All development in the Pinelands Area shall comply with the procedures set forth in this article in addition to all other regulations of this chapter. All development shall also comply with all of the standards of Chapter 160.
A.
The following terms shall apply to the Pinelands Area
of Evesham Township. In the event of a conflict between a definition
of Township-wide application and a Pinelands Area definition, the
Pinelands Area definition shall control in the Pinelands Area.
B.
APPROVAL AGENCY
CERTIFICATE OF FILING
COMMISSION
COMPREHENSIVE MANAGEMENT PLAN
DEVELOPMENT
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
DEVELOPMENT APPROVAL
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
PUBLIC DEVELOPMENT
As used in this article, the following terms shall
have the meanings indicated:
Any board, body or other authority within the Township with
authority to approve or disapprove subdivisions, site plans, construction
permits, zoning permits, building permits or other applications for
development approval.
A certificate issued by the Pinelands Commission pursuant
to N.J.A.C. 7:50-4.34 and 4.82 that a complete application for major
development has been filed.
The Pinelands Commission created pursuant to § 5
of the Pinelands Protection Act (N.J.S.A. 13:18A-5).
The plan adopted by the Commission pursuant to of the Pinelands
Protection Act, as amended (N.J.S.A. 13:18A-8).
The change of or enlargement of any use or disturbance of
any land, the performance of any building or mining operation, the
division of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or
material change in the external appearance of a structure or land;
A material increase in the intensity of use
of land, such as an increase in the number of businesses, manufacturing
establishments, offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling
or excavation on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or
fill on a parcel of land;
In connection with the use of land, the making
of any material change in noise levels, thermal conditions, or emissions
of waste material; and
Alteration, either physically or chemically,
of a shore, bank, or floodplain, seacoast, river, stream, lake, pond,
wetlands or artificial body of water.
Any approval granted by an approval agency, including appeals
to the governing body, except certificates of occupancy and variances,
pursuant to N.J.S.A. 40:55D-70 which do not otherwise include issuance
of a construction permit, subdivision or site plan approval or a change
of use.
Any division of land into five or more developable lots;
any construction or expansion of any housing development of five or
more dwelling units; any construction or expansion of any commercial
or industrial use or structure on a site of more than three acres;
or any grading, clearing or disturbance of an area in excess of 5,000
square feet except as elsewhere exempted from regulation herein.
All development other than major development.
Development, including subdivision, by any Township or other
governmental agency.
A.
No person shall carry out any development within the
Pinelands Area without obtaining approval from an approval agency
and without obtaining development approval in accordance with the
procedures set forth in this article.
B.
In addition to the other development review procedures
of the Township of Evesham set forth in this chapter, the Subdivision
Ordinance, the Site Plan Review Ordinance, and the Land Use Regulations
Ordinance,[1] all development located within the Pinelands Area shall comply with the procedures set forth in this article, except for the following and except as provided in Subsection C below:
(1)
The improvement, expansion, or reconstruction within
five years of destruction or demolition of any single-family dwelling
unit or appurtenance hereto;
(2)
The improvement, expansion, construction, or reconstruction
of any structure accessory to a single-family dwelling;
(3)
The improvement, expansion, construction, or reconstruction
of any lands or structure used exclusively for agricultural or horticultural
purposes;
(4)
The construction, repair or removal of any sign, except
for the construction or replacement of any off-site commercial advertising
sign;
(5)
The repair of existing utility distribution lines;
(6)
The clearing of less than 1,500 square feet of land;
(7)
The construction of any addition or accessory structure for any nonresidential
use or any multifamily residential structure provided that:
[Amended 3-19-2019 by Ord. No. 3-3-2019]
(a)
If the addition or structure will be located on or below an
existing impervious surface, either the existing use is served by
public sewers or the addition or structure will generate no wastewater
flows, and said addition or structure will cover an area of no more
than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below
an impervious surface, said addition or structure will generate no
wastewater flows and will cover an area of no more than 1,000 square
feet.
