new jersey pinelands commission meeting agenda 9:30 … meeting … · a public hearing to receive...

NEW JERSEY PINELANDS COMMISSION MEETING AGENDA Friday, July 10, 2020 - 9:30 a.m.

Pinelands Commission YouTube link: https://www.youtube.com/channel/UCBgpC8sbR3Acrjo7ppxs3Uw

To Provide Public Comment, Please Dial: 1-929-205-6099 Meeting ID: 833 5477 1666

1. Call to Order

Open Public Meetings Act Statement Roll Call Pledge Allegiance to the Flag Election of Vice-Chair Committee Assignments

2. Adoption of Minutes

June 12, 2020

3. Committee Chairs' and Executive Director's Reports

4. Matters for Commission Consideration Where the Record is Closed

A. Permitting Matters

Office of Administrative Law

• None

Review of Local Approval

• None

Public Development Projects and Waivers of Strict Compliance

• Resolution Approving With Conditions (1) Application for Public Development Application No. 1986-1408.012- Woodbine Municipal Utilities Authority

Improvements to an existing municipal potable water treatment facility Woodbine Borough

https://www.youtube.com/channel/UCBgpC8sbR3Acrjo7ppxs3Uw

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• Resolution Approving With Conditions (2) Applications for Public Development:

Application No. 2003-0530.012- GEH Solar 1, LLC

Installation of a 20,445 sq. ft. ground mounted solar energy facility at the Cedar Creek High School Egg Harbor City Application No. 2020-0085.001- Egg Harbor Twp. Municipal Utilities Authority Installation of 1,675 linear feet of sanitary sewer main within the Delilah Road right-of-way Egg Harbor Township B. Planning Matters

Municipal Master Plans and Ordinances

• Issuing an Order to Certify Ordinance 2020-5, Amending Chapter 55 (Land Use)

of the Code of Barnegat Township.

Other Resolutions

• None

CMP Amendments

• None

5. Public Comment on Public Development Applications and Waivers of Strict Compliance Where the Record is Not Closed.

A. Public Development Projects

Application No. 1993-0360.005 – Pemberton Township Paving of 2,930 linear feet of existing stone walking trails at the Nesbit Recreation Complex Pemberton Township

Application No. 2000-0637.004 – New Jersey Department of Environmental Protection

Change in use of a 9,000 square foot portion of the vacant Green Bank School to office space for the New Jersey Department of Environmental Protection Washington Township

Application No. 2019-0026.001 – New Jersey Department of Transportation Installation of scour countermeasures at the Mill Creek Bridge on Route 49 Upper Township

B. Waivers of Strict Compliance

None

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6. Master Plans and Ordinances Not Requiring Commission Action

Egg Harbor City Ordinances 03-2020 and 07-2020 Manchester Township Ordinance 20-014 Ocean Township Ordinance 2020-6 Vineland City Ordinance 2020-16

7. General Public Comment 8. Resolution to Retire into Closed Session (if needed) – Personnel, Litigation and Acquisition Matters (The Commission reserves the right to reconvene into public session to take action on closed session items.) 9. Adjournment

To ensure adequate time for all members of the public to comment, we will respectfully limit comments to three minutes. Questions raised during this period may not be responded to at this time but where feasible, will be followed up by the Commission and its staff. Pinelands Commission and Committee meeting agendas are posted on the Commission’s Website and can be viewed at www.nj.gov/pinelands/ for more information on agenda details, e-mail the Public Programs Office at [email protected].

Upcoming Meetings

Fri., July 31, 2020 Policy & Implementation Committee Meeting (9:30 a.m.) Fri., August 14, 2020 Pinelands Commission Meeting (9:30 a.m.)

Upcoming Office Closures Fri., July 3, 2020 - Independence Day (Observed)

http://www.nj.gov/pinelands/

mailto:[email protected]


PC2-34

PINELANDS COMMISSION MEETING

MINUTES June 12, 2020

The June 12, 2020 Pinelands Commission meeting was conducted remotely. All participants were present via Zoom conference and the meeting was livestreamed through YouTube. Commissioners Participating in the Meeting Alan W. Avery Jr., Jordan P. Howell, Jerome H. Irick, Jane Jannarone, Ed Lloyd, Mark Lohbauer, William Pikolycky, Gary Quinn and Chairman Richard Prickett. Also present were Executive Director Nancy Wittenberg and Deputy Attorney General (DAG) Kristina Miles and Governor’s Authorities Unit representative Craig Ambrose. Commissioners Absent Daniel Christy, Sean Earlen and D’Arcy Rohan Green. Chairman Prickett called the meeting to order at 9:37 a.m. DAG Miles read the Open Public Meetings Act Statement (OPMA). Executive Director Nancy Wittenberg called the roll and announced the presence of a quorum. The Commission pledged allegiance to the Flag. Remembering Commissioner Candace McKee Ashmun Chairman Prickett said he would like to take some time to allow Commissioners and staff to reflect and reminisce about Commissioner Ashmun and the effect she has had on them and the Pinelands. He noted that her knowledge of the Comprehensive Management Plan (CMP) will be missed.

PC2-35

Commissioner Avery said there is no replacement for Candy; she was a dedicated protector of the Pinelands for over 40 years. Commissioner Lloyd said it’s hard to find words to adequately describe Candy. He said she will be emulated but never replaced. Commissioner Lohbauer said he considered Candy a mentor and thanked her for her efforts in preserving the Pinelands. Executive Director Nancy Wittenberg said Candy was clear, direct and honest. She said Candy’s guidance will be missed. She said at a later date an event will be scheduled to further honor Candy’s years as a Commissioner. Director Susan Grogan said Candy was a great source of support both professionally and personally. She said it’s important to note that while Candy’s work preserving land in the Pinelands was taken very seriously, she had lot of fun doing it. Director Grogan said that Candy shared that with her the last time they saw each other. Director Chuck Horner said he has a great appreciation and respect for Candy’s work through the years. Paul Leakan, Communications Officer said Candy was a true professional and he was happy that Candy was pleased with the outcome of the exhibit, which was named after her. Former Commissioner Joe DiBello said Candy was inspiring and its up to the Commission and people who appreciated her work to carry it on. Stacey Roth said Candy was always engaged and she will miss that. Janet Pierce, a long time staff member, told the story of meeting Candy a week after she was hired, what the early days of the Commission looked like (mile high packets that were sometimes hand delivered) and the staff vs. Commissioner softball games. She said Candy was a friend and mentor and hope the remaining Commissioners will continue her legacy of protecting the Pinelands. Minutes Chairman Prickett presented the minutes from the Commission’s May 8, 2020 meeting. Commissioner Lohbauer moved the adoption of the minutes. Commissioner Jannarone seconded the motion. The minutes from the May 8, 2020 Commission meeting were adopted by a vote of 8 to 0. Commissioner Quinn abstained from the vote.

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Policy and Implementation Committee Meeting

Chairman Prickett provided an update on the May 29, 2020 Policy and Implementation Committee: The Committee noted the passing of Commissioner Candace McKee Ashmun on May 23, 2020 and her profound loss not only to the Pinelands Commission but to the entire state of New Jersey and beyond. The Committee adopted the minutes from the April 24, 2020 meeting. The Committee recommended that the Commission propose amendments to the CMP for the alternate design septic system pilot program. The Committee received presentations from staff regarding the Commission’s current stormwater rules and from NJDEP regarding its revised stormwater rules focusing on green infrastructure. The Commission will need to determine how best to incorporate the revised NJDEP rules into the CMP. The Committee continued its discussion on the “gap” rules for those development applications receiving exemption from municipal review. Staff will continue to research a means by which the absence of a local planning board hearing can be replaced with a method to allow comparable public involvement during the Commission’s review of such projects. Executive Director’s Report ED Wittenberg provided an update on the following items:

• Staff continues to work remotely, while it has its challenges, work is progressing smoothly.

• Certain staff members are participating in the summer flex program, which allows employees to have one day off over a two-week period as long seven extra hours are worked during that period.

• Staff has been participating in numerous webinars. She said that once staff is back in the office she would like to set up a space to allow staff to continue to participate in webinars.

• The Business Services office is working with the new accounting firm to prepare for the upcoming audit.

Susan R. Grogan, Director of Planning provided an update on the following matters: • The grant application was submitted to the New Jersey Historic Trust for the

painting of Fenwick Manor. She said Tony McNichol, the Commission’s Cultural Resource Planner, led the effort and it was a large undertaking with very specific requirements.

PC2-37

• Staff held its first virtual public hearing for a Barnegat Township ordinance. The hearing was streamed on the Commission’s YouTube channel. No one called in to provide comment.

• Pinelands municipalities are becoming more and more active, working on redevelopment plans, master plans and ordinances.

Chuck Horner, Director of Regulatory Programs, provided information on the following regulatory matters:

• Staff is reviewing a draft Atlantic White Cedar Restoration plan for Atlantic White Cedar in the Pinelands Area prepared by the New Jersey Department of Environmental Protection (NJDEP). He said a component of the plan is a pilot project that the NJDEP is interested in conducting on about 500 acres in Wharton State Forest. He noted that on June 4th, staff held a pre-application conference with the NJDEP about the project.

• At the May Commission meeting Commissioner Lloyd asked about the average application fee for a solar facility, after it was noted that staff had held a couple of pre-application meetings regarding solar facilities. A fee of about $15,500 is collected for a 28-acre solar facility. He said an application fee is calculated based on $1,500 plus $500 per acre for the solar facility and associated development.

• At a previous meeting, Commissioner Avery raised a question about a water line in Manchester Township. In 2013, the Commission approved a public development application submitted by Manchester Township. The application proposed to install two-miles of potable water main in the Forest Area near the Heritage Minerals site.

Stacey Roth, Chief of Legal and Legislative Affairs, reminded Commissioners that they must complete their Financial Disclosure Statements before the July 31, 2020 deadline. Paul Leakan, Communications Officer, said his office created two new educational videos, one on timber rattle snakes and the other on blueberries. His office also filmed and shared 13 additional videos that are available on the Commission’s YouTube channel. He said the number of YouTube subscribers has grown from 30 in February to its current total of 253. He said the first two Pinelands-related webinars have been held. The webinars will continue to take place every Thursday at 10 a.m. through August. He said the webinars are recorded and archived on the Commission’s YouTube channel and can be viewed at any time. Public Development Projects and Other Permit Matters

Chairman Prickett presented a resolution for the planting of native grasses for wildlife management in Pemberton Township. Commissioner Lohbauer made a motion Approving With Conditions an Application for Public Development (Application Number 1989-0023.015) (See Resolution # PC4-20-16). Commissioner Jannarone seconded the motion.

PC2-38

Director Horner said the application is for the seeding of nine acres with native grasses and forbs on leased lands in Brendan Byrne State Forest. A map was displayed (see attached). Mr. Ernest Deman of the Regulator Programs office, said the plantings are proposed on the lands labeled 1B-1K. He said the plantings will occur on currently barren land and are located adjacent to active cranberry bogs. Commissioner Avery asked if staff knew why they were revegetating, if it was for a specific activity, such as hunting. Director Horner said he did know the specifics, other than to introduce the Northern Bobwhite quail in Burlington County. He noted this was not the first time the Commission has had an application to encourage quail habitat. The Commission adopted the resolution by a vote of 9 to 0. Chairman Prickett presented a resolution recommending approval for the installation of synthetic turf fields at the Hammonton High School. Commissioner Pikolycky made a motion Approving With Conditions an Application for Public Development (Application Number 2000-0088.006) (See Resolution # PC4-20-17). Commissioner Lohbauer seconded the motion. Director Horner said this application is for the replacement of two grass athletic fields with two synthetic fields. Commissioner Lohbauer asked if the field would be permeable. Director Horner said yes the synthetic fields will be permeable. He noted that the intent with a synthetic field is that it can be played on the majority of time. He said significant drainage is installed under the surface to move stormwater away from the fields. Chairman Prickett asked if Director Horner could provide some detail about the stormwater management associated with the proposed fields. Director Horner said under the field, rainwater will infiltrate into 24 inches of ¾ inch stone. The water will then be collected by perforated pipe and moved to the perimeter of the field and then further moved to an underground stormwater management trench, into pipe and beyond to drain into a stone bed. The Commission adopted the resolution by a vote of 9 to 0. Chairman Prickett presented a resolution recommending approval of municipal recreation improvements in Dennis Township.

PC2-39

Commissioner Pikolycky made a motion Approving With Conditions an Application for Public Development (Application Number 2007-0304.001) (See Resolution # PC4-20-18). Commissioner Avery seconded the motion. Director Horner said this application is for a number of recreational facility improvements, which include resolving certain development that occurred on the parcel without application to the Commission. Commissioner Lohbauer said he was glad that Dennis Township is resolving the matter. Chairman Prickett said he had concerns about how this could happen and questioned why the code enforcement officer or engineers didn’t adhere to or ask about Pinelands compliance. The Commission adopted the resolution by a vote of 9 to 0. Public Comment on Public Development Applications and Items where the record is open Chairman Prickett read the list of Public Development applications up for comment. There were no public comments, however someone attempted to call in. Ordinances Not Requiring Commission Action Chairman Prickett read the list of ordinances not requiring Commission action. No questions were raised.

Monroe Township Ordinances O:05-2020 and O:07-2020 Shamong Township Ordinance 2020-3

Other Resolutions Chairman Prickett asked for a motion for a resolution proposing amendments to the Alternate Design Septic System pilot program. Commissioner Lohbauer made a motion To Authorize the Executive Director to Propose Amendments to the Comprehensive Management Plan in Accordance with the Administrative Procedure Act (Water Quality; Alternate Design Wastewater Treatment Systems Pilot Program) (See Resolution # PC4-20- 19). Commissioner Avery seconded the motion. ED Wittenberg said the proposal will allow for some minor adjustments to the alternate design septic pilot program. She noted that Ed Wengrowski has made a number of presentations regarding the changes in the past. Chairman Prickett said the program is successful and beneficial to the Pinelands.

