new jersey pinelands commission meeting agenda …

NEW JERSEY PINELANDS COMMISSION MEETING AGENDA Friday, June 12, 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 Remembering Commissioner Candace McKee Ashmun

2. Adoption of Minutes

May 8, 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. 1989-0023.015 - Joseph J. White, Inc. Planting of nine acres with native grasses and forbs for wildlife management Pemberton Township

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

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• Resolution Approving With Conditions (1) Application for Public Development: Application No. 2000-0088.006 - Hammonton Board of Education Installation of two synthetic turf athletic fields at Hammonton High School Hammonton Town

• Resolution Approving With Conditions (1) Application for Public Development:

Application No. 2007-0304.001 - Dennis Township Construction of a municipal recreation facility Dennis Township

B. Planning Matters

Municipal Master Plans and Ordinances

• None

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. 1986-1408.012 – Woodbine Municipal Utilities Authority Improvements to an existing potable water treatment facility Woodbine Borough

Application No. 2003-0530.012 – GEH Solar 1, LLC Installation of a 20,445 square foot ground mounted accessory solar energy facility at the Cedar Creek High School. Egg Harbor City

Application No. 2020-0085.001 – Egg Harbor Township Municipal Utilities Authority Installation of 1,675 linear feet of sanitary sewer main within the Delilah Road right-of-way Egg Harbor Township

B. Waivers of Strict Compliance

None 6. Master Plans and Ordinances Not Requiring Commission Action

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

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7. Other Resolutions

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)

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

8. General Public Comment 9. 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.) 10. 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/. The agendas are also posted and can be viewed at the Pinelands Commission Offices, 15 Springfield Road, New Lisbon, New Jersey or for more information on agenda details, e-mail the Public Programs Office at [email protected] or call (609) 894-7300.

Upcoming Meetings

Fri., June 26, 2020 Policy & Implementation Committee Meeting (9:30 a.m.) Fri., July 10, 2020 Pinelands Commission Meeting (9:30 a.m.)

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

mailto:[email protected]


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PINELANDS COMMISSION MEETING Richard J. Sullivan Center

Terrence D. Moore Conference Room 15 Springfield Road

New Lisbon, New Jersey

MINUTES

May 8, 2020

The May 8, 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., Sean Earlen, Jordan P. Howell, Jerome H. Irick, Jane Jannarone, Ed Lloyd, Mark Lohbauer, William Pikolycky 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 Candace M. Ashmun, Daniel Christy, D’Arcy Rohan Green and Gary Quinn. Chairman Prickett called the meeting to order at 9:34 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. Minutes Chairman Prickett presented the minutes from the Commission’s March 13, 2020 meeting. Commissioner Lohbauer moved the adoption of the minutes. Commissioner Jannarone seconded the motion.

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The minutes from the March 13, 2020 Commission meeting were adopted by a vote of 9 to 0. Policy and Implementation Committee Meeting Chairman Prickett provided an update on the April 24, 2020 Policy and Implementation Committee: The Committee adopted the minutes of the February 28, 2020 meeting (open and closed session). The Committee received a presentation and recommended Commission approval of an extension of the Garden State Parkway Secondary Impacts Agreement for Exit 44 with Atlantic County for acquisition of additional lands to meet the County’s obligation. The Committee reviewed draft CMP amendments related to coordinated permitting. These “gap” rules would establish the application process for infrastructure projects that do not receive municipal approvals. Committee members expressed interest in revising public notice, comment and hearing procedures. The Committee will have further discussions at its next meeting and requested that the Commission’s DAG be present. The Committee met in closed session to discuss a litigation matter. Executive Director’s Report ED Wittenberg provided an update on the following items:

• Commission employees have been working from home since the middle of March; all work is being completed remotely; including pre-application meetings, processing of applications and discussions with Pinelands towns.

• A new accounting firm, Smolin, Lupin & Co. will prepare the financial statements and assist with certain accounting services. The Office of Legislative Services is ready to begin the Fiscal Year 2019 Audit.

• Staff has been monitoring each Covid-19 related Executive Order and how it relates to the Commission. Staff is closely watching Senate Bill S2350 which allows for the furlough of certain state employees.

• Staff participated in a call with the New Jersey Department of Environmental Protection (NJDEP) regarding an off-shore wind project in the Pinelands National Reserve.

• Staff continues to work on the grant application for the painting of Fenwick Manor which is due the beginning of June. As part of that application, staff had to get permission from the Department of Treasury as part of the application because the Department owns the building. The Commission voted on the resolution to apply for that grant in March.

• Staff is beginning to work on the FY 21 budget. Application fees for FY 20 are significantly under the anticipated amount.

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Chairman Prickett asked about the National Park Service grants which fund the science office projects. Business Manager, Jessica Lynch said the money is located in a federal account and the money is drawn down. Chairman Prickett asked if the budget would have impacts on painting Fenwick Manor. ED Wittenberg said money has been budgeted to paint Fenwick Manor. Susan R. Grogan, Director of Planning added that the only adjustment to the grant application has been the extension of the deadline to June 4th. Commissioner Avery requested that as part of the upcoming budget, staff analyze the potential for application fees in relation to the amount of vacant land remaining in the Regional Growth Areas. He added that the Commission needs to re-evaluate the way it does application fee projections going forward so that we will have better estimates to include in the budget.

