[Amended 3-26-02 by Ord. No. 0-6-02]

A.Definitions. As used in this chapter, the following terms shall have the meanings indicated:

WETLANDS - Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" include lands with poorly drained soils, as designated by the Soil Conservation Service, or soils of drainage Class 1. "Wetlands" include coastal wetlands and inland wetlands, including submerged lands. Inland wetlands include, but are not limited to: Atlantic white cedar swamps, hardwood swamps, pitch pine lowlands, bogs, inland marshes, lakes and ponds and rivers and streams. Wetlands for a particular parcel in the Pinelands Area of the township can be delineated by the outermost extent of either the lowland vegetation types or the wet soils.

B. Uses permitted in wetlands. No development in the Pinelands Area of the township shall be permitted in wetlands or -wetlands transition areas except for the following uses: [Amended 7-20-93 by Ord. No. 0-2093]

(1) Horticulture of native Pinelands species.

(2) Berry agriculture.

(3) Beekeeping.

(4) Forestry.

(5) Fish and wildlife management consistent with state and federal regulations.

(6) 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 § 296-84 C below. [Amended 5-24-89 by Ord. No. 0-27-89]

(7) Private docks, piers, moorings and boat launches.

(8) [Amended 5-24-89 by Ord. No. 0-27-89; 7-20-93 by Ord. No. 0-20-93] Bridges, roads, trails, and utility transmission and distribution facilities and other similar linear facilities provided that:

(a) There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

(b) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

(c) The use represents a need which overrides the importance of protecting the wetland;

(d) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

(e) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

C. Performance standards. No development in the Pinelands Area of the township shall be carried out in a wetland or within three hundred (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 (1) or more of the following ways: [Amended 3-22-89 by Ord. No. 0-19-89]

(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 diversion.

(8) A change in wetland species composition.

(9) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.

D. Determinations under Subsection C. 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 5-24-89 by Ord. No. 0-27-89]