PC2-40

Director Grogan said this is the first step in the lengthy rulemaking process. She said the P&I Committee reviewed and endorsed the proposal. The Governor’s policy office has also signed off on the proposal. She said the next step is to file with the Office of Administrative Law and publish the rules in the New Jersey Register. The 60-day public comment period will begin and a public hearing will be scheduled for September 2, 2020. She said the amendments will allow the program to continue through 2025, graduate a septic system that has been proven successful on a one acre lots, simplify some of the reporting requirements and allow new alternate design systems into the program. Commissioner Lohbauer said adding more systems into the pilot program will be more cost effective for homeowners and ultimately provide cleaner groundwater. The Commission adopted the resolution by a vote of 9 to 0. Chairman Prickett presented a resolution to allow the Executive Director to continue to make purchases until the FY 2021 Budget is adopted. Commissioner Avery made a motion To Authorize the Executive Director to Continue to Expend Funds for Fiscal Year 2021 at the Same Level of Expenditures as Fiscal Year 2020 until the Adoption of the Fiscal Year 2021 Budget (See Resolution # PC4-20- 20). Commissioner Lloyd seconded the motion. ED Wittenberg said this resolution is adopted annually, this year language has been added because the state budget won’t be adopted until September. She said language was also adjusted to include fiscally responsible spending. Commissioner Avery said he previously raised concerns about the rationale for fee projections. He said staff if currently looking into the matter. He said the majority of development applications are residential but the majority of fee revenue comes from commercial development. The Commission adopted the resolution by a vote of 9 to 0. General Public Comment

Tara Polk, a resident of Lower Bank (Washington Township, Burlington County) said bulkheads on her property began deteriorating and large potholes formed on the road in front of her house. She said she had met with the Burlington County Engineer to explain the situation. After not hearing back, she wrote to County Freeholders. She said County road crew employees showed up this week and started filling the holes with recycled concrete and road signs. She said she had concerns about the materials being contaminated. Chairman Prickett suggested that Ms. Polk contact the Executive Director so staff could look into the matter. Director Horner said he was not familiar with the project. He said typically road maintenance does not require an application but road improvements do require an

PC2-41

application. He said it’s unclear at this time if the road work would be covered by an existing Memorandum of Agreement with the County. Mark Diffenbaugh, a resident of Lower Bank (Washington Township, Burlington County) said he had similar concerns as his neighbor Tara Polk, who provided comment about materials being used to fill potholes. DAG Miles said in the event a commenter could not get through during the first public comment session and wanted to provide comment on the following applications: #1986-1408.012 (Woodbine Municipal Utilities Authority), # 2003-0530.012 (Solar project in Egg Harbor City) and #2020-0085.001 (Egg Harbor Township Municipal Utilities Authority) comments could be emailed to info@ pinelands.nj.gov. She said comments would be accepted through midnight June 12, 2020. Adjournment Commissioner Lohbauer moved to adjourn the meeting. Commissioner Pikolycky seconded the motion. The Commission agreed to adjourn at 11:10 a.m.

Certified as true and correct:

_________________________________ Date: June 24, 2020 Jessica Noble, Executive Assistant

Record of Commission Votes AYE NAY NP A/R* AYE NAY NP A/R* AYE NAY NP A/R*

Avery X Irick X Pikolycky X Christy X Jannarone X Quinn X Earlen X Lloyd X Rohan Green X Howell X Lohbauer X Prickett X

*A = Abstained / R = Recused

Adopted at a meeting of the Pinelands Commission Date: June 12, 2020

Nancy Wittenberg Richard Prickett Executive Director Chairman

RESOLUTION OF THE NEW JERSEY PINELANDS COMMISSION

NO. PC4-20-16

TITLE: Approving With Conditions an Application for Public Development (Application Number

1989-0023.015)

Commissioner Lohbauer moves and Commissioner Jannarone seconds the motion that:

WHEREAS, the Pinelands Commission has reviewed the Public Development Application Report and the recommendation of the Executive Director that the following application for Public Development be approved with conditions:

1989-0023.015 Applicant: Joe Darlington c/o Joseph J. White, Inc. Municipality: Pemberton Township Management Area: Pinelands Preservation Area District Date of Report: May 19, 2020 Proposed Development: Planting of nine acres for wildlife management on leased land in

Brendan T. Byrne State Forest.

WHEREAS, no request for a hearing before the Office of Administrative Law concerning the Executive Director’s recommendation has been received for this application; and WHEREAS, the Pinelands Commission hereby adopts the Conclusion of the Executive Director for the proposed development; and WHEREAS, the Pinelands Commission hereby determines that the proposed public development conforms to the standards for approving an application for public development set forth in N.J.A.C. 7:50-4.57 if the conditions recommended by the Executive Director are imposed; and WHEREAS, pursuant to N.J.S.A. 13A-5h, no action authorized by the Commission shall have force or effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes of the meeting of the Commission has been delivered to the Governor for review, unless prior to expiration of the review period and Governor shall approve same, in which case the action shall become effective upon such approval. NOW, THEREFORE BE IT RESOLVED that Application Number 1989-0023.015 for public development is hereby approved subject to the conditions recommended by the Executive Director.

May 19, 2020

Joe Darlington (via email)

Joseph J. White, Inc.

1 Pasadena Road

Browns Mills, NJ 08015

Re: Application # 1989-0023.015

Block 897, Lot 1.01

Pemberton Township

Dear Mr. Darlington:

The Commission staff has completed its review of this application for planting of nine acres with native

grasses and forbs for wildlife management. The parcel is owned by the New Jersey Department of

Environmental Protection, Division of Parks and Forestry and is leased by the applicant. Enclosed is a

copy of a Public Development Application Report. On behalf of the Commission’s Executive Director, I

am recommending that the Pinelands Commission approve the application with conditions at its June 12,

2020 meeting.

Any interested party may appeal this recommendation in accordance with the appeal procedure attached

to this document. If no appeal is received, the Pinelands Commission may either approve the

recommendation of the Executive Director or refer the application to the New Jersey Office of

Administrative Law for a hearing.

Prior to any development, the applicant shall obtain any other necessary permits and approvals.

Sincerely,

Charles M. Horner, P.P.

Director of Regulatory Programs

Enc: Appeal Procedure

c: Secretary, Pemberton Township Planning Board (via email)

Pemberton Township Construction Code Official (via email)

Pemberton Township Environmental Commission (via email)

Secretary, Burlington County Planning Board (via email)

David Robbins (via email)

John Parke (via email)

PUBLIC DEVELOPMENT APPLICATION REPORT

May 19, 2020

Joe Darlington (via email)

Joseph J. White, Inc.

1 Pasadena Road

Browns Mills, NJ 08015

Application No.: 1989-0023.015

Block 897, Lot 1.01

Pemberton Township

This application proposes planting of nine acres with native grasses and forbs for wildlife management

located on the above referenced 1,183 acre parcel in Pemberton Township. The parcel is owned by the

New Jersey Department of Environmental Protection, Division of Parks and Forestry and is leased by

the applicant.

The proposed plantings will occur within eleven sites located immediately adjacent to existing cranberry

bogs. The areas proposed to be planted are currently barren or sparsely vegetated land. The proposed

planting are intended to provide habitat for Northern Bobwhite quail.

STANDARDS

The Commission staff has reviewed the proposed plantings for consistency with all standards of the

Pinelands Comprehensive Management Plan (CMP). The following reviews the CMP standards that are

relevant to this application:

Land Use (N.J.A.C. 7:50-5.22(a)5)

The parcel is located within the Pinelands Preservation Area District. The CMP defines fish and wildlife

management as the changing of the characteristics and interactions of fish and wildlife populations and

their habitats in order to promote, protect and enhance the ecological integrity of those populations. Fish

and wildlife management activities are permitted in the Pinelands Preservation Area District.

Wetlands Standards (N.J.A.C. 7:50-6.6)

There are wetlands located on the parcel. The proposed native Pinelands grasses and forbs will not be

located in wetlands. The proposed plantings will be located within 300 feet of wetlands. The proposed

planting will not result in a significant adverse impact on wetlands.

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Vegetation Management Standards (N.J.A.C. 7:50-6.23 & 6.26)

The proposed plantings will be located within barren and sparsely vegetated areas. The proposed soil

disturbance is limited to that which is necessary to accommodate the proposed plantings.

The Landscaping and Revegetation guidelines of the CMP recommend the use of grasses that are

tolerant of droughty, nutrient poor conditions. The applicant proposes to utilize a seed mixture of native

Pinelands grasses and forbs.

Threatened and Endangered Species Standards (N.J.A.C. 7:50-6.27 & 6.33)

The Commission has records of American chaffseed, a threatened or endangered plant species, in the

vicinity of the proposed plantings. To avoid potential impacts to the local population of American

chaffseed, the applicant eliminated three planting sites located in proximity to the known population and

revised the proposed seed mixture to only include species that are native to the Pinelands to avoid the

introduction of plants with invasive qualities.

PUBLIC COMMENT

The applicant has provided the requisite public notices. Newspaper public notice was completed on

March 13, 2020. Notice to required land owners within 200 feet of the above referenced parcel was

completed on November 20, 2019. The application was designated as complete on the Commission’s

website on March 16, 2020. The Commission’s public comment period closed on May 8, 2020. No

public comment was submitted to the Commission regarding this application.

CONDITIONS

1. Except as modified by the below conditions, the proposed development shall adhere to

the plan titled Quail Habitat Creation Brendan T. Byrne SF LMR and submitted on

March 16, 2020.

2. Prior to any development, the applicant shall obtain any other necessary permits and

approvals.

CONCLUSION

As the proposed development conforms to the standards set forth in N.J.A.C. 7:50-4.57, it is

recommended that the Pinelands Commission APPROVE the proposed development subject to the

above conditions.

PINELANDS COMMISSION

APPEAL PROCEDURE

The Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-4.91) provides an interested party the

right to appeal any determination made the by Executive Director to the Commission in accordance with

N.J.A.C. 7:50-4.91. An interested party is someone who has a specific property interest sufficient to

require a hearing on constitutional or statutory grounds. Only appeal requests submitted by someone

meeting the definition of an interested party will be transmitted to the New Jersey Office of

Administrative Law for a hearing. Any such appeal must be made in writing to the Commission and

received by the Commission’s office no later than 5:00 PM on June 8, 2020 and include the following

information:

1. the name and address of the person requesting the appeal;

2. the application number;

3. the date on which the determination to be appealed was made;

4. a brief statement of the basis for the appeal; and

5. a certificate of service (a notarized statement) indicating that service of the notice has

been made, by certified mail, on the clerk of the county, municipal planning board and

environmental commission with jurisdiction over the property which is subject of this

decision.

Within 15 days following receipt of a notice of valid appeal, the Executive Director shall initiate the

procedures for assignment of an Administrative Law Judge to preside at the hearing pursuant to the

Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and the procedures established by the Office

of Administrative Law. The time, date and location of such hearing shall be designated by the Office of

Administrative Law.







NO. PC4-20- 17


2000-0088.006)

Commissioner Pikolycky moves and Commissioner Lohbauer seconds the motion that:


2000-0088.006 Applicant: Hammonton Board of Education Municipality: Town of Hammonton Management Area: Pinelands Town Date of Report: May 21, 2020 Proposed Development: Installation of two synthetic turf athletic fields at Hammonton

High School

WHEREAS, no request for a hearing before the Office of Administrative Law concerning the Executive Director’s recommendation has been received for this application; and WHEREAS, the Pinelands Commission hereby adopts the Conclusion of the Executive Director for the proposed development; and WHEREAS, the Pinelands Commission hereby determines that the proposed public development conforms to the standards for approving an application for public development set forth in N.J.A.C. 7:50-4.57 if the conditions recommended by the Executive Director are imposed; and WHEREAS, pursuant to N.J.S.A. 13A-5h, no action authorized by the Commission shall have force or effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes of the meeting of the Commission has been delivered to the Governor for review, unless prior to expiration of the review period and Governor shall approve same, in which case the action shall become effective upon such approval. NOW, THEREFORE BE IT RESOLVED that Application Number 2000-0088.006 for public development is hereby approved subject to the conditions recommended by the Executive Director.

May 21, 2020

Barbara S. Prettyman, Business Administrator/Board Secretary (via email)

Hammonton Board of Education

566 Old Forks Road

Hammonton, NJ 08037


Block 2301, Lots 37, 41 & 43

Town of Hammonton

Dear Ms. Prettyman:

The Commission staff has completed its review of this application for installation of two synthetic turf

athletic fields at Hammonton High School. Enclosed is a copy of a Public Development Application

Report. On behalf of the Commission’s Executive Director, I am recommending that the Pinelands

Commission approve the application with conditions at its June 12, 2020 meeting.






Sincerely,




c: Secretary, Town of Hammonton Planning Board (via email)

Town of Hammonton Construction Code Official (via email)

Town of Hammonton Environmental Commission (via email)

Atlantic County Department of Regional Planning and Development (via email)

Marianne G. Risley (via email)

Kathryn Cornforth, PE, CME (via email)


May 21, 2020

Barbara S. Prettyman, Business Administrator/Board Secretary (via email)

Hammonton Board of Education

566 Old Forks Road

Hammonton, NJ 08037


Block 2301, Lots 37, 41 & 43

Town of Hammonton

This application proposes the installation of two synthetic turf athletic fields at Hammonton High School

located on the above referenced 115 acre parcel in the Town of Hammonton.

The application proposes to replace two existing grassed athletic fields with two synthetic turf athletic

fields. Each synthetic turf athletic field is 91,911 square feet. The replacement athletic fields will be in

the same location as the existing athletic fields.

STANDARDS

The Commission staff has reviewed the proposed development for consistency with all standards of the



Land Use (N.J.A.C. 7:50-5.27)

The parcel is located in the Pinelands Town of Hammonton. Intensive recreational facilities are a

permitted use in a Pinelands Town.

Wetlands Standards (N.J.A.C. 7:50-6.6)

There are wetlands located on the above referenced parcel. The proposed synthetic turf athletic fields

will be located greater than 300 feet from wetlands.


The proposed development will be located within the limits of the existing grass athletic fields. The

proposed soil disturbance is limited to that which is necessary to accommodate the proposed

development.

2


tolerant of droughty, nutrient poor conditions. To stabilize the disturbed areas beyond the limits of the

proposed synthetic turf athletic fields, the application proposes to utilize a seed mixture which meets that

recommendation.

Stormwater Management Standards (N.J.A.C.7:50-6.84(a)6)

The applicant has demonstrated that the proposed development is consistent with the stormwater

management standards of the CMP. To meet the stormwater management standards, the application

proposes to construct a subsurface stormwater infiltration system.

PUBLIC COMMENT

The applicant has provided the requisite public notices. Notice to required land owners within 200 feet

of the above referenced parcel was completed on August 13, 2019. Newspaper public notice was

completed on August 21, 2019. The application was designated as complete on the Commission’s

website on April 14, 2020. The Commission’s public comment period closed on May 8, 2020. No public

comment was submitted to the Commission regarding this application.

CONDITIONS


the plan, consisting of 11 sheets, prepared by Adams, Rehmann & Heggan and dated as

follows:

Sheet 1 - April 1, 2020

Sheets 2, 3 & 7-10 - July 2019; last revised February 7, 2020

Sheets 4-6 - July 2019; last revised April 1, 2020

Sheet 11 - July 2019; last revised April 20, 2020

2. Disposal of any construction debris or excess fill may only occur at an appropriately

licensed facility.

3. Any proposed revegetation shall adhere to the "Vegetation" standards of the CMP.

Where appropriate, the applicant is encouraged to utilize the following Pinelands native

grasses for revegetation: Switch grass, Little bluestem and Broom-sedge.


approvals.

CONCLUSION



above conditions.


APPEAL PROCEDURE








information:








decision.





Administrative Law.







NO. PC4-20- 18


2007-0304.001)

Commissioner Pikolycky moves and Commissioner Avery seconds the motion that:


2007-0304.001 Applicant: Dennis Township Municipality: Dennis Township Management Area: Pinelands Village Date of Report: May 21, 2020 Proposed Development: Construction of a municipal recreation facility.

