained and methodologies and sources used; and
a list of personnel involved and qualifications of the person(s) performing
the survey.
[Amended 6-25-1997 by Ord. No. 25-1997]
(1)
This requirement for a survey may be waived
by the local approval agency if:
(a)
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
(b)
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of Pinelands culture; or
(c)
The evidence of cultural activity lacks any potential for significance pursuant to the standards of § 225-50.6D(2) below.
(2)
A resource shall be deemed to be significant
if it possesses integrity of location, design, setting, materials,
workmanship, feeling and association which reflects its significance
in American history, architecture, archaeology or culture under one
or more of the following criteria:
(a)
The presence of structures, sites or areas associates
with events of significance to the cultural, political, economic or
social history of the nation, state, local community or the Pinelands;
(b)
The presence of structures, sites or areas associated
with the lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community or the Pinelands;
(c)
The presence of structures that represent the
work of a master, or that possess high artistic values, or that embody
the distinctive characteristics of a type, period or method of construction,
or that represent a distinguishable entity of significance to the
architectural, cultural, political, economic or social history of
the nation, state, local community or the Pinelands, although its
components may lack individual distinction; or
(d)
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the Pinelands.
E.
The standards governing the issuance of certificates
of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by
the Planning Board and Board of Adjustment.
F.
The effect of the issuance of a certificate of appropriateness
is as follows:
(1)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in § 225-50.6F(2) below.
(2)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in § 225-50.6D above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-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 6-25-1997 by Ord. No. 25-1997]
G.
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity:
(1)
A narrative description of the resource and
its cultural environment;
(2)
Photographic documentation to record the exterior
appearance of buildings, structures and engineering resources;
(3)
A site plan depicting in correct scale the location
of all buildings, structures and engineering resources; and
(4)
A New Jersey state inventory form as published
by the New Jersey Department of Environmental Protection and Energy
for buildings and a narrative description of any process or technology
if necessary to elaborate upon the photographic record.
H.
If archaeological data is discovered on a site at
any time after construction has been commenced, the developer shall
immediately cease construction, notify the Planning Board and the
Pinelands Commission and take all reasonable steps to protect the
data in accordance with the Guidelines for the Recovery of Scientific,
Prehistoric, Historic and Archaeological Data: Procedures for Notification,
Reporting and Data Recovery (35 CFR 66).
Refer to Chapter 189 of the Code of the Township of Egg Harbor.
All structures within 1,000 feet of the center
line of the Great Egg Harbor River shall be designed to avoid visual
impacts as viewed from the river.
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
A.
No development shall be carried out by any person
unless it is designed to avoid irreversible adverse impacts on the
survival of any local populations of the threatened or endangered
plants of the Pinelands cited in N.J.A.C. 7:50-6.27, and as may be
from time to time amended, of the Comprehensive Management Plan.
B.
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.
C.
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
D.
All applications for site plan approval and major subdivision approval shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection E below.
E.
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 D above or required pursuant to § 94-22A of Chapter 94 shall incorporate the following elements:
(1)
The limits of clearing shall be identified.
(2)
Existing vegetation, including New Jersey's
Record Trees as published by the New Jersey Department of Environmental
Protection in 1991 and periodically updated, shall be incorporated
into the landscape design where practical.
(3)
Permanent lawn or turf areas shall be limited
to those specifically intended for active human use such as play fields,
golf courses and lawns associated with a residence or other principal
nonresidential use. Existing wooded areas shall not be cleared and
converted to lawns except when directly associated with and adjacent
to a proposed structure.
(4)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25
shall be used for revegetation or landscaping purposes. Other shrubs
and trees may be used in the following circumstances:
(a)
When the parcel to be developed or its environs
contain a predominance of shrubs and tree species not authorized by
N.J.A.C. 7:50-6-25;
(b)
For limited ornamental purposes around buildings
and other structures; or
(c)
When limited use of other shrubs or tree species
is required for proper screening or buffering.
A.
All development permitted under this article shall
be designed and carried out so that the quality of surface and groundwater
will be protected and maintained. Agricultural use shall not be considered
development for purposes of this section.
B.
Except as otherwise provided herein, no development
shall be permitted which degrades surface or groundwater quality or
which establishes new point sources of pollution.
[Amended 7-14-1993 by Ord. No. 30-1993]
C.
No development shall be permitted which does not meet
the minimum water quality standards of the State of New Jersey or
the United States.
D.
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections E through I below, provided that:
(1)
There will be no direct discharge into any surface
water body;
(2)
All discharges from the facility or use are
of a quality and quantity such that groundwater exiting from the parcel
of land or entering a surface body of water will not exceed two parts
per million nitrate/nitrogen;
(3)
All public wastewater treatment facilities are
designed to accept and treat septage; and
(4)
All storage facilities, including ponds or lagoons,
are lined to prevent leakage into groundwater.
