The provisions of this chapter shall be administered
by such person as may be designated Zoning Officer by the Borough
Council.
The duties of the Zoning Officer shall be:
A.
To examine all applications for permits;
B.
To issue permits only for buildings and uses which
are in conformity with the regulations of this chapter and of any
subsequent amendments;
C.
To record and file all applications for permits together
with accompanying plans and documents and to maintain them as a public
record;
D.
Upon request from the Planning Board or other Borough
body, to make available facts, records and any similar information
which will assist such body in reaching a decision;
E.
To keep this chapter and the Zoning Map up to date
by appending any amendments or map changes as soon as they are enacted.
A.
When the Zoning Officer finds that any provision of
this chapter is being violated, he shall notify in writing the person
responsible for such violation, indicating the nature of the violation
and ordering the action necessary to correct it.
B.
He shall order discontinuance of illegal use of land,
building or structure; removal of illegal buildings or structures
or of illegal additions, alterations or structural changes in existing
buildings; discontinuance of any illegal work; or shall take any other
action necessary to insure compliance with or to prevent violation
of the provisions of this chapter.
No permit of any kind provided for by this chapter
shall be granted by the Zoning Officer except in compliance with the
provisions of this chapter or in compliance with a decision of the
Planning Board or of the courts.
A.
Any person may file a written complaint against violation
of this chapter. Such complaint, stating in full the causes and basis
therefor, shall be filed with the Zoning Officer. He shall record
such complaint properly, investigate immediately, and take action
thereon as provided by this chapter.
B.
Each day that such violation continues after notice
from the Zoning Officer shall be considered a separate and specific
violation of this chapter.
C.
Violation; penalty.
[Added 5-20-2004 by Ord. No. 9-2004; amended 6-10-2009 by Ord. No.
05-2009]
(1)
Any
person who shall violate any of the provisions of this chapter, upon
conviction, shall be subject to a fine of not more than $2,000, imprisonment
for a term not exceeding 90 days, or a period of community service
not exceeding 90 days, or any combination thereof, in the discretion
of the Municipal Court Judge.
(2)
Whenever
a fine to be imposed is in an amount greater than $1,250, the owner
shall be provided a thirty-day period during which the owner shall
be afforded the opportunity to cure or abate the condition and shall
be afforded the opportunity for a hearing before the court for an
independent determination concerning the violation. Subsequent to
the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the court has determined that the abatement has
not been substantially completed.
The Borough Attorney is hereby authorized, in
addition to the other remedies set forth in the statutes of the State
of New Jersey and in this chapter, to institute an action to enjoin
or any other appropriate action or proceeding to prevent any unlawful
construction, reconstruction, alteration, conversion or use.
Appeal from a decision of the Zoning Officer
shall be made directly to the Planning Board.
A.
Lots of record. Notwithstanding any other minimum
lot area provision in this article, the owner of a parcel of land
of an acre or more in any district shall be entitled to develop one
detached single-family dwelling on the parcel, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(1)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner;
(2)
The parcel has been in the continuous ownership since
February 7, 1979, of the person whose principal residence the dwelling
unit will be, a member of that person's immediate family, or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation;
(3)
The parcel was not in common ownership with any contiguous
land on or after February 8, 1979, that contains substantial improvements;
and
(4)
The parcel includes all vacant contiguous lands in
common ownership on or after February 8, 1979.
B.
Density transfer program. Detached single-family dwellings
on 1.0-acre lots existing as of January 14, 1981, shall be permitted
in the F-20, F-30 and RD Zones, provided that:
[Amended 4-8-1993 by Ord. No. 244; 12-10-2019 by Ord. No. 07-2019]
(1)
The owner of the lot proposed for development acquires sufficient
vacant contiguous or noncontiguous land which, when combined with
the acreage of the lot proposed for development, equals at least the
following:
(a)
Five and five-tenths acres if development is proposed in the
RD Zone;
(b)
Twenty and zero-tenths acres if development is proposed in the
F-20 Zone and all acquired noncontiguous lands are located in the
F-20 Zone;
(c)
Twenty-nine and five-tenths acres if development is proposed
in the F-20 Zone and all acquired noncontiguous lands are located
in the F-30 Zone; and
(d)
Thirty and zero-tenths acres if development is proposed in the
F-30 Zone.
