Township of Waterford, NJ Pinelands Commission Review and Procedures

No person shall carry out any development within the Township without obtaining approval from an approving authority and without obtaining development approval in accordance with the procedures set forth in this article.

For the purpose of this article only, the following shall not be considered development except for development of any historic resource designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154:

The improvement, expansion or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance thereto;

The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;

The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;

The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;

The repair of existing utility distribution lines;

The clearing of less than 1,500 square feet of land;

The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:

[Amended 6-13-2018 by Ord. No. 2018-13]

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

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;

(j)

The repair or replacement of any existing on-site wastewater disposal system;

(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;

[Amended 6-13-2018 by Ord. No. 2018-13]

(l)

The clearing of land solely for agricultural or horticultural purposes;

[Amended 6-13-2018 by Ord. No. 2018-13]

(m)

Fences, provided no more than 1,500 square feet of land is to be cleared;

(n)

Aboveground telephone equipment cabinets;

(o)

Tree pruning;

(p)

The following forestry activities:

Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

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;

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

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;

(r)

Normal and customary landscape plantings, unless a landscaping plan is required for site plans pursuant to § 176-72;

(s)

The installation of an accessory solar energy facility on any existing structure or impervious surface;

[Added 6-13-2018 by Ord. No. 2018-13]

(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 6-13-2018 by Ord. No. 2018-13]

(u)

The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed;

[Added 6-13-2018 by Ord. No. 2018-13]

(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 6-13-2018 by Ord. No. 2018-13]

As of January 13, 1991, the provisions of the CMP shall apply to any proposed development or portion thereof which received approval from the Commission pursuant to the interim rules and regulations or which received approval from the Pinelands Development Review Board and said approvals expired as of that date or will expire subsequent to that date, without exception, unless the requirements in Subsection A(3)(a), (b), and either (c) or (d) below have been met and continue to be met:

All necessary municipal Planning Board or Board of Adjustment approvals were obtained by January 14, 1991;

No additional approval, extension, renewal or any other action whatsoever is required or received from either the municipal Planning Board or Board of Adjustment after January 14, 1991; and either

All necessary approvals, including all necessary construction permits, were obtained by January 3, 1995, or within 18 months of the expiration of any tolling pursuant to N.J.S.A. 40:55D-21 of the running of the period of the Planning Board or Board of Adjustment approval pursuant to N.J.S.A. 40:55D-47 or 40:55D-52, whichever is later; and no construction permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after said date, provided that the lot for which the approvals and permits are issued either fronts on a road that prior to January 3, 1995, was improved at least to the extent of the installation of a subbase or had a foundation or septic system lawfully constructed on said lot prior to January 3, 1995; or

All necessary approvals, including all necessary construction permits, are obtained by December 31, 1996, and no construction permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after said date, provided that the lot for which the approvals and permits are issued either fronts on a road that prior to January 3, 1995, was improved at least to the extent of the installation of a subbase or had a foundation or septic system lawfully constructed on said lot prior to January 3, 1995.

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 Commission pursuant to § 176-14A(1) or (2) above.

Application requirements for minor development. Any application for approval of minor development shall include at least the following information, in addition to any other information required in § 176-37B:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

(5)

A brief written statement generally describing the proposed development;

(6)

A USGS quadrangle map, or copy thereof, and a copy of the Municipal Tax Map sheet on which the boundaries of the subject property, 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, 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:

On-site treatment facilities. Location, size, type and capacity of any proposed on-site water treatment facilities; and

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 a 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 Subchapter 6 of the CMP;

(8)

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership 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 USDA, Natural Resources 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 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 Commission pursuant to the interim rules and regulations;

(12)

When prior approval for the development has been granted by the approving authority, evidence of Commission review pursuant to § 176-14G below;

(13)

In lieu of Subsection B(1) through (12) above, the application requirements of § 176-14C below shall apply to applications for the development of a single-family dwelling on an existing lot of record.

Procedures for applications for the development of a single-family dwelling on an existing lot of record. The Zoning Official is hereby authorized and directed to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop a single-family dwelling on an existing lot of record.

Application for a preliminary zoning permit.

An application for a preliminary zoning permit shall be submitted to the Zoning Official and shall include the following:

The applicant's name and address and his interest in the subject property;

The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate, and that duly authorized representatives of the Township of Waterford and Commission are authorized to inspect the property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The street address, if any, the Tax Map sheet and block and lot number of the property;

[5]

Proof that taxes for the property have been paid;

[6]

Acreage of the property in square feet;

[7]

A dated plot plan, with the scale noted, showing:

[a]

The zoning district in which the property is located;

[b]

The location and dimensions of all property lines, easements affecting the property and streets abutting the property;

[c]

The location of all yards and setbacks required pursuant to the Schedule of Area and Bulk Requirements;

[d]

The location and use of all existing structures and improvements on the property and their intended disposition;

[e]

A building envelope within which the single-family dwelling is to be located;

[f]

The location and dimensions of any proposed accessory structures or improvements;

[g]

The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located; and

[h]

The location of any proposed water supply well;

[8]

If proposed, certification that central sewer and/or water service are available;

[9]

If development of the property is proposed in accordance with the density transfer program of § 176-16, the street address, the Tax Map sheet, block and lot number and acreage in square feet of the noncontiguous property.