E.
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection D(2) above, provided that:
[Amended 7-14-1993 by Ord. No. 30-1993]
(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 developments;
(3)
Adherence to Subsection D(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standards will result in excessive user fees; and
[Amended 6-25-1997 by Ord. No. 25-1997]
(4)
The design level of nitrate/nitrogen attention
is the maximum possible within the cost limitations proposed by such
user fee guidelines, but in no case shall groundwater existing from
the parcel or entering a surface body of water exceed 5 parts per
million nitrate/nitrogen.
[Amended 6-25-1997 by Ord. No. 25-1997]
F.
Improvements to existing commercial, industrial and
wastewater treatment facilities which discharge directly into surface
waters may be permitted, provided that:
[Amended 7-14-1993 by Ord. No. 30-1993]
(1)
There is no practical alternative available that would adhere to the standard of § 225-50.10D(1) above;
[Amended 6-25-1997 by Ord. No. 25-1997]
(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 nitrate/nitrogen levels of the surface waters
at the discharge point do not exceed two parts per million. In the
event that the 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.
G.
Individual on-site septic wastewater treatment systems
which are not intended to reduce the level of nitrate/nitrogen in
the wastewater may be permitted, provided that:
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
(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 G(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.
(3)
Only contiguous lands located within the same
zoning district and Pinelands management area as the proposed system
or systems may be utilized for septic dilution purposes, except for
the development of an individual single-family dwelling on a lot existing
as of January 14, 1981, nonresidential development on a lot of five
acres or less existing as of January 14, 1981, or cluster development
as permitted by N.J.A.C. 7:50-5.19.
(4)
The depth to seasonal high water table is at
least five feet.
(5)
Any potable water well will be drilled and cased
to a depth of at least 100 feet, unless the well penetrates an impermeable
clay aquiclude, in which case the well shall be cased to at least
50 feet.
(6)
The system will be maintained and inspected in accordance with the requirements of § 225-50.10K below.
(7)
The technology has been approved for use by
the New Jersey Department of Environmental Protection.
(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 the number of employees may not be utilized
in calculating flow values for office uses. In the event that N.J.A.C.
7:9A-7.4 does not provide flow values for a specific use, but a flow
value is assigned for that use in 7:14A-23.3(a), the flow value specified
in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
H.
Individual on-site septic wastewater treatment systems
which are intended to reduce the level of nitrate/nitrogen in the
wastewater may be permitted, provided that:
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
(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 G(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 N.J.A.C. 7:50-5.47.
J.
Individual wastewater treatment facility and petroleum
tank maintenance.
(1)
The owner of every on-site septic wastewater
treatment facility in the Pinelands Area of the Township 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[3] and Section 201 of the Clean Water Act:
[Amended 7-14-1993 by Ord. No. 30-1993]
(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 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.
[3]
Editor's Note: See N.J.S.A. 13:1E-1 et seq.
K.
Water management.
(1)
Interbasin transfer of water between watersheds
in the Pinelands Area of the Township should be avoided to the maximum
extent practical. In areas served by central sewers, conservation
devices such as water-saving toilets, showers and sink-faucets shall
be installed in all new developments.
(2)
Water shall not be exported from the Pinelands
Area except as otherwise provided in N.J.S.A. 58:1A-7.1.
[Amended 7-14-1993 by Ord. No. 30-1993]
L.
Prohibited chemicals and materials.
(2)
All storage facilities for de-icing chemicals
shall be lined to prevent leaking into the soil and shall be covered
with an impermeable surface which shields the facility from precipitation.
(3)
No person shall apply any herbicide to any road
or public utility right-of-way within the Pinelands Area of the Township
unless necessary to protect an adjacent agricultural activity.
(4)
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 6-25-1997 by Ord. No. 25-1997]
[Amended 7-14-1993 by Ord. No. 30-1993]
Wetlands are those areas where the substrate
is inundated or saturated by surface or groundwater at a frequency,
magnitude and duration sufficient to support, and under normal circumstances
do support a prevalence of vegetation adapted for life in saturated
soil conditions known as "hydrophytes." Wetlands include lands with
poorly drained or very poorly drained soils with seasonal high water
tables of one foot or less from the surface, as designated by the
National Cooperative Soils Survey of the Soil Conservation Service
of the United States Department of Agriculture. Egg Harbor Township
has both a coastal wetlands and an inland wetlands classification,
including submerged lands. Specific wetland types are described in
N.J.A.C. 7:50-6.4 and 6.5.
A.
Prohibited development. Development shall be prohibited
in all wetlands and wetlands transition areas within the Township
except as otherwise specified in this section.