(8)
The demolition of any structure that is less than
50 years old;
(9)
The installation of utility distribution lines, except
for sewage lines, to serve areas which are effectively developed or
development which have received all necessary approvals and permits;
(10)
The repair or replacement of any existing on-site
wastewater disposal system;
(11)
The repaving of existing paved roads and other
paved surfaces, provided no increase in the paved width or area of
said roads and surfaces will occur;
[Amended 3-19-2019 by Ord. No. 3-3-2019]
(12)
The clearing of land solely for agricultural
or horticultural purposes;
[Amended 3-19-2019 by Ord. No. 3-3-2019]
(13)
Fences, provided no more than 1,500 square feet
of land is to be cleared;
(14)
Aboveground telephone equipment cabinets;
(15)
Tree pruning;
(16)
The following forestry activities:
(a)
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than
one cord of wood per five acres of land is harvested in any one year
and that no more than five cords of wood are harvested from the entire
parcel in any one year;
(c)
Tree planting, provided that the area to be
planted does not exceed five acres in any one year, no soil disturbance
occurs other than that caused by the planting activity and no trees
other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
and
(d)
Forest stand improvement designed to selectively
thin trees and brush, provided that no clearing or soil disturbance
occurs and that the total land area on the parcel in which the activity
occurs does not exceed five acres in any one year;
(17)
Prescribed burning and the clearing and maintaining
of fire breaks; or
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 3-19-2019 by Ord.
No. 3-3-2019]
(20)
The installation of a local communications facilities antenna
on an existing communications or other suitable structure, provided
such antenna is not inconsistent with any comprehensive plan for local
communications facilities approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c)6.
[Added 3-19-2019 by Ord.
No. 3-3-2019]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 3-19-2019 by Ord.
No. 3-3-2019]
(22)
The change of one nonresidential use to another nonresidential
use, provided that the existing and proposed uses are or will be served
by public sewers and no additional development is proposed.
[Added 3-19-2019 by Ord.
No. 3-3-2019]
C.
The exceptions contained in Subsection B above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing herein shall preclude any local or state agency
from reviewing, in accordance with the provisions of any applicable
ordinance or regulation, any proposed development which does not require
an application to the Pinelands Commission pursuant to this section.
A.
Applications for approval of minor development located
within the Pinelands Area shall be submitted with the following information,
in addition to that which may be required by other provisions of this
chapter or other ordinances:
(1)
The applicant's name and address and his interest
in the subject property;
(2)
The owner's name and address, if different from the
applicant's, and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation
and street address, if any, of the subject property;
(4)
A description of all existing uses of the subject
property;
(5)
A brief written statement generally describing the
proposed development;
(6)
A USGS quadragle map, or copy thereof, and a copy
of the Municipal Tax Map sheet on which the boundaries of the subject
property and the Pinelands management area designation and the zoning
designation are shown;
(7)
A plat or plan showing the location of all boundaries
of the subject property, the location of all proposed development,
and existing or proposed facilities to provide water for the use and
consumption of occupants of all buildings and sanitary facilities
which will serve the proposed development. The following information
shall be included with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: location, size,
type and capacity of any proposed on-site wastewater treatment facilities;
and
(b)
Soil borings and percolation tests: if on-site
sewage disposal is proposed, results of soil borings and percolation
tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations
adopted pursuant thereto, shall be submitted at suitable locations
with a tract map showing location, logs, elevations of all test holes,
indicating where groundwater was encountered, estimating the seasonal
high water table and demonstrating that such facility is adequate
to meet the water quality standards contained in this chapter.
(8)
A location map, including the area extending at least
300 feet beyond each boundary of the subject property, showing ownership
boundary lines, the boundary of the proposed development, owners of
holdings adjoining and adjacent to the subject property, existing
facilities, buildings and structures on the site, all proposed development,
wetlands, streams (including intermittent streams), rivers, lakes
and other water bodies and existing roads;
(9)
A soils map including a county soils survey which
conforms to the guidelines of the United States Department of Agriculture
Soil Conservation Service, showing the location of all proposed development;
(10)
A map showing existing vegetation, identifying
predominant vegetation types in the area, and showing proposed landscaping
of the subject property, including the location of the tree line before
and after development and all areas to be disturbed as a result of
the proposed development;
(11)
A certificate of filing from the Pinelands Commission
issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991,
evidence of prior approval from the Pinelands Development Review Board
or the Pinelands Commission pursuant to the Interim Rules and Regulations;
and
A.