Director Grogan provided an update on the following Planning activities:

• The Pine Barrens Scenic Byway national designation application was submitted to the Commission’s state contact at the Department of Transportation. She noted that it was an extensive application and took many staff members to complete. She said the application will undergo some fine-tuning before a revised application is submitted. Many letters of support were received including letters from the Pinelands Municipal Council, New Jersey Conservation Foundation, South Jersey Chamber of Commerce and the U.S. Biosphere Network.

• Activity in municipalities has been slow, and that has allowed staff to focus on other initiatives, including rulemaking. She said the NJDEP adopted new stormwater rules in early March. Staff is currently reviewing the rules to determine how it affects the Commission’s stormwater rules. Staff is also reviewing the draft rules to implement Kirkwood-Cohansey water supply recommendations.

• Staff had a conference call with the Infrastructure Bank, NJDEP and municipal officials from Monroe Township regarding a project to which Pinelands Infrastructure Trust Fund monies were allocated.

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

• Staff held a conference call with an applicant interested in installing a 29-acre solar facility on the closed and capped Big Hill landfill in Southampton Township.

• Staff held a conference call with Manchester Township to discuss placing solar on its closed landfill. The Planning Office participated in the call to discuss Manchester’s Redevelopment Plan.

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• Staff held a pre-application conference with a contract purchaser of Atco Raceway to discuss the potential change use of the raceway to an automobile storage and auction facility. The applicant anticipates submitting an application to the Commission in June.

• Staff had a conference call with the NJDEP about converting the former Green Bank School in Washington Township into NJDEP offices. The school is currently served by an onsite septic system. An approach to meet the groundwater quality standards was discussed.

• Staff participated in a conference call with Monroe Township officials regarding a reconfiguration of an existing firehouse.

• Staff had a conference call with Jersey Central Power & Light, Public Service Electric & Gas and Atlantic City Electric regarding their interest to use herbicides on select portions of the rights-of way (ROW).

Chairman Prickett asked about the status of the clearing that occurred at Atco Raceway. Director Horner said approximately 17 acres at the raceway were cleared for an agricultural use several years ago. He said there was a rumor that the cleared area was actually for additional parking at the raceway. To date, an agricultural use has never been established and the area has not been reforested. During, the pre-application meeting, the contract purchaser said that there was a plan to reforest the area. Commissioner Avery said staff may want to evaluate the benefit of creating a managed grassland in the cleared area rather than reforesting it. Commissioner Lohbauer asked if Director Horner could provide additional information about the utilities’ interest in using herbicides. Director Horner said the utilities have expressed an interest in using herbicides on and off for the last decade. He said the Comprehensive Management Plan (CMP) prohibits the use of herbicide in ROWs. He added that the utilities advised that they would like to selectively use herbicides as a safety measure for personnel and to reduce the impacts to soil. He said the Executive Director asked the utilities to provide additional information about what type of herbicide they are considering using, how often it would be applied and where it would be applied. Paul Leakan, Communications Officer, said his office has sought to make the most out of the past two months by doing some important housekeeping, while expanding our ability to raise awareness and appreciation of the Pinelands and the Pinelands Commission’s work. Work completed includes a comprehensive review of hundreds of pages on the Commission’s website, updating information where possible, adding photos and videos and testing every link. Three educational videos were created and posted on the website, including an overview of the Commission, one that highlights the success of the Pinelands Conservation Fund and one that focuses on timber rattlesnakes. All have been shared with the public. Also created were 10 educational, Pinelands-themed puzzles that can be accessed on the Commission’s website and Facebook page. They will become part of a new

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Junior Pinelands Naturalist Program that is being developed. A new Instagram account has also been created. Staff is planning for educational webinars since both the March and summer editions of the Pinelands Short Course were cancelled. Chairman Prickett said the NJDEP recently announced a number of New Jersey waterways had been upgraded to Category One. He asked if it affected Pinelands water classifications in any way. Stacey Roth, Chief of Legal and Legislative Affairs said that all Pinelands waters are already classified as PL-1 waters and there is no higher level of protection. She added that deadline for filing Financial Disclosure Statements has been extended by Executive Order, with a new deadline of July 31, 2020. Public Development Projects and Other Permit Matters

Chairman Prickett presented a resolution for the demolition of a single family dwelling in Buena Vista Township. Commissioner Pikolycky made a motion Approving With Conditions an Application for Public Development (Application Number 2009-0089.002) (See Resolution # PC4-20-12). Commissioner Lohbauer seconded the motion. Director Horner said this application is for the demolition of a single family dwelling. He noted that the Township requested that the Executive Director authorize an emergency approval and because the structure was a public safety hazard, the approval was granted. He said to date, the house has not been demolished. The Commission received one public comment related to redevelopment which staff found irrelevant to the application. He said the application meets all the standards of the CMP. A picture of the dwelling was shared on the screen (See attached photo). He said the Cultural Resource Planner found no evidence of cultural significance at the site, including the dwelling. Commissioner Lohbauer said at the last Commission meeting the commenter requested that the DAG provide legal advice on this application. He asked if that had been done. DAG Miles said as an employee of the Division of Law, she is statutorily restricted from providing anyone other than state agencies, boards and commissions with legal advice. She noted that she passed Mark Demitroff’s comments on to the Attorney General’s citizen services offices. Ms. Roth said that Mr. Demitroff’s comments regarding the Local Redevelopment and Housing Law N.J.S.A. 40A:12A-1 are not pertinent to the application that is before the Commission, which seeks authorization to demolish a single family dwelling owned by the municipality that is presenting an imminent threat to public safety. The Commission adopted the resolution by a vote of 9 to 0.