The Zoning Official is authorized to require such additional information as may be necessary to determine compliance with this chapter. Such may include, but is not limited to, a soil boring in the area of any proposed septic system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of this chapter.

The Zoning Official is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with this chapter.

Within 14 days of receipt of an application, the Zoning Official shall determine whether the application is complete and, if necessary, notify the applicant of any additional information that is necessary to complete the application.

Permit decisions. Within 14 days of determining an application to be complete, the Zoning Official shall issue either a preliminary zoning permit or a refusal to issue a preliminary zoning permit.

Preliminary zoning permit.

A preliminary zoning permit shall be issued if:

The application is consistent with the requirements of this chapter or any necessary variances from those requirements have been obtained;

No waiver of strict compliance from the requirements of the CMP is necessary or any such waiver has been approved by the Commission; and

A duly authorized representative of the Commission approves the Zoning Official's determination and so signifies by signing the preliminary zoning permit.

A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Official determines are necessary to ensure compliance with this chapter and shall specify the expiration date of the permit.

The Zoning Official shall provide copies of the application and the preliminary zoning permit to the Commission within five days of the issuance of the permit.

Effect of preliminary zoning permit.

A preliminary zoning permit represents a determination that the application meets the requirements of this chapter and the CMP, N.J.A.C. 7:50-1.1 et seq.

A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:

The approved application shall not be subject to any substantive revisions of this chapter or the CMP, N.J.A.C. 7:50-1.1 et seq.

Any subsequent approvals necessary for the development of the single-family dwelling on the property may be sought without the need for a certificate of filing from the Commission.

Any subsequent approvals to be sought, including, but not limited to, construction permits, shall be subject to the notice, review and decision requirements of § 176-14G and H.

(5)

Refusal to issue preliminary zoning permit.

The Zoning Official shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:

A variance from this chapter is required;

A variance from this chapter is not required but the Zoning Officer determines that the application does not meet any requirement of this chapter that reflects a provision of the CMP;

A waiver of strict compliance from the CMP is required; or

The duly authorized representative of the Commission has not attested to the consistency of the application with the CMP, N.J.A.C. 7:50-1.1 et seq.

A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from this chapter, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board approval of the necessary variance, the Zoning Official shall determine whether a preliminary zoning permit may be issued pursuant to § 176-14C(3) above.

When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from this chapter, the Zoning Official shall provide a copy of the application and the refusal to the Commission within five days of the issuance.

When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon § 176-14C(5)(a)[2], [3] or [4] above, the Zoning Official shall provide the original application and a copy of the refusal to the Commission within five days of the issuance. The Commission shall thereafter process the application pursuant to the CMP, N.J.A.C. 7:50-1.1 et seq. and § 176-14G and H shall apply. In lieu of a preliminary zoning permit, a certificate of filing from the Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.

(6)

Zoning Official vacancy. Should the position of Zoning Official become vacant for any reason, the application procedures set forth in § 176-14C(1) through (5) shall be of no force or effect and the procedures of § 176-14G and H shall apply until the position has been filled.

Submission requirements for applications for development in the Haines Boulevard Environs Redevelopment Area.

[Added 11-21-2011 by Ord. No. 2011-19; amended 2-8-2017 by Ord. No. 2017-6]

Purpose. On December 26, 2001, the Township Committee adopted a redevelopment plan for the Haines Boulevard Environs Redevelopment Area with the goal of recreating this area of the municipality as a destination or gateway, utilizing the intersection of the New Jersey State Highway Routes 73 and 30 as a place of convergence for development of business, entertainment and/or shopping uses. On December 14, 2016, the Township Committee adopted a revised redevelopment plan for the Haines Boulevard Redevelopment Area in order to create a gateway and town center, provide quality housing options, generate cohesive and vibrant commercial districts, improve utilization of vacant land and produce a flexible site plan. The redevelopment area, totaling approximately 146 acres in size and consisting of Block 202, Lots 1, 2, 3, 4, 5, 6, and 7; Block 203, Lots 1, 2, 3, 4, 5, 6, 7, and 8; and Block 204, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, is located in the Pinelands Regional Growth Area, an area in which growth and development are encouraged by the Pinelands Comprehensive Management Plan. In recognition of the Township's ongoing redevelopment efforts and the suitability of the redevelopment area for development, as confirmed by the Pinelands Commission, it is appropriate for the local review officer to relieve applicants of certain application submission requirements as a means of increasing the efficiency of the development application process in this important area.

Within the Haines Boulevard Redevelopment Area, applications for development shall not be required to include the information listed in Subsection D(3), below, provided that, prior to the municipality declaring an application for development complete, the local review officer verifies, in writing, to the appropriate Township land use official that proposed development:

Is located within the Haines Boulevard Redevelopment Area and is consistent with the Haines Boulevard Redevelopment Plan adopted by Ordinance No. 2001-30;

Is or will be served by public sanitary sewer or will not require on-site sanitary sewage disposal facilities; and

Otherwise addresses all applicable standards set forth in Article VIII of this chapter, including, but not limited to, stormwater management.