WHEREAS, a recreation facility was developed on the parcel without application to, and approval by, the Commission and constitutes a violation of the application requirements of the Pinelands Comprehensive Management Plan (CMP); and

WHEREAS, the applicant proposes to remove certain recreational improvements that were developed on the parcel without application to the Commission; and

WHEREAS, the applicant has completed this application with the Pinelands Commission for both recreational improvements that have already been developed on the parcel that will remain and for additional recreational improvements; and WHEREAS, no request for a hearing before the Office of Administrative Law concerning the Executive Director’s recommendation has been received for this application; and WHEREAS, the Pinelands Commission hereby adopts the Conclusion of the Executive Director for the proposed development; and WHEREAS, the Pinelands Commission hereby determines that the proposed public development conforms to the standards for approving an application for public development set forth in N.J.A.C. 7:50-4.57 if the conditions recommended by the Executive Director are imposed; and

WHEREAS, pursuant to N.J.S.A. 13A-5h, no action authorized by the Commission shall have force or effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes of the meeting of the Commission has been delivered to the Governor for review, unless prior to expiration of the review period and Governor shall approve same, in which case the action shall become effective upon such approval.

NOW, THEREFORE BE IT RESOLVED that Application Number 2007-0304.001 for public development is hereby approved subject to the conditions recommended by the Executive Director.

May 21, 2020

Jacqueline Justice, RMC (via email)

Dennis Township

571 Petersburg Road

P.O. Box 204

Dennisville, NJ 08214


Block 31, Lot 13

Dennis Township

Dear Ms. Justice:

The Commission staff has completed its review of this application for construction of a municipal

recreation facility. Enclosed is a copy of a Public Development Application Report. On behalf of the

Commission’s Executive Director, I am recommending that the Pinelands Commission approve the

application with conditions at its June 12, 2020 meeting.

A recreation facility was developed on the parcel without application to the Commission.

Recreational improvements that were developed on the parcel without application to the

Commission include two concession buildings, two irrigation wells, an 820 square foot garage,

gravel and paved parking areas and athletic fields. This development constitutes a violation of the

application requirements of the Pinelands Comprehensive Management Plan (CMP). Completion

of this application is intended to address the violation.






Sincerely,




c: Secretary, Dennis Township Planning Board (via email)

Dennis Township Construction Code Official (via email)

Dennis Township Environmental Commission (via email)

Secretary, Cape May County Planning Board (via email)

Cape May County Health Department (via email)

Marc DeBlasio, P.E., P.P., C.M.E (via email)

Cody Stanford (via email)


May 21, 2020

Jacqueline Justice, RMC (via email)

Dennis Township

571 Petersburg Road

P.O. Box 204

Dennisville, NJ 08214


Block 31, Lot 13

Dennis Township

This application proposes development of a municipal recreation facility on the above referenced 11.97

acre parcel in Dennis Township.

This application proposes the construction of a 2,570 square foot recreational building, a 1,804 square

foot playground area, a 5,265 square foot basketball court and installation of a potable water well.

This application also includes recreational facilities that were developed on the parcel without

application to the Commission. Specifically, this application includes an 820 square foot garage, two

concession buildings (1,102 square feet and 1,368 square feet), two irrigation wells, a 52 space gravel

parking area, an 11 space paved parking area, a 153 space paved parking area and grassed athletic fields.

The applicant proposes to remove certain recreational facilities that were developed on the parcel

without application to the Commission. Specifically, the applicant proposes to remove a well shed, a

basketball court and three play areas by November 30, 2020.

The existing recreational facilities that were developed on the parcel without application to the

Commission constitute a violation of the application requirements of the Pinelands Comprehensive

Management Plan (CMP). Completion of this application is intended to address the violation.

STANDARDS


CMP. The following reviews the CMP standards that are relevant to this application:

Land Use (N.J.A.C. 7:50-5.27)

The parcel is located in the Pinelands Village of Belleplain. The proposed recreation facility is a

permitted land use in a Pinelands Village Management Area.

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The proposed development will be located over existing developed and maintained grassed areas. The

proposed soil disturbance is limited to that which is necessary to accommodate the development.


tolerant of droughty, nutrient poor conditions. The applicant proposes to utilize a seed mixture which

meets that recommendation.

Water Quality Standard (N.J.A.C. 7:50-6.84(a)4ii)

The recreation facility will be serviced by an on-site septic system. The applicant has demonstrated that

the proposed uses on the parcel will be consistent with the groundwater quality (septic dilution) standard

of the CMP.

Stormwater Management Standards (N.J.A.C.7:50-6.84(a)6)

The applicant has demonstrated that the development is consistent with the stormwater management

standards of the CMP. To meet the stormwater management standards, the application proposes to

construct two stormwater infiltration basins.

Water Management Standards (N.J.A.C. 7:50-6.86)

The irrigation and potable water wells will be located in the Kirkwood-Cohansey aquifer and will result

in a diversion of less than 100,000 gallons per day. As required by the CMP, the applicant has

demonstrated that the proposed wells are designed and located so as to minimize impacts on wetlands

and surface water. The proposed water withdrawal is consistent with the water management standards of

the CMP.

PUBLIC COMMENT


of the above referenced parcel was completed on August 9, 2018. Newspaper public notice was

completed on August 15, 2018. The application was designated as complete on the Commission’s

website on April 27, 2020. The Commission’s public comment period closed on May 8, 2020. No public

comment was submitted to the Commission regarding this application.

CONDITIONS


the plan, consisting of ten sheets, prepared by DeBlasio and Associates and dated as

follows:

Sheet C-1 dated 9/12/19, revised 4/02/20

Sheets C-2 and C-4 through C-9 dated 9/12/19

Sheet C-3 dated 9/12/19, revised 2/10/20

Sheet S-1 dated 2/10/20, revised 4/02/20

3


licensed facility.





approvals.

5. Each septic system shall be located where the seasonal high water table is at least five

feet below the natural ground surface.

6. The well shed, basketball court, and three play areas that were developed without

application to the Pinelands Commission shall be removed from the parcel by November

30, 2020.

CONCLUSION



above conditions.


APPEAL PROCEDURE








information:








decision.





Administrative Law.


NO. PC4-20- 19

TITLE: To Authorize the Executive Director to Propose Amendments to the Comprehensive Management

Plan in Accordance with the Administrative Procedure Act (Water Quality; Alternate Design Wastewater Treatment Systems Pilot Program)

Commissioner Lohbauer moves and Commissioner Avery seconds the motion that:

WHEREAS, on May 10, 2002, the Pinelands Commission adopted amendments to the Comprehensive Management Plan that established the Alternate Design Treatment Systems Pilot Program; and WHEREAS, these Comprehensive Management Plan amendments took effect on August 5, 2002; and WHEREAS, pursuant to N.J.A.C. 7:50-10.23, the Executive Director reviewed this Pilot Program and reported on its implementation to the Commission in November 2006, November 2009, November 2012 and November 2017; and WHEREAS, based on the Executive Director’s recommendations, the Commission previously adopted amendments to the Alternate Design Treatment Systems Pilot Program to, among other things, allow for continued installation and monitoring of alternate design wastewater treatment systems, recognize the successful performance of three technologies by authorizing them for use on a permanent basis, remove two technologies from the Pilot Program due to non-participation and inability to meet Comprehensive Management Plan standards, and provide an opportunity for new technologies to participate in the Pilot Program; and WHEREAS, as required by N.J.A.C. 7:50-10.23, the Executive Director again reviewed the Pilot Program and reported on its implementation to the Commission in a report dated November 2019; and WHEREAS, the 2019 Implementation Report recommends extension of the Pilot Program to at least 2025, authorization of one technology on a permanent basis in recognition of its demonstrated success in meeting Comprehensive Management Plan water quality standards, removal of other technologies from the pilot program due to their inability to meet Comprehensive Management Plan water quality standards or lack of installation in the Pinelands Area and recruitment of new technologies into the pilot program in 2020; and WHEREAS, these recommendations, the full Implementation Report and proposed Comprehensive Management Plan amendments were discussed with the Commission’s CMP Policy & Implementation Committee on February 28, 2020; and WHEREAS, the proposed amendments to the Comprehensive Management Plan have been reviewed by the Pinelands Commission; and WHEREAS, the Pinelands Commission wishes to formally consider the amendments to the Comprehensive Management Plan set forth in the attachment hereto, dated May 29, 2020; and WHEREAS, the Administrative Procedure Act of 1968, as amended, and the Office of Administrative Law implementing regulations set forth a detailed procedure governing proposed rulemaking; and WHEREAS, the Pinelands Commission also wishes to obtain the comments of the public, governmental agencies and the Pinelands Municipal Council on the proposed amendments, in accordance with the Pinelands Protection Act and Subchapter 7 of the Comprehensive Management Plan; and WHEREAS, pursuant to N.J.S.A. 13:18A-5h, no action authorized by the Commission shall have force or effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes of the meeting of the Commission has been delivered to the Governor for review, unless prior to expiration of the review period the Governor shall approve same, in which case the action shall become effective upon such approval.

2

NOW, THEREFORE, BE IT RESOLVED that: 1. The Commission hereby authorizes the Executive Director to submit the proposed amendments to the

Comprehensive Management Plan, attached hereto and dated May 29, 2020, and the required supporting documentation to the Office of Administrative Law for publication as proposed regulations;

2. The Executive Director shall transmit the proposed amendments to all Pinelands municipalities and

counties and the Pinelands Municipal Council for review; 3. The public comment period on the proposed amendments shall extend 60 days from the date of

publication of the proposal in the New Jersey Register and the Executive Director shall affix the date of a public hearing to receive comments on the proposed amendments; and

4. Subsequent to the comment period, the Executive Director shall expeditiously prepare proposed final

amendments, with any pertinent changes to these amendments, for review by the Commission’s CMP Policy and Implementation Committee, and shall submit same to the Commission for final action.




Adopted at a meeting of the Pinelands Commission Date: June12, 2020


May 29, 2020

ENVIRONMENTAL PROTECTION


Pinelands Comprehensive Management Plan

Minimum Standards for Land Use Distribution and Intensities; Water Quality; Pilot

Program for Alternate Design Wastewater Treatment Systems

Proposed Amendments: N.J.A.C. 7:50-5.22, 5.23, 5.24, 5.26, 5.27, 5.28, 6.84, 6.85, 10.21,

10.22 and 10.23

Authorized By: New Jersey Pinelands Commission, Nancy Wittenberg, Executive Director

Authority: N.J.S.A. 13:18A-6j

Calendar Reference: See Summary below for explanation of exception to calendar requirement

Proposal Number:

A public hearing concerning this proposal will be held on:

Wednesday, September 2, 2020 at 9:30 A.M.

Richard J. Sullivan Center

15C Springfield Road

New Lisbon, New Jersey

Submit written comments by regular mail, facsimile or e-mail by ________, 2020 to:

Susan R. Grogan, P.P., AICP

Director of Planning

Pinelands Commission

P.O. Box 359

New Lisbon, NJ 08064

Facsimile: (609)894-7330

E-mail: [email protected] or through the Commission’s website at

http://nj.gov/pinelands/home/contact/planning.shtml


http://nj.gov/pinelands/home/contact/planning.shtml

2

The name and mailing address of the commenter must be submitted with all public

comments. Commenters who do not wish their names and affiliations to be published in any

notice of adoption subsequently prepared by the Commission should so indicate when they

submit their comments.

The agency proposal follows:

Summary

The New Jersey Pinelands Commission (Commission) proposes to amend subchapter 5,

Minimum Standards for Land Uses and Intensities; subchapter 6, Management Programs and

Minimum Standards; and subchapter 10, Pilot Programs, of the Pinelands Comprehensive

Management Plan (CMP). The CMP has been guiding land use and development activities in the

Pinelands since it took effect on January 14, 1981. The CMP has been amended many times,

most recently in October 2018 through a set of amendments related to the Pilot Program for

Alternate Design Wastewater Treatment Systems (see 50 N.J.R. 2327(b)).

Amendments related to the Pilot Program for Alternate Design Wastewater Treatment

Systems (“Pilot Program” or “Program”) are again being proposed to extend the Program,

authorize a piloted technology for permanent use, remove two piloted technologies from the

Program, revise manufacturer reporting and certification requirements, and clarify certain

requirements. Amendments are also being proposed to eliminate inconsistencies among certain

sections of subchapters 5, 6 and 10 and to modify reporting requirements in subchapter 6. A

more detailed description of the Pilot Program and proposed amendments follows.

3

The Commission created the Pilot Program in 2002 to test advanced septic system

technologies for residential development. An ad hoc committee convened earlier by the

Commission had concluded that advanced technologies could be more effective at meeting the

water quality standards of the CMP than conventional septic systems for residential development

on lots smaller than 3.2 acres. This finding was significant, as there are many lots in the

Pinelands zoned for residential use, but which do not meet the CMP’s 3.2 acre minimum lot size

requirement for residential development served by conventional septic systems. This left many

landowners unable to build houses on these smaller lots.

Based on the committee’s recommendations, the Commission formally established the

Pilot Program by amending the CMP to allow five specific alternate waste water treatment

technologies to be installed for residential development in the Pinelands (see 34 N.J.R. 2804(b);

N.J.A.C. 7:50-10, Part IV). The Pilot Program was designed to test whether the alternate

treatment systems could be maintained and operated to meet the water quality standards of the

CMP in a manner that a homeowner could reasonably be expected to follow.

The CMP water quality standards, N.J.A.C. 7:50-6, Part VIII, control the amount of

nitrogen that can enter the environment, as nitrogen is a significant pollutant that often serves as

an indicator of changes in overall water quality. Unlike conventional septic systems, which

control nitrogen by diluting the waste water on larger parcels of land, as is required in the

Pinelands Area, alternate technologies treat the waste water to reduce nitrogen levels rather than

relying solely on the dilution of nitrogen. This allows for more effective waste water treatment

on smaller parcels in the Pinelands Area that are zoned for residential development. All the

technologies accepted into the Pilot Program utilize proven biological nutrient removal processes

to reduce nitrogen levels in treated wastewater.

4

The first Pilot Program treatment system was installed in 2004. As of May 1, 2020, a

total of 346 Pilot Program systems have been installed to service single-family residential

development in 28 Pinelands municipalities. The Pilot Program has given landowners the

opportunity to build houses on smaller parcels of land that are zoned for residential development,

but which do not meet the 3.2 acre minimum lot size for conventional septic systems.

The Pilot Program has evolved over the last 18 years in response to the continuous

evaluation and assessment of technologies. Based on the recommendations of the Executive

Director in program implementation reports issued in 2006, 2009, 2012, and 2017 (updated

2018), the Commission has periodically amended rules related to the Pilot Program. Links to all

reports may be found on the Commission’s website at www.nj.gov/pinelands.