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Chairman Prickett presented a resolution recommending approval of a Waiver of Strict Compliance for the development of one single family dwelling in Jackson Township. Commissioner Lohbauer made a motion Approving With Conditions an Application for a Waiver of Strict Compliance (Application Number 1983-5274.003) See Resolution # PC4-20-13). Commissioner Jannarone seconded the motion. Director Horner said the applicant is a seeking a waiver from the minimum buffer to wetlands and the minimum depth to the season high water table of five feet standards. Chairman Prickett said he was pleased that the applicant is required to use an alternate design septic system and a crushed stone driveway. 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. Ordinances Not Requiring Commission Action Chairman Prickett read the list of ordinances not requiring Commission action. No questions were raised.

Berkeley Township Ordinance 2019-15-OAB Hamilton Township Ordinance 1923-2020 Town of Hammonton Ordinance 013-2019

Other Resolutions Chairman Prickett presented a resolution to extend the time frame for Atlantic County to complete its acquisition of lands associated with the expansion of Exit 44 on the Garden State Parkway. Commissioner Lloyd made a motion Authorizing the Executive Director to Execute an Extension of the Time Period for Atlantic County to Acquire the Remaining Acreage to Complete its Obligations Under the Secondary Impacts Agreement for Interchange 44 of the Garden State Parkway (See Resolution # PC4-20-14). Commissioner Irick seconded the motion. Ms. Roth said that the Commission entered into a Secondary Impacts Agreement with Atlantic County in 2014 when the New Jersey Turnpike Authority completed Interchange 44 on the Garden State Parkway, the Pomona Road exit. She said expansion of existing interchanges are permitted in the Parkway Overlay District so long as the development does not result in secondary impacts, i.e. the development does not induce changes in the location, pattern or intensity of land use that would be inconsistent with the existing

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Pinelands management program as implemented through Commission certified municipal master plans and land use ordinances. Ms. Roth said staff determined there would be secondary impacts associated with the Interchange 44 project, because of likely pressure to change the existing zoning within 1.5 miles of the development. She said the County has been diligently acquiring land in the Tier 1 area (within 1.5 miles of Interchange 44) and to date has purchased 327 acres. Ms. Roth displayed a map showing the 3 Tiers in which the County could have memorialized the current zoning and satisfied its obligation under the agreement and another map depicting the parcels that have been acquired by the County through August 2019 (See attached maps). The County had requested an 18-month extension to complete its obligation under the agreement, 29 acres, of which the County is currently working on the acquisition of 15 acres. The Agreement authorizes an extension in order to afford the County additional time to complete its obligation to memorialize current zoning with a demonstration that such obligation would be completed within the extension period. Ms. Roth noted that although the Agreement contains a provision which would allow the County to pay a non-profit, governmental entity or college/university fair market value of the acreage for which memorialization of zoning was still required to acquire PDCs or undertake a water quality improvement project, given the County’s diligence, its acquisition of the lands in fee, rather than just memorializing current zoning through an easement or other legal vehicle, and the small amount of acreage left to be addressed, staff was recommending that the extension be granted. She added that due to the pandemic, rather than the 18 months requested by the County, staff was recommending a two-year extension of the acquisition deadline under the Secondary Impact’s Agreement. Chairman Prickett asked if the County has plans for the acquired land. Director Grogan said the County has inquired about the possibility of using a portion of the properties for low intensity recreation for public use. Commissioner Lohbauer said he was in favor of granting the two-year extension. Chairman Prickett said he was also in support of the extension. The Commission adopted the resolution by a vote of 9 to 0. Chairman Prickett presented a resolution to approve the Commission’s 2019 Annual Report. Commissioner Lloyd made a motion To Approve the Pinelands Commission’s 2019 Annual Report (See Resolution # PC4-20-15). Commissioner Lohbauer seconded the motion. ED Wittenberg said the report highlights the work the Commission completed in 2019.

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Mr. Leakan added that it’s nice to have one document to summarize what the Commission accomplished during a specific time period. He said the Commission’s Annual Reports are also an important source of information that is used during the Plan Review process. The Commission adopted the resolution by a vote of 9 to 0. General Public Comment

Fred Akers of the Great Egg Harbor Watershed Association said the National Wild and Scenic river designations defer to state water quality standards. He said that the Pinelands waters are afforded equivalent protection to C1 waters in the rest of State, with 300 foot buffers required. Adjournment Commissioner Lohbauer moved to adjourn the meeting. Commissioner Earlen seconded the motion. The Commission agreed to adjourn at 10:52 a.m.

Certified as true and correct:

_________________________________ Date: May 21, 2020 Jessica Noble, Executive Assistant

RESOLUTION OF THE NEW JERSEY PINELANDS COMMISSION

NO. PC4-20- 12

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

2009-0089.002)

Commissioner Pikolycky moves and Commissioner Lohbauer

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:

2009-0089.002

Applicant: Buena Vista Township

Municipality: Buena Vista Township

Management Area: Pinelands Village

Date of Report: March 13, 2020

Proposed Development: Demolition of a single family dwelling, 50 years old or older.

