[Amended 5-24-1989 by Ord. No. 0-27-89; 4-24-1991 by Ord. No. 0-12-91]
A.
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 this section, every parcel of land in the Preservation Area District
or Agricultural Production Area 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. Pinelands Development Credits
may also be allocated to certain properties in the Township by the
Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 7-20-1993 by Ord. No. 0-20-93; 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
B.
Pinelands Development Credits are hereby established in the Preservation
Area District at the following ratios:
(1)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter and Chapter 179: Two (2) Pinelands Development Credits per thirty-nine (39) acres;
[Amended 2-25-97 by Ord. No. 0-2-97]
(2)
Uplands which are mined as a result of a resource extraction permit
approved pursuant to this chapter: Zero (0) Pinelands Development
Credits per thirty-nine (39) acres;
(3)
Other uplands: One (1) Pinelands Development Credit per thirty-nine
(39) acres; and
(4)
Wetlands: Two-tenths (.2) Pinelands Development Credits per thirty-nine
(39) acres.
C.
Pinelands Development Credits are hereby established in the Agricultural
Production at the following ratios:
(1)
Uplands which are undisturbed but approved for resource extraction
pursuant to this chapter: Two (2) Pinelands Development Credits per
thirty-nine (39) acres;
(2)
Uplands which are mined as a result of a resource extraction permit
approved pursuant to this chapter: Zero (0) Pinelands Development
Credits per thirty-nine (39) acres;
(3)
Other uplands and areas of active berry agricultural bogs and fields:
Two (2) Pinelands Development Credits per thirty-nine (39) acres;
(4)
Wetlands in active field agricultural use currently and as of February
7, 1979: Two (2) Pinelands Development Credits per thirty-nine (39)
acres; and
[Amended 2-25-97 by Ord. No. 0-2-97]
(5)
Other wetlands: Two-tenths (.2) Pinelands Development Credits per
thirty-nine (39) acres.
D.
(1)
Any property of ten (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 ten
(10) acres, the area actively used for such use or ten (10) acres,
whichever is greater, shall not receive Pinelands Development Credit
entitlement.
(2)
The Pinelands Development Credit entitlement of a parcel of land
shall be reduced by one-quarter (0.25) Pinelands Development Credit
for each existing dwelling unit on the property.
(3)
The Pinelands Development Credit entitlement for a parcel of land shall be reduced by one-quarter (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 Section 296-67 D or when a variance for cultural housing is approved by the township pursuant to Section 296-9.3 of this chapter.
[Amended 7-20-93 by Ord. No. 0-20-93]
(4)
The PDC entitlement for a parcel of land shall also be reduced by
twenty-five hundredths (0.25) PDCs for each dwelling unit approved
pursuant to N.J.A.C. 7:50-4.61, et seq., when a waiver of strict compliance
is granted by the Pinelands Commission.
[Added 7-20-93 by Ord. No. 0-20-93]
F.
Notwithstanding the provisions above, the owner of record of one-tenth
(0.10) or greater acres of land in the Preservation Area Zone or Agricultural
Production Zone as of February 7, 1979 shall be entitled to one-quarter
(0.25) Pinelands Development Credits, 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 2-25-97 by Ord. No. 0-2-97]
G.
The provisions of Subsection F above shall also apply to owners of record of less than one-tenth (0.10) acres of land in the Preservation Area Zone or Agricultural Production Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsections B and C above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least one-tenth (0.10) of an acre.
[Added 2-25-97 by Ord. No. 0-2-97]
[Amended 4-24-1991 by Ord. No. 0-12-91]
A.
Pinelands Development Credits shall be acquired and redeemed for 25% of all residential units in the PR-2, PR-3, and PR-4 Zones. The use and redemption of Pinelands Development Credits shall be in accordance with Articles III, IV, and V of this chapter.
[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
B.
If the number of required Pinelands Development Credits pursuant
to A above is not evenly divisible by 0.25, the required number of
Pinelands Development Credits shall be increased to the next highest
increment of 0.25 for developments of five or more units and decreased
to the next lowest increment of 0.25 for developments of four or fewer
units, provided that the resulting obligation shall be at least 0.25
Pinelands Development Credits.
[Amended 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
C.
Notwithstanding the requirements in A and B above, no Pinelands Development Credits shall be required for the development of one dwelling unit on a lot existing as of the effective date of this ordinance that conforms to the density requirements of A above and the minimum lot area requirements of Schedule 2 of this Chapter.[1]
[1]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
D.
Notwithstanding the provisions of Subsection C 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 one- quarter (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 5-24-89 by Ord. No. 0-27-89]
E.
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 Pinelands Commission have been provided with evidence of recordation
of a restriction on the deed to the land from which the development
credits were obtained.
[Amended 5-24-89 by Ord. No. 0-27-89]
F.
