[