(1)
Horticulture of native Pinelands species and
berry agriculture shall be permitted in all wetlands subject to the
requirements of N.J.A.C. 7:50-6.51 through 7:50-6.54.
(2)
Beekeeping shall be permitted in all wetlands.
(3)
Forestry shall be permitted in all wetlands subject to the requirements
of N.J.A.C. 7:50-6.41 through 7:50-6.48.
[Amended 6-20-2012 by Ord. No. 27-2012]
(4)
Fish and wildlife management and wetlands management shall be
permitted in all wetlands subject to the requirements of N.J.A.C.
7:50-6.10.
[Amended 6-20-2012 by Ord. No. 27-2012]
(5)
Hunting, fishing, trapping, hiking, boating, swimming and other similar low-intensity recreational uses shall be permitted in all wetlands, provided that such uses do not involve any structure other than those authorized in § 225-50.11B.
B.
Water-dependent recreational facilities.
(1)
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 set forth in § 225-50.11E below and conforms to all state and federal regulations.
(2)
Commercial or public docks, piers, moorings
and boat launches shall be permitted, provided that:
(a)
There is a demonstrated need for the facility
that cannot be met by existing facilities;
(b)
The development conforms with all state and
federal regulations; and
(c)
The development will not result in a significant adverse impact as set forth in § 225-50.11E below.
C.
Bridges, roads, trails and utility transmission and
distribution facilities and other similar linear facilities shall
be permitted in wetlands, provided that:
(1)
There is no feasible alternative route for the
facility that does not involve development in a wetland or, if none,
that another feasible route which results in less significant adverse
impacts on wetlands does not exist;
(2)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof;
(3)
The use represents a need which overrides the
importance of protecting the wetland;
(4)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland;
and
(5)
The resources of the Pinelands will not be substantially
impaired as a result of the facility and its development as determined
exclusively based on the existence of special and unusual circumstances.
D.
No development, except for those uses which are specifically authorized in this section, shall be permitted within any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in § 225-50.11E below.
E.
Significant adverse impact. A significant adverse
impact shall be deemed to exist where it is determined that one or
more of the following modifications of a wetland will have an irreversible
effect on the ecological integrity of the wetland and its biotic components,
including but not limited to threatened or endangered species of plants
or animals. Determinations of significant adverse impact shall consider
the cumulative modifications of a wetland due to development proposed
and any other existing or potential development which may affect the
wetland. For the purpose of determining a significant adverse impact
on wetlands, the following standards shall be used:
(1)
An increase in surface water runoff discharging
into a wetland;
(2)
A change in the normal seasonal flow patterns
in the wetland;
(3)
An alteration of the water table in the wetland;
(4)
An increase in erosion resulting in increased
sedimentation in the wetland;
(5)
A change in the natural chemistry of the ground
or surface water in the wetland;
(6)
A loss of wetland habitat;
(7)
A reduction in wetland habitat diversity;
(8)
A change in wetland species composition; or
(9)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
[Added 7-14-1993 by Ord. No. 30-1993; amended 5-15-1996 by Ord. No. 12-1996]
Where the keeping or storing of any motor vehicle, junk automobile or junk automobile body is permitted pursuant to Chapter 211 of the Township Code, all such vehicles either kept or stored shall have the gas and radiators drained and shall be adequately screened from adjacent residential uses and scenic corridors. This section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
[Added 7-14-1993 by Ord. No. 30-1993]
A.
No residential dwelling unit or nonresidential use
shall be located on a lot of less than 40,000 square feet in size,
excluding road rights-of-way, unless served by a centralized wastewater
treatment plant.
B.
Notwithstanding the requirements of § 225-50.13A above, an application for residential development not served by a centralized wastewater treatment plant on lots between 32,000 square feet and 40,000 square feet in size, excluding road rights-of-way, in the RG-2 District may be considered without the necessity for a municipal lot size or density variance, provided that a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq. This subsection shall also apply to residential development on lots between 20,000 square feet and 40,000 square feet in size, excluding road rights-of-way, in the RG-3, RG-4 and RG-5 Districts.
[Amended 3-24-2004 by Ord. No. 14-2004]
C.
Notwithstanding the requirements of § 225-50.13A and B, no residential dwelling unit or nonresidential use shall be located on a lot with less than 100 feet of lot width, unless served by a centralized wastewater treatment plant.
[Added 6-8-1994 by Ord. No. 25-1994; amended 9-13-1995 by Ord. No. 18-1995]
A.
Notwithstanding any other minimum lot area provision
in this chapter, the owner of a parcel of land of an acre or more
in the Pinelands Area shall be entitled to develop one detached single-family
dwelling on the parcel, provided that:
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
(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 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.
(3)
The parcel was not in common ownership with any contiguous
land on or after February 8, 1979, that contains substantial improvements.