WHEREAS, after Pinelands Commission issuance on March 13, 2020 of the Public Development

Application Report for this application, the April 3, 2020 Pinelands Commission monthly meeting when

this application was scheduled to be acted on was canceled due to the pandemic health emergency; and

WHEREAS, on March 18, 2020, the Pinelands Commission received a written request from the

applicant indicating that since the April 3, 2020 Pinelands Commission meeting was canceled, the

applicant was requesting emergency authorization to demolish the single family dwelling subject of this

application because it was in imminent danger of collapse and created a public safety issue; and

WHEREAS, by email dated March 18, 2020, the Executive Director notified the applicant that, after

consultation with Commission Chair, the applicant’s request to immediately demolish the single family

dwelling subject of this application was authorized in accordance with the provision in the Pinelands

Comprehensive Management Plan (N.J.A.C. 7:50-4.5) that authorizes the Executive Director to perform

whatever action is minimally necessary to remedy a danger to public safety; and

WHEREAS, it remains necessary for the Pinelands Commission to act on this after-the-fact application;

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.

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NOW, THEREFORE BE IT RESOLVED that Application Number 2009-0089.002 for public

development is hereby approved subject to the conditions recommended by the Executive Director.

Record of Commission Votes

AYE NAY NP A/R* AYE NAY NP A/R* AYE NAY NP A/R*

Ashmun X Irick X Quinn X Avery X Jannarone X Rohan Green X

Christy X Lloyd X Prickett X Earlen X Lohbauer X

Howell X Pikolycky X *A = Abstained / R = Recused

Adopted at a meeting of the Pinelands Commission Date: May 8, 2020

Nancy Wittenberg Richard Prickett

Executive Director Chairman

March 13, 2020

Teresa Kelly, Mayor (via email)

Buena Vista Township

890 Harding Highway

P.O. Box 605

Buena, NJ 08310

Re: Application # 2009-0089.002

Block 4527, Lot 5


Dear Mayor Kelly:

The Commission staff has completed its review of this application for demolition of a single family

dwelling, 50 years old or older. 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 April 3, 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 (3): Appeal Procedure

March 13, 2020 public comment letter

February 7, 2020 Commission letter

c: Secretary, Buena Vista Township Planning Board (via email)

Buena Vista Township Construction Code Official (via email)

Buena Vista Township Environmental Commission (via email)

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

David Scheidegg, PE, PP (via email)

Mark Demitroff (via email)

PUBLIC DEVELOPMENT APPLICATION REPORT

March 13, 2020

Teresa Kelly, Mayor (via email)


890 Harding Highway

P.O. Box 605

Buena, NJ 08310

Application No.: 2009-0089.002

Block 4527, Lot 5


This application proposes demolition of a single family dwelling, 50 years old or older, located on the

above referenced 5.88 acre parcel in Buena Vista Township.

STANDARDS

The Commission staff has reviewed the proposed demolition 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. 7:50-5.27(a))

The parcel is located in the Pinelands Village of Richland. The demolition of a single family dwelling is

permitted in the Pinelands Area.

Cultural Resource Standards (N.J.A.C. 7:50-6.151)

The evidence of cultural activity on the parcel, including the existing dwelling, lacks any potential for

designation as a historic resource. Based upon this determination, a cultural resource survey was not

required.

PUBLIC COMMENT

The CMP defines the proposed demolition as “minor” development. The CMP does not require public

notice for minor public development applications. The application was designated as complete on the

Commission’s website on March 3, 2020. The Commission’s public comment period closed on March

13, 2020. A letter (attached) dated March 13, 2020 providing written public comment on the application

was submitted at the Commission’s March 13, 2020 meeting. Oral public comment from the letter

writer summarizing the comments provided in that letter was also provided at the Commission’s March

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13, 2020 meeting.

Public Comment: The submitted public comment expresses concerns regarding the relationship

between the demolition of the dwelling proposed in this application, the

regulation contained in the Pinelands Comprehensive Management Plan and the

New Jersey Local Redevelopment and Housing Law.

Staff Response: The Commission appreciates the commenter’s interest in the Pinelands Area. The

Commission staff has reviewed the proposed demolition of the dwelling for

consistency with all regulations contained in the Pinelands Comprehensive

Management Plan. Based upon that review, it is the Commission staff’s opinion

that the proposed demolition is consistent with all regulations contained in the

Pinelands Comprehensive Management Plan. The Commission staff believes that

commenter’s concerns are separate and apart from the regulations administered by

the Pinelands Commission. Attached please find a letter dated February 7, 2020

that the Commission staff previously sent to the commenter regarding the

relationship between municipal Redevelopment Plans in the Pinelands Area and

the Pinelands Comprehensive Management Plan.

CONDITIONS

1. Disposal of any debris may only occur at an appropriately licensed facility.

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

approvals.

3. Reconstruction of a single family dwelling, within five years of its demolition, does not

require an application to the Pinelands Commission.

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 demolition 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 March 31, 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.