Of the original five technologies piloted, three were deemed successful and permanently

approved by the Commission (Amphidrome and Bioclere for use on parcels of at least one acre;

Fast for use on parcels of at least 1.4 acres) and two were removed from the program based on

lack of sales or not meeting water quality standards (Ashco RSF III and Cromaglass). (see 42

N.J.R. 2422(a); 50 N.J.R. 969(a); 39 N.J.R. 5077(b); and 46 N.J.R. 1877(b)).

In addition to the actions taken on each of the five original piloted technologies, the

Commission has also amended the CMP to expand and enhance the Program, including:

Authorizing the Commission to accept additional prescreened technologies into the

Program;

Removing fixed deadlines for the installation of piloted technologies;

Authorizing the Executive Director to impose an immediate suspension on all new

installations of a Pilot Program technology that is not adhering to the requirements of the

program or meeting CMP water quality standards;

http://www.nj.gov/pinelands

5

Allowing piloted technologies in all Pinelands municipalities;

Removing limits on the amount of installed systems for a technology in the same

residential development.

Amendments to the Pilot Program, including those discussed above, were adopted by the

Commission in 2006, 2007, 2010, 2014, 2017 and 2018 and can be found at 38 N.J.R. 1829(b),

39 N.J.R. 5077(b), 42 N.J.R. 2422(a), 46 N.J.R. 1877(b), 50 N.J.R. 969(a) and 50 N.J.R.

2327(b).

The Executive Director issued the fifth implementation report in November 2019

(https://www.nj.gov/pinelands/landuse/current/altseptic/2019%20Pilot_Septic_Imlem_Rpt%20-

%20FINAL.pdf), concluding that the continued use of advanced onsite treatment technologies is

essential to the efficient use and orderly development of designated growth areas of the

Pinelands as well as other areas in which residential development is permitted on lots smaller

than 3.2 acres. The report addresses, among other things, the evaluation of four technologies

added to the Pilot Program in 2011 pursuant to N.J.A.C. 7:50-10.23(b), and the continuation of

the Program. The Executive Director made the following recommendations:

Advance one of the four technologies that entered the Pilot Program in 2011,

SeptiTech, beyond the piloting stage and authorize it for permanent use subject to

N.J.A.C. 7:50-6.84(a)5iv(3);

Remove the Busse GT and Hoot ANR technologies from the Pilot Program as neither

technology has been installed in the Pinelands Area since being accepted into the

Program in 2011;

https://www.nj.gov/pinelands/landuse/current/altseptic/2019%20Pilot_Septic_Imlem_Rpt%20-%20FINAL.pdf

https://www.nj.gov/pinelands/landuse/current/altseptic/2019%20Pilot_Septic_Imlem_Rpt%20-%20FINAL.pdf

6

Remove the BioBarrier system from the Pilot Program as it has not been successful in

meeting CMP water quality standards since being accepted into the Pilot Program in

2011;

Invoke the Commission’s authority in N.J.A.C. 7:50-10.23(b) to add additional

technologies to the Pilot Program by recruiting new NSF Standard 245 and/or

USEPA ETV certified technologies to participate in the Pilot Program beginning in

2020, as adding new technologies to the program should lead to increased

competition among the system vendors and may lead to continued price stability and

potential cost reductions; and

Extend the Pilot Program to 2025 by amending N.J.A.C. 7:50-10.23(c) and (d) to

require the Executive Director’s next report on newly piloted technologies to be due

in 2025, with a possible extension to 2027 if necessary.

The Commission is proposing amendments to the CMP in response to the findings and

recommendations set forth in the 2019 Implementation Report, with the exception of the

recommendation to remove the Hoot ANR technology. As this proposal was being prepared, the

Commission received notice of the pending installation of the first Hoot ANR system in the

Pinelands Area. The Commission is therefore retaining the Hoot ANR technology in the Pilot

Program to give it more time for testing. The proposed amendments also update, correct, and

clarify various provisions of the rules.

The proposed amendments and the 2019 Implementation Report on which they are based

were discussed and reviewed at multiple public meetings of the Commission and the

Commission’s CMP Policy & Implementation Committee in 2019 and 2020. If requested,

Commission staff will also provide a presentation on the proposed amendments at a public

7

meeting of the Pinelands Municipal Council (PMC). The PMC, created by the Pinelands

Protection Act (N.J.S.A. 13:18A-1 et seq.), is made up of the mayors of the 53 municipalities in

the Pinelands Area or their designees. The Council is empowered to review and comment upon

changes proposed by the Commission in the New Jersey Pinelands Comprehensive Management

Plan and advises the Commission on matters of interest regarding the Pinelands.

A more detailed description of the proposed amendments follows.

Subchapter 5

The Commission is proposing to update subchapter 5 to clarify minimum lot sizes for

nonresidential development in certain Pinelands management areas. This clarification is

necessary to correct inconsistencies resulting from recent amendments to subchapter 6. In 2018,

the Commission amended N.J.A.C. 7:50-6.84(a)5iii(2) to authorize the use of advanced

wastewater treatment systems for preexisting nonresidential development in the Rural

Development Area, Forest Area, Agricultural Production Area, and Preservation Area District.

The 2018 amendments allow advanced wastewater treatment systems in these areas when the

proposed nonresidential development constitutes an expansion of a nonresidential use that was in

existence on January 14, 1981, the effective date of the CMP, or constitutes a change of an

existing use to another permitted nonresidential use. (See: 50 N.J.R. 969(a); N.J.A.C. 7:50-

6.84(a)5iii(2)). This change provided an opportunity to improve water quality while at the same

time allowing for potential expansion of pre-existing commercial uses. There are some

provisions in subchapter 5, however, that are inconsistent with the amended N.J.A.C. 7:50-

6.84(a)5iii(2) and the Commission is proposing to update those provisions.

8

The provisions to be amended, N.J.A.C. 7:50-5.22(d), 5.23(d), 5.24(d), 5.26(d), and

5.27(d), prohibit nonresidential structures on parcels less than one acre in the Rural Development

Area, Forest Area, Agricultural Production Area, and Preservation Area District, as conventional

septic systems that service such structures require lots larger than one acre to meet the CMP

septic dilution requirements in those areas. The 2018 amendments to N.J.A.C. 6.84(a)5iii(2),

however, gave some landowners in these areas the ability to expand their existing businesses by

converting to advanced waste water treatment systems. Because some of these businesses are

located on lots smaller than one acre, they were still precluded from expanding, which was not

the Commission’s intent. To correct this inconsistency, the Commission is proposing to update

N.J.A.C. 7:50-5.22(d), 5.23(d), 5.24(d), 5.26(d), and 5.27(d) to recognize that the one-acre

minimum lot size requirement in those provisions will not apply to a preexisting nonresidential

use in the Rural Development Area, Forest Area, Agricultural Production Area, and Preservation

Area District when the landowner is seeking to convert to an advanced technology treatment

system from a conventional septic system in accordance with N.J.A.C. 7:50-6.84(a)5iii(2).

Similarly, the Commission is proposing to update N.J.A.C. 7:50-5.27 and 5.28 to make

these provisions consistent with N.J.A.C. 7:50-6.84(a)5iii(1), which has allowed the use of

advanced waste water treatment systems to serve nonresidential development in Pinelands

Villages, Pinelands Towns, and Regional Growth Areas since 1987. N.J.A.C. 7:50-5.27 and 5.28

currently require a minimum lot size of one acre for nonresidential uses in Pinelands Villages,

Pinelands Towns, and Regional Growth Areas served by any type of septic system. To recognize

that Pinelands water quality standards can be met on smaller lots when advanced treatment

systems are used, the Commission proposes to add new N.J.A.C. 7:50-5.27(b)3 and 5.28(b)3 to

remove the one acre lot size requirements for advanced waste water treatment systems that serve

9

new or existing nonresidential uses in Pinelands Villages and Towns and Regional Growth

Areas, respectively. These three management areas represent the growth-oriented portions of the

Pinelands, where new nonresidential development is encouraged. It should be noted that

Pinelands municipalities will retain the ability to establish whatever area and yard requirements

they deem appropriate for nonresidential uses in zoning districts within these management areas.

The Commission is simply removing what has proven to be an unnecessary restriction on the use

of advanced treatment systems in these areas.

The Commission is also proposing minor changes to existing N.J.A.C. 7:50- 5.27(b)2 and

5.28(b)2, which address waste water treatment systems for residential development, to more

clearly distinguish them from the requirements in proposed new N.J.A.C. 7:50- 5.27(b)3 and

5.28(b)3, which address waste water treatment systems for nonresidential development.

Subchapter 6

The Commission is proposing to remove superfluous language from N.J.A.C. 7:50-

6.84(a)2ii and make a minor grammatical correction to the same provision. N.J.A.C. 7:50-

6.84(a)2 sets forth the criteria under which new waste water treatment facilities are permitted to

serve existing development in the Pinelands Area where a public health problem has been

identified. One of the criteria is that the facility is designed to accommodate waste water only

from existing residential, commercial, and industrial development. The Commission is proposing

to modify this limitation as it unintentionally excluded other types of nonresidential

development, such as schools, churches and other institutional uses. Rather than attempting to

list all possible types of development, N.J.A.C 7:50-6.84(a)2ii will now require that facilities be

designed to accommodate waste water from existing development.

10

The Commission is proposing an amendment to N.J.A.C. 7:50-6.84(a)5 to release the

SeptiTech technology from the Pilot Program and authorize its permanent use on residential

development on parcels of at least one acre in the Pinelands Area. SeptiTech will join

Amphidrome, Bioclere and Fast as a technology that the Commission has determined meets the

CMP water quality standards and has authorized for permanent use. Installation of a SeptiTech

system will be subject to a series of requirements imposed on all alternate waste water treatment

technologies approved for permanent use, including: mandatory recording of deed notices,

conveyance of an approved operation and maintenance manual to the homeowner, compliance

with construction standards, as-built certifications, alarm requirements, system warranty

requirements and renewable operation and maintenance service agreements. (see N.J.A.C. 7:50-

6.84(a)5iv(2)(C) through (J)).

The Commission is also proposing to amend N.J.A.C. 7:50-6.84(a)5iv(2)(E) to require

the manufacturer or engineer of an alternate design waste water treatment system to include the

cost of the system in its certification to the Commission and local board of health. Although the

systems regulated by this subchapter have “graduated” from the Pilot Program and been granted

permanent status for residential use, the Commission continues to collect and monitor the cost of

installing systems. Manufacturers and engineers have been routinely providing cost information

for the approved systems, and the rule amendment will simply formalize that practice.

Subchapters 6 and 10 require manufacturers of waste water technologies to install

warning systems and provide warranties and maintenance contracts for the treatment systems.

The specific requirements vary between the two subchapters. To eliminate any confusion and to

ensure uniformity among installations of alternate waste water technology systems, the

11

Commission is proposing minor changes to both subchapters to make them consistent when

appropriate.

Subchapter 10

The Commission proposes to update and clarify N.J.A.C. 7:50-10.21, which sets forth the

history of the Pilot Program and the status of alternate design treatment technologies in the

Program. Language chronicling the piloted technologies between 2002 and 2016 will be moved

from N.J.A.C. 7:50-10.21(a) and more succinctly summarized in new N.J.A.C. 7:50-10.21(e).

This provision includes a summary of the original technologies accepted into the Pilot Program,

removed from the Pilot Program, and authorized for permanent use in the Pinelands Area.

Language describing the Commission’s decision to expand the Pilot Program in 2010 and accept

four additional technologies into the Pilot Program in 2011 is proposed to be moved from

N.J.A.C. 7:50-10.21(a) to new N.J.A.C. 7:50-10.21(f). The Commission is also proposing in

new N.J.A.C. 7:50-10.21(f) to authorize the SeptiTech technology, which was one of the four

technologies accepted into the Pilot Program in 2011, for permanent residential use on residential

parcels of at least one acre. Proposed amendments to N.J.A.C. 7:50-10.21(f) will also include

notification that the Commission has removed two other technologies accepted into the Pilot

Program in 2011 (BioBarrier and Busse GT) because the technology either failed to meet the

Plan’s water quality standards or because no systems were installed in the Pinelands Area.

The Commission is proposing to change the reporting obligations in N.J.A.C. 7:50-

10.22(a)4 to require the Executive Director to submit periodic reports to the Commission instead

of annual reports. The Executive Director has submitted annual reports on the installation,

maintenance, and performance data for each piloted technology since the Program’s inception in

2002. The Commission has determined that at this advanced stage of the Program, annual

12

reports are not as critical as they were when the Commission was initially testing new

technologies. To that end, the Commission is proposing to eliminate the annual reporting

requirement and require the Executive Director to submit periodic reports on installation,

maintenance and performance data. Consistent with this more focused, flexible reporting, the

Commission is also proposing to eliminate the interim reporting requirement in N.J.A.C. 7:50-

10.22(a)4 and replace it with an ongoing obligation for the Executive Director to report to the

Commission any significant issues with the installation, maintenance, or performance of any of

the piloted technologies.

The Commission is proposing to eliminate the requirement in N.J.A.C. 7:50-10.22(a)5v

that a manufacturer or engineer identify installation problems in their certification to the

Commission and local board of health upon completion of an individual system. The

Commission believes that the reporting obligation of N.J.A.C. 7:50-10.22(a)5xi, which requires

manufacturers to identify and discuss installation problems in semi-annual reports to the

Executive Director, is sufficient for reporting such problems. It should be noted that there have

not been any reported installation problems in many years.

The Commission is also proposing to eliminate the requirement in N.J.A.C. 7:50-

10.22(a)5viii for manufacturers to report necessary maintenance and repairs within 10 days to the

Executive Director and local board of health. The Commission no longer needs this information

on an immediate basis. Requiring manufacturers to include the information in a semi-annual

report, as required by N.J.A.C. 10.22(a)5xi, sufficiently informs the Commission of any

maintenance and repairs.

Minor, non-substantive changes are being proposed to update cross-references in

N.J.A.C. 7:50-10.22(a)2ii and 3 and N.J.A.C. 7:50-10.22(c) as a result of amendments to

13

N.J.A.C. 7:50-10.22(a) in 2018. A minor, non-substantive change is being proposed to N.J.A.C.

7:50-10.22(a)vi to correct the cross-reference regarding a required sample deed notice. A minor,

non-substantive change is being proposed to N.J.A.C. 7:50-10.22(a)5ix to correct the cross-

reference to the technology manufacturer’s manual.

A minor change is being proposed to N.J.A.C. 7:50-10.22(a)5xi to clarify that a

manufacturer is required to submit twice-yearly reports to the Executive Director by June 5 and

December 5 of each year and not necessarily on those dates.