(2)
If the lot proposed for development is located in the RD Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located within the RD Zone;
(3)
If the lot proposed for development is located in the F-20 Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located in the F-20 or F-30 Zones;
(4)
If the lot proposed for development is located in the F-30 Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located in the F-30 Zone.
(5)
All noncontiguous lands acquired pursuant to Subsections B(1) through (4) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
(a)
The deed of restriction shall permit the parcel to be managed
for:
[1]
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Article VII;
[2]
Where agricultural use exists on a parcel to be protected, the
following standards shall apply:
[a]
For those agricultural uses in existence as of
April 6, 2009, the deed of restriction may provide for the continuation
of agricultural uses and the expansion of the area of agricultural
use by up to 50%;
[b]
For those agricultural uses established after April
6, 2009, the deed of restriction may provide for the continuation
of agricultural uses, provided the agricultural use has been in existence
for a period of at least five years prior to submission of an application
for density transfer;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection B(5)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection B(5)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection B(5)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(b)
The deed of restriction shall be in favor of the parcel to be
developed and the Borough or another public agency or nonprofit conservation
organization. In all cases, such restriction shall be expressly enforceable
by the Pinelands Commission. The deed restriction shall be in a form
to be approved by the Borough Solicitor and the Pinelands Commission.
(6)
Tax assessments for the acquired noncontiguous lands are combined
and assigned to the land to be developed; and
A.
Pinelands development credits established.
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection A(2) below, every parcel of land in the Agricultural District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area within the Pinelands. Pinelands development credits may also be allocated to certain properties in the Borough by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 4-8-1993 by Ord. No. 244]
(2)
Pinelands development credits are hereby established
in the Agricultural District at the following ratios:
(a)
Uplands which are undisturbed but approved for
resource extraction pursuant to this chapter; two Pinelands development
credits per 39 acres;
(b)
Uplands which are mined as a result of a resource
extraction permit approved pursuant to this chapter: zero Pinelands
development credits per 39 acres;
(c)
Other uplands and areas of active berry agricultural
bogs and fields: two Pinelands development credits per 39 acres;
(d)
Wetlands in active field agriculture use currently
and as of February 7, 1979: two Pinelands development credits per
39 acres;
[Amended 5-8-1997 by Ord. No. 213A]
(e)
Other wetlands: 0.2 Pinelands development credits
per 39 acres.
(3)
The allocations established in Subsection A(2) above shall be reduced as follows:
[Amended 2-14-1991 by Ord. No. 228]
(a)
Any property of 10 acres or less which is developed
for a commercial, industrial, resource extraction, intensive recreation,
institutional, campground or landfill use shall not receive Pinelands
development credit entitlement. For such an improved property of more
than 10 acres, the area actively used for such use or 10 acres, whichever
is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement
of a parcel of land shall be reduced by 0.25 Pinelands development
credit for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection B(2) below or when a variance for cultural housing is approved by the Borough pursuant to § 200-65A(2) of this chapter.
[Amended 4-8-1993 by Ord. No. 244]
(d)
The Pinelands development credit entitlement
for a parcel of land shall also be reduced by 0.25 Pinelands development
credits for each dwelling unit approved when a waiver of strict compliance
is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61
et seq.
[Added 4-8-1993 by Ord. No. 244]
(4)
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection A(2) above.
(5)
Notwithstanding the provisions above, the owner of
record of 0.10 or greater acres of land in the Agricultural District
as of February 7, 1979, shall be entitled to 0.25 Pinelands development
credit, provided that the parcel of land is vacant, was not in common
ownership with any contiguous land on or after February 7, 1979, and
has not been sold or transferred except to a member of the owner's
immediate family.
[Amended 2-14-1991 by Ord. No. 228; 5-8-1997 by Ord. No.
213A]
(6)
The provisions of Subsection A(5) above shall also apply to owners of record of less than 0.10 acre of land in the Agricultural District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Added 5-8-1997 by Ord. No. 213A]
B.
Limitations on use of Pinelands development credit.
(1)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection E(2) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 5-8-1997 by Ord. No. 213A]
(2)
Notwithstanding the provisions of Subsection B(1) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Amended 2-14-1991 by Ord. No. 228]
(3)
The bonus density of a parcel of land on which Pinelands
development credits are used shall not exceed the upper limits of
the density range of the municipal zone or district in which the property
is located.
C.
Pinelands development credit bonus multipliers. Pinelands
development credits which are used for securing a density bonus for
parcels of land located in a regional growth area shall yield a bonus
of four dwelling units per credit.