(4)
The parcel includes all vacant contiguous lands in
common ownership on or after February 8, 1979.
B.
[1]Lots in subdivisions which obtained approval from the Pinelands
Commission pursuant to the Interim Rules and Regulations, meet the
standards of N.J.A.C. 7:50-4.1(b)4 and for which a completed application
for a local construction permit was submitted prior to December 31,
1996, shall be exempt from the lot size requirements of this chapter.
[Added 12-23-1996 by Ord. No. 44-1996; amended 2-12-1997 by Ord. No. 2-1997]
A.
Residential use density shall be increased in accordance with Subsection B hereof, §§ 225-44E, 225-45E, 225-46E, 225-47E, 225-48E and 225-49Y of this chapter and N.J.A.C. 7:50-5.41 to 5.47 through the applicant's proof of ownership of Pinelands development credits.
[Amended 7-14-1993 by Ord. No. 30-1993; 9-12-2012 by Ord. No. 37-2012]
B.
A bonus of one residential unit shall be yielded for
every 0.25 of a Pinelands development credit redeemed. In no event
shall the number of residential units to be constructed exceed that
which is permitted pursuant to the density per acre with Pinelands
development credits.
C.
Pinelands development credits may be used in the
Township in the following manner:
[Amended 7-14-1993 by Ord. No. 30-1993]
(1)
To permit development of parcels of land in the RG-1, RG-2, RG-3, RG-4, RG-5 and AH-RG-4 Zones according to the density and lot area requirements set forth in §§ 225-44E, 225-45E, 225-46E, 225-47E, 225-48E and 225-49Y of this chapter;
[Amended 3-24-2004 by Ord. No. 14-2004; 9-12-2012 by Ord. No. 37-2012]
(2)
When a variance of density or minimum lot area requirements
for the RG-1, RG-2, RG-3, RG-4 or RG-5 Zones is granted by the Township,
Pinelands development credits shall be used for all dwelling units
in excess of that otherwise permitted without the variance.
[Amended 3-24-2004 by Ord. No. 14-2004]
(3)
When a variance or other approval for a residential
use in the HB, CB, M-1, RB, NB, RP, PO-1 or PO-2 Zones is granted
by the Township, Pinelands development credits shall be used for 50%
of the authorized units for parcels under 10 acres in size; for 75%
of the authorized units for parcels between 10 and 20 acres in size
and for 100% of the authorized units for parcels over 20 acres in
size.
[Amended 5-23-2001 by Ord. No. 17-2001]
(4)
When a variance or other approval for a nonresidential
use not otherwise permitted in the RG-1, RG-2, RG-3, RG-4, RG-5 or
AH-RG-4 Zone is granted by the Township, Pinelands development credits
shall be used at 50% of the maximum rate permitted for Pinelands development
credit use in the zone in which the nonresidential use will be located
for parcels under 10 acres in size; at 75% of the maximum rate for
parcels between 10 and 20 acres in size; and at 100% of the maximum
rate for parcels over 20 acres in size. This requirement shall not
apply to a variance or other approval which authorizes the expansion
of or changes to existing nonresidential uses in accordance with N.J.A.C.
7:50-5.2.
[Amended 5-23-2001 by Ord. No. 17-2001; 3-24-2004 by Ord. No. 14-2004; 9-12-2012 by Ord. No. 37-2012]
(5)
When a waiver of strict compliance is granted by the
Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
D.
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 Pinelands development credits were obtained.
[Added 7-14-1993 by Ord. No. 30-1993]
E.
Such deed restriction shall specify the number of
Pinelands development credits sold and that the property from which
the credits are sold may only be used in perpetuity for the uses permitted
by N.J.A.C. 7:50-5.47.
[Added 7-14-1993 by Ord. No. 30-1993]
F.
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant general development plan, preliminary subdivision or preliminary 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 Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 225-53.4 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval or, if no such approval is required, prior to the issuance of any construction permits.
[Added 7-14-1993 by Ord. No. 30-1993; amended 6-25-1997 by Ord. No. 25-1997; 5-23-2001 by Ord. No. 17-2001]
G.
In no case shall a building or construction permit
be issued for any development involving the use of Pinelands development
credits until the developer has provided the Pinelands Commission
and the Township with evidence of his ownership of the requisite Pinelands
development credits and those Pinelands development credits have been
redeemed with the Township.
[Added 7-14-1993 by Ord. No. 30-1993]
H.
Pinelands development credits may be allocated to
certain properties in the Township by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.61 et seq.
[Added 7-14-1993 by Ord. No. 30-1993]
[1]
Editor's Note: Former § 225-53, Affordable housing,
added 12-21-2011 by Ord. No. 37-2011, was repealed 2-27-2013 by Ord.
No. 4-2013.