A. No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified in Article IV for each particular zoning district, except in the R-60, R-80, R-96, R-100 and R-200 Zones where a swimming pool may be located no closer than 15 feet to another structure. [Amended 11-7-1986 by Ord. No. 26-1986]
B. A swimming pool shall occupy no more than 75% of the rear yard area in which it is located.
C. A private residential swimming pool area must be surrounded by a suitable self-latching fence at least four feet but no more than six feet in height. [Amended 11-7-1986 by Ord. No. 26-1986]
Within any district allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the requirements specified in Article IV and until the site plan has been reviewed by the Planning Board. [Amended 8-6-1982 by Ord. No. 16-1982]
A. Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development, which shall include consideration of landscaping techniques, building orientation to the site and to other structures, topography, natural features and individual dwelling unit design, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination for each dwelling unit. Any overall structure of attached townhouses shall provide that no more than two adjacent dwelling units have the same setback.
B. Prior to Planning Board approval, a certification by the Township Engineer shall be required confirming the adequacy and availability of public water and sanitary sewer facilities to service the proposed development. Prior to the issuance of a certificate of occupancy, all dwelling units shall be connected to approved and functioning public water and sanitary sewer facilities.
C. The total area devoted to parking shall not exceed 20% of the tract. All parking facilities shall be on the same site as the building and located within 150 feet of the nearest entrance of the building they are intended to serve. Parking spaces shall be provided in areas designed specifically for parking and there shall be no parking along interior streets.
D. No townhouse dwelling unit shall be less than 16 feet wide. Building coverage shall not exceed 20% of the tract area.
E. All buildings shall be Type 2 fire resistive by FHA standards. In addition, each overall structure of attached townhouses shall provide fire walls extending through the roof surface by at least six inches in the form of either extensions of the wall through and roof surface or as offsetting roof lines and fire walls shall be constructed as the side walls of all dwelling units.
F. No outside area or equipment shall be provided for the hanging of laundry or the outside airing of laundry in any manner. Sufficient area and equipment shall be made available within each building for the laundering and artificial drying of laundry of occupants of each building.
G. Each building shall contain a single master television antenna system which shall serve all dwelling units within the building.
H. Entranceways, parking areas and walkways shall be adequately lighted both for safety and security purposes.
No open space provided around any principal building for the purposes of complying with the front, side or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
Front yards shall be measured as defined in this chapter. On a lot which extends through a block in a manner resulting in frontage on two or more streets, the building setback from each street, whether considered the front, side or rear yard, shall not be less than the required depth of a front yard in the district in which said lot or applicable portion of the lot is located.
[Added 8-6-1982 by Ord. No. 16-1982]
A. General. 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. Except as otherwise authorized in this chapter, the extraction or mining of mineral resources other than sand, gravel, clay and ilmenite is prohibited in the Pinelands Area. [Amended 4-6-1989 by Ord. No. 11-1989]
B. Wetlands.
(1) [Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989; 9-16-1993 by Ord. No. 11-1993] Uses. No development in the Pinelands Area shall be permitted in a wetland or in wetlands transition areas except for the following uses:
(a) Horticulture of native Pinelands species in accordance with the requirements of Subsection F.
(b) Berry agriculture in accordance with the requirements of Subsection F.
(c) Beekeeping.
(d) Forestry in accordance with the requirements of Subsection F.
(e) Fish and wildlife management consistent with state and federal regulations, provided that there is no significant adverse impact on the wetland as set forth in Subsection B(2) hereof.
(f) 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 Subsection B(2) below.
(g) Private docks, piers, moorings and - boat launches for the use of the landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection B(2) hereof.
(h) Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
[1] There is no feasible alternative route for the facility that does not involve development in a wetlands or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist.
[2] The need for the proposed linear improvement cannot be met by existing facilities or modification thereof.
[3] The use represents a need which overrides the importance of protecting the wetland.
[4] Development of the facility will include all practical measures to mitigate the adverse impact on the wetland.
[5] The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(i) Commercial or public docks, piers, moorings and boat launches, provided that:
[1] There is a demonstrated need for the facility that cannot be met by existing facilities.
[2] The development conforms to all state and federal regulations.
[3] The development will not result in a significant adverse impact as set forth in Subsection B(2) hereof.