D.
Aggregation of development credits. Pinelands development
credits may be aggregated from different parcels for use in securing
a bonus for a single parcel of land in a regional growth area, provided
that the density does not exceed the limits of the density range specified
in the municipal district in which the property is located.
E.
Recordation of deed restriction.
(1)
No conveyance, sale or transfer of Pinelands development
credits shall occur until the municipality with jurisdiction over
the parcel of land from which the Pinelands development credits were
obtained, the agency or organization to which the restriction is in
favor, and the Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
(2)
Such deed restriction shall specify the number of
Pinelands development credits sold and that the property may only
be used in perpetuity for the following uses:
[Amended 2-23-1989 by Ord. No. 217; 2-14-1991 by Ord. No.
228; 4-8-1993 by Ord. No. 244]
(a)
In the Agricultural District: agriculture; forestry; fish and
wildlife management; low-intensity recreational uses in which the
use of motorized vehicles is not permitted except for necessary transportation,
access to water bodies is limited to no more than 15 feet of frontage
per 1,000 feet of frontage on the water body, clearing of vegetation
does not exceed 5% of the parcel, and no more than 1% of the parcel
will be covered with impermeable surfaces; agricultural commercial
establishments, excluding supermarkets and restaurants and convenience
stores, where the principal goods or products available for sale were
produced in the Pinelands and the sales area does not exceed 5,000
square feet; airports and heliports accessory to agricultural uses
and which are used exclusively for storage, fueling, loading and operation
of aircraft as part of an ongoing agricultural operation; agricultural
products processing facilities; and accessory uses.
[Amended 3-12-2019 by Ord. No. 02-2019]
(b)
In all other Pinelands zoning districts: agriculture;
forestry; and low-intensity recreational uses.
F.
Pinelands development credits shall be used in the
following manner:
[Added 4-8-1993 by Ord. No. 244]
(1)
When a variance of density or minimum lot area requirements
for a residential or principal nonresidential use in the VR or VI
District is granted by the Borough, Pinelands development credits
shall be used for all dwelling units or lots in excess of that otherwise
permitted without the variance;
[Amended 5-8-1997 by Ord. No. 213A[1]]
(2)
When a variance for cultural housing is granted by the Borough in accordance with § 200-65A(2) of this chapter; and
(3)
When a waiver of strict compliance is granted by the
Pinelands Commission pursuant to N.J.A.C. 7:50-5.41 et seq.
G.
In no case shall a building or construction permit
be issued for any development involving the use of Pinelands development
credits until the developer has provided the Pinelands Commission
and the Borough with evidence of his ownership of the requisite Pinelands
development credits and those Pinelands development credits have been
redeemed with the Borough.
[Added 4-8-1993 by Ord. No. 244]
Uses permitted in specific zones are as follows:
A.
Cultural housing.
(1)
Detached single-family dwellings on 3.2-acre lots,
provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(a)
The dwelling unit will be the principal residence
of the property owner or a member of the immediate family of the property
owner;
(b)
The individual whose principal residence the
dwelling unit will be has not developed a dwelling unit under this
section within the previous five years;
(c)
The parcel of land on which the dwelling is
to be located has been in the continuous ownership since February
7, 1979, of the person whose principal residence the dwelling unit
will be, a member of that person's immediate family, or a partnership
or corporation in which members of that person's immediate family
collectively own more than a majority interest in such partnership
or corporation; and
(d)
The person whose principal residence the dwelling
unit will be has resided in the Pinelands for at least five years
and that person or one or more members of that person's immediate
family have resided in the Pinelands for a total of at least 20 different
years.
(2)
Detached single-family dwellings on 1.0-acre lots,
provided that:
[Added 4-8-1993 by Ord. No. 244]
(b)
The lot to be developed existed as of February
8, 1979, or was created as a result of an approval granted by the
Pinelands Development Review Board or by the Pinelands Commission
pursuant to the Interim Rules and Regulations prior to January 14,
1981;
(c)
The applicant qualifies for and receives from the Township a variance from the 3.2-acre lot size requirement set forth in Subsection A(1) above;
(d)
The applicant purchases and redeems 0.25 Pinelands
development credit; and
(e)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 200-64A(3) of this chapter.
B.
Recreational uses.
