[Ord. No. 01-21-OAB § 36]
No person shall carry out any development within the Pinelands
Area of the Township without obtaining approval from an approval agency
and without obtaining development approval in accordance with the
procedures set forth in this article.
[Ord. No. 01-21-OAB § 36]
a.
Except as provided in Subsection b 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;
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 6-25-2018 by Ord. No. 18-22-OAB]
(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 wastewater 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 6-25-2018 by Ord. No. 18-22-OAB]
12.
The clearing of land solely for agricultural or horticultural purposes.
[Amended 6-25-2018 by Ord. No. 18-22-OAB]
13.
Fences, provided no more than 1,500 square feet of land is to be
cleared;
14.
Above-ground 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;
or
19.
The installation of an accessory solar energy facility on any existing
structure or impervious surface.
[Added 6-25-2018 by Ord.
No. 18-22-OAB]
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 6-25-2018 by Ord.
No. 18-22-OAB]
21.
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 6-25-2018 by Ord.
No. 18-22-OAB]
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 6-25-2018 by Ord.
No. 18-22-OAB]
b.
The exceptions contained in Subsection a above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
c.
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 article.
[Ord. No. 01-21-OAB § 36]
a.
Any application for approval of minor Pinelands 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 United States Geological Survey Quadrangle map, or copy thereof,
and a copy of the municipal tax map sheet on which the boundaries
of the subject property, the Pinelands management area designation
and the zoning designation are shown;
7.
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, existing or proposed
facilities to provide water for the use and consumption of occupants
of all buildings, and sanitary facilities which will serve the proposed
development. The following information shall be included with respect
to existing or proposed sanitary facilities:
(a)
On-site treatment facilities: Location, size, type and capacity
of any proposed on-site water 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 a 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 § 35-159.
8.
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
of the proposed development, owners of holdings adjoining and adjacent
to the subject property, existing facilities, buildings and structures
on the site, all proposed development, wetlands, streams (including
intermittent streams), rivers, lakes and other water bodies and existing
roads;
9.
A soils map including a County soils survey which conforms to the
guidelines of the 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 Commission issued pursuant to N.J.A.C.
7:50-4.34 or, until January 14, 1991, evidence of prior approval from
the Pinelands Development Review Board or the Commission pursuant
to the Interim Rules and Regulations; and
[Ord. No. 01-21-OAB § 36]
a.
All applications for major Pinelands development, other than forestry
and resource extraction operations, shall be accompanied by the information
required in N.J.A.C. 17:50-4.2(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
[Ord. No. 01-21-OAB § 36;
amended 6-25-2018 by Ord. No. 18-22-OAB]
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:
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:
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:
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.
Appeal
of Decision. Where an appeal of a decision is made to the Board of
Adjustment or governing body, the applicant shall notify the Pinelands
Commission by email or regular mail of the decision of the Zoning
Board of Adjustment or governing body within five days following the
decision of such an appeal. Such notification shall contain the information
set forth in paragraph c above.
[Added 11-21-2022 by Ord. No. 22-47-OAB]
[Ord. No. 01-21-OAB § 36]
a.
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 35-165c above, the application for development approval shall be reviewed in accordance with the provisions of 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.
b.
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board or the Commission under the Interim Rules and Regulations
shall serve as the basis for Commission review of the local approval
under this section.
c.
Although the Commission shall be notified of all denials, no such
denial actions are subject to further review and action by the Commission.
[Ord. No. 01-21-OAB § 36]
a.
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:
[Ord. No. 01-21-OAB § 36]
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 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.
[Ord. No. 01-21-OAB § 36]
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.
[Ord. No. 01-21-OAB § 36]
All development proposed by the Township or any agency thereof shall 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 XVIII of this chapter.
[Ord. No. 01-21-OAB § 36]
In amending this chapter or the Township's Master Plan, the
Township shall comply with all requirements of N.J.A.C. 7:50-3.45.