The Commission has extended the Pilot Program many times since its inception in 2002

and is proposing to further extend it by amending N.J.A.C. 7:50-10.23(c). The Program has been

very successful in identifying alternate septic system technologies that better meet the water

quality standards of the CMP. Identifying more advanced technologies on residential lots

smaller than 3.2 acres will serve to promote better water quality in the Pinelands Area. In

addition, landowners in the Pinelands Area will benefit from an extension, as additional

technologies entering the Program will expand consumer choice and stabilize prices. The

Commission is proposing to extend the Program to August 2025, at which time the Executive

Director will conduct a review and provide a status report to the Commission. The Commission

is also proposing to amend N.J.A.C. 7:50-10.23(d) to provide the opportunity for an additional

extension of the Pilot Program to 2027 in the event there is insufficient data on the piloted

technologies at the time of the required review in 2025. The criteria for reviewing the piloted

technologies remain unchanged, but a minor, non-substantive change is proposed to N.J.A.C.

7:50-10.23(c)2 to correct an incorrect cross-reference.

Social Impact

14

No adverse social impact is anticipated from the adoption of the proposed amendments.

Society as a whole benefits from the protection of the Pinelands, and the proposed amendments

are designed to do just that. The Pilot Program has resulted in the identification and use of

alternate waste water treatment systems that, if properly maintained, can more efficiently meet

the water quality standards of the CMP than conventional septic systems for residential use. The

proposed amendments authorize a piloted technology for permanent use and extend the Pilot

Program for the testing of more technologies until at least 2025. These amendments will have a

positive social impact by expanding consumer choice, stabilizing prices, and furthering the

protection of the Pinelands.

For nonresidential uses, the amendments recognize that the use of advanced treatment

systems may allow certain businesses to be developed or expanded in conformance with CMP

water quality standards on lots of less than one acre in size. In the Preservation Area District,

Forest, Agricultural Production, and Rural Development Areas, qualifying businesses will be

those that have been in operation for decades. In the Regional Growth Area, Pinelands Towns

and Pinelands Villages, the amendments will provide a greater opportunity for nonresidential

development in commercial and industrial zones that have long been zoned for such uses. The

result will be a continuation of existing land use patterns and fulfillment of municipal zoning

plans in a manner than meets all CMP environmental standards.

The rule amendments will result in more efficient use of developable land in the Pinelands Area

and not cause any significant changes in land use patterns.

Economic Impact

The proposed amendments will further the positive economic impacts of the Pilot

Program on landowners seeking to develop residential parcels between one and 3.2 acres in

15

unsewered areas of the Pinelands Area. The CMP mandates a minimum residential lot size of 3.2

acres if the parcel is to be served by a conventional septic system. Some smaller parcels,

however, are zoned for residential development in the CMP despite not meeting the 3.2 acre

minimum for conventional septic systems, leaving landowners previously unable to develop

those parcels. The Pilot Program has identified alternate design technologies that can meet the

CMP’s water quality standards on parcels less than 3.2 acres, opening the door for residential

development of parcels that are between one and 3.2 acres, and having a positive economic

impact on landowners, the construction industry, and the region.

The proposed amendments will grant permanent approval of a piloted technology and

extend the Pilot Program to at least 2025 so that the Commission can pilot more technologies.

These changes will enhance consumer choice, improve competition, and potentially reduce costs

to homeowners.

The elimination of the one acre minimum lot size for new nonresidential uses in the

Regional Growth Area, Pinelands Towns and Pinelands Villages and the expansion of

nonresidential uses in other management areas that utilize advanced treatment systems are

expected to have a positive economic impact on property and business owners that can avail

themselves of these changes. In addition, there could be a positive impact on municipalities who

could see an increase in tax revenue from new or expanded businesses in areas zoned for

commercial uses.

Environmental Impact

The proposed extension of the Pilot Program is expected to have a significant

environmental benefit because alternate treatment systems, when properly maintained, can result

in better water quality than conventional septic systems. The Commission will have the

16

opportunity to add alternate wastewater technologies to the Program, which will provide more

data to evaluate and the potential to expand the list of permanently authorized technologies that

can be utilized to improve water quality in the Pinelands.

Federal Standards Statement

Section 502 of the National Parks and Recreation Act of 1978 (16 U.S.C. §471i) called

upon the State of New Jersey to develop a comprehensive management plan for the Pinelands

National Reserve. The original plan adopted in 1980 was subject to the approval of the United

States Secretary of the Interior, as are all amendments to the plan.

The Federal Pinelands legislation sets forth rigorous goals that the plan must meet,

including the protection, preservation and enhancement of the land and water resources of the

Pinelands. The proposed amendments are designed to meet those goals by allowing for the

continued installation and monitoring of alternate design wastewater treatment systems for

residential development through a highly successful pilot program.

There are no other Federal requirements that apply to the subject matter of these

amendments.

Jobs Impact

The proposed extension of the Pilot Program provides a continued opportunity for new

home construction on lots that are zoned for such use but are too small to support conventional

septic systems and are not served by public sewerage infrastructure. The proposed amendments

may therefore result in the creation of jobs associated with new home construction. Likewise, the

proposed amendments may result in the creation of jobs associated with new business

17

construction because they provide a new opportunity for such development on lots less than one

acre through the use of advanced treatment systems.

Agriculture Industry Impact

The proposed amendments to N.J.A.C. 7:50-5.24 will provide some agricultural

operations in the Agricultural Production Area the potential to expand existing nonresidential

uses on lots that they would otherwise not be able to expand due to lot size restrictions, if they

convert to alternate waste water treatment systems from conventional septic systems.

The remaining proposed amendments are not expected to impact the agriculture industry

in the Pinelands.

Regulatory Flexibility Analysis

The proposed amendments will extend the Pilot Program, allowing for the continued

installation of alternate wastewater treatment technologies in the Pinelands Area. The

Commission is also proposing to authorize the permanent use of a piloted technology.

Manufacturers that install alternate design wastewater treatment systems in the Pinelands have to

comply with reporting, recordkeeping and compliance requirements. It is believed that at least

some of these manufacturers may be small businesses, as defined under the Regulatory

Flexibility Act, N.J.S.A. 52:14B-16 et seq. These businesses may continue to incur costs to

ensure compliance with the maintenance and monitoring requirements of N.J.A.C. 6:84(a)5iv(2)

and N.J.A.C. 7:50-10.22(a)5. It is unlikely, however, that businesses will need to engage

professional services to meet the requirements. Furthermore, the maintenance and monitoring

requirements mostly involve providing manuals, maintenance guarantees and other documents

18

that the manufacturers already have on hand, as well as the provision of resources for the

collection and analysis of effluent sampling.

Some of the requirements may, however, involve more significant costs for the

manufacturers, particularly the five-year renewable, non-cancellable maintenance contract

required by N.J.A.C. 7:50-6.84(a)5iv(2), N.J.A.C. 6.85(b) and N.J.A.C. 7:50-10.22(a)5viii.

However, these requirements are a critical part of the Pilot Program and the Commission would

not be able to extend or expand the Program without them. It is likely that the associated costs

will be passed on to the homeowner by the manufacturers, and they represent a relatively small

price for the opportunity to develop lots that would otherwise not be developable.

The Commission is proposing to eliminate a certification and reporting requirement and

impose an additional minor reporting requirement. N.J.A.C. 7:50-10.22(a)5xi requires

manufacturers to identify and discuss installation problems in semi-annual reports to the

Executive Director. To eliminate redundancy in reporting obligations, the Commission is

proposing to eliminate an identical requirement in N.J.A.C. 7:50-10(a)5v, which mandates that

manufacturers report installation problems in their certifications to the Commission and local

board of health upon completion of an individual system.

The Commission is also proposing to add a requirement for manufacturers and engineers

to include the cost of the installation of an alternate technology system in their certifications to

the Commission and local board of health upon completion of the system. In practice,

manufacturers and engineers have been routinely providing this information to the Commission,

and the proposed amendment will merely formalize that practice. This requirement will not

impose any financial burdens or have an adverse economic impact on manufacturers or

engineers.

19

All other reporting, recordkeeping and compliance requirements for manufacturers and

engineers of alternate design wastewater treatment systems participating in the Pilot Program

remain unchanged. These requirements, including maintenance and monitoring, continue to be

imposed on manufacturers of authorized technologies, regardless of business size. This is

necessary to balance protection of Pinelands resources with the Commission’s desire to provide a

continued opportunity for residential development on lots less than 3.2 acres in unsewered areas

of the Pinelands. In fact, the Commission has identified proper system maintenance as the

primary factor in ensuring that the alternate technologies will function in a manner that is

consistent with CMP water quality standards. It is therefore critical that the requirements

continue to be imposed on all manufacturers or their agents.

Housing Affordability Impact Analysis

The proposed amendments have the potential to reduce the cost of alternate design

treatment systems for those landowners seeking to develop homes on lots between one and 3.2

acres in the unsewered portions of the Pinelands Area. By extending the Pilot Program to give

the Commission the opportunity to add more technologies to the Program, and by authorizing

one piloted technology for permanent use, the Commission is expanding the range of installation

options for landowners. This could lead to increased competition among the vendors, resulting in

decreased costs of the systems for homeowners.

While the proposed amendments may result in a decrease in the costs of alternate design

treatment systems, and therefore a decrease in the average cost of housing utilizing such systems,

it is important to note that these systems are being installed in the unsewered portions of the

Pinelands Area and primarily in the Regional Growth Areas, Pinelands Villages and Pinelands

20

Towns. Permitted densities in the unsewered portions of these management areas are relatively

low, ranging from one unit per acre to one unit per 3.2 acres. Housing units in the areas of the

Pinelands Area where most affordable housing is targeted or anticipated would not be affected as

such units are typically expected to be served by public sanitary sewer.

Smart Growth Development Impact Analysis

N.J.S.A. 52:14B-4 requires that proposed amendments be evaluated to determine their

impacts, if any, on housing production in Planning Areas 1 or 2, or within designated centers,

under the State Development and Redevelopment Plan (State Plan). Planning Areas 1 and 2 do

not exist in the Pinelands Area. Likewise, the State Plan does not designate centers within the

Pinelands Area. Instead, N.J.S.A. 52:18A-206.a provides that the State Plan shall rely on the

Pinelands CMP for land use planning in the Pinelands. The Commission has evaluated the

impact of the proposed amendments on Pinelands management areas designated by the CMP that

are equivalent to Planning Areas 1 and 2 and designated centers, namely, the Regional Growth

Areas, Pinelands Villages and Pinelands Towns.

The proposed amendments allow for the continued installation and monitoring of alternate

design treatment systems for residential development in the Pinelands Area. These systems are used

by landowners in the unsewered portions of the Pinelands Area that are zoned for residential

development on lots of less than 3.2 acres in size. These areas are located primarily in Regional

Growth Areas, Pinelands Villages and Pinelands Towns -- management areas designated for

development by the CMP that are equivalent to designated centers under the State Plan. The proposed

amendments do not increase the amount of permitted residential development in these management

areas; rather, they provide a continued opportunity for the development of housing in accordance with

21

municipal zoning plans that were previously approved by the Commission. Thus, the proposed

amendments are not expected to result in any changes in housing density within designated centers or

in any other portions of the Pinelands Area.

There will be no effect on new construction in Planning Areas 1 and 2 as designated by the

State Development and Redevelopment Plan as these State Planning Areas do not exist in the

Pinelands Area.

Racial and Ethnic Community Criminal Justice and Public Safety Impact

The Commission has evaluated this rule proposal and determined that it will not have an

impact on pretrial detention, sentencing, probation, or parole policies concerning adults and

juveniles in the State. Accordingly, no further analysis is required.

22

Full text of the proposal follows (additions indicated with underlines thus; deletions indicated in

brackets [thus]):

SUBCHAPTER 5. MINIMUM STANDARDS FOR LAND USES AND INTENSITIES

7:50-5.22 Minimum standards governing the distribution and intensity of development and

land use in the Preservation Area District

(a)-(c) (No change).

(d) Minimum lot areas for non-residential structures shall be determined by application of the

standards contained in N.J.A.C. 7:50-6.84(a)4 whether or not the lot is to be served by a

centralized waste water treatment or collection facility pursuant to (b)4 above provided,

however, that no such structure shall be located on a parcel of less than one acre. The

requirements of this section shall not apply to a nonresidential use to be served by an

individual on-site septic waste water treatment system in accordance with N.J.A.C. 7:50-

6.84(a)5iii(2).


land use in Forest Areas




centralized waste water treatment or collection facility pursuant to (b)12 above, provided,




6.84(a)5iii(2).


land use in Agricultural Production Areas








6.84(a)5iii(2).

23


land use in Rural Development Areas








6.84(a)5iii(2).


land use in Pinelands Villages and Towns

(a) (No change.)

(b) No residential dwelling unit or nonresidential use shall be located on a parcel of less than

one acre unless served by either:

1. A centralized waste water treatment plant; [or]

2. For residential development, a [A] community on-site waste water treatment

system serving two or more [residential] dwelling units [which] that meets the

standards of N.J.A.C. 7:50-6.84(a)5 or 10.21 through 10.23, provided that the

overall residential density on the parcel does not exceed one dwelling unit per

acre[.]; or

3. For nonresidential development, an individual on-site septic waste water

treatment system that meets the standards of N.J.A.C. 7:50-6.84(a)5.

(c) (No change.)


land use in Regional Growth Areas

(a) (No change.)

(b) No residential dwelling unit or nonresidential use shall be located on a parcel of less than

one acre unless served by either:

1. A centralized waste water treatment plant; [or]

24

2. For residential development, a [A] community on-site waste water treatment

system serving two or more [residential] dwelling units that [which] meets the

standards of N.J.A.C. 7:50-6.84(a)5 or 10.21 through 10.23, provided that the

overall residential density on the parcel does not exceed one dwelling unit per

acre[.]; or

3. For nonresidential development, an individual on-site septic waste water

treatment system that meets the standards of N.J.A.C. 7:50-6.84(a)5.

SUBCHAPTER 6. MANAGEMENT PROGRAMS AND MINIMUM STANDARDS

7:50-6.84 Minimum standards for point and non-point source discharges

(a) The following point and non-point sources may be permitted in the Pinelands:

1. (No change.)

2. Development of new waste water treatment or collection facilities [which] that are

designed to improve the level of nitrate/nitrogen attenuation of more than one

existing on-site waste water treatment system where a public health problem has

been identified may be exempted from the standards of (a)1ii above provided that:

i. (No change.)

ii. The facility is designed only to accommodate waste water from existing

[residential, commercial, and industrial] development;

iii.-iv. (No change.)

3.-4. (No change.)

5. Individual on-site septic waste water treatment systems that are intended to reduce

the level of nitrate/nitrogen in the waste water, provided that the following

standards are met:

i.-iii. (No change.)

iv. 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 ground water 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, (Appendix A) subject to the following

assumptions and requirements. For purposes of this section, the entire

25

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. 7:50-5.30 or 5.47:

(1) (No change.)

(2) For Amphidrome, Bioclere, SeptiTech, and FAST systems:

(A) For residential development using the Amphidrome, [or]

Bioclere, or SeptiTech system, the system will be located

on a parcel of at least one acre for each individual single-

family dwelling unit or the system or systems for multi-

family developments will be located on a parcel with an

overall density equal to or greater than one residential unit

per acre of land;

(B)-(D) (No change.)