Notwithstanding § 176-14B and E, the following information shall not be required as part of any application for development within the Haines Boulevard Redevelopment Area which meets the standards of Subsection D(2) above:

Mapping and/or delineation of wetlands;

A cultural resource survey, except a survey would be required for Block 203, Lot 1;

A threatened and endangered species survey; and

A certificate of filing from the Commission issued pursuant to N.J.A.C. 7:50-4.34.

Upon determining any application for development in the Haines Boulevard Redevelopment Area to be complete, the local review officer shall provide the following information to the Pinelands Commission:

The block and lot designations of the property proposed for development;

The number of proposed housing units;

The number of proposed affordable housing units;

The proposed square footage of any nonresidential development; and

The anticipated water needs of the proposed development and the proposed source for the necessary water supply.

(5)

All approvals and permits for development within the Haines Boulevard Redevelopment Area shall remain subject to the Pinelands Commission notice, review and decision requirements of § 176-14G and H.

Application requirements for other development.

Any application for approval of major development, except for forestry or resource extraction operations, shall include at least the following information in addition to any other information required in § 176-37B:

The applicant's names and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development; the number of total units; and the floor area of all units to be included in the proposed development;

A written statement addressing each of the standards or guidelines set forth in Subchapters 5 and 6 of the CMP; and stating specifically how the proposed development meets each standard or guideline;

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, 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 wastewater treatment facilities:

Sanitary sewer distribution. Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;

On-site treatment facilities. Location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;

Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted with tract map showing location, logs and elevations of all test holes, indicating where groundwater was encountered, and estimating the seasonal high water table;

The proposed hours and days of operation and number of employees of any nonresidential facility;

(h)

A project site base map, at a scale of no less than one inch equals 200 feet and including the areas 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, if any, 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 in conformance with the guidelines of the USDA, Natural Resources Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewer projects, sufficient soil borings to confirm the accuracy of this soils map;

(j)

A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;

(k)

A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in this plan. This map should be prepared prior to any engineering site layout or design work;

(l)

A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use area boundaries; the location of proposed facilities such as dams and impediments; public or private water systems; storm drainage systems; public or private sewerage systems; public utilities; soil erosion and sedimentation control devices; industrial wastewater discharges and solid waste disposal areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area, all vegetation which is to be removed or disturbed as a result of the proposed development and the tree line before and after development;

(m)

A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high water table.

(n)

Legal instruments evidencing the applicant's right, title or interest in any PDCs and any existing or proposed deed restrictions or easements relating to the subject parcel;

(o)

A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the planting will be carried out within six months of the completion of construction and demonstrating that the planting will stabilize soils. Landscaping and planting plans shall incorporate the elements set forth in § 176-72;

(p)

All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;

(q)

The cultural resources survey described in §§ 176-70 and 176-106;

(r)

A list of all permits required for the proposed development from county, municipal, state and federal agencies;

(s)

A certificate of filing from the Commission issued pursuant to N.J.A.C. 7:50- 4.34 or, until January 14, 1991, evidence of prior approval from the Commission pursuant to the interim rules and regulations;

(t)

When prior approval for the development has been granted by the approving authority, evidence of Commission review pursuant to § 176-14H.

An application for approval of forestry operations shall be subject to the application requirements set forth in § 176-67.

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)6.

Reference of applications to Environmental Commission. All applications for major development, forestry and resource extraction shall be referred to the Environmental Commission for review and comment.

Notices to Pinelands Commission.

[Amended 6-13-2018 by Ord. No. 2018-13]

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 approval agency that the application has been modified. Said notice shall contain:

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

A brief description of the proposed development, including uses and intensity of uses proposed;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

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;

The approval agency with which the application or change thereto was filed;

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.

Meetings and 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:

The name and address of the applicant;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date, time and location of the meeting, hearing or other formal proceeding;

The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;

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

The purpose for which the meeting, hearing or other formal proceeding is to be held.

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:

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the approval or denial was issued by the approval agency;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;

Any revisions to the application not previously submitted to the Commission; and

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.

Exceptions. Except as provided in § 176-14C, the requirements of this section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.

Review by Pinelands Commission.

Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 176-14G(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 7:50-4.42. The approval of the Township 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. Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Commission under the interim rules and regulations shall serve as the basis for Commission review of the local approval under this section. Although the Commission shall be notified of all denials, no such denial actions are subject to further review and action by the Commission.

Except as provided in § 176-14C, the requirements of this section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.

Condition on prior approvals by Township.

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:

Notification is received from the Commission that review of the Township's approval is not required; or

Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37-4.42 and a final order regarding the approval is received by the Township from the Commission.

Effect of Pinelands Commission's decision on Township's approval.

If the Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority within 30 days of the Commission's action and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approving authority subject to conditions, the approving 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.