[Amended 7-14-1993 by Ord. No. 30-1993]
A. Authority to issue certificates of appropriateness.
(1) The Planning Board shall issue all certificates of appropriateness except as specified in
(2) The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.
B. Certificates of appropriateness shall be required for the following:
(1) Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible; and
(2) Development not otherwise exempted from review pursuant to
C. Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
D. A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the Cultural Resource Management Plan, dated April 1991, as amended. In general, the survey shall including a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey. [Amended 6-25-1997 by Ord. No. 25-1997]
(1) This requirement for a survey may be waived by the local approval agency if:
(a) There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
(b) The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(c) The evidence of cultural activity lacks any potential for significance pursuant to the standards of
(2) A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
(a) The presence of structures, sites or areas associates with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;
(b) The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;
(c) The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or
(d) The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
E. The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
F. The effect of the issuance of a certificate of appropriateness is as follows:
(1)All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in
(2)A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in
G. The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
(1) A narrative description of the resource and its cultural environment;
(2) Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;
(3) A site plan depicting in correct scale the location of all buildings, structures and engineering resources; and
(4) A New Jersey state inventory form as published by the New Jersey Department of Environmental Protection and Energy for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
H. If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (35 CFR 66).
Refer to Chapter 189 of the Code of the Township of Egg Harbor.
All structures within 1,000 feet of the center line of the Great Egg Harbor River shall be designed to avoid visual impacts as viewed from the river.
[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
A. No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of the threatened or endangered plants of the Pinelands cited in N.J.A.C. 7:50-6.27, and as may be from time to time amended, of the Comprehensive Management Plan.
B. All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
C. Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(1)Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated.
(2) Revegetate or landscape areas temporarily cleared or disturbed during development activities.
D. All applications for site plan approval and major subdivision approval shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection E below.
E. In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection D above or required pursuant to 94-22A of Chapter 94 shall incorporate the following elements:
(1) The limits of clearing shall be identified.
(2) Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical.
(3) Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure.
(4) Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
(a) When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6-25;
(b) For limited ornamental purposes around buildings and other structures; or
(c) When limited use of other shrubs or tree species is required for proper screening or buffering.
A. All development permitted under this article shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. Agricultural use shall not be considered development for purposes of this section.
B. Except as otherwise provided herein, no development shall be permitted which degrades surface or groundwater quality or which establishes new point sources of pollution. [Amended 7-14-1993 by Ord. No. 30-1993]
C. No development shall be permitted which does not meet the minimum water quality standards of the State of New Jersey or the United States.
D. Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections E through I below, provided that: [Added 7-14-1993 by Ord. No. 30-1993; amended 6-25-1997 by Ord. No. 25-1997]
(1) There will be no direct discharge into any surface water body;
(2) All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen;
(3) All public wastewater treatment facilities are designed to accept and treat septage; and
(4) All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
E. Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified may be exempted from the standards of Subsection D(2) above, provided that: [Amended 7-14-1993 by Ord. No. 30-1993]
(1) There will be no direct discharge into any surface water body;
(2) The facility is designed only to accommodate wastewater from existing residential, commercial and industrial developments;
(3) Adherence to Subsection D(2) above cannot be achieved due to limiting site conditions or that the costs to comply with the standards will result in excessive user fees; and [Amended 6-25-1997 by Ord. No. 25-1997]
(4) The design level of nitrate/nitrogen attention is the maximum possible within the cost limitations proposed by such user fee guidelines, but in no case shall groundwater existing from the parcel or entering a surface body of water exceed 5 parts per million nitrate/nitrogen. [Amended 6-25-1997 by Ord. No. 25-1997]
F. Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters may be permitted, provided that: [Amended 7-14-1993 by Ord. No. 30-1993]
(1) There is no practical alternative available that would adhere to the standard of
(2) There is no increase in the existing approved capacity of the facility; and
(3) All discharges from the facility into surface waters are such that nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that the nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
G. Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater may be permitted, provided that: [Amended 7-14-1993 by Ord. No. 301993; 6-25-1997 by Ord. No. 25-1997]
(1) The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter.
(2) The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(3) below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J. A.C. 7:50-5.47.
(3) Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19.
(4) The depth to seasonal high water table is at least five feet.
(5) Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet.
(6) The system will be maintained and inspected in accordance with the requirements of
(7) The technology has been approved for use by the New Jersey Department of Environmental Protection.
(8) Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that the number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
H. Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater may be permitted, provided that: [Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
(1) The standards set forth in Subsection G(1) and G(3) through (8) above are met.
(2) The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(3) above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.47.
I. Surface water runoff may be permitted, provided that: [Added 6-25-1997 by Ord. No. 25-1997]
(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 on-site. 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.
(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.
J. Individual wastewater treatment facility and petroleum tank maintenance.
(1)The owner of every on-site septic wastewater treatment facility in the Pinelands Area of the Township shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act and Section 201 of the Clean Water Act: [Amended 7-14-1993 by Ord. No. 30-1993]
(a) Have the facility inspected by a technician at least once every three years;
(b) Have the facility cleaned at least once every three years; and
(c) Once every three years submit to the Township a sworn statement that the facility has been inspected, cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such.
(2) The owner of every commercial petroleum storage tank shall comply with the requirements of Chapter 102 of the Laws of 1986.
K. Water management.
(1) Interbasin transfer of water between watersheds in the Pinelands Area of the Township should be avoided to the maximum extent practical. In areas served by central sewers, conservation devices such as water-saving toilets, showers and sink-faucets shall be installed in all new developments.
(2) Water shall not be exported from the Pinelands Area except as otherwise provided in N.J.S.A. 58:1 A7.1. [Amended 7-14-1993 by Ord. No. 30-1993]
L. Prohibited chemicals and materials.
(1) Use of the following substances is prohibited in the Pinelands Area of the Township 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:
(a) Septic tank cleaners; and (b) Waste oil.
(2) All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(3) No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area of the Township unless necessary to protect an adjacent agricultural activity.
(4) No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6. [Amended 6-25-1997 by Ord. No. 25-1997]