Such deed restriction shall specify the number of Pinelands Development
Credits sold and that the property may be used in perpetuity for the
following uses:
[Amended 8-21-18 by Ord. No. O-2018-018] (Prior history: Ord. Nos. O-27-89; O-2011-017)
(1)
In the PP Preservation District: Berry agriculture; horticulture
of native Pinelands plants; forestry; beekeeping; fish and wildlife
management; wetlands management; agricultural employee housing as
an accessory use; 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 fifteen (15) feet
of frontage per one thousand (1,000) feet of frontage on the water
body, clearing of vegetation does not exceed five percent (5%) of
the parcel, and no more than one percent (1%) of the parcel will be
covered with impervious surfaces; and accessory uses.
(2)
In the PA Agricultural District: Agriculture; forestry; agricultural
employee housing as an accessory use; 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 fifteen (15) feet of frontage per one thousand (1,000) feet
of frontage on the water body, clearing of vegetation does not exceed
five percent (5%) of the parcel, and no more than one percent (1%)
of the parcel will be covered with impervious surfaces; fish and wildlife
management; wetlands management; 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 five thousand (5,000)
square feet; airports and heliports accessory to agricultural uses
and which are used exclusively for the storage, fueling, loading and
operation of aircraft as part of an ongoing agricultural operation;
agricultural products processing facilities; and accessory uses.
[Added 5-24-1989 by Ord. No. 0-27-89; amended 4-24-1991 by Ord. No. 0-12-91; 7-20-1993 by Ord. No. 0-20-93]
A.
Pinelands Development Credits shall be used in the following manner:
(1)
To permit residential development of parcels of land in the PR-2, PR-3, or PR-4 Districts according to the density and lot area requirements set forth in Articles III, IV, and V of this chapter.
[Amended 3-26-2002 by Ord. No. 0-6-02; 11-19-2002 by Ord. No. 0-27-02; 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
(2)
When a variance of density or minimum lot area requirements
for a residential use in the PR-2, PR-3, or PR-4 Districts is granted
by the Township, Pinelands Development Credits shall be used for all
dwelling units or lots in excess of that otherwise permitted without
the variance.
[Amended 2-25-1997 by Ord. No. 0-2-97; 3-26-2002 by Ord. No. 0-6-02; 11-19-2002 by Ord. No. 0-27-02; 10-12-2021 by Ord. No. O-2021-023; 3-8-2022 by Ord. No. O-2022-004]
(3)
When a variance for a nonresidential use not otherwise permitted
in the PR-2, PR-3 or PR-4 Districts is granted by the township, Pinelands
Development Credits shall be used at fifty percent (50%) of the maximum
rate permitted for Pinelands Development Credits in the zone in which
the nonresidential use will be located for parcels under ten (10)
acres in size; at seventy-five percent (75%) of the maximum rate for
parcels between ten (10) and twenty (20) acres in size; and at one
hundred percent (100%) of the maximum rate for parcels over twenty
(20) acres in size. This requirement shall not apply to a variance
or other approval which authorizes the expansion of or changes to
existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 6-19-01 by Ord. No. 0-13-2001; 3-26-02 by Ord. No.
0-6-02]
(4)
When a variance for a residential use in the PC-1, PC-2 or PI-1
Districts is granted by the township, Pinelands Development Credits
shall be used for fifty percent (50%) of the authorized units for
parcels under ten (10) acres in size; for seventy-five percent (75%)
of the authorized units for parcels between ten (10) and twenty (20)
acres in size and for one hundred percent (100%) of the authorized
units for parcels over twenty (20) acres in size.
[Amended 6-19-01 by Ord. No. 0-13-2001; 3-26-02 by Ord. No.
0-6-02]
(5)
When a variance for cultural housing is granted by the township in accordance with Section 296-9.3 of this chapter;
(6)
When a waiver of strict compliance is granted by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.61, et seq.; and
(7)
When a variance of density or lot area requirements for a residential
or principal nonresidential use in the PR-6, PC-3 or PI-2 Districts
is granted by the township, Pinelands Development Credits shall be
used for all dwelling units or lots in excess of that otherwise permitted
without the variance.[1]
[Added 2-25-97 by Ord. No. 0-2-97; amended 3-26-02 by Ord. No. 0-6-02]
[1]
Editor's Note: Former Subsection A(8), regarding a schedule
and requirements for nonresidential development of parcels, and Subsection
A(9), regarding variances for a floor area ratio for a nonresidential
use, and which immediately followed this subsection, were repealed
10-12-2021 by Ord. No. O-2021-023.
B.
No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the township approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the township approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands Development Credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands Development Credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to Section 40-41 and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands Development Credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 2-25-97 by Ord. No. 0-2-97; 6-19-01 by Ord. No. 0-13-2001]
C.
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
township with evidence of his ownership of the requisite Pinelands
Development Credits and those Pinelands Development Credits have been
redeemed with the township.
