[Added 2-24-1993 by Ord. No. 9-1993 ]
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]
(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) 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 sec., 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 sec., 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.
A.description of parking facilities including:
(a) Locations;
(b) Number of parking spaces;
(c) Number of parking levels; and
(d) Whether the parking area is to be open or covered.
(5) An analysis of emissions from space heating, including:
(a) Type and amount of fuel used and pollution emission factors used to calculate emissions; and
(b) The emission rates of sulfur dioxide, particulate, carbon monoxide, hydrocarbons and oxides of nitrogen in tons per day averaged over the five-month heating season.
(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:
[1] Places of maximum concentrations;
[2] Critical locations, including monitoring sites and sensitive receptors such as hospitals, schools, nursing homes, residences and playgrounds.
(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 0/4-750001 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:
(a) Medical (including professional offices and hospitals);
(b) Recreational;
(c) Educational;
(d) Commercial (including personal shopping); and
(e) Major employment centers.
(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 sec. 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 firefighting 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:
(a) In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure in which:
[1]Shrubs, understory trees, bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and
[2] All dead plant material is removed.
(b) In high fire hazard areas, a fuel break of 75 feet measured outward from the structure in which:
[1]Shrubs, understory trees, bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis; and
[2] All dead plant material is removed.
(c) In extreme high hazard areas, a fuel break of 100 feet measured outward from the structure in which:
[1] Shrubs, understory trees, bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis;
[2] No pine tree (Pinus spp.) is closer than 25 feet to another pine tree; and
[3] All dead plant material is removed.
(5) All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
(a) Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis;
(b) All dead plant material is removed;
(c) Roads, rights-of-way, wetlands and waste disposal sites shall be used as 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
