[Added 9-11-1990 by Ord. No. 08-1990]
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 section.
B.
Except as provided in Subsection C below, the following shall not be subject to the procedures set forth in this section:
(1)
The improvement, expansion or reconstruction within five years
of destruction or demolition of any single-family dwelling unit or
appurtenance thereof.
(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 3-11-1997 by Ord. No. 02-1997]
(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 2-12-2019 by Ord. No. 01-2019]
(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 has received all necessary approvals and permits.
[Added 3-11-1997 by Ord. No. 02-1997]
(10)
The repair or replacement of any existing on-site wastewater
disposal system.
[Added 3-11-1997 by Ord. No. 02-1997]
(11)
The repaving of existing paved roads and other paved surfaces,
provided no increase in the paved width of said roads and surfaces
will occur.
[Added 3-11-1997 by Ord. No. 02-1997; amended 2-12-2019 by Ord. No. 01-2019]
(12)
The clearing of land solely for agricultural or horticultural
purposes.
[Added 3-11-1997 by Ord. No. 02-1997; amended 2-12-2019 by Ord. No. 01-2019]
(13)
Fences, provided no more than 1,500 square feet of land is to
be cleared.
[Added 3-11-1997 by Ord. No. 02-1997]
(14)
Aboveground telephone equipment cabinets.
[Added 3-11-1997 by Ord. No. 02-1997]
(15)
Tree pruning.
[Added 3-11-1997 by Ord. No. 02-1997]
(16)
The following forestry activities:
[Added 3-11-1997 by Ord. No. 02-1997]
(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.
[Added 3-11-1997 by Ord. No. 02-1997]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 2-12-2019 by Ord.
No. 01-2019]
(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 2-12-2019 by Ord.
No. 01-2019]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 2-12-2019 by Ord.
No. 01-2019]
(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 2-12-2019 by Ord.
No. 01-2019]
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 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.
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 United States Geological Survey (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.
(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 and 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 § 160-144.
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,[1] showing the location of all proposed development.
[1]
Editor's Note: The Soil Conservation Service is now known
as the Natural Resources Conservation Service (NRCS).
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.
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:
(1)
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.
[Amended 2-12-2019 by Ord. No. 01-2019]
A.
Application submission and modifications. Written notification shall
be given by the City, by email or regular mail, to the Pinelands Commission
within seven days after a determination is made by the approval agency
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:
(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.
(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 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:
(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 a notice of approval pursuant to § 160-130C 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 approving authority 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.
B.
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.
C.
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 approving authority,
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 approving authority's approval is not required; or
B.
Review of the approving authority'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 City from the Pinelands Commission.
If the Pinelands Commission disapproves an application for development
previously approved by an approving authority, such approval shall
be revoked by the approving authority within 30 days and the approving
authority shall thereafter deny approval of the application. If the
Commission approves the decision of an approving authority subject
to conditions, the approving authority 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 City involving the development of land in the Pinelands Area pursuant
to N.J.A.C. 7:50-4.36.
In the Pinelands Area, all applications for major development,
forestry and resource extraction shall be referred to the Environmental
Commission for review and comment.
In the Pinelands Area, all development proposed by the approving
authority 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 Articles XIIA and XIIB of this chapter.