(2) [Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989] Performance standards. No development in the Pinelands Area, other than those specified in Subsection B(l)(a) through (e) above, shall be carried out in a wetland or within 300 feet of a wetland unless the applicant has demonstrated that the development will not have the effect of modifying the wetland such that the development will result in an irreversible adverse impact on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals, in one or more of the following ways:
(a) An increase in surface water runoff discharging into a wetland.
(b) A change in the normal seasonal flow patterns in the wetland.
(c) An alteration of the water table in the wetland.
(d) An increase in erosion resulting in increased sedimentation in the wetland.
(e) A change in the natural chemistry of the ground- or surface water in the wetland.
(h) A change in wetlands species composition.
(i) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
(3) Determinations under Subsection B(2) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland. [Added 4-6-1989 by Ord. No. 11-1989]
C. Vegetation. [Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989; 4-3-1997 by Ord. No. 1-1997]
(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:
(a) Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental, Protection in 1991 and periodically updated; and
(b) Revegetate or landscape areas temporarily cleared or disturbed during development activities.
(3) All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection C(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 C(3) above shall incorporate the following elements:
(a) The limits of clearing shall be identified.
(b) Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design, where practical.
(c) Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
(d) Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
[1] When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[2] For limited ornamental purposes around buildings and other structures; or
[3] When limited use of other shrubs or tree species is required for proper screening or buffering.
(5) Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
D. Fish and wildlife.
(1) Protection of threatened or endangered wildlife required. No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq. [Amended 4-6-1989 by Ord. No. 11-1989]
(2) Protection of wildlife habitat. All development shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
E. Forestry. [Amended 4-6-1989 by Ord. No. 11-1989; 11-2-1984 by Ord. No. 23-1984; 2-5-1998 by Ord. No. 35-1997]
(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 fore practices on residentially improved parcels of land that are five acres or less in size.
(b) Tree harvesting, provided that no more than one load 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 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.
(e) Prescribed burning and the clearing and maintaining of fire breaks.
(2) Forestry application requirements. The information in Subsection E(2)(a), (b) or (c) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
(a) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b) For forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:
[1] A copy of the woodland management plan, the scaled map of the parcel and a completed woodland data form, prepared pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7 through 18:15-2.15.
[2] If not already contained in the woodland management plan required in Subsection E(2)(b)[1] above, the following shall be submitted:
[a] The applicant's name, address and interest in the subject parcel.
[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 block and lot designation and street address, if any, of the subject parcel.
[d] A brief written statement generally describing the proposed forestry activities.
[e] The relevant portion of a United States Geological Survey (USGS) Quadrangle Map, or copy thereof, and a copy of the relevant portion of the Municipal Tax Map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.
[3] A scaled map or statement indicating how the standards set forth in Subsection E(3)(b), (c), (d), (f), (i), (j) and (l) below will be met.
[4] A letter from the Office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 190-50C(5) and 190-50D(l).
[5] Unless the Pinelands Commission determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 190-50L.
[6] A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the stand set forth in Subsection E(3)(h) below.
[7] 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.
[8] A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455.
[9] A letter from the New Jersey State Forester commenting on the extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant. must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsection E(3)(i) and (j) below.
[10] A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34.
[11] When prior approval for the forestry activities has been granted by the Zoning Officer or other township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 190-66E.
(c) For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:
[1] The information required in Subsection E(2)(b)[2] through [11] above.
[2] A forestry activity plan which includes, as appropriate:
[a] A cover page for the forestry activity 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.
[v] The date the plan was prepared 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, silvicultural prescriptions and management practices.
[c] A description of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:
[i] The number of acres.
[ii] The species composition, including overstory and understory.
[iii] The general condition and quality.
[iv] The structure, including age classes, diameter breast height (DBH) classes and crown classes.
[v] The overall site quality.
[vi] The condition and species composition of advanced regeneration, where applicable.
[vii] The stocking levels, growth rates and volume.
[d] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period. These may include, but are not necessarily limited to, a description of:
[i] Stand improvement practices.
[ii] Site preparation practices.
[iii] Harvesting practices.
[iv] Regeneration and reforestation practices.
[v] Improvements, including road construction, stream crossings, landings, loading areas and skid trails.
[vi] Herbicide treatments.
[e] A description, if appropriate, of the forest products to be harvested, including the following:
[i] Volume: cords, board feet.
[ii] Diameter breast height (DBH) classes and average diameter.