Ashmun X Irick X Quinn X Avery X Jannarone X Rohan Green X

Christy X Lloyd X Prickett X Earlen X Lohbauer X

Howell X Pikolycky X *A = Abstained / R = Recused





NO. PC4-20-13

TITLE: Approving With Conditions an Application for a Waiver of Strict Compliance (Application

Number 1983-5274.003)

Commissioner Lohbauer moves and Commissioner Jannarone


WHEREAS, the Pinelands Commission has reviewed each of the Findings of Fact, Conclusion and the

recommendation of the Executive Director that the following application for Waiver of Strict

Compliance be approved with conditions:

1983-5274.003

Applicant: Phil Kornbluth

Municipality: Jackson Township

Management Area: Pinelands Regional Growth Area

Date of Report: March 13, 2020

Proposed Development: Single family dwelling.



WHEREAS, the Pinelands Commission hereby adopts the Findings of Fact and Conclusion of the

Executive Director for the requested Waiver of Strict Compliance; and

WHEREAS, the Pinelands Commission hereby determines that the requested Waiver conforms to the

standards for approving an application for a Waiver of Strict Compliance based on extraordinary

hardship as set forth in N.J.A.C 7:50-4.62, N.J.A.C. 7:50-4.63 and N.J.A.C. 7:50-4.65 if the conditions

recommended by the Executive Director are imposed; and






NOW, THEREFORE BE IT RESOLVED that Application Number 1983-5274.003 for a Waiver of

Strict Compliance is hereby approved subject to the conditions recommended by the Executive

Director.

REPORT ON AN APPLICATION FOR A WAIVER OF STRICT COMPLIANCE

March 13, 2020

Phil Kornbluth

5 Benner Court

Bridgewater, NJ 08807


Block 20601, Lots 17 & 18

Jackson Township

Dear Mr. Kornbluth:

The Commission staff has completed its review of the above referenced application for a Waiver of

Strict Compliance (Waiver) proposing the development of a single family dwelling on the above

referenced parcel. Based upon the facts and conclusions contained in this Report, on behalf of the

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

application with conditions at its April 3, 2020 meeting.

FINDINGS OF FACT

This application is for the development of a single family dwelling serviced by an individual on-site

septic waste water treatment system on the above referenced 1.07 acre parcel in Jackson Township. The

parcel is located within a Pinelands Regional Growth Area and in Jackson Township’s RG-2 zoning

district. In this zoning district, Jackson Township’s certified land use ordinances establishes a residential

density requirement of 1.0 acre to develop a single family dwelling unit that is serviced by an individual

on-site waste water treatment system.

On June 6, 1983, the Pinelands Commission denied an application (App. No. 1983-5274.001) for a

Waiver to develop five single family dwellings, one each, on old Block 59, Lots 2, 2A, 2B, 55C and

55D. Those five lots were subsequently consolidated into three lots now known as Block 20501, Lot 2

and Block 20601, Lots 17 and 18. On March 2, 1992, certain amendments to the Waiver regulations

contained in the Pinelands Comprehensive Management Plan (CMP) became effective. One of those

amendments eliminated the requirement to attempt to purchase vacant adjacent land as part of a Waiver

application if the parcel subject of the Waiver application met certain minimum standards. The current

application proposes to develop one single family dwelling on combined 0.55 acre Block 20601, Lot 17

and 0.52 acre Block 20601, Lot 18.

The parcel has been site inspected by a member of the Commission’s staff. Additionally, the appropriate

resource capability maps and data available to the staff have been reviewed.

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A portion of the parcel is wetlands as defined in the CMP (N.J.A.C. 7:50-6.5(a)2). The wetlands

continue onto adjacent lands. Any development of the parcel would be located within 300 feet of these

wetlands. The applicant has submitted no information to demonstrate that the proposed development

would not cause a significant adverse impact on the wetlands. Based on the quality and location of the

wetlands, the proposed development will cause a significant adverse impact on the wetlands. As there

will be a significant adverse impact on wetlands located within 300 feet of the proposed development,

the applicant is requesting a Waiver from the buffer to wetlands standard contained in the CMP

(N.J.A.C. 7:50-6.14).

The CMP (N.J.A.C. 7:50-4.65(b)6) requires that, to qualify for a Waiver to develop a single family

dwelling in a Pinelands Regional Growth Area, it must be demonstrated that no development, including

clearing and land disturbance, will be located on wetlands. The applicant has demonstrated that no

development, including clearing and land disturbance, will be located on wetlands.

The Ocean County Soils Survey indicates that there are Downer, Galloway and Mullica soils on this

parcel. A site inspection and soil borings taken at the highest topographic elevation on the parcel

indicates that the soils on the parcel have a seasonal high water table of less than five feet below the

natural ground surface. The applicant has submitted no information to demonstrate that the septic system

could be located in an area on the parcel where the seasonal high water table is at least 5 feet below the

natural ground surface. Since the available information indicates the seasonal high water table on the

parcel is less than 5 feet below the natural ground surface, the applicant is requesting a Waiver from the

seasonal high water table standard contained in the CMP (N.J.A.C. 7:50- 6.84(a)5vi.).

The CMP (N.J.A.C. 7:50-4.65(b)8) requires that for an applicant to qualify for a Waiver to develop a

single family dwelling in a Pinelands Regional Growth Area, it must be demonstrated that a septic

system could be located in an area on the parcel where the seasonal high water table is at least 2 feet

below the natural ground surface and not within 50 feet of any surface water body. The applicant has

demonstrated that a proposed septic system could be located in an area on the parcel where the seasonal

high water table is at least 2 feet below the natural ground surface and not within 50 feet of any surface

water body.

