A.
After the effective date of this chapter, no permits,
including a development permit, a building permit, or a certificate
of occupancy, shall be issued for the improvement or use of lands
or structures in the Borough if said use or improvements are not in
conformity with the provisions of this chapter. No development, as
development is defined by this chapter, shall commence in the Borough
until it is in conformance with the appropriate approvals specified
in this chapter and until issuance of the required permits.
B.
The requirements for the issuance of the building permit or a certificate of occupancy are as required in the New Jersey Uniform Construction Code. The issuance of a building permit shall also be subject to the procedures and notification requirements of § 285-8 of this chapter.
[Amended 11-10-1988 by Ord. No. 88-10]
C.
A development permit shall be issued by the Construction Code Official prior to: 1) the commencement of any development that is subject to the provisions of this chapter; 2) the issuance of a building permit; and 3) the issuance of a certificate of occupancy. The applicant shall comply with the application requirements set forth in § 285-8. The application for a development permit shall also include proof that a duplicate copy of the application has been submitted to the Pinelands Commission.
[Amended 11-10-1988 by Ord. No. 88-10]
A.
Except as specifically exempted under § 285-9 of this article, site plan and/or subdivision approval shall be required prior to the issuance of a development permit and the commencement of development.
B.
Except for development exempted in this section, all
applicants receiving a development permit from the Borough shall notify
the Pinelands Commission of the issuance of said permit in accordance
with this section. No development authorized by said permit shall
commence until the Pinelands Commission review has been completed
pursuant to this section.
[Amended 11-10-1988 by Ord. No. 88-10]
C.
Except as provided in Subsection D below, the following shall not be subject to the procedures set forth in this chapter:
[Amended 11-10-1988 by Ord. No. 88-10]
(1)
The improvement, expansion, or reconstruction within
five years of destruction or demolition of any single-family dwelling
unit or appurtenance thereto;
(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 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;
[Amended 3-12-1998 by Ord. No. 98-1]
(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 3-9-1999 by Ord.
No. 89-3; 11-8-2018 by Ord. No. 2018-8]
(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 that are effectively developed or
development which has received all necessary approvals and permits;
[Added 3-12-1998 by Ord. No. 98-1]
(10)
The repair or replacement of any existing on-site
wastewater disposal system;
[Added 3-12-1998 by Ord. No. 98-1]
(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.
[Added 3-12-1998 by Ord. No. 98-1; amended 11-8-2018 by Ord. No. 2018-8]
(12)
The clearing of land solely for agricultural
or horticultural purposes;
[Added 3-12-1998 by Ord. No. 98-1; amended 11-8-2018 by Ord. No. 2018-8]
(13)
Fences, provided no more that 1,500 square feet
of land is to be cleared;
[Added 3-12-1998 by Ord. No. 98-1]
(14)
Aboveground telephone equipment cabinets;
[Added 3-12-1998 by Ord. No. 98-1]
(15)
Tree pruning;
[Added 3-12-1998 by Ord. No. 98-1]
(16)
The following forestry activities:
[Added 3-12-1998 by Ord. No. 98-1]
(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 that
one cord of wood per five acres of land is harvested in any one year
and that no more that five cords of wood are harvested for the entire
parcel in 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
[Added 3-12-1998 by Ord. No. 98-1]
(19)
The installation of an accessory solar energy facility
on any existing structure or impervious surface.
[Added 11-8-2018 by Ord.
No. 2018-8]
(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 11-8-2018 by Ord.
No. 2018-8]
(21)
The establishment of a home occupation within an
existing dwelling unit or structure accessory thereto, provided that
no additional development is proposed.
[Added 11-8-2018 by Ord.
No. 2018-8]
(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 11-8-2018 by Ord.
No. 2018-8]
D.
The exceptions contained in Subsection C above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
[Added 11-10-1988 by Ord. No. 88-10]
E.
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 § 285-8C.
[Added 11-10-1988 by Ord. No. 88-10]
F.