[iii] Age.
[iv] Heights.
[v] Number of trees per acre.
[f] A property 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.
[ix] A legend defining the symbols appearing on the map.
(3) Forestry standards. Forestry operations shall be approved if the standards set forth below will be met:
(a) All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection E(2)(b)[8] above shall serve as evidence that this standard is met.
(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) All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where nonnative species are proposed to be harvested.
(d) The following actions shall be required to encourage the reforestation 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.
[6] Utilizing the least intrusive harvesting techniques, including the use of winches and corduroy roads, where practical.
(e) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in 190-50C(5) and 190-50D(l).
(f) 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.
(g) 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 § 190-50L.
(h) Herbicide treatments shall be permitted, provided that:
[1] The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection E(2)(b)[6] above.
[2] Control of competitive plant species is clearly necessary.
[3] Control of competitive plant species by other nonchemical means is not feasible.
[4] All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant state and federal requirements.
(i)A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested or reestablished. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met.
(j) 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 minimize changes to surface and ground water hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Management Practices Manual shall serve as evidence that this standard is met.
(k)A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.
(1)No clear cutting shall be conducted within a buffer of at least 100 feet from any property or street line nor within a buffer of at least 200 feet from any dwelling, and the limits of such buffer shall be clearly flagged prior to the start of clear cut activities.
(4)Forestry permit procedures.
(a) Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(b)Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(c)The applicant shall, within 10 days of receiving notification from the Zoning Officer that an application has been deemed complete, give public notice of the submittal of a complete application for a forestry permit. The notice shall state the nature of the application under consideration; identify the property proposed for forestry by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate; and indicate the location and times at which any maps or documents for which approval is sought are available. Notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
(d)Within 45 days of determining an application to be complete pursuant to Subsection E(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Office shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection E(3) above or disapprove any application which does not meet the requirements of Subsection E(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(e) Upon receipt of a notice of disapproval pursuant to Subsection E(4)(d) 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 E(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection E(4)(d) above.
(f)Failure of the Zoning Officer to act within the time period prescribed in Subsection E(4)(d) and (e) 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)In reviewing and issuing permits for forestry applications, the Zoning Officer also comply with the Pinelands Area notice and review procedures set forth in § 190-66D through G.
(h)Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any permit from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
(5)Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection E(4)(d) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
(6)Financial surety requirements. Upon the issuance of a forestry permit pursuant to Subsection E(4)(d) above, the applicant shall be required to post a financial surety in accordance with the following requirements:
(a)The surety shall be for the sole purpose of ensuring proper performance during any harvesting operation and shall not be intended to serve as a long-term maintenance guaranty.
(b)The surety shall not exceed $500 or 10% of the stumpage value of the wood to be harvested during the duration of any approval or permit which is granted, whichever is greater.
(c)The surety shall not be required to be posted for a period exceeding two years. This shall not preclude a requirement for the posting of sureties for succeeding two-year periods, provided that the requirements set forth above in this section are met.
(7)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.
(8)Penalties. Any person violating any provisions of this Subsection E shall be subject to a fine not exceeding $1,000 or imprisonment for up to 90 days, or both, in the discretion of the Judge of the Municipal Court of the Township of Pemberton. For purposes of determining such penalties, each day of violation shall constitute a separate offense.
F. Recommended management practices for agriculture.
(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)[Added 5-6-1983 by Ord. No. 7-1983] In Agricultural Production Districts and Special Agricultural Production Districts, a Resource Conservation Plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The Resource Conservation Plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
(a)Erosion and runoff: Soil Conservation Service Technical Guide.
(b)Animal waste: Soil Conservation Service Animal Waste Management Field Manual.
(c)Fertilizers and pesticides: Rutgers University, Cook College, Cooperative Extension Service Annual Recommendations.
(3) All agricultural operations in any Agricultural Production or Special Agricultural Production District shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health. [Added 5-6-1983 by Ord. No. 7-1983]
G. 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 4-3-1997 by Ord. No. 1-1997]
H. Water quality.
(1) General. [Added 5-6-1983 by Ord. No. 7-1983]
(a)All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
(b)Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted. [Amended 4-6-1989 by Ord. No. 11-1989]
(c)No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
(2)[Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989] Minimum standards for point and nonpoint source discharges. The following point and nonpoint sources may be developed and operated in the Pinelands:
(a)[Amended 4-3-1997 by Ord. No. 1-1997] 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 H(2)(b) through (f) 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.