(E) Prior to the local board of health’s issuance of a

certification of compliance, or similar authorization to

occupy the development and utilize the treatment system,

the technology manufacturer or its agent and a New Jersey

licensed professional engineer shall provide written

certification, in a form acceptable to the Commission and

the local board of health, that installation of each system,

and all components and appurtenances, including, but not

limited to, pumps, switches, blowers, micro-processors, and

local audio/visual and service provider notification alarms

have been performed properly and the system and all its

components are operating properly. The manufacturer or its

agent shall include in the certification the cost of the

installation;

(F) The manufacturer or its agent shall provide to each owner

an operation and maintenance manual; [and shall provide a

five-year warranty consistent with the requirements of

N.J.A.C. 7:50-10.22(a)5viii]

(G) Each system shall be equipped with a functioning warning

system which will activate audible and visual alarms which

can be readily seen and heard by occupants of the building

served and which also provide immediate remote alarm

notification to the system service provider. Systems may

be equipped with a telemetry control panel, attached to an

Internet-based interface that provides continuous remote

26

monitoring, information management and control of the

advanced wastewater pretreatment device. Systems that do

not have a telemetry control panel shall use an active phone

line equipped with an auto dialer to notify the authorized

service provider of alarm conditions, including if power to

any of the system equipment is disconnected. The alarm

and its switch shall not be on the same electrical circuit as

the system pump(s), blower(s) and system component

control switches. The alarm system shall periodically

communicate with the authorized service provider's remote

monitoring system to ensure against unauthorized alarm

system disconnections [and shall be covered at all times by

a renewable Operation and Maintenance Agreement in

accordance with N.J.A.C. 7:50-6.85(b)];

(H)-(J) (no change in text.)

(K) Each system shall be covered by an initial five-year

warranty and a renewable, minimum five-year maintenance

contract that cannot be arbitrarily cancelled and which

includes a provision requiring that the manufacturer or its

agent inspect the system at least once a year and undertake

any maintenance or repairs determined to be necessary

during any such inspection or as a result of observations

made at any other time, including during effluent

monitoring. The warranty and maintenance contract shall

be consistent with the sample warranty and maintenance

contract approved pursuant to N.J.A.C. 7:50-10.22(a)2v.

(3) (No change.)

v.-ix. (No change.)

6. (No change.)

7:50-6.85 Individual and non-individual onsite subsurface sewage disposal systems and

petroleum tank maintenance

(a) (no change.)

(b) All Pinelands alternate design wastewater treatment systems in active use shall be

equipped with a functioning alarm [dialing capability] system that conforms to the

requirements of N.J.A.C. 7:50-6.84(a)5iv(2)(G) and shall be covered under a renewable

operation and maintenance contract [agreement] that conforms to the requirements

27

of N.J.A.C. 7:50-6.84(a)5iv(2)(K) for as long as the system is in active use. [The

operation and maintenance agreement shall, at minimum, provide for at least once annual

service calls by a qualified service technician. The operation and maintenance agreement

shall also provide for periodic onsite inspection and maintenance service visits that meet

the minimum operation and maintenance requirements of the Pinelands alternate design

wastewater treatment system manufacturer or vendor.]

(c)-(d) (no change.)

SUBCHAPTER 10 PILOT PROGRAMS

PART IV – ALTERNATE DESIGN TREATMENT SYSTEMS PILOT PROGRAMS

7:50-10.21 Purpose

(a)-(b) (No change.)

(c) In 2000, the Commission formed a special committee to investigate alternate septic

system technologies that would better meet the water quality requirements of N.J.A.C.

7:50-6, Part VIII, for residential development on lots smaller than 3.2 acres where such

lots are currently authorized by N.J.A.C. 7:50-5. After conducting extensive research, the

Committee identified five technologies that could [can] be expected to meet these water

quality requirements for residential development. The Committee recommended that an

interim program be developed for the approval, installation and monitoring of the five

technologies for use under certain conditions and safeguards. [Based on the available

information, the Committee recommended that the Ashco RFS III system be allowed on

residential lots of at least 1.5 acres and the other four systems be allowed on residential

lots of at least one acre. In November 2006, the Commission decided to remove the

Ashco RFS III system from the Alternate Design Treatment Systems Pilot Program. The

Commission made this decision due to the manufacturer’s failure to make systems

commercially available in the Pinelands during the initial five-year period of the pilot

program or to otherwise demonstrate the ability or intention for future participation in the

program.] Residential development using any of the authorized systems would still have

to conform to the lot size and density requirements contained in the municipal land use

ordinances that have been certified by the Commission pursuant to N.J.A.C. 7:50-3. [In

2010, the Commission decided to release two of the original pilot program technologies

(Amphidrome and Bioclere) from the pilot program and authorize them for permanent

use, subject to the provisions of N.J.A.C 7:50-6.84(a)5iv(3). The Commission also

decided to provide an opportunity for expansion of the pilot program to include certain

other residential nutrient reducing onsite wastewater treatment technologies that have

attained verification and/or certification through the United States Environmental

Protection Agency Environmental Technology Verification (USEPA ETV) Program or

the National Sanitation Foundation/ American National Standards Institute (NSF/ANSI)

Standard 245 testing program. Information regarding the USEPA ETV Program is

available from the United States Environmental Protection Agency website at:

http://www.epa.gov/etv/vt-wqp.html#dwtt and

http://www.epa.gov/etv/pubs/600s07004.pdf. Information regarding the NSF/ANSI

28

Standard 245 testing program is available from the National Sanitation Foundation

website at:

http://www.nsf.org/business/wastewater_certification/standards.asp?program=Wastewate

rCer#245. In 2013, the Commission decided to remove the Cromaglass technology from

the Alternate Design Treatment Systems Pilot Program. The Commission made this

decision based on the Cromaglass technology’s inability to meet the water quality

standards contained in N.J.A.C. 7:50-6, Part VIII. In 2016, the Commission decided to

release the only remaining original pilot program technology (FAST) from the pilot

program and authorize it for permanent use on parcels of at least 1.4 acres in size, subject

to the provisions of N.J.A.C. 7:50-6.84(a)5iv(3).]

(d) (No change.)

(e) Upon adoption of the Alternate Design Treatment Systems Pilot Program in 2002, the

Commission authorized five technologies to be tested for residential use in the Pinelands

Area: Amphidrome, Ashco RFS III, Bioclere, Cromaglass and FAST. In 2006, the

Commission removed the Ashco RFS III technology from the pilot program due to the

manufacturer’s failure to make systems commercially available in the Pinelands Area

during the initial five-year period of the pilot program or to otherwise demonstrate the

ability or intention for future participation in the program. In 2013, the Commission

removed the Cromaglass technology from the pilot program due to its inability to meet

the water quality standards in N.J.A.C. 7:50-6, Part VIII. The remaining three

technologies successfully demonstrated their ability to meet the water quality standards

of this Plan, and were released from the pilot program and authorized for permanent use

in the Pinelands Area in accordance with N.J.A.C. 7:50-6.84(a)5iv. The Amphidrome and

Bioclere technologies were released in 2010 and authorized for residential development

on parcels of at least 1.0 acre. The FAST technology was released in 2016 and authorized

for residential development on parcels of at least 1.4 acres.

(f) In 2010, amendments to this subchapter authorized the Commission to expand the pilot

program and add more residential nutrient reducing onsite wastewater treatment

technologies that have attained verification and/or certification through the United States

Environmental Protection Agency Environmental Technology Verification (USEPA

ETV) Program or the National Sanitation Foundation/ American National Standards

Institute (NSF/ANSI) Standard 245 testing program. Information regarding the USEPA

ETV Program is available from the United States Environmental Protection Agency

website at: http://www.epa.gov/etv/vt-wqp.html#dwtt and

http://www.epa.gov/etv/pubs/600s07004.pdf Information regarding the NSF/ANSI

Standard 245 testing program is available from the National Sanitation Foundation

website at:

http://www.nsf.org/business/wastewater_certification/standards.asp?program=Wastewate

rCer#245. Four technologies were evaluated pursuant to N.J.A.C. 7:50-10.23(b) and

accepted into the pilot program in 2011. In 2020, the Commission released one of those

technologies, SeptiTech, from the pilot program in recognition of its ability to meet the

water quality standards in N.J.A.C. 7:50-6, Part VIII, and authorized it for residential

http://www.epa.gov/etv/vt-wqp.html#dwtt

http://www.epa.gov/etv/pubs/600s07004.pdf

http://www.nsf.org/business/wastewater_certification/standards.asp?program=WastewaterCer#245

http://www.nsf.org/business/wastewater_certification/standards.asp?program=WastewaterCer#245

29

development on parcels of at least 1.0 acre in accordance with N.J.A.C. 7:50-6.84(a)5iv.

The Commission also removed two technologies from the pilot program in 2020:

BioBarrier, which failed to meet the water quality standards in N.J.A.C. 7:50-6, Part VIII;

and Busse GT, which could not be evaluated as the technology was never installed in the

Pinelands Area after being accepted into the pilot program.

7:50-10.22 General standards

(a) Alternate design pilot program treatment systems shall be authorized for residential use in

all municipalities provided that the following standards are met:

1. (No change.)

2. The manufacturer of the alternate design pilot program treatment system has

submitted to the Executive Director and the Executive Director has approved:

i. (No change.)

ii. A description of the automatic dialing system required in (a)5ii [(a)6ii]

below, and a description of how and when that system will function;

iii.-v. (No change.)

vi. A sample deed notice that is consistent with (a)5ix [(a)6viii] below.

3. Subject to being increased during the pilot program based on the results of a

hearing conducted pursuant to (a)4 [(a)5] below, each USEPA ETV or NSF/ANSI

Standard 245 technology approved by the Commission for participation in the

pilot program pursuant to N.J.A.C. 7:50-10.23(b) shall be located on a parcel

containing sufficient land area to comply with the two parts per million nitrogen

requirement and the water quality standards contained in N.J.A.C. 7:50-6, Part

VIII, as calculated using the Pinelands Septic Dilution Model and the expected

effluent total nitrogen value for the technology based upon the findings of the

USEPA ETV and/or NSF/ANSI Standard 245 test data.

4. The Executive Director shall periodically [submit an annual] report to the

Commission on the [describing] installation, maintenance, and performance data

for each technology. The Executive Director shall also [submit an interim] report

to the Commission if he or she [it is] determines[d] there is a significant

installation, maintenance, or performance issue with one or more technologies

that needs to be addressed [before the issuance of the next annual report]. Copies

of any report issued by the Executive Director [each annual and interim report]

shall be provided to each manufacturer and agent of a technology that is discussed

in that report. If the [it is determined in a] report determines either that a

30

manufacturer or its agent is not adhering to any of the requirements of this pilot

program or that any one of the technologies, based on maintenance or installation

issues or an evaluation of all the monitoring results for that technology under this

pilot program, is not meeting the minimum water quality standards in N.J.A.C.

7:50-6.83 or the two parts per million total nitrogen requirement in (a)5xii [(a)5x]

below on all lots smaller than 3.2 acres or on lots smaller than a particular size

because the effluent existing the system is higher than was anticipated in

establishing the lot sizes in (a)3 above:

i.-ii. (No change.)

5. Conditions for use of alternate design pilot program treatment systems are as

follows:

i. (No change.)

ii. Each system shall be equipped with [automatic dialing capability] a

functioning alarm system that conforms to the requirements of N.J.A.C.

7:50-6.84(a)5iv(2)(G) [to the manufacturer, or its agent, in the event of a

mechanical malfunction]. The manufacturer or its agent shall report to the

Executive Director each such malfunction within five days of its

occurrence, describing the nature of the mechanical malfunction, the

measures taken to correct the malfunction and the success of those

measures. [Periodic dialing or some other fail safe mechanism shall be

provided to ensure against unauthorized disconnections];

iii-iv. (No change.)

v. The manufacturer or its agent and a New Jersey licensed professional

engineer shall certify to the Commission and the local board of health that

installation of each system has been properly completed and that the

system and all of its components are operating properly. The

manufacturer or its agent shall include in the certification the cost of the

installation [and a description of any problem encountered during the

installation];

vi.-vii. (No change.)

viii. Each system shall be covered by an initial five-year warranty and a

renewable, minimum five-year maintenance contract that cannot be

arbitrarily cancelled [and is renewable] and which includes a provision

requiring that the manufacturer or its agent inspect the system at least once

a year and undertake any maintenance or repairs determined to be

necessary during any such inspection or as a result of observations made at

any other time, including [when] during effluent monitoring [occurs or

that is identified based on the results of any effluent monitoring]. Said

31

warranty and maintenance contract shall be consistent with the sample

warranty and maintenance contract approved pursuant to (a)2v above. [In

addition to complying with the reporting requirements of N.J.A.C. 7:9A-

3.4(b) concerning system malfunctions, the manufacturer or agent shall

report to the Executive Director and local board of health on all necessary

maintenance and repairs within 10 days and shall report to the Executive

Director and local board of health semi-annually as to the inspections

conducted during the preceding six months including a description of any

maintenance and repairs that were undertaken and the success of those

measures and their costs];

viii. (No change.)

ix. The property owner shall record with the deed to the property a notice

consistent with the sample deed notice approved pursuant to (a)2vi above

that identifies the technology, acknowledges the owner’s responsibility to

operate and maintain it in accordance with the manual required in (a)2vi

[(a)6vi] above, and grants access, with reasonable notice, to the local

board of health, the Commission and its agents for inspection and

monitoring purposes. The recorded deed shall run with the property and

shall ensure that the maintenance requirements are binding on any owner

of the property during the life of the system and that the monitoring

requirements are binding on any owner of the property during the time

period the monitoring requirements apply pursuant to this pilot program or

any subsequent regulations adopted by the Commission that apply to said

system;

x. (No change.)

xi. By June 5 and December 5 of each calendar year, until the conclusion of

the pilot program, each manufacturer or its agent shall submit to the

Executive Director a report which includes the number of systems

installed during the previous six months and since the beginning of the

pilot program, a discussion of any installation problems and what has been

done to address those problems, an analysis and evaluation of the

monitoring results to date and a discussion of any operational or

maintenance issues, including the number of systems requiring

maintenance or repairs and the nature and success of such maintenance

and repairs, and the number of times the automatic dialing system was set

off and the reasons for each such occurrence;

xii.-xiii. (No change.)

(b) (No change.)

32

(c) The technology manufacturer or its agent shall troubleshoot and attempt to remediate

substandard performance of any system that fails to meet effluent concentration targets

after two consecutive sampling events by implementing measures including, but not

limited to, homeowner education, process adjustments, and equipment retrofits. The

technology manufacturer or its agent shall report to the Executive Director and local

board of health semi-annually on all remedial measures undertaken, pursuant to (a)5viii

[(a)6viii] above.

7:50-10.23 Pinelands Commission approval and evaluation

(a)-(b) (No change.)

(c) The Executive Director shall review this pilot program relative to any approved USEPA

and NSF/ANSI Standard 245 treatment technologies no later than August 5, 2025

[August 5, 2017], and shall report to the Commission within three months of that date on

its implementation. The Executive Director shall determine whether this pilot program is

successful in accordance with the following criteria:

1. (No change.)

