DIVISION 1 - PINELANDS - WEST OF PARKWAY
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]
(3) 
Public development. All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Article XIX of this chapter.
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.
J. 
Except as provided in § 55-279.1, the requirements of § 55-277 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.
[Added 7-16-01 by Ord. No. 2001-29]
[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;
(6) 
A written statement addressing each of the standards or guidelines set forth in Articles II and XIX of this chapter; and stating specifically how the proposed development meets each such standard or guideline;
(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]
(21) 
Any application for approval of forestry operations shall be subject to the requirements of Section 55-292.
[Amended 7-16-01 by Ord. No. 2001-29]
(22) 
Any application for approval of resource extraction operations shall be subject to the requirements of Section 55-293.
[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.
(5) 
If the proposed development includes one hundred (100) or more dwelling units or more than three hundred (300) parking spaces, the information required by Section 55-297 of this chapter.
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
(12) 
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]
(13) 
In lieu of A(1) through (12) above, the application requirements of Section 55-279.1 shall apply to applications for the development of a single family dwelling on an existing lot of record.
[Added 7-16-01 by Ord. No. 2001-29]
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.
(3) 
Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of Sections 55-277C through G.
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:
(a) 
A variance from Chapter 55 of the Code of Barnegat Township is required;
(b) 
A variance from Chapter 55 of the Code of Barnegat Township is not required but the Zoning Officer determines that the application does not meet any requirement of Chapter 55 that reflects a provision of the Pinelands Comprehensive Management Plan;
(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.
G. 
Zoning Officer Vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in Section 55-279.1 shall be of no force or effect and the procedures of Sections 55-279 and 55-277 shall apply until the position has been filled.
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.