[Ord. #1985-7, A XVIII, A; Ord. #1989-3, § 12;
Ord. #1997-9, §§ 48, 49; Ord. No. 2018-5 § 9]
a.
No person shall carry out any development within the Pinelands Area
without obtaining approval from an approval agency and without obtaining
development approval in accordance with the procedures set forth in
this article.
b.
Except as provided in 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 of
destruction or demolition, of any single family dwelling unit or appurtenance
thereof;
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 non-residential
use or any multi-family residential structure provided that:
(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.
[Ord. No. 2018-5 § 9]
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.
[Ord. No. 2018-5 § 9]
12.
The clearing of land solely for agricultural or horticultural purposes.
[Ord. No. 2018-5 § 9]
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 can 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.
[Ord. No. 2018-5 § 9]
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.
[Ord. No. 2018-5 § 9]
21.
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Ord. No. 2018-5 § 9]
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.
[Ord. No. 2018-5 § 9]
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.
[Ord. #1985-7, A XVIII, B: Ord. #1989-3, § 12;
Ord. #1996-6, § 3]
a.
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 II of this Chapter.
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;
[Ord. #1985-7, A XVIII, C; Ord. #1989-3, § 12]
All applications for major development, other than forestry
and resource extraction operations, shall be accompanied by the information
required in N.J.A.C. 4.2(b)5, as well as the following.
a.
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. #1989-3 § 12; Ord. No. 2018-5 § 10]
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:
a.
The name and address of the applicant;
b.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
c.
A brief description of the proposed development, including uses and
intensity of uses proposed;
d.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
e.
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;
f.
The approval agency with which the application or change thereto
was filed;
g.
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
h.
The nature of the municipal approval or approvals being sought.
[Ord. #1985-7, A XVIII, D 1; Ord. #1989-3 § 12; Ord. No. 2018-5 § 10]
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:
a.
The name and address of the applicant;
b.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued;
c.
The date, time and location of the meeting, hearing, or other formal
proceeding;
d.
The name of the approval agency or representative thereof that will
be conducting the meeting, hearing or other formal proceeding;
e.
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
f.
The purpose for which the meeting, hearing or other formal proceeding
is to be held.
[Ord. #1985-7, A XVII, D 2; Ord. #1989-3 § 12; Ord. No. 2018-5 § 10]
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:
a.
The name and address of the applicant;
b.
The legal description and street address, if any, of the parcel that
the applicant proposes to develop;
c.
The application number of the Certificate of Filing issued by the
Pinelands Commission and the date on which it was issued.
d.
The date on which the approval or denial was issued by the approval
agency;
e.
Any written reports or comments received by the approval agency on
the application for development that have not been previously submitted
to the Commission;
f.
Any revisions to the application not previously submitted to the
Commission; and
g.
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.
[Ord. #1996-6 § 4; Ord. No. 2018-5 § 10]
[Ord. #1985-7, A XVIII, E; Ord. #1989-3, § 12;
Ord. #1996-6, § 5]
Upon receipt by the Pinelands Commission of the notice of approval pursuant to subsection 17-75.2 above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.37 through 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.
Pursuant to N.J.A.C. 7:50-4.1(b) and 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 local approval
under this section.
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.
[Ord. #1985-7, A XVIII, F; Ord. #1989-3, § 12]
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.
[Ord. #1985-7, A XVIII, G; Ord. #1989-3, § 12;
Ord. #1996-6, § 6]
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked within 30 days of the Commission's action by the approval agency 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. Except as provided in subsection 17-81.1, the requirements of Section 17-78 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.
[Ord. #1985-7, A XVIII, H; Ord. #1989-3, § 12]
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. #1985-7, A XVIII, I; Ord. #1989-3, § 12]
[Ord. #1985-7, A XVIII, J; Ord. #1989-3, § 12]
In amending this Chapter, the Township's Master Plan, or any
other ordinances regulating the use of land, the Township shall comply
with all the requirements of N.J.A.C. 7:50-3.45.
[Ord. #1996-6, § 2]
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 within the Township
of Tabernacle.
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 Tabernacle 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;
(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.
2.
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 17. 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 17.
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 17.
4.
Within 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. With 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 17 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 17 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
days of the issuance of the permit.
e.
Effect of Preliminary Zoning Permit.
1.
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 17 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 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 the Development Regulations of the Township of Tabernacle
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 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 the Development Regulations of the Township
of Tabernacle is required;
(b)
A variance from the Development Regulations of the Township of Tabernacle is not required but the Zoning Officer nevertheless determines that the application does not meet any requirement of Chapter 17 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 the Township Development
Regulations, the refusal shall also indicate that upon the applicant's
submission of evidence of Planning Board approval of the necessary
variance, the Zoning Officer shall determine whether a preliminary
zoning permit may be issued pursuant to paragraph d above.
3.
When a refusal to issue a preliminary zoning permit is predicated
solely upon the need to obtain a variance from the Township Development
Regulations, the Zoning Officer shall provide a copy of the application
and the refusal to the Pinelands Commission within five days of the
issuance.
4.
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon paragraph f, 1(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 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 Sections 17-75 through 17-78 of the Development Regulations of the Township of Tabernacle. 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.