The parcel includes all contiguous land in common ownership on or after January 14, 1981. The

proposed single family dwelling will be the sole principal use of the parcel. The development of a single

family dwelling on the parcel will not require any lot area or residential density variances pursuant to

Jackson Township’s certified land use ordinances.

The development of a single family dwelling on the parcel will be consistent with the purposes and

provisions of the Pinelands Protection Act, the Federal Act and the CMP. A single family dwelling can

be developed on the parcel without violating any of the substantial impairment and consistency criteria

contained in the CMP (N.J.A.C. 7:50-4.65).

Only if the parcel is developed in accordance with the conditions recommended below will the adverse

impacts on wetlands and groundwater quality be minimized.

3

PUBLIC COMMENT

The applicant provided the requisite public notice. Public notice to all property owners within 200 feet

of the parcel was completed on February 11, 2020. Newspaper public notice was completed on February

13, 2020. The application was designated as complete on the Commission’s website on March 3, 2020.

The Commission’s public comment period closed on March 13, 2020. No public comments were

received by the Commission regarding this application.

CONCLUSION

The CMP (N.J.A.C. 7:50-4.62) sets forth the standards which must be met before a Waiver can be

approved. The CMP (N.J.A.C. 7:50-4.62(a)) requires that for a Waiver application to be approved based

on extraordinary hardship, the applicant must demonstrate that the conditions of either N.J.A.C. 7:50-

4.63(a) or (b) have been met. N.J.A.C. 7:50-4.63(a) sets forth five conditions which must be met for an

applicant to qualify for an extraordinary hardship pursuant to that subsection.

The first condition is that the only relief sought is from one or more of the standards contained in the

CMP (N.J.A.C. 7:50-6) for certain specified types of development. One of the specified types of

development is a single family dwelling on a parcel within a Pinelands Regional Growth Area which is

at least 20,000 square feet, excluding road rights of way, in size and is not served by a centralized

wastewater treatment system. This application is for a Waiver from the wetlands buffer standard and

minimum depth to seasonal high water table standard when utilizing and an onsite septic system

contained in N.J.A.C. 7:50-6. The applicant is proposing to develop a single family dwelling serviced by

an individual on-site waste water treatment system on a 1.07 acre (46,609 square foot) parcel. The parcel

contains more than 20,000 square feet, excluding road rights-of-way, and is located in a Pinelands

Regional Growth Area. As a result, the applicant meets the criteria set forth in N.J.A.C. 7:50-4.63(a)1v.

The second condition is that the parcel includes all contiguous land in common ownership on or after

January 14, 1981, including lands which are contiguous as a result of ownership of other contiguous

lands. Since the parcel includes all such contiguous land, the applicant meets the criteria set forth in

N.J.A.C. 7:50-4.63(a)2.

The third condition is that the proposed use will be the sole principal use on the entire contiguous parcel,

except as expressly provided in N.J.A.C. 7:50-5.1(c). As the proposed single family dwelling will be the

sole principal use on the parcel, the applicant meets the criteria set forth in N.J.A.C. 7:50-4.63(a)3.

The fourth condition is that all necessary municipal lot area and density variances have been obtained if

the parcel is located in a municipality whose master plan and land use ordinances have been certified by

the Pinelands Commission. Jackson Township’s master plan and land use ordinances have been certified

by the Pinelands Commission. The development of a single family dwelling on this 1.07 acre lot

serviced by an individual on-site waste water treatment system does not require a municipal lot area or

density variance. As a result, the applicant meets the criteria set forth in N.J.A.C. 7:50-4.63(a)4.

The fifth condition is that the development of the parcel will not violate any of the criteria contained in

N.J.A.C 7:50-4.65(b). N.J.A.C. 7:50-4.65(a) precludes the granting of a Waiver which permits a parcel

to be developed unless such development will be consistent with the purposes and provisions of the

Pinelands Protection Act, the Federal Act and the CMP and will not result in a substantial impairment of

the resources of the Pinelands Area. The N.J.A.C. 7:50-4.65(b) sets forth the circumstances which do

not comply with N.J.A.C. 7:50-4.65(a). With the conditions recommended below, the proposed

4

development will not violate any of the circumstances contained in N.J.A.C. 7:50-4.65(b). As a result,

the applicant meets the criteria set forth in N.J.A.C. 7:50-4.63(a)5.

Since the applicant meets all the conditions set forth in N.J.A.C. 7:50-4.63(a), the applicant has

demonstrated that an extraordinary hardship exists pursuant to N.J.A.C. 7:50-4.62(a).

As required by N.J.A.C. 7:50-4.62(b), the proposed dwelling will not result in substantial impairment of

the resources of the Pinelands or be inconsistent with the provisions of the Pinelands Protection Act, the

Federal Act or the CMP in accordance with the criteria set forth in N.J.A.C. 7:50-4.65.

As required by N.J.A.C. 7:50-4.62(c), and with the conditions recommended below, the proposed

dwelling will not involve trespass or create a public or private nuisance by being materially detrimental

or injurious to other property or improvements in the area in which the parcel is located, increase the

danger of fire or endanger public safety.