[4] All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(b) Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of § 190-50B(2) above, provided that:
[1] There will be no direct discharge into any surface water body.
[2] The facility is designated only to accommodate wastewater from existing residential, commercial and industrial development.
[3] Adherence to Subsection B(2) above cannot be achieved due to limiting site conditions or that the costs, to comply with the standard, will result in excessive user fees. [Amended 4-3-1997 by Ord. No. 1-1997]
[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 4-3-1997 by Ord. No. 1-1997]
(c) Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
[1] [Amended 4-3-1997 by Ord. No. 1-1997] There is no practical alternative available that would adhere to the standards of Subsection H(2)(a)[1] above;
[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) [Amended 4-3-1997 by Ord. No. 1-1997] Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[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 H(2)(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 § 190-50M or 190-50R;
[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 Subsection H(3) below;
[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 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 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) [Amended 4-3-1997 by Ord. No. 1-1997] Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:
[1] The standards set forth in Subsection H(2)(d)[1] and (d)[3] through [8] above are met;
[2] If the proposed development is nonresidential, it is located outside the Preservation District, R-100 District, R-17 District, Agricultural Production District, Agricultural Residential District, Agricultural Production Area portion of the GCLI District, Special Agricultural Production District, R-6 District and Rural Development Area portion of the R-3 District; and
[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 H(2)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(4)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 § 190-50M or 190-50R.
(f) [Amended 4-3-1997 by Ord. No. 1-1997] Surface water runoff, provided that:
[1] The total runoff generated from any net increase in impervious surfaces by a ten-year storm of a twenty-four-hour duration shall be retained and infiltrated onsite. Runoff volumes shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4;
[2] The rates of runoff generated from the parcel by a two-year, ten-year and one-hundred-year storm, each of a twenty-four-hour duration, shall not increase as a result of the proposed development. Runoff rates shall be calculated in accordance with the United States Soil Conservation Service Technical Release No. 55 or the S.C.S. National Engineering Handbook, Section 4;
[3] Surface water runoff shall not be directed in such a way as to increase the volume and rate of discharge into any surface water body from that which existed prior to development of the parcel;
[4] Excessively and somewhat excessively drained soils, as defined by the Soil Conservation Service, should be avoided for recharge of runoff wherever practical;
[5] A minimum separation of two feet between the elevation of the lowest point of the bottom of the infiltration or detention facility and the seasonal high-water table is met, or a lesser separation when it is demonstrated that the separation, either due to soil conditions or when considered in combination with other stormwater management techniques, is adequate to protect groundwater quality; and
[6] A four-year maintenance guaranty is provided for the entire stormwater management system by the applicant. In addition, the applicant shall fund or otherwise guarantee an inspection and maintenance program for a period of no less than ten years. The program shall identify the entity charged with responsibility for annual inspections and the completion of any necessary maintenance and the method to finance said program.
(3) Individual wastewater treatment facility and petroleum tank maintenance. [Amended 4-6-1989 by Ord. No. 11-1989]
(a)The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Laws of 1975, amending the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and Section 201 of the Clean Water Act:
[1] Have the facility inspected by a technician at least once every three years.
[2] Have the facility cleaned at least once every three years.
[3] Once every three years submit to the local Board of Health a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection.
(b) The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.
(4)Prohibited chemicals and materials.
(a)Use of the following substances is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground- or surface water or any land:
[1] Septic tank cleaners.
[2] Waste oil.
(b)All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(c)No 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.
(5)Interbasin 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:IA-7.1. [Amended 4-16-1989 by Ord. No. 11-1989]
I. Scenic.
(1) Setbacks and screening requirements for scenic corridors.
(a) No development shall be located within 200 feet of the center line of a public paved road in the Pinelands Area, except for those roads which provide for internal circulation within a residentially developed area, unless environmental or other physical considerations make it impractical to do so; provided, however, that the development shall be set back as close to 200 feet as practicable and the site shall be landscaped so as to provide screening from the corridor except in a cleared agricultural area. [Amended 4-6-1989 by Ord. No. 11-1989]
(b)Notwithstanding the provisions of Subsection I(1)(a) above, all structures within 1,000 feet of the center line of the Rancocas Creek and the Mount Misery Branch within the Pinelands Area shall be designed to avoid visual impacts as viewed from the river.
