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DIVISION 1 - PINELANDS - WEST OF PARKWAY
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Under the Pinelands Protection Act, the Pinelands Commission
shall have the authority to review or approve applications for development
in the Pinelands Area. A zoning permit or subdivision approval shall
not be issued or granted by the Zoning Officer or municipal agency
having jurisdiction until such review has been made by or approval
is given by the Pinelands Commission.
In addition to other development review procedures of Barnegat
Township, no person shall carry out any development within the Pinelands
Area without obtaining development approval in accordance with the
procedures set forth in this Article.
[Amended 4-3-89 by Ord. No. 1989-8; 6-5-89 by Ord. No. 1989-16; 12-15-96 by Ord. No. 1996-60 §§ 32,
33]
A.
Development subject to review and approval. The following types of
development shall be subject to review or approval by the Pinelands
Commission:
(1)
Major development.
(a)
Any division of land into five or more lots.
(b)
Any construction or expansion of any housing development of
five or more dwelling units.
(c)
Any construction or expansion of any commercial or industrial
use or structure on a site of more than three acres.
(d)
Any grading, clearing, or disturbance of an area in excess of
5,000 square feet.
(2)
Minor development. All development other than major development,
as defined in Paragraph A above, and except those activities specifically
exempt under Paragraph B below.
[Amended 7-16-01 by Ord. No. 2001-29]
B.
Exemptions from Pinelands Commission Review. Except as provided in
Paragraph 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,
or 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;
(6)
The clearing of less than1,500 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 3-5-2019 by Ord.
No. 2019-4]
(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;
(10)
The repair or replacement of any existing on-site waste water
disposal system;
(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;
[Amended 3-5-2019 by Ord.
No. 2019-4]
(12)
The clearing of land solely for agricultural or horticultural
purposes;
[Amended 3-5-2019 by Ord.
No. 2019-4]
(13)
Fences, provided no more than 1,500 square feet of land is to
be cleared;
(14)
Aboveground telephone equipment cabinets;
(15)
Tree pruning;
(16)
The following forestry activities:
(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;
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 55-148C(33) or 55-295C;
[Amended 7-16-01 by Ord. No. 2001-29]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface;
[Added 3-5-2019 by Ord.
No. 2019-4]
(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 3-5-2019 by Ord.
No. 2019-4]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed;
[Added 3-5-2019 by Ord.
No. 2019-4]
(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 3-5-2019 by Ord.
No. 2019-4]
C.
The exceptions contained in Paragraph 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 6-5-89 by Ord. No. 1989-14]
A.
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 Township approval
agency that the application has been modified. Said notice shall contain:
[Amended 3-5-2019 by Ord.
No. 2019-4]
(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;
and
(8)
The nature of the municipal approval or approvals being sought.
B.
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:
[Amended 3-5-2019 by Ord.
No. 2019-4]
(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 email or
regular mail to the Pinelands Commission. Such notice shall contain
the following information:
[Amended 3-5-2019 by Ord.
No. 2019-4]
(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; 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.
D.
(Reserved)
E.
Review by the Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval
pursuant to Paragraph C 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 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.
(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.
F.
Condition on prior approvals of the Township.
(1)
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:
(a)
Notification is received from the Pinelands Commission that
review of the Township's approval is not required; or
(b)
Review of the Township's approval has been completed pursuant
to N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the
approval is received by the Township from the Pinelands Commission.
G.
Effect of Pinelands Commission decision on Township approval. 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.
H.
Participation of Pinelands Commission in public hearings. The Pinelands
Commission may participate in a hearing held in the Township involving
the development of land in the Pinelands Area pursuant to N.J.A.C.
7:50-4.36.
I.
Environmental Commission review. All applications for major development,
forestry, and resource extraction shall be referred to the Environmental
Commission for review and comment.
[Amended 6-5-89 by Ord. No. 1989-14; 12-16-96 by Ord. No. 1996-60 § 34]
A.
General Requirements. Any application for approval of major development,
except for forestry or resource extraction operations, shall include
at least the following information:
(1)
The applicant's name and address and his interest in the subject
property;
(2)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation and street
address, if any, of the subject property;
(4)
A description of all existing uses of the subject property;
(5)
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;
(7)
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 wastewater treatment facilities:
(a)
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;
(b)
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;
(c)
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 a tract map showing
the location, logs and elevations of all test holes, indicating where
ground water was encountered, and estimating the seasonal high water
table; and
(d)
The proposed hours and day of operation and number of employees
of any nonresidential facility.