(1)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for development has an area
of at least 50 acres;
(b)
The recreational use does not involve the use
of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more
than 15 linear feet of frontage per 1,000 feet of frontage on the
water body;
(d)
The parcel will contain no more than one campsite
per two acres;
(e)
Clearing of vegetation, including ground cover
and soil disturbance, does not exceed 5% of the parcel; and
(f)
No more than 1% of the parcel will be covered
with impervious surfaces.
[Amended 12-10-2019 by Ord. No. 07-2019]
C.
Institutional uses, provided that:
(1)
The use does not require or will not generate subsidiary
or satellite development in the Forest Districts;
[Amended 2-23-1989 by Ord. No. 217]
(2)
The applicant has demonstrated that adequate public
service infrastructure will be available to serve the use; and
(3)
The use is primarily designed to serve the needs of
the Forest District in which the use is to be located.
D.
Pinelands resource-related industrial or manufacturing
uses, excluding resource extraction and uses that rely on sand or
gravel as raw products, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
F.
Roadside retail sales and service establishments,
provided that:
(1)
The parcel proposed for development has roadway frontage
of at least 50 feet;
(2)
No portion of any structure proposed for development
will be more than 300 feet, measured along a line parallel to the
roadway, from the closest part of a roadside retail sales and service
establishment structure that was in existence on February 7, 1979;
and
(3)
The proposed use will not unduly burden public services,
including but not limited to water, sewer and roads.
G.
Public service infrastructure, provided that:
[Amended 2-23-1989 by Ord. No 217; 5-8-1997 by Ord. No. 213A; 12-10-2019 by Ord. No. 07-2019]
(1)
Public service infrastructure in the Forest Districts shall be intended
to primarily service only the needs of the Pinelands;
(2)
Centralized wastewater treatment and collection facilities shall be permitted to service the Forest Districts, Agricultural District, Rural Development District and Rural Development Commercial District only in accordance with § 200-47B(2).
A.
Applicability of procedures.
(1)
No person shall carry out any development within the
Borough without obtaining approval from an approval agency and without
obtaining development approval in accordance with the procedures set
forth in this section.
[Amended 2-23-1989 by Ord. No. 217]
(2)
Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this chapter:
(a)
The improvement, expansion, or reconstruction
within five years of destruction or demolition of any single-family
dwelling unit or appurtenance thereof;
(b)
The improvement, expansion, construction, or
reconstruction of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction, or
reconstruction of any structure used exclusively for agricultural
or horticultural purposes;
(d)
The construction, repair, or removal of any
sign, except for the construction or replacement of any off-site commercial
advertising sign;
(e)
The repair of existing utility distribution
lines;
[Amended 5-8-1997 by Ord. No. 213A]
(f)
The clearing of less than 1,500 square feet
of land;
(g)
The construction of any addition or accessory structure for
any nonresidential use or any multifamily residential structure provided
that:
[Amended 2-23-1989 by Ord. No. 217; 3-12-2019 by Ord. No. 02-2019]
[1]
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
[2]
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;
(h)
The demolition of any structure that is less
than 50 years old;
(i)
The installation of utility distribution lines,
except for sewage lines, to serve areas which are effectively developed
or development which has received all necessary approvals and permits;
[Added 5-8-1997 by Ord. No. 213A]
(j)
The repair or replacement of any existing on-site
wastewater disposal system;
[Added 5-8-1997 by Ord. No. 213A]
(k)
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;
[Added 5-8-1997 by Ord. No. 213A; amended 3-12-2019 by Ord. No. 02-2019]
(l)
The clearing of land solely for agricultural
or horticultural purposes;
[Added 5-8-1997 by Ord. No. 213A; amended 3-12-2019 by Ord. No. 02-2019]
(m)
Fences, provided no more than 1,500 square feet
of land is to be cleared;
[Added 5-8-1997 by Ord. No. 213A]
(n)
Aboveground telephone equipment cabinets;
[Added 5-8-1997 by Ord. No. 213A]
(o)
Tree pruning;
[Added 5-8-1997 by Ord. No. 213A]
(p)
The following forestry activities:
[Added 5-8-1997 by Ord. No. 213A]
[1]
Normal and customary forestry practices on residentially
improved parcels of land that are five acres or less in size;
[2]
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;
[3]
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
[4]
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;
(q)
Prescribed burning and the clearing and maintaining
of fire breaks;
[Added 5-8-1997 by Ord. No. 213A]
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 200-43C or § 170-10C(3)(e) of Chapter 170, Subdivision and Land Development;
[Added 5-8-1997 by Ord. No. 213A]
(s)
The installation of an accessory solar energy facility on any
existing structure or impervious surface;
[Added 3-12-2019 by Ord.