(2)Screening and storage of motor vehicles. Within the Pinelands Area, no person shall store more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, 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. Draining vehicles shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes or for service stations which are proposed for use pursuant to § 190-56B of this chapter.
(3)Location of utilities.
(a)New utility distribution lines and telephone lines to locations not served by such utilities as of the date of this chapter shall be placed underground, except for those lines which are located on or immediately adjacent to active agricultural operations.
(b)All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
(c)Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened in accordance with the vegetation requirements of Subsection C of this section. [Amended 4-6-1989 by Ord. No. 11-1989]
J. Fire management. No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard as defined in § 190-51, of this chapter unless such development complies with the following standards:
(1)All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment. [Amended 4-6-1989 by Ord. No. 11-1989]
(2)The rights-of-way of all roads shall be maintained so that they provide an effective fire break.
(3)A fire hazard fuel break shall be provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
(a)In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure, in which:
[1] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] All dead plant material is removed.
(b)In high fire hazard areas, a fuel break of 75 feet measured outward from the structure, in which:
[1] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] All dead plant material is removed.
(c)In extreme high-hazard areas, a fuel break of 100 feet measured outward from the structure, in which:
[1] Shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis.
[2] No pine tree (Pinus species) is closer than 25 feet to another pine tree.
[3] All dead plant material is removed.
(4) All structures shall meet the following specifications:
(a)Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas. [Amended 4-6-1989 by Ord. No. 11-1989]
(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)Chimneys and stovepipes which are designed to bum solid or liquid fuels shall be equipped with screens over the outlets.
(d)Hat roofs shall be prohibited in areas where vegetation is higher than the roof.
(5)All proposed development or units or sections thereof of 25 dwelling units or more shall have two accessways of width and surface composition sufficient to accommodate fire-fighting equipment. [Added 4-6-1989 by Ord. No. 11-1989]
(6)[Added 4-6-1989 by Ord. No. 11-1989] All residential development of 100 dwelling units or more in high or extremely high-hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
(a)Shrubs, understory trees, bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.
(b)All dead plant material is removed.
(c)Roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical.
(d)There is a specific program for maintenance.
K. Recreation. All recreation areas and facilities in the Pinelands Area shall be designed in accordance with N.J.A.C. 7:50-6.143(a)(2) and 7:50-6.144(a)1-3 and with the New Jersey Department of Environmental Protection's publication, Administration Guidelines: Barrier Free Design Standards for Parks and Recreational Facilities. [Amended 4-11-1989 by Ord. No. 11-1989]
L. Historic resource preservation. [Amended 4-6-1989 by Ord. No. 11 - 1989]
(1)The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council 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 L(5) below.
(2)Authority to issue certificates of appropriateness.
(a)The Planning Board shall issue all certificates of appropriateness except as specified in Subsection L(2)(b) below.
(b)The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.
(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 Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
(b)Development not otherwise exempted from review pursuant to § 190-66A(2) of this chapter where a significant resource has been identified pursuant to Subsection L(5) below.
(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 development in the Pinelands Village Residential District and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey. [Amended 4-3-1997 by Ord. No. 1-1997]
(6) The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:506.156(c) shall be followed by the Planning Board and Board of Adjustment.
(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 L(7)(b) below.
(b) A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection L(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 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 4-3-1997 by Ord. No. 1-1997]
(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.
(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 Planning 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).
M. Pinelands development credits.
(1) Pinelands development credits established. [Amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989]
(a)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 M(1)(b) below, every parcel of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth Area District and in other portions of the Pinelands Area in special cases. 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 9-16-1993 by Ord. No. 11-1993]
(b) Pinelands development credits are hereby established at the following ratios:
[1] In the Preservation District:
[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 4-3-1997 by Ord. No. 1-1997]
[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.
[d] Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres. [Amended 4-3-1997 by Ord. No. 1-1997]
[2] In the Agricultural Production, Agricultural Residential and Special Agricultural Production Districts:
[a] Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: two Pinelands development credits per 39 acres.
[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 and acres of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.
[d] Wetlands in active field agricultural use as of February 7, 1979: two Pinelands development credits per 39 acres.
[e] Other wetlands: zero and two-tenths (0.2) Pinelands development credits per 39 acres.