(8)
A project site base map, at a scale of no less than one (1) inch
to two hundred (200) feet and including the areas extending at least
three hundred (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;
(9)
A soils map including a county soils survey in conformance with the
guidelines of the United States Department of Agriculture Soil 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 sewered projects, sufficient soil borings to confirm the accuracy
of the soils map;
(10)
A slope map, at the same size and scale as the project site
base map, indicating contour elevations at two (2) foot intervals;
(11)
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;
(12)
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
areas boundaries; the location of proposed facilities such as dams
and impoundments, 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; and all vegetation which is to be removed or disturbed
as a result of the proposed development, and the tree line before
and after development;
(13)
A map, at the same size and scale as the project site base map,
showing storm water 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;
(14)
Legal instruments evidencing the applicant's right, title or
interest in any Pinelands development credits and any existing or
proposed deed restrictions or easements relating to the subject parcel;
(15)
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, incorporating the elements set forth in Section 55-295D and identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six (6) months of the completion of construction and demonstrating that the landscaping will stabilize soils;
[Amended 7-16-01 by Ord. No. 2001-29]
(16)
All public service infrastructure agreements, or other documentation,
evidencing the availability of electric, gas, water, sewer and other
necessary public service infrastructure;
(17)
The cultural resources survey described in Section 55-301 of this chapter;
[Amended 7-16-01 by Ord. No. 2001-29]
(18)
A list of all permits required for the proposed development
from county, municipal, State and Federal agencies;
(19)
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
(20)
When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to Section 55-277E.
[Amended 7-16-01 by Ord. No. 2001-29]
B.
Other Requirements for Specific Uses.
(1)
If the proposed development includes industrial or commercial facilities,
the following additional information must be included:
(a)
The proposed hours of operation of any such facility.
(b)
An energy conservation plan including special energy conservation
design considerations, detailed energy conservation practices and
an assessment of provisions for public transportation, van and car
pooling.
(c)
The number of employees to be employed at the proposed facility.
(2)
If the proposed development includes any commercial forestry activities, all information required by Section 55-292 of this chapter.
(3)
If the proposed development includes any commercial resource extraction activities, all information required by Section 55-293 of this chapter.
(4)
If the proposed development includes one hundred (100) or more dwelling
units, a fiscal impact analysis comparing the cost of the proposed
development and the revenues to be generated by the proposed development
during the ten (10) year period immediately subsequent to completion
of the development.
C.
Pre-application Conference with Pinelands Commission; Waiver or Modification
of Application Requirements.
(1)
Any applicant may meet with the Pinelands Commission prior to submitting
an application for major development, to discuss the proposed development,
specific information to be included in an application, and any waivers
requested by the applicant. Such preapplication conference shall be
conducted by said Commission according to its procedures and requirements.
(2)
The Pinelands Commission may consider and shall advise the prospective
applicant in writing of any waiver or modification of the specific
application requirements set forth in this section, where such requirements
are deemed by the Commission to be unnecessarily duplicative of municipal
site plan and subdivision application requirements established elsewhere
in this chapter, or are deemed as not otherwise necessary to assure
proper consideration of an application for major development.
D.
(Reserved)
[Amended 6-5-89 by Ord. No. 1989-14]
A.
General Requirements. Any application for approval of minor development
shall include at least the following information:
(1)
The applicant's name and address and his interest in the subject
property;
(2)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(3)
The legal description, including block and lot designation and street
address, if any, of the subject property;
(4)
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 and
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, 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:
(a)
On-site treatment facilities: Location, size, type and capacity
of any proposed on-site wastewater treatment facilities; and
(b)
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 ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Article XIX;
(8)
A location map, including the area extending at least three hundred
(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;
(9)
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;
(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 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.
Pre-application Conference; Waiver or Modification of Application
Requirements.
(1)
Any applicant for minor development may meet with the municipal agency
or official having jurisdiction prior to submitting an application
for minor development, to discuss the proposed development and the
specific information to be included in an application. Where a site
plan or subdivision approval is required, a pre-application conference
may be scheduled with the appropriate agency or official by written
request at least fifteen (15) days prior to such conference. Such
request shall indicate the location and nature of the proposed minor
development.