Application requirements for minor development.
[Added 11-10-1988 by Ord. No. 88-10]
(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. 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 location 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 §§ 285-89 and 285-90.
(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
(l)
When prior approval for the development has
been granted by the Borough, evidence of Pinelands Commission review
pursuant to this section.
G.
Application requirements for other development.
[Added 11-10-1988 by Ord. No. 88-10]
(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
(b)
When prior approval for the development has
been granted by the Borough, evidence of Pinelands Commission review
pursuant to this section.
(2)
An application for approval of forestry operations
shall be subject to the application requirements set forth in N.J.A.C.
7:50-6.41 et seq.
[Amended 3-12-1998 by Ord. No. 98-1; 11-10-2011 by Ord. No.
2011-7]
(3)
An application for approval of resource extraction
operations shall be subject to the application requirements set forth
in N.J.A.C. 7:50-4.2(b)7.
H.
Notices to the Pinelands Commission.
[Added 11-10-1988 by Ord. No. 88-10;
amended 11-8-2018 by Ord. No. 2018-8]
(1)
Application submission and modifications. Written notification
shall be given by the Borough, by e-mail 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 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)
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 local approval agency or an appeal of any agency's decision.
The applicant shall, within five days of the approval or denial, give
notice by e-mail 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.
I.
Review by the Pinelands Commission.
[Added 11-10-1988 by Ord. No. 88-10]
(1)
Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection H(2) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through 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.
J.
Condition on prior approvals of the Borough.
[Added 11-10-1988 by Ord. No. 88-10]
(1)
Where a prior approval has been granted by the Borough,
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 Borough's approval is not required;
or
(b)
Review of the Borough's approval has been completed
pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order
regarding the approval is received by the Borough from the Pinelands
Commission.
K.
Effect of Pinelands Commission decision on Borough
approval.
[Added 11-10-1988 by Ord. No. 88-10]
(1)
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, 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.
A.
Subdivision and lot consolidations.
(1)
Divisions of land not considered a subdivision, as
defined by this chapter, shall not require a development permit. Such
divisions shall include the division of land for agricultural purposes
where all resulting parcels are five acres or larger in size; divisions
by testamentary or intestate provisions; divisions of property by
court order; and conveyances so as to combine existing lots by deed
or other instrument, as the case may be.
(2)
It shall be permissible to consolidate contiguous
tax lots if said lots were created under the "Map Filing Law," through
subdivision for agricultural purposes or through deed or through creation
of separate lots by deed, by filing a written request with the Borough
Engineer, requesting a change in the Tax Map and authorizing such
a change and the reasons for same. Said lot consolidations shall not
require a development permit.
(3)
The conveyance of one or more adjoining lots, tracts,
or parcels of land owned by the same person or persons and all of
which conform to the requirements of this chapter, and are designated
as separate lots, tracts, or parcels on the Tax Map of the Borough,
shall not be considered a subdivision under this chapter and shall
not require a development permit.
B.
Site plans. Site plan approval shall be required for
all buildings.
[Amended 11-10-1988 by Ord. No. 88-9]
It shall be unlawful to use or permit the use
of any building or part thereof that hereafter is created, changed,
converted, altered or enlarged, wholly or in part, until a certificate
of occupancy shall have been issued by the Construction Code Official.
No certificate of occupancy shall be issued unless the land, building,
and use comply with the provisions of this chapter. Prior to issuance
of a certificate of occupancy, all matters incorporated on the approved
subdivision or site plan shall have been completed and certified as
complete by the Borough Engineer, and the building and health codes
shall have been complied with.
Prior to the subdivision or resubdivision of
land within the Borough, and as a condition of filing subdivision
plats with the County Recording Officer, a resolution of approval
by the Planning Board shall be required as a condition for the issuance
of a development permit. Similarly for site plans, a resolution of
approval by the Planning Board shall be required as a condition for
the issuance of a development permit.