All applications for major development, other than
forestry and resource extraction operations, shall be accompanied
by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the
following:
All applications for development approval shall
be referred to the Environmental Commission for review and comment.
[Amended 3-19-2019 by Ord. No. 3-3-2019]
A.
Application submission and modifications. Written notification shall
be given by the Township, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Township that an application for development in the Pinelands Area
is complete or if a determination is made by the administrative officer
that the application has been modified. Said notice shall contain:
(1)
The name and address of the applicant;
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
(3)
A brief description of the proposed development, including uses and
intensity of uses proposed;
(4)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued;
(5)
The date on which the application, or any change thereto, was filed
and any application number or other identifying number assigned to
the application by the approval agency;
(6)
The approval agency with which the application or change thereto
was filed;
(7)
The content of any change made to the application since it was filed
with the Commission, including a copy of any revised plans or reports;
and
(8)
The nature of the municipal approval or approvals being sought.
B.
Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission by
email, regular mail or delivery of the same to the principal office
of the Commission at least five days prior to such meeting, hearing
or other formal proceeding. Such notice shall contain at least the
following information:
(1)
The name and address of the applicant.
(2)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(3)
The date, time and location of the meeting, hearing or other formal
proceeding.
(4)
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding.
(5)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission.
(6)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
C.
Notice of approvals and denials. The Pinelands Commission shall be
notified of all approvals and denials of development in the Pinelands
Area, whether the approval occurs by action or inaction, by any approval
agency or an appeal of any agency's decision. The applicant shall,
within five days of the approval or denial, give notice by email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
(1)
The name and address of the applicant.
(2)
The legal description and street address, if any, of the parcel that
the applicant proposes to develop.
(3)
The application number of the certificate of filing issued by the
Pinelands Commission and the date on which it was issued.
(4)
The date on which the approval or denial was issued by the approval
agency.
(5)
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission.
(6)
Any revisions to the application not previously submitted to the
Commission.
(7)
A copy of the resolution, permit, or other documentation of the approval
or denial. If the application was approved, a copy of any preliminary
or final plan, plot or similar document that was approved shall also
be submitted.
A.
Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 15-36C above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 et seq. The approval of the Township shall not be effective and no development shall be carried out prior to a determination as to whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
B.
Although the Pinelands Commission shall be notified
of all denials, no such denial actions are subject to further review
and action by the Pinelands Commission.
Where a prior approval has been granted by the
Township, no subsequent approval of an application for development
approval shall be obtained until one of the following is satisfied:
A.
Notification is received from the Pinelands Commission
that review of the Township's approval is not required.
B.
Review of the Township's approval has been completed
pursuant to N.J.A.C. 7:50-4.37 et seq., and a final order regarding
the approval is received by the Township from the Pinelands Commission.
If the Pinelands Commission disapproves an application
for development previously approved by an approval agency, such approval
shall be revoked by the approval agency within 30 days of the Commission's
actions, and the agency shall thereafter deny approval of the application.
If the Commission approves the decision of an approval agency subject
to conditions, the approval agency which had previously approved the
application shall, within 30 days, modify its approval to include
all conditions imposed by the Commission and, if final approval of
the application is required, shall grant final approval only if the
application for approval demonstrates that the conditions specified
by the Commission have been met by the applicant.
The Pinelands Commission may participate in
a hearing held in the Township involving the development of land in
the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.
All development proposed by the Township or any agency thereof shall comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article I of this chapter.
In amending this article, the Township's Master
Plan or any other ordinance regulating the use of land, the Township
shall comply with all the requirements of N.J.A.C. 7:50-3.45.