No. 02-2019]
(t)
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 3-12-2019 by Ord.
No. 02-2019]
(u)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed; or
[Added 3-12-2019 by Ord.
No. 02-2019]
(v)
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 3-12-2019 by Ord.
No. 02-2019]
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4)
Nothing herein shall preclude any municipal 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.
B.
Application requirements for minor development.
(1)
Any application for approval of minor development
shall include at least the following information:
(a)
The applicant's name and address and his interest
in the subject property;
(b)
The owner's name and address, if different from
the applicant's, and the owner's signed consent to the filing of the
application;
(c)
The legal description, including block and lot
designation and street address, if any, of the subject property;
(d)
A description of all existing uses of the subject
property;
(e)
A brief written statement generally describing
the proposed development;
(f)
A USGS quadrangle 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;
(g)
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, 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:
[1]
On-site treatment facilities: location size,
type and capacity of any proposed on-site wastewater treatment facilities;
and
[2]
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 § 200-47.
(h)
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;
(i)
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;
(j)
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;
(k)
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
C.
Application requirements for other development.
(1)
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:
(a)
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
D.
Notices to the Pinelands Commission.
[Amended 3-12-2019 by Ord. No. 02-2019]
(1)
Application submission and modifications. Written notification shall
be given by the Borough, by email or regular mail, to the Pinelands
Commission within seven days after a determination is made by the
Borough that an application for development in the Pinelands Area
is complete or if a determination is made by the Borough approval
agency that the application has been modified. Said notice shall contain:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
A brief description of the proposed development, including uses
and intensity of uses proposed;
(d)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(e)
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;
(f)
The approval agency with which the application or change thereto
was filed;
(g)
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
(h)
The nature of the municipal approval or approvals being sought.
(2)
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:
(a)
The name and address of the applicant;
(b)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(c)
The date, time and location of the meeting, hearing or other
formal proceeding;
(d)
The name of the approval agency or representative thereof that
will be conducting the meeting, hearing or other formal proceeding;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission; and
(f)
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
(3)
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 of 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:
(a)
The name and address of the applicant;
(b)
The legal description and street address, if any, of the parcel
that the applicant proposes to develop;
(c)
The application number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(d)
The date on which the approval or denial was issued by the approval
agency;
(e)
Any written reports or comments received by the approval agency
on the application for development that have not been previously submitted
to the Commission;
(f)
Any revisions to the application not previously submitted to
the Commission; and
(g)
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.
E.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the Borough shall not be effective and no development shall be carried out prior to a determination of 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.
(2)
Until January 14, 1991, approvals issued by the Pinelands
Development Review Board or the Pinelands Commission under the Interim
Rules and Regulations shall serve as the basis for Pinelands Commission
review of the local approval under this section.
(3)
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.
F.
Condition on prior approvals of the Borough.
(1)
Where a prior approval has been granted by any approval
agency, 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 prior local approval is not required;
or
(b)
Review of the prior local approval has been
completed pursuant to N.J.A.C. 7:50-4.27 to 4.42 and a final order
regarding the approval is received by the Borough from the Pinelands
Commission.
G.
Effect of Pinelands Commission's decision on Borough's
approval. If the Pinelands Commission disapproves an application for
development previously approved by an approval agency, such approval
shall be revoked by the approval agency and the agency shall thereafter
within 30 days 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.
H.
Participation of Pinelands Commission in public hearings.
The Pinelands Commission may participate in a hearing held in the
Borough involving the development of land in the Borough pursuant
to N.J.A.C. 7:50-4.23.
[Amended 2-23-1989 by Ord. No. 217]
I.
Public development. All development proposed by the
Borough or any agency thereof will 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 this chapter.
J.
Environmental Commission review. All applications
for major development, forestry, and resource extraction shall be
referred to the Environmental Commission for review and comment.
K.
Amendments. In amending the Borough Master Plan or
the Zoning, Subdivision and Site Plan Ordinances, the Borough shall
comply with all of the requirements of N.J.A.C. 7:50-3.45.
[Amended 2-23-1989 by Ord. No. 217]
The Zoning Map and Schedule of Limitations (Table
I, Use, Area, Yard and Bulk Regulations) are incorporated as part
of this chapter.[1]
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
