[Amended 7-14-1993 by Ord. No. 30-1993]
Wetlands are those areas where the substrate is inundated or saturated by surface or groundwater at a frequency, magnitude and duration sufficient to support, and under normal circumstances do support a prevalence of vegetation adapted for life in saturated soil conditions known as "hydrophytes." Wetlands include lands with poorly drained or very poorly drained soils with seasonal high water tables of one foot or less from the surface, as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Egg Harbor Township has both a coastal wetlands and an inland wetlands classification, including submerged lands. Specific wetland types are described in N.J.A.C. 7:50-6.4 and 6.5.
A. Prohibited development.
Development shall be prohibited in all wetlands and wetlands transition areas within the Township except as otherwise specified in this section.
(1) Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.51 through 7:50-6.54.
(2) Beekeeping shall be permitted in all wetlands.
(3) Forestry shall be permitted in all wetlands subject to the requirements of N.J.A.C. 7:50-6.41 through 7:50-6.44.
(4) Fish and wildlife management activities shall be permitted in all wetlands subject to the minimum standards of this subsection, provided that the management activity does not have a significant adverse impact, as set forth in Subsection E below on the wetland in which the activity is carried out, and provided that the activity conforms to all state and federal regulations.
(5) Hunting, fishing, trapping, hiking, boating, swimming and other similar low-intensity recreational uses shall be permitted in all wetlands, provided that such uses do not involve any structure other than those authorized in
B. Water-dependent recreational facilities.
(1) Docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact as set forth in
(2)Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:
(a) There is a demonstrated need for the facility that cannot be met by existing facilities;
(b) The development conforms with all state and federal regulations; and
(c) The development will not result in a significant adverse impact as set forth in
C. Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities shall be permitted in wetlands, provided that:
(1) There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
(2) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(3) The use represents a need which overrides the importance of protecting the wetland;
(4) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(5) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
D. No development, except for those uses which are specifically authorized in this section, shall be permitted within any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in
E. Significant adverse impact. A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals. Determinations of significant adverse impact shall consider the cumulative modifications of a wetland due to development proposed and any other existing or potential development which may affect the wetland. For the purpose of determining a significant adverse impact on wetlands, the following standards shall be used:
(1) An increase in surface water runoff discharging into a wetland;
(2) A change in the normal seasonal flow patterns in the wetland;
(3) An alteration of the water table in the wetland;
(4) An increase in erosion resulting in increased sedimentation in the wetland;
(5) A change in the natural chemistry of the ground or surface water in the wetland;
(6) A loss of wetland habitat;
(7) A reduction in wetland habitat diversity;
(8) A change in wetland species composition; or
(9) A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
[Added 7-14-1993 by Ord. No. 30-1993; amended 5-151996 by Ord. No. 12-1996]
Where the keeping or storing of any motor vehicle, junk automobile or junk automobile body is permitted pursuant to Chapter 211 of the Township Code, all such vehicles either kept or stored shall have the gas and radiators drained and shall be adequately screened from adjacent residential uses and scenic corridors. This section shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
[Added 7-14-1993 by Ord. No. 30-1993]
A. No residential dwelling unit or nonresidential use shall be located on a lot of less than 40,000 square feet in size, excluding road rights-of-way, unless served by a centralized wastewater treatment plant.
B.Notwithstanding the requirements of
C. Notwithstanding the requirements of
A. Notwithstanding any other minimum lot area provision in this chapter, the owner of a parcel of land of an acre or more in the Pinelands Area shall be entitled to develop one detached single-family dwelling on the parcel, provided that: [Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 25-1997]
(1) The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(2) The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(3) The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
(4) The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
B. Lots in subdivisions which obtained approval from the Pinelands Commission pursuant to the Interim Rules and Regulations, meet the standards of N.J.A.C. 7:50-4.1(b)4 and for which a completed application for a local construction permit was submitted prior to December 31, 1996, shall be exempt from the lot size requirements of this chapter.
[Added 12-23-1996 by Ord. No. 44-1996; amended 2-12-1997 by Ord. No. 2-1997]
A. Residential use density shall be increased in accordance with Subsection B hereof,
B. A bonus of one residential unit shall be yielded for every 0.25 of a Pinelands development credit redeemed. In no event shall the number of residential units to be constructed exceed that which is permitted pursuant to the density per acre with Pinelands development credits.
C. Pinelands development credits may be used in the Township in the following manner: [Amended 7-14-1993 by Ord. No. 30-1993]
(1) To permit development of parcels of land in the RG-1, RG-2, RG-3, RG-4 and RG-5 Zones according to the density and lot area requirements set forth in
(2) When a variance of density or minimum lot area requirements for the RG-1, RG-2, RG-3, RG-4 or RG-5 Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units in excess of that otherwise permitted without the variance; [Amended 3-24-2004 by Ord. No. 142004]
(3) When a variance or other approval for a residential use in the HB, CB, M-1, RB, NB, RP, PO-1 or PO2 Zones is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size. [Amended 5-23-2001 by Ord. No. 17-2001]
(4) When a variance or other approval for a nonresidential use not otherwise permitted in the RG-1, RG-2, RG-3, RG-4 or RG-5 Zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2. [Amended 5-23-2001 by Ord. No. 17-2001; 3-24-2004 by Ord. No. 14-2004]
(5) When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et sec.
D. No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the Pinelands development credits were obtained. [Added 7-14-1993 by Ord. No. 30-1993]
E. Such deed restriction shall specify the number of Pinelands development credits sold and that the property from which the credits are sold may only be used in perpetuity for the uses permitted by N.J.A.C. 7:50-5.47. [Added 7-14-1993 by Ord. No. 30-1993]
F. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to
G. In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Township. [Added 7-14-1993 by Ord. No. 30-1993]
H. Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et sec. [Added 7-14-1993 by Ord. No. 30-1993]