(c) [Amended 9-16-1993 by Ord. No. 11-1993] The allocations established in Subsection M(1)(b) above shall be reduced as follows:
[1] 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.
[2] The Pinelands development credit entitlement of a parcel of land shall be reduced by zero and twenty-five hundredths (0.25) Pinelands development credit for each existing dwelling unit on the property.
[3] The Pinelands development credit entitlement for a parcel of land shall be reduced by zero and twenty-five hundredths (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 § 190-50M(2)(b) below or when a variance for cultural housing is approved by the township pursuant to § 190-50Q of this chapter.
[4] The Pinelands development credit entitlement for a parcel of land shall also be reduced by zero and twenty-five hundredths (0.25) Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 when a waiver of strict compliance is granted by the Pinelands Commission.
(d)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 M(1)(b) above.
(e)Notwithstanding the provisions above, the owner of record of 0. 1 or greater acres of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, 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. [Amended 9-16-1993 by Ord. No. 11-1993; 4-3-1997 by Ord. No. 1-1997]
(f)The provisions of Subsection M(1)(e) above shall also apply to owners of record of less than 0.1 acre of land in the Preservation District, Agricultural Residential District, Agricultural Production District or Special Agricultural Production District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections M(1)(b) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.1 of an acre. [Added 4-3-1997 by Ord. No. 1-1997]
(2) [Amended 4-6-1989 by Ord. No. 11-1989] Limitations on use of Pinelands development credits.
(a)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 Subsection M(5)(b) below 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 4-3-1997 by Ord. No. 1-1997]
(b)Notwithstanding the provision of Subsection M(2)(a) 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 the same and that the total allocation of Pinelands development credits for that property is reduced by zero and twenty-five hundredths (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. [Amended 9-16-1993 by Ord. No. 11-1993]
(3)Pinelands development credit bonus multipliers. Pinelands development credits which are used for securing a density bonus for parcels of land located in a Regional Growth District shall yield a bonus of four dwelling units per credit.
(4)Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a Regional Growth District.
(5)Recordation of deed restrictions. [Amended 4-6-1989 by Ord. No. 11-1989]
(a)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.
(b)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:
[1] In the Preservation District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; agricultural employee housing as an accessory use; and 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 one thousand (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 impermeable surfaces.
[2] In the Special Agricultural Production District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; agricultural employee housing as an accessory use; and fish and wildlife management.
[3] In the Agricultural Production District and Agricultural Residential District: agriculture; forestry; 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 impermeable surfaces; fish and wildlife management; agricultural sales establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; and agricultural products processing facilities. [Amended 9-16-1993 by Ord. No. 11-1993]
(6)No development involving the use of Pinelands development credits shall be approved until the Pinelands Commission has certified that the Pinelands development credits proposed for use meet the requirements outlined in N.J.A.C. 7:50, Subchapter 5, Part 4.
(7) No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township 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 Section 19066D 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.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 12- 2001.
(8)[Added 4-6-1989 by Ord. No. 11-1989; amended 9-16-1993 by Ord. No. 11-1993] Pinelands development credits shall be used in the following manner:
(a)To permit development of parcels of land in the R-I and R-A Districts according to the density and lot area requirements set forth in §§ 190-18 and 190-18.1 of this chapter.
(b)When a variance of density or minimum lot area requirements for the R-60, R-80, R-96, R-200, R-1, R-I, R-A or MH Districts or for the Regional Growth Area of the R-3 District is granted by the township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance. [Amended 4-3-1997 by Ord. No. 1-1997]
(c) When a variance or other approval for a nonresidential use not otherwise permitted in the R-1 or R-A Districts is granted by the Township, Pinelands Development Credits shall be used at 50 percent 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 percent of the maximum rate for parcels between 10 and 20 acres in size; and at 100 percent 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.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 12- 2001.
(d) When a variance or other approval for a residential use in the TC, HD or GI Districts or in the Regional Growth Area portion of the GCLI District is granted by the Township, Pinelands Development Credits shall be used for 50 percent of the authorized units for parcels under 10 acres in size; for 75 percent of the authorized units for parcels between 10 and 20 acres in size and for 100 percent of the authorized units for parcels over 20 acres in size.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 12- 2001.
(e)When a variance for cultural housing is granted by the township in accordance with § 190-50Q of this chapter.