(2)
The municipal agency or official having jurisdiction over an application,
shall have the authority to waive or modify any application requirement
set forth in this section, where such requirement is deemed unnecessarily
duplicative of other requirements of this chapter, or is otherwise
deemed unnecessary to assure proper consideration of an application
for minor development.
C.
(Reserved)
[Added 7-16-01 by Ord. No. 2001-29]
A.
The Zoning Officer 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,
B.
Applications for a Preliminary Zoning Permit.
(1)
An application for a preliminary zoning permit shall be submitted
to the Zoning Officer and shall include the following:
(a)
The applicant's name and address and his interest in the subject
property;
(b)
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 Barnegat and Pinelands Commission are authorized to inspect the
property;
(c)
The owner's name and address, if different from the applicant's,
and the owner's signed consent to the filing of the application;
(d)
The street address, if any, the tax map sheet and block and
lot number of the property;
(e)
Proof that taxes for the property have been paid;
(f)
Acreage of the property in square feet;
(g)
A dated plot plan, with the scale noted, showing:
[1]
The zoning district in which the property is located;
[2]
The location and dimensions of all property lines,
easements affecting the property and streets abutting the property,
[3]
The location of all yards and setbacks required
pursuant to the Schedule of Area, Yard and Building Requirements;
[4]
The location and use of all existing structures
and improvements on the property and their intended disposition;
[5]
A building envelope within which the single family
dwelling is to be located;
[6]
The location and dimensions of the proposed driveway;
[7]
The location and dimensions of any proposed accessory
structures or improvements;
[8]
The location and dimensions of the area in which
any sewage disposal system, including the disposal field, is proposed
to be located; and
[9]
The location of any proposed water supply well.
(h)
If proposed, certification that central sewer and/or water service
are available.
(i)
If development of the property is proposed in accordance with
the density transfer program of Section 55-42.A(2), the street address,
if any, the tax map sheet, block and lot number and acreage in square
feet of the noncontiguous property.
(2)
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 55. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter 55.
(3)
The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 55.
(4)
Within fourteen (14)) days of receipt of an application, the
Zoning Officer shall determine whether the application is complete
and, if necessary, notify the applicant of any additional information
which is necessary to complete the application.
C.
Permit Decisions. Within fourteen (14) days of determining an application
to be complete, the Zoning Officer shall issue either a preliminary
zoning permit or a refusal to issue a preliminary zoning permit.
D.
Preliminary Zoning Permit.
(1)
A preliminary zoning permit shall be issued if:
(a)
The application is consistent with the requirements of Chapter 55 or any necessary variance from those requirements has been obtained;
(b)
No waiver of strict compliance from the requirements of the
Pinelands Comprehensive Management Plan is necessary or any such waiver
has been approved by the Pinelands Commission; and
(c)
A duly authorized representative of the Pinelands Commission
approves the Zoning Officer's determination and so signifies by signing
the preliminary zoning permit.
(2)
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapter 55 and shall specify the expiration date of the permit.
(3)
The Zoning Officer shall provide copies of the application and
the preliminary zoning permit to the Pinelands Commission within five
(5) days of the issuance of the permit.
E.
Effect of the Preliminary Zoning Permit.
(1)
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 55 and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
A preliminary zoning permit shall be valid for two (2) years
and shall, during that period, confer the following rights and privileges:
(a)
The approved application shall not be subject to any substantive revisions of Chapter 55 of the Code of Barnegat Township or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1, et seq.
(b)
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 Pinelands Commission.
F.
Refusal to Issue a Preliminary Zoning Permit.
(1)
The Zoning Officer shall issue a refusal to issue a preliminary
zoning permit if any of the following are found to apply:
(c)
A waiver of strict compliance from the Pinelands Comprehensive
Management Plan is required; or
(d)
The duly authorized representative of the Pinelands Commission
has not attested to the consistency of the application with the Pinelands
Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
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 Chapter 55, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to paragraph F(4) above.
(3)
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 55, the Zoning Officer shall provide a copy of the application and the refusal to the Pinelands Commission within five (5) days of issuance.
(4)
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon paragraph F(l)(b), (c) or (d) above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five (5) days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq. and Section 55-277 of the Code of Barnegat Township. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
All development in the Pinelands Area shall comply with the
standards set forth in this Article in addition to all other regulations
of this chapter. The standards and regulations applicable to the Pinelands
Area are intended to be the minimum provisions necessary to achieve
the purposes and objectives of the Pinelands Protection Act. In the
event of a conflict between any provisions, the stricter provision
shall apply.