The CMP (N.J.A.C. 7:50-4.62(d)) requires that the Waiver only grant the minimum relief necessary to

relieve the extraordinary hardship. The proposed single family dwelling is the minimum relief necessary

to relieve the extraordinary hardship which has been shown to exist.

The CMP (N.J.A.C. 7:50-4.62(d)1iii) requires the acquisition and redemption of 0.25 Pinelands

Development Credits (PDCs) whenever a Waiver provides relief from one or more of the standards of

N.J.A.C. 7:50-6. As the applicant is obtaining a Waiver from the wetlands buffer and groundwater

quality standards (N.J.A.C. 7:50-6.84(a)5vi.), a condition is included to require the applicant to purchase

the requisite 0.25 PDCs.

To meet the requirements of N.J.A.C. 7:50-4.62, N.J.A.C. 7:50-4.63(a) and N.J.A.C. 7:50-4.65, the

Pinelands Commission staff has determined that the parcel must be developed in accordance with the

following conditions:

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

Potential Development Plan, prepared by WJH Engineering, dated 7/27/2018 and revised to

1/6/2020.

2. To maintain the maximum feasible buffer to wetlands, all proposed development, including

clearing and land disturbance, shall be located at least 50 feet from all wetlands and be located in

the northwest corner of the parcel.

3. The septic system must be located in an area where the seasonal high water table is at least two

feet below the natural ground surface.

4. The proposed dwelling must utilize an alternate design onsite wastewater treatment system

authorized pursuant to the CMP on a 1.0 acre lot and approved for use by the Pinelands

Commission and the New Jersey Department of Environmental Protection.

5. Appropriate measures shall be taken during construction to preclude sedimentation from entering

wetlands.

6. Sufficient drywells or comparable alternative shall be installed to contain all stormwater runoff

from the house.

5

7. The driveway shall be constructed of crushed stone or comparable material.

8. Except as provided in N.J.A.C. 7:50-5.1(c), the single family dwelling approved herein shall be

the sole principal use of the parcel.

9. Prior to Commission issuance of a letter advising that any municipal or county permit or

approval may take effect, a copy of a recorded deed (or stamped, receipted deed filed for

recordation) consolidating Block 20601, Lots 17 and 18 into one lot must be submitted to the

Commission.

10. Prior to Commission issuance of a letter advising that any municipal or county permit or

approval may take effect, the Commission must receive a letter from the Pinelands Development

Credit Bank indicated that the requisite 0.25 PDCs have been acquired and submitted to the PDC

Bank for redemption.

11. This Waiver shall expire April 3, 2025 unless all necessary construction permits have been

issued by that date. The Waiver shall also expire if any construction permit is allowed to expire

or lapse after April 3, 2025 or if any renewal or extension of any permit or approval or issuance

of a new construction permit is necessary after that date.

12. Prior to completion of an application for the development of the dwelling, a copy of a recorded

deed containing all of the above conditions shall be submitted to the Pinelands Commission. The

deed shall specify that the conditions are being imposed pursuant to a March 13, 2020 Pinelands

Commission Report on an Application for a Waiver of Strict Compliance for App. No. 1983-

5274.003. The deed shall also indicate that the conditions are enforceable by the Pinelands

Commission, Jackson Township and any other party of interest.

With the above conditions, the applicant qualifies for a Waiver from the requirements of N.J.A.C. 7:50-

6.14 and 6.84(a)5vi.

Since the applicant meets the provisions of N.J.A.C. 7:50-4.62, N.J.A.C. 7:50-4.63(a) and N.J.A.C.

7:50-4.65 for the development of one single family dwelling on the parcel, it is recommended that the

Pinelands Commission APPROVE the requested Waiver of Strict Compliance subject to the above

conditions.

APPEAL

The CMP (N.J.A.C. 7:50-4.91) provides an interested party the right to appeal this recommendation 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


received by the Commission’s office no later than 5:00 PM on March 31, 2020 and include the

following information:



6





decision.

If no appeal is received, the Pinelands Commission may either approve the determination of the

Executive Director or refer the application to the New Jersey Office of Administrative Law for a

hearing.

Recommended for Approval by: ___________________________________________________

Charles M. Horner, P.P., Director of Regulatory Programs

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

Jackson Township Construction Code Official (via email)

Jackson Township Environmental Commission (via email)

Secretary, Ocean County Planning Board (via email)

Ocean County Health Department (via email)

Walter Joseph Hopkin, PE, PP, CME (via email)


NO. PC4-20- 14

TITLE: Resolution Authorizing the Executive Director to Execute an Extension of the Time Period for Atlantic County to

Acquire the Remaining Acreage to Complete its Obligations Under the Secondary Impacts Agreement for Interchange 44 of the Garden State Parkway

Commissioner Lloyd moves and Commissioner Irick seconds the motion that:

WHEREAS, on January 7, 2014, the Pinelands Commission (Commission) and Atlantic County (the County) entered into a Secondary Impacts Agreement (the Agreement) as a means of obviating the potential secondary impacts associated with the completion of Interchange 44 of the Garden State Parkway; and WHEREAS, this Agreement obligated the County to limit the development potential of parcels located within 1.5 miles of Interchange 44 (356 acres) within the Pinelands Area; and WHEREAS, the County had 3 years to obviate the secondary impacts within this 1.5 mile area, referred to in the Agreement as Tier 1; and WHEREAS, the Agreement afforded the County the opportunity to request an extension of the time period to complete its obligation to obviate secondary impacts from the Commission’s Executive Director for a period of up to 18 months with the submission of documentation demonstrating that completion of the task to obviate secondary impacts in Tier 1 was imminent and would be completed within the extended time period; and WHEREAS, the County has focused all of its efforts to obviate secondary impacts associated with the Interchange 44 project within Tier 1; and WHEREAS, on March 5, 2020, the County sent a letter advising that it had completed acquisition of 327 acres of lands within Tier 1 and would be closing on an additional 15 acres within the next thirty days; and WHEREAS, the County will need to identify and acquire only 14 additional acres to complete its obligations under the Agreement; and WHEREAS, the County has indicated that it is continuing its efforts to work with Galloway Township to acquire lands owned by the Township located in Tier 1; and WHEREAS, the County has requested an 18-month extension to complete its acquisition of the remaining 29 acres required by the Agreement; and WHEREAS, the Agreement contains a provision that requires the County to pay an amount equal to fair market value of any acreage that it fails to acquire within Tier 1 within six years from the effective date of the Agreement; i.e. January 7, 2020, to a non-profit, government entity or university or college to undertake the acquisition of Pinelands Development Credits from agricultural lands or other projects, including land acquisition, to improve water quality within the boundaries of Tiers 1 through 3 in Atlantic County; and WHEREAS, the Commission believes it is preferable to allow the County to complete its acquisition of the remaining 29 acres rather than having the County provide funds to a non-profit, governmental entity or university to complete the task for it, given the County’s diligent effort to date to complete its obligations under the Agreement; 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.

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

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

*A = Abstained / R = Recused


Nancy Wittenberg Richard Prickett Executive Director Chairman

2

NOW, THEREFORE BE IT RESOLVED that the Commission authorizes the Executive Director to execute an addendum to the Secondary Impacts Agreement granting the County another 24 months from January 7, 2020 to complete its acquisition of 29 acres within Tier 1.


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





NO. PC4-20- 15

TITLE: To Approve the Pinelands Commission’s 2019 Annual Report

Commissioner Lloyd moves and Commissioner Lohbauer seconds the motion that:

WHEREAS, in September 2006, then Governor Corzine issued Executive Order #37; and WHEREAS, Executive Order #37 called for the preparation and approval of a comprehensive report concerning the operations of each State authority; and WHEREAS, the report shall set forth the significant actions of the Commission; and WHEREAS, since the report is to be done on an annual basis and it includes much of the same information as the Commission's Annual Report, which is required by the Pinelands Protection Act, the two reports have been combined every year since 2007 as a cost savings measure to eliminate waste and promote efficiency as called for in Executive Order #37; 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. NOW, THEREFORE BE IT RESOLVED that the attached 2019 Annual Report be approved, submitted to the Governor's Authorities Unit and posted on the Commission's web site.

OFFICIAL COPY FROM FILENET - DO NOT RE-SCANOFFICIAL COPY FROM FILENET - DO NOT RE-SCAN



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:




NO. PC4-20-


1989-0023.015)

Commissioner moves and Commissioner





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.















May 19, 2020

Joe Darlington (via email)

Joseph J. White, Inc.

1 Pasadena Road

Browns Mills, NJ 08015


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.






Sincerely,



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)


May 19, 2020

Joe Darlington (via email)

Joseph J. White, Inc.

1 Pasadena Road

Browns Mills, NJ 08015


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



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.

2

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


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

above conditions.


APPEAL PROCEDURE







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

information:








decision.





Administrative Law.










NO. PC4-20-


2000-0088.006)






2000-0088.006

Applicant: Hammonton Board of Education

Municipality: Town of Hammonton

Management Area: Pinelands Town


Proposed Development: Installation of two synthetic turf athletic fields at Hammonton

High School















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-


2007-0304.001)






2007-0304.001

Applicant: Dennis Township

Municipality: Dennis Township

Management Area: Pinelands Village


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















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

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

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.

2


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

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 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

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.

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-

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)



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.









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.)


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





NO. PC4-20-

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 Budget

Commissioner moves and Commissioner 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.

MEMORANDUM

To: Members of the Pinelands Commission

From: Susan R. Grogan

Director of Planning

Date: May 29, 2020

Subject: No Substantial Issue Findings

______________________________________________________________________________

During the past month, we reviewed three ordinance amendments that we found to raise no substantial

issues with respect to the standards of the Pinelands Comprehensive Management Plan. These

amendments were:

Monroe Township Ordinance O:05-2020 – amends Chapter 175 (Land Management) of the

Township’s Code to provide that zoning permits issued by the Zoning Officer are valid for a period of

one year from issuance, with the option of a one-year extension.

Monroe Township Ordinance O:07-2020 - amends Chapter 175 (Land Management) of the

Township’s Code to provide additional standards for accessory buildings on “non-subdivision” parcels

with a lot size of three acres or more.

Shamong Township Ordinance 2020-3 - amends Chapter 110 (Land Development) of the Township’s

Code by establishing permitted accessory uses in the RD-1, RD-2, RD-3, and RD-4 Districts. These four

zoning districts are located in the Pinelands Rural Development Area.

new jersey pinelands commission meeting agenda …

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