(f)When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
(g)When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV District is granted by the township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance. [Added 4-3-1997 by Ord. No. 1-1997]
N. Energy conservation. All development shall be carried out in a manner which promotes energy conservation and maximizes active and passive solar energy in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials. [Added 5-6-1983 by Ord. No. 7-1983]
O. Air quality. [Added 5-6-1983 by Ord. No. 7-1983; amended 4-6-1989 by Ord. No. 11-1989]
(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 4-3-1997 by Ord. No. 1-1997]
(2)Applications for the following developments 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)Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the Regional Growth Area; and
(b)Residential development of 100 or more units and any other development involving more than 300 parking spaces located in any other part of the Pinelands Area.
P. [Added 4-6-1989 by Ord. No. 11-1989; am ended 4-3-1997 by Ord. No. 1-1997] Cultural housing. Residential dwelling units on lots of 3.2 acres may be permitted in any district in the Pinelands Area, provided that:
(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.
Q. [Added 9-16-1993 by Ord. No. 11-1993] Additional provisions for cultural housing. Residential dwelling units on lots of 1.0 acre may be permitted within any district within the Pinelands Area, provided that:
(1)The applicant satisfies all of the requirements set forth in § 190-50P above.
(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 by 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 three-and-two-tenths-acre lot size requirement set forth in § 190-50P above.
(4)The applicant purchases and redeems twenty-five hundredths (0.25) Pinelands development credits.
(5)Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 190-50M(2)(b) of this chapter.
R. [Added 9-16-1993 by Ord. No. 11-1993; amended 5-19-1994 by Ord. No. 4-1994] Density transfer program. Residential dwelling units on lots of at least 1.0 acre existing as of January 14, 1981, shall be permitted in the R-100, R-17 and R-6 Districts and in the Rural Development Area portion of the R-3 District, provided that:
(1)The owner of the lot proposed for development acquires sufficient density transfer development rights (DTDR's) according to the following schedule so that the combination of land and development rights equals the required minimum lot area:
(a) Within the R-100 and R-17 Districts, DTDR's shall be acquired from vacant land within either district in an amount equal to or more than the area needed to meet the minimum lot size requirement of 17 acres.
(b) Within the R-6 District, DTDR's shall be acquired from vacant land in the R-6 District in an amount equal to or more than the area needed to meet the minimum lot size requirement of six acres. If DTDR's are acquired from vacant land in the Rural Development Area of the R-3 District, the combination of land and DTDR's must equal at least 3.6 acres.
(c) Within the Rural Development Area of the R-3 District, DTDR's shall be acquired from vacant land in the Rural Development Area portion of the R-3 District in an amount equal to or more than the area needed to meet the minimum lot size requirement of 3.2 acres. If DTDR's are acquired from vacant land in the R-6 District, the combination of land and DTDR's must equal at least five acres .
(2) If development is proposed in the R-100 District, all lands from which DTDR's are acquired pursuant to Subsection A(l) above are located within the R-100 or R-17 District.
(3) If development is proposed in the R-17 District, all lands from which DTDR's are acquired pursuant to Subsection A(l) above are located within the R-100 or R-17 District.
(4) If development is proposed in the R-3 District, all lands from which DTDR's are acquired pursuant to Subsection A(l) above are located within the Rural Development Area of the R-3 District or within the R-6 District.
(5) If development is proposed in the R-6 District, all lands from which DTDR's are acquired pursuant to Subsection A(1) above are located within the R-6 District or within the Rural Development Area of the R-3 District.
(6) All noncontiguous lands from which DTDR's are acquired pursuant to Subsection R(l) through (5) above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses. Any such deed restrictions shall be in a form acceptable to the Township Solicitor and the Pinelands Commission.
(7) If the owner of the lot proposed for development owns a sufficient amount of vacant noncontiguous land as of the effective date of this chapter, said lands may be used to meet the acreage requirements of Subsection R(1) above, without the need to purchase DTDR's. The requirements of Subsection R(2) through (5) above for the location of DTDR's must also be met for the location of noncontiguous; lands, all of which shall be deed restricted in accordance with Subsection R(6) above.
(8) Tax assessments for any acquired noncontiguous lands are combined and assigned to the land to be developed.
(9) The lot proposed for development otherwise meets the minimum standards of § 190-50 of this chapter.
**Webmaster's Note: The previous is current through Supplement dated 10-20-98.