2. The maintenance required for each alternate design pilot program treatment

system technology to meet the efficiency set forth in [(b)1] (c)1 above;

3.-6. (No change)

(d) If the Executive Director finds that the number of monitoring events for any approved

USEPA and NSF/ANSI Standard 245 treatment technologies is not adequate to evaluate

any of those technologies under this pilot program in accordance with (c) above, the

Executive Director shall so inform the Commission and, upon receiving the

Commission’s approval, initiate a second review to be completed no later than [August 5,

2019] August 5, 2027.

(e)-(g) (No change.)







NO. PC4-20- 20

TITLE: To Authorize the Executive Director to Continue to Expend Funds for Fiscal Year 2021 at the Same Level of Expenditures as Fiscal Year 2020 until the Adoption of the Fiscal Year 2021

Commissioner Avery moves and Commissioner Lloyd seconds the motion that:

WHEREAS, pursuant to the Pinelands Protection Act, the Pinelands Commission is charged with continuing implementation and monitoring of the Pinelands Comprehensive Management Plan; and WHEREAS, it is anticipated that the New Jersey Legislature will appropriate funds on July 1, 2020 for the first quarter of FY 2021 and the remainder on September 1, 2020 to support the Commission’s operations during Fiscal Year 2021; and WHEREAS, pursuant to N.J.S.A 13:18A-5h, no action authorized by the Commission shall have force or effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes of the meeting of the Commission has been delivered to the Governor for review, unless prior to expiration of the review period the Governor shall approve same, in which case the actions shall become effective upon such approval. NOW, THEREFORE, BE IT RESOLVED that the Executive Director is authorized to continue to expend funds during Fiscal Year 2021 in accordance with guidance issued by the Department of Treasury until the Commission’s adoption of the Fiscal Year 2021 Budgets.

Record of Commission Votes

AYE NAY NP A/R* AYE NAY NP A/R* AYE NAY NP A/R*

Avery Irick Pikolycky Christy Jannarone Quinn

Earlen Lloyd Rohan Green

Howell Lohbauer Prickett *A = Abstained / R = Recused

Adopted at a meeting of the Pinelands Commission Date:

Nancy Wittenberg Richard Prickett

Executive Director Chairman


NO. PC4-20-


1986-1408.012)

Commissioner moves and Commissioner

seconds the motion that:

WHEREAS, the Pinelands Commission has reviewed the Public Development Application Report and

the recommendation of the Executive Director that the following application for Public Development be

approved with conditions:

1986-1408.012

Applicant: Woodbine Municipal Utilities Authority

Municipality: Borough of Woodbine

Management Area: Pinelands Town

Date of Report: June 17, 2020

Proposed Development: Improvements to an existing municipal potable water treatment

facility.

WHEREAS, no request for a hearing before the Office of Administrative Law concerning the Executive

Director’s recommendation has been received for this application; and

WHEREAS, the Pinelands Commission hereby adopts the Conclusion of the Executive Director for the

proposed development; and

WHEREAS, the Pinelands Commission hereby determines that the proposed public development

conforms to the standards for approving an application for public development set forth in N.J.A.C.

7:50-4.57 if the conditions recommended by the Executive Director are imposed; and

WHEREAS, pursuant to N.J.S.A. 13A-5h, no action authorized by the Commission shall have force or

effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes

of the meeting of the Commission has been delivered to the Governor for review, unless prior to

expiration of the review period and Governor shall approve same, in which case the action shall become

effective upon such approval.

NOW, THEREFORE BE IT RESOLVED that Application Number 1986-1408.012 for public

development is hereby approved subject to the conditions recommended by the Executive Director.

June 17, 2020

Mayor William Pickolycky (via email)

Woodbine Municipal Utilities Authority

501 Washington Avenue

Woodbine, NJ 08270


Block 65, Lots 1-3

Borough of Woodbine

Dear Mayor Pickolycky:

The Commission staff has completed its review of this amended application for improvements to an

existing municipal potable water treatment facility. Enclosed is a copy of an Amended Public

Development Application Report. On behalf of the Commission’s Executive Director, I am

recommending that the Pinelands Commission approve the amended application with conditions at its

July 10, 2020 meeting.






Sincerely,




c: Secretary, Borough of Woodbine Planning Board (via email)

Borough of Woodbine Construction Code Official (via email)

Secretary, Cape May County Planning Board (via email)

Cape May County Health Department (via email)

Bruce S. Graham, P.E. (via email)

AMENDED PUBLIC DEVELOPMENT APPLICATION REPORT

June 17, 2020

Mayor William Pickolycky (via email)

Woodbine Municipal Utilities Authority

501 Washington Avenue

Woodbine, NJ 08270


Block 65, Lots 1-3

Borough of Woodbine

This application proposes improvements to an existing potable water treatment facility located on the

above referenced 4.32 acre parcel in the Borough of Woodbine.

On August 9, 2019, the Commission approved an application for the construction of a 200 square foot

shed, a 480 square foot garage and a 660 square foot expansion of an existing paved parking lot (App.

No. 1986-1408.008). This application proposes to increase the square footage of the previously

approved 480 square foot garage to 2,000 square feet.

STANDARDS




Land Use (N.J.A.C. 7:50-5.27)

The proposed development is located in the Pinelands Town of Woodbine. The proposed development is

a permitted land use in a Pinelands Town Management Area.


The proposed development will be located in an existing developed and/or maintained grassed area. The


development.




2

PUBLIC COMMENT

The CMP defines the proposed development as “minor” development. The CMP does not require public

notice for minor public development applications. This amended application was designated as complete

on the Commission’s website on May 27, 2020. The Commission’s public comment period closed on

June 12, 2020. No public comment was submitted to the Commission regarding this application.

CONDITIONS


the plan, consisting of ten sheets, prepared by Van Note Harvey and Associates, and

dated as follows:

Sheets 1- 8 & 10 - December 19, 2017; last revised January 17, 2020

Sheet 9 - October 18, 2017; last revised January 17, 2020


licensed facility.





approvals.

CONCLUSION



above conditions.


APPEAL PROCEDURE







received by the Commission’s office no later than 5:00 PM on July 6, 2020 and include the following

information:








decision.





Administrative Law.

Record of Commission Votes

AYE NAY NP A/R* AYE NAY NP A/R* AYE NAY NP A/R*

Avery Irick Pikolycky Christy Jannarone Quinn

Earlen Lloyd Rohan Green

Howell Lohbauer Prickett *A = Abstained / R = Recused

Adopted at a meeting of the Pinelands Commission Date:

Nancy Wittenberg Richard Prickett

Executive Director Chairman


NO. PC4-20-

TITLE: Approving With Conditions Applications for Public Development (Application Numbers 2003-

0530.012 & 2020-0085.001)

Commissioner moves and Commissioner

seconds the motion that:

WHEREAS, the Pinelands Commission has reviewed the Public Development Application Reports and

the recommendation of the Executive Director that the following applications for Public Development

be approved with conditions:

2003-0530.012

Applicant: GEH Solar 1, LLC on behalf of the Greater Egg Harbor

Regional School District

Municipality: Egg Harbor City

Management Area: Pinelands Town


Proposed Development: Installation of a 20,445 square foot ground mounted solar energy

facility at the Cedar Creek High School; and

2020-0085.001

Applicant: Egg Harbor Township Municipal Utilities Authority

Municipality: Egg Harbor Township

Management Area: Pinelands Military/Federal Installation Area

Pinelands Regional Growth Area


Proposed Development: Installation of 1,675 linear feet of sanitary sewer main within the

Delilah Road right-of-way.

WHEREAS, no request for a hearing before the Office of Administrative Law concerning the Executive

Director’s recommendation has been received for any of these applications; and

WHEREAS, the Pinelands Commission hereby adopts the Conclusion of the Executive Director for

each of the proposed developments; and

WHEREAS, the Pinelands Commission hereby determines that each of the proposed public

developments conform to the standards for approving an application for public development set forth in

N.J.A.C. 7:50-4.57 if the conditions recommended by the Executive Director are imposed; and

WHEREAS, pursuant to N.J.S.A. 13A-5h, no action authorized by the Commission shall have force or

effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes

of the meeting of the Commission has been delivered to the Governor for review, unless prior to

expiration of the review period and Governor shall approve same, in which case the action shall become

effective upon such approval.

NOW, THEREFORE BE IT RESOLVED that Application Numbers 2003-0530.012 & 2020-

0085.001 for public development are hereby approved subject to the conditions recommended by the

Executive Director.

June 17, 2020

Pierre Moses

GEH Solar 1, LLC (via email)

2060 Winding Brook Way

Scotch Plains, NJ 07076


Block 16, Lot 1

Egg Harbor City

Dear Mr. Moses:

The Commission staff has completed its review of this application for installation of a 20,445 square

foot ground mounted solar energy facility at the Cedar Creek High School.

Enclosed is a copy of a Public Development Application Report. On behalf of the Commission’s

Executive Director, I am recommending that the Pinelands Commission approve the application with

conditions at its July 10, 2020 meeting.






Sincerely,




c: Secretary, Egg Harbor City Planning Board (via email)

Egg Harbor City Construction Code Official (via email)


Jesse Dougherty, PE, Sr. Project Engineer (via email)

Thomas Grossi, Board Secretary (via email)

Derrik A. Manka (via email)


June 17, 2020

Pierre Moses

GEH Solar 1, LLC (via email)

2060 Winding Brook Way

Scotch Plains, NJ 07076


Block 16, Lot 1

Egg Harbor City

This application proposes the installation of a 20,445 square foot ground mounted solar energy facility at

the Cedar Creek High School located on the above referenced 66.23 acre parcel. The proposed solar

energy facility will be an accessory use to the existing school. The 20,445 square foot solar energy

facility subject of this application will be installed on grassed areas.

An additional approximately 93,735 square feet of proposed solar energy facility will be installed over

existing paved parking areas and partially on the roof of the school. The proposed installation of

accessory solar facilities on existing impervious surfaces or existing structures does not require

application to the Commission (N.J.A.C. 7:50-4.1(a)20).

The applicant has indicated that the proposed 114,180 square foot solar energy facility will produce

2,009.7 kW per year, which represents approximately seventy percent of the school’s annual electric

use.

STANDARDS




Land Use (N.J.A.C. 7:50-5.27)

The proposed development is located in the Pinelands Town of the City of Egg Harbor City. The

proposed development is a permitted land use in a Pinelands Town.

2


The proposed development will be located within existing maintained non-native grassed areas. The


development.

PUBLIC COMMENT


of the above referenced parcel was completed on January 30, 2020. Newspaper public notice was

completed on February 3, 2020. The application was designated as complete on the Commission’s

website on May 26, 2020. The Commission’s public comment period closed on June 12, 2020. The

Commission received one written public comment regarding this application.

Commenter #1: The commenter indicated that they lived adjacent to the school and inquired as to

the location and footprint of the proposed solar energy facility.

Staff Response: On March 27, 2020, the Commission staff provided the commenter with a map of

the proposed solar energy facility.

CONDITIONS


the plan, consisting of ten sheets, prepared by Marathon Engineering Associates, and

dated as follows:

Sheets 1-10- January 22, 2020; revised April 17, 2020


licensed facility.





approvals.

CONCLUSION



above conditions.


APPEAL PROCEDURE








information:








decision.





Administrative Law.

June 18, 2020

Michael Duffy (via email)

Egg Harbor Township Municipal Utilities Authority

3515 Bargaintown Road

Egg Harbor Township, NJ 08234


Delilah Road

Egg Harbor Township

Dear Mr. Duffy:

The Commission staff has completed its review of this application for installation of 1,675 linear feet of

sanitary sewer main within the Delilah Road right-of-way. Enclosed is a copy of a Public Development

Application Report. On behalf of the Commission’s Executive Director, I am recommending that the

Pinelands Commission approve the application with conditions at its July 10, 2020 meeting.






Sincerely,




c: Secretary, Egg Harbor Township Planning Board (via email)

Egg Harbor Township Construction Code Official (via email)

Egg Harbor Township Environmental Commission (via email)


Vincent J. Polistina, PE (via email)


June 18, 2020

Michael Duffy (via email)

Egg Harbor Township Municipal Utilities Authority

3515 Bargaintown Road

Egg Harbor Township, NJ 08234


Delilah Road

Egg Harbor Township

This application proposes installation of 1,675 linear feet of sanitary sewer main within the Delilah Road

right-of-way located in Egg Harbor Township. The proposed sewer main will connect to an existing

sanitary sewer main in Delilah Road and extend west until it reaches the Delilah Road and Tilton Road

intersection.

STANDARDS




Land Use (N.J.A.C. 7:50-5.28(a) & 5.29)

The proposed sanitary sewer main is located entirely within the Delilah Road right-of-way. Delilah

Road is a county road. Approximately 730 linear feet of the proposed sanitary sewer main is located in a

Pinelands Regional Growth Area and approximately 945 linear feet of the proposed sanitary sewer main

is located in a Military and Federal Installation Management Area.

The portion of the proposed sanitary sewer main located in a Pinelands Regional Growth Area is a

permitted land use.

In the area of Egg Harbor Township where the 945 linear feet of sanitary sewer main is proposed, the

Delilah Road right-of-way is bounded on one side by a Pinelands Regional Growth Management Area

and on the other side by a Military and Federal Installation Management Area. When two Pinelands land

management area boundaries coincide with a road right of way, the boundaries of the two respective

Pinelands land management areas extend to the centerline of the road right-of-way. The proposed

sanitary sewer main is located on the Military and Federal Installation Management Area side of the

Delilah Road right-of-way.

2

The CMP permits, with conditions, any public purpose use undertaken by or on behalf of another level

of government in a Military and Federal Installation Management Area. The proposed sanitary sewer

main meets the CMP conditions that are applicable to the proposed development of a sanitary sewer

main in the Delilah Road right-of-way and it is a permitted land use in a Military and Federal

Installation Management Area.


The proposed development will be located under existing pavement and within existing maintained

grassed road shoulders. The proposed soil disturbance is limited to that which is necessary to

accommodate the development.




Cultural Resource Standards (N.J.A.C. 7:50-6.151)

The Commission staff reviewed the application for evidence of cultural resources on the parcel. Based

upon the lack of potential for significant cultural resources on the parcel, a cultural resource survey was

not required.

PUBLIC COMMENT

The applicant has provided the requisite public notice. Newspaper public notice was completed on May

8, 2020. The application was designated as complete on the Commission’s website on May 11, 2020.

The Commission’s public comment period closed on June 12, 2020. No public comment was submitted

to the Commission regarding this application.

CONDITIONS


the plan, consisting of four sheets, prepared by Houser Engineering, LLC. all sheets dated

May 29, 2019 and revised to March 3, 2020.


licensed facility.





approvals.

3

CONCLUSION



above conditions.


APPEAL PROCEDURE








information:








decision.





Administrative Law.


