[Amended 11-13-1989 by Ord. No. 89-4]
A.
No person shall carry out any development within the Pinelands Forest
Area District without obtaining approval from an approval agency and
without obtaining development approval in accordance with the procedures
set forth in this article.
B.
Except as provided in Subsection C below, the following shall not be subject to the procedures set forth in this article:
(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 7-14-1997 by Ord. No. 4-97]
(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 8-13-2018 by Ord. No. 4-2018]
(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 7-14-1997 by Ord.
No. 4-97]
(10)
The repair or replacement of any existing on-site waste water disposal
system;
[Added 7-14-1997 by Ord.
No. 4-97]
(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 7-14-1997 by Ord.
No. 4-97; amended 8-13-2018 by Ord. No. 4-2018]
(12)
The clearing of land solely for agricultural or horticultural purposes;
[Added 7-14-1997 by Ord.
No. 4-97; amended 8-13-2018 by Ord. No. 4-2018]
(13)
Fences, provided no more than 1,500 square feet of land is to be
cleared;
[Added 7-14-1997 by Ord.
No. 4-97]
(14)
Aboveground telephone equipment cabinets;
[Added 7-14-1997 by Ord.
No. 4-97]
(15)
Tree pruning;
[Added 7-14-1997 by Ord.
No. 4-97]
(16)
The following forestry activities:
[Added 7-14-1997 by Ord.
No. 4-97]
(a)
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood
per five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
(c)
Tree planting, provided that the area to be planted does not
exceed five acres in any one year, no soil disturbance occurs other
than that caused by the planting activity, and no trees other than
those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees
and brush, provided that no clearing or soil disturbance occurs and
that the total land area on the parcel in which the activity occurs
does not exceed five acres in any one year;
(17)
Prescribed burning and the clearing and maintaining of fire breaks;
or
[Added 7-14-1997 by Ord.
No. 4-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 82-19C.
[Added 7-14-1997 by Ord.
No. 4-97]
(19)
The installation of an accessory solar energy facility on any existing
structure or impervious surface.
[Added 8-13-2018 by Ord.
No. 4-2018]
(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 8-13-2018 by Ord.
No. 4-2018]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 8-13-2018 by Ord.
No. 4-2018]
(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 8-13-2018 by Ord.
No. 4-2018]
C.
The exceptions contained in Subsection B above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing herein shall preclude any local or state agency from reviewing,
in accordance with the provisions of any applicable ordinance or regulation,
any proposed development which does not require an application to
the Pinelands Commission pursuant to this section.
[Amended 11-13-1989 by Ord. No. 89-4]
Any application for approval of a 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 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 § 82-23 of this chapter.
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
[Amended 11-13-1989 by Ord. No. 89-4]
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; and
[Amended 7-14-1997 by Ord. No. 4-97; 8-13-2018 by Ord. No. 4-2018]
A.
Application submission and modifications. Written notification shall
be given by the City, by e-mail or regular mail, to the Commission
within seven days after determination is made by the City that an
application for development in the Pinelands Area is complete or if
a determination is made by the City 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 report;
and
(8)
The nature of the municipal approval or approvals being sought.
B.
Hearings. Where a meeting, hearing or other formal proceeding on
an application for development approval in the Pinelands Area is required,
the applicant shall provide notice to the Pinelands Commission, by
e-mail, 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 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; and
(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 e-mail
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 revision to the application not previously submitted to the Commission;
and
(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.
[Amended 11-13-1989 by Ord. No. 89-4]
A.
Upon receipt of the notice of approval by the Pinelands Commission pursuant to § 82-10C above, the Executive Director shall determine whether the application for development approval shall be reviewed by the Commission in accordance with the provisions in N.J.A.C. 7:50-4.37 through 7:50-4.56. The approval of the City shall not be effective and no development shall be carried out prior to the Executive Director's determining whether the development approval will be reviewed by the Commission. If the Executive Director notifies the applicant of the decision to have the Commission 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 City, 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 City's prior approval is not required; or
B.
Review of the City's prior 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.
[Amended 11-13-1989 by Ord. No. 89-4]
[Amended 11-13-1989 by Ord. No. 89-4]
A.
If the
Pinelands Commission disapproves an application for development previously
approved by an approving authority, such approval shall be revoked
by the approving authority, and, within 30 days of the Commission's
action, the agency 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.
B.
Waivers. A development approval within the Pinelands Area which conflicts with a provision of this chapter may require that a waiver of strict compliance be considered by the New Jersey Pinelands Commission pursuant to N.J.A.C. 7:50-4.63. In such cases where, prior to the expiration of the time period specified in § 82-11 of this chapter, the Pinelands Commission informs the approval agency and the applicant that a waiver of strict compliance is required, the time period set forth in said section shall be tolled until such waiver has been acted upon by the Commission. If said waiver is approved, the period for review set forth in § 82-11 shall commence on the effective date of said waiver. If said waiver is denied, the approval agency shall revoke its development approval within 30 days.
[Amended 11-13-1989 by Ord. No. 89-4]
The Pinelands Commission may participate in a hearing held in
Corbin City involving the development of land in the Pinelands Forest
Area District pursuant to N.J.A.C. 7:50-4.36.
All development proposed by the City of Corbin City within the
Pinelands Area or any agency thereof will comply with all of the requirements
for public development set forth in N.J.A.C. 7:50-4.51 et seq.