NO. PC4-20-_____________

TITLE: Issuing an Order to Certify Ordinance 2020-5, Amending Chapter 55 (Land Use) of the Code of

Barnegat Township.

Commissioner ______________________________ moves and Commissioner ___________________________ seconds the motion that:

WHEREAS, on April 8, 1983, the Pinelands Commission fully certified the Master Plan and Land Use Ordinances of Barnegat Township; and WHEREAS, Resolution #PC4-83-29 of the Pinelands Commission specified that any amendment to the Township’s certified Master Plan and codified Land Use Ordinances be submitted to the Executive Director in accordance with N.J.A.C. 7:50-3.45 (Submission and Review of Amendments to Certified Master Plans and Land Use Ordinances) of the Comprehensive Management Plan to determine if said amendment raises a substantial issue with respect to conformance with the Pinelands Comprehensive Management Plan; and WHEREAS, Resolution #PC4-83-29 further specified that any such amendment shall only become effective as provided in N.J.A.C. 7:50-3.45 of the Comprehensive Management Plan; and WHEREAS, on May 8, 2020, Barnegat Township adopted Ordinance 2020-5, amending Chapter 55, Land Use, of the Code of Barnegat Township by revising standards applicable to condominium development in the C-N (Neighborhood Commercial) Zone; and WHEREAS, the Pinelands Commission received a certified copy of Ordinance 2020-5 on May 12, 2020; and WHEREAS, by letter dated May 14, 2020, the Executive Director notified the Township that Ordinance 2020-5 would require formal review and approval by the Pinelands Commission; and WHEREAS, a public hearing to receive testimony on Ordinance 2020-5 was duly advertised, noticed and remotely held on June 10, 2020 at 9:30 a.m. with live broadcast on the Pinelands Commission’s public YouTube channel and opportunity for the public to call-in; and WHEREAS, the Executive Director has found that Ordinance 2020-5 is consistent with the standards and provisions of the Pinelands Comprehensive Management Plan; and WHEREAS, the Executive Director has submitted a report to the Commission recommending issuance of an order to certify that Ordinance 2020-5, amending Chapter 55, Land Use, of the Code of Barnegat Township, is in conformance with the Pinelands Comprehensive Management Plan; and WHEREAS, the Commission’s CMP Policy and Implementation Committee has reviewed the Executive Director’s report and has recommended that Ordinance 2020-5 be certified; and WHEREAS, the Pinelands Commission has duly considered all public testimony submitted to the Commission concerning Ordinance 2020-5 and has reviewed the Executive Director’s report; and WHEREAS, the Pinelands Commission accepts the recommendation of the Executive Director; and WHEREAS, pursuant to N.J.S.A. 13:18A-5h, no action authorized by the Commission shall have force or effect until ten (10) days, Saturdays, Sundays and public holidays excepted, after a copy of the minutes of the meeting of the Commission has been delivered to the Governor for review, unless prior to expiration of the review period the Governor shall approve same, in which case the action shall become effective upon such approval.


Avery Jannarone Rohan Green Christy Lloyd Prickett Earlen Lohbauer Howell Pikolycky Irick Quinn


Adopted at a meeting of the Pinelands Commission Date: ________________________


2

NOW, THEREFORE BE IT RESOLVED that 1. An Order is hereby issued to certify that Ordinance 2020-5, amending Chapter 55, Land Use, of

the Code of Barnegat Township, is in conformance with the Pinelands Comprehensive Management Plan.

2. Any additional amendments to Barnegat Township’s certified Master Plan and Land Use

Ordinances shall be submitted to the Executive Director in accordance with N.J.A.C. 7:50-3.45 to determine if said amendments raise a substantial issue with respect to the Comprehensive Management Plan. Any such amendment shall become effective only as provided in N.J.A.C. 7:50-3.45.

REPORT ON ORDINANCE 2020-5, AMENDING CHAPTER 55 (LAND USE)

OF THE CODE OF BARNEGAT TOWNSHIP

June 26, 2020 Barnegat Township 900 West Bay Avenue Barnegat, NJ 08005

FINDINGS OF FACT I. Background The Township of Barnegat is located in southern Ocean County, in the eastern portion of the Pinelands Area. Pinelands municipalities that border Barnegat Township include the Townships of Lacey, Ocean, Stafford and Little Egg Harbor in Ocean County, and the Townships of Bass River and Woodland in Burlington County. On April 8, 1983, the Pinelands Commission fully certified the Master Plan and codified Land Use Ordinances of Barnegat Township. On May 8, 2020, Barnegat Township adopted Ordinance 2020-5, amending Chapter 55 (Land Use) of the Code of Barnegat Township. The ordinance amends condominium standards applicable to the Neighborhood Commercial (C-N) Zone. Condominium developments are a conditional use in that portion of the C-N Zone located in the Pinelands Regional Growth Area. The ordinance establishes a maximum affordable housing set-aside for such developments; exempts from Pinelands Development Credit requirements those units that are provided as affordable up to the maximum affordable housing set-aside; modifies minimum unit size requirements; and modifies requirements for outdoor recreational amenities. The Pinelands Commission received a certified copy of Ordinance 2020-5 on May 12, 2020. By letter dated May 14, 2020, the Executive Director notified the Township that Ordinance 2020-5 would require formal review and approval by the Pinelands Commission.

2

II. Master Plans and Land Use Ordinances The following ordinance has been submitted to the Pinelands Commission for certification:

* Ordinance 2020-5, Amending Chapter 55 (Land Use), introduced on March 3, 2020 and adopted

on May 8, 2020. This ordinance has been reviewed to determine whether it conforms with the standards for certification of municipal master plans and land use ordinances as set out in N.J.A.C. 7:50-3.39 of the Pinelands Comprehensive Management Plan (CMP). The findings from this review are presented below. The numbers used to designate the respective items correspond to the numbers used to identify the standards in N.J.A.C. 7:50-3.39. 1. Natural Resource Inventory

Not applicable.

2. Required Provisions of Master Plans and Land Use Ordinances Relating to Development Standards Ordinance 2020-5 amends the condominium standards applicable to the Neighborhood Commercial (C-N) Zone. In 2017, the Commission certified Ordinance 2017-12, which established condominium developments as a conditional use in that portion of the C-N Zone located in the Pinelands Regional Growth Area. This area of the Township is located along West Bay Avenue, immediately to the north of Ocean Acres (see Exhibit #1). As was the case in 2017, there remains only one parcel that meets the standards for a condominium development within the C-N Zone. The parcel is slightly less than 10 acres in size, with a potential for 148 new units based on the maximum permitted density of 15 units per acre. Ordinance 2020-5 establishes a 20% limit on the number of condominium units that may be set aside as affordable to low- and moderate-income households. No minimum set-aside requirement is established. The ordinance also provides that no more than 10 of the units may be made affordable to low-income households. As noted, the Commission previously certified Ordinance 2017-12, which required that Pinelands Development Credits be purchased and redeemed for 25% of all units in a condominium development within the C-N Zone. Ordinance 2020-5 exempts units made affordable to low- and moderate-income households from this Pinelands Development Credit requirement, provided that such affordable units do not exceed 20% of the total number of units in a proposed development. Given the residential unit potential of 148 units, Ordinance 2020-5 would permit a maximum of 29 affordable units to be exempted from Pinelands Development Credit requirements. The remaining 119 market-rate units would require the purchase and redemption of 30 rights (7.5 full Credits). Additionally, Ordinance 2020-5 reduces the minimum two-bedroom unit size from 1,100 square feet to 950 square feet with a minimum of 70% of the two-bedroom units having no less than 1,100 square feet. It also eliminates the requirement for a pool as part of a condominium

3

development, and further provides that developments with 50 or more units are required to include a clubhouse with a minimum size of 1,000 square feet and at least 17 square feet per unit. The standards adopted by Ordinance 2020-5 for condominium developments are appropriate for a Regional Growth Area and have no effect on its residential development potential. Therefore, Ordinance 2020-5 is consistent with the land use and development standards of the Comprehensive Management Plan. This standard for certification is met.

3. Requirement for Certificate of Filing and Content of Development Applications Not applicable.

4. Requirement for Municipal Review and Action on All Development Not applicable.

5. Review and Action on Forestry Applications Not applicable.

6. Review of Local Permits Not applicable.

7. Requirement for Capital Improvement Program Not applicable.

8. Accommodation of Pinelands Development Credits N.J.A.C. 7:50-3.39(a)8 specifies that in order to be certified by the Commission, municipal land use ordinances must provide for sufficient residentially zoned property in the Regional Growth Area to be eligible for an increase in density to accommodate Pinelands Development Credits (PDCs) as provided for in N.J.A.C. 7:50-5.28(a)3. Barnegat Township previously established a permitted density of 15 units per acre for condominium developments in its C-N Zone, with the use of PDCs required for 25% of all units. Ordinance 2020-5 does not change the permitted density or residential development potential of Barnegat Township’s Regional Growth Area; however, it does exempt a small number of affordable housing units from the existing PDC requirement. Ordinance 2020-5 exempts those units made affordable to low- and moderate-income households, provided that such affordable units do not exceed 20% of the total proposed units. PDCs must still be purchased and redeemed for 25% of all market-rate units developed as part of a condominium development.

4

Based on the standards for condominium development previously adopted by Ordinance 2020-12 and certified by the Commission, a maximum of 148 units is permitted. Ordinance 2020-5 allows a maximum of 29 affordable units to be excluded from the calculation of a project’s PDC obligation. The remaining 119 market-rate units require the purchase and redemption of 30 rights (7.5 full Credits). Because the ordinance establishes no minimum affordable housing set-aside requirement, there is still the opportunity for use of up to 37 rights (9.25 full Credits) if a project were to be developed without any affordable housing units. While the 25 percent requirement for condominium developments in the C-N Zone is not as high a number as would be provided through the more traditional zoning approach where PDCs would account for 33 percent of the total number of permitted units, it is important to remember that the traditional base density/bonus density approach utilized throughout the Pinelands Area only provides an opportunity for the use of PDCs. There is no requirement under the traditional approach that any PDCs be used in any development project. Ordinance 2020-5 maintains the guarantee that PDCs will be purchased and redeemed as part of the approval of any condominium development within the C-N Zone, regardless of the density or number of units ultimately built. The exemption of affordable housing units results in a very small reduction in PDC potential (7 rights). Appropriate and sufficient opportunities for the use of PDCs remain in the C-N Zone and elsewhere in Barnegat’s Regional Growth Area. Therefore, this standard for certification is met.

9. Referral of Development Applications to Environmental Commission Not applicable.

10. General Conformance Requirements Ordinance 2020-5 is consistent with the standards and provisions of the Pinelands Comprehensive Management Plan. Therefore, this standard for certification is met.

11. Conformance with Energy Conservation Not applicable.

12. Conformance with the Federal Act Ordinance 2020-5 is consistent with the standards and provisions of the Pinelands Comprehensive Management Plan. No special issues exist relative to the Federal Act. Therefore, this standard for certification is met.

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13. Procedure to Resolve Intermunicipal Conflicts

The C-N Neighborhood Commercial Zone does not border any neighboring municipalities of Barnegat Township. As such, no intermunicipal conflicts are expected. Therefore, this standard for certification is met.

PUBLIC HEARING A public hearing to receive testimony concerning Barnegat Township’s application for certification of Ordinance 2020-5 was duly advertised, noticed and held on June 10, 2020 at 9:30 a.m. Ms. Grogan conducted the hearing, which was held remotely and broadcasted live on the Pinelands Commission’s public YouTube channel. The public was provided the opportunity to call-in during the public hearing to provide testimony. No testimony was received. Written comments on Ordinance 2020-5 were accepted through June 15, 2020. However, no written comments were received.

CONCLUSION Based on the Findings of Fact cited above, the Executive Director has concluded that Ordinance 2020-5, amending Chapter 55 (Land Use) of the Code of Barnegat Township, complies with the Comprehensive Management Plan standards for the certification of municipal master plans and land use ordinances. Accordingly, the Executive Director recommends that the Commission issue an order to certify Ordinance 2020-5 of Barnegat Township. SRG/DBL/CBA Attachment

RL/AC

RM

RH

C-N

RH

RL

RL/AC

Shoreline

RCRH

Compass

0 0.50.25Miles ¯

Barnegat TownshipNeighborhood Commercial (C-N) Zone

Executive Director's ReportBarnegat Ordinance 2020-5Exhibit 16/26/2020

Pinelands Management AreasRegional Growth Area Existing Zoning

Parcels

GA

RD

EN

ST

AT

EP

AR

KW

AY

W. B a y A v enue

P i n e l a n d s N ational R e s e rve

MEMORANDUM

To: Members of the Pinelands Commission

From: Susan R. Grogan

Director of Planning

Date: June 30, 2020

Subject: No Substantial Issue Findings

______________________________________________________________________________

During the past month, we reviewed five ordinance amendments that we found to raise no substantial

issues with respect to the standards of the Pinelands Comprehensive Management Plan. These

amendments were:

Egg Harbor City Ordinance 03-2020 - amends Chapter 170 (Land Use Development) of the City’s

Code by establishing Section 170-98, which provides exceptions to setback requirements for the

installation of handicap/wheelchair ramps on residential properties.

Egg Harbor City Ordinance 07-2020 - amends the Redevelopment Plan for the Tower Site

Rehabilitation Area, which will now be known as the Tower Site Redevelopment Area. Ordinance 07-

2020 expands permitted uses in the Redevelopment Area to include outpatient rehabilitation therapy and

medical day care centers and community residences for persons with head injuries. The Tower Site

Redevelopment Area is located within the Pinelands Town area of Egg Harbor City.

Manchester Township Ordinance 20-014 - amends Chapter 245 (Land Use and Development) of the

Township’s Code by establishing Section 245-95, Development Approvals. This new section sets forth

requirements for development approvals to include affordable housing opportunities through actual

construction, affordable housing development fees or a combination of both. The ordinance also

amends Section 245-99, Affordable Housing Development Fees, by exempting from affordable housing

development fees owner-occupied, single-family dwelling units when newly constructed by the owner

of the lot for their own occupation or when an existing structure is either demolished and replaced or

expanded.

Ocean Township Ordinance 2020-6 - amends Chapter 410 (Zoning) of the Township’s Code by

revising the definition of Building Height to limit non-residential properties to a maximum height of 35

feet and 2.5 stories. The ordinance also modifies bulk standards for accessory buildings in waterfront

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zones as well as setback requirements for tool and utility sheds in both waterfront and non-waterfront

zones.

City of Vineland Ordinance 2020-16 - amends Chapter 425 (Land Use) of the City’s Code by

establishing Article XXVIII, Alternative Energy Systems. The article includes definitions and standards

for solar heating and electricity generation, as well as provisions for abandonment and removal of such

systems. The ordinance permits solar heating and net metered electricity generation as a permitted

accessory uses and structure to any principal building in the municipality. The ordinance also provides

standards specific to roof-mounted systems and ground-mounted systems.

new jersey pinelands commission meeting agenda 9:30 … meeting … · a public hearing to receive...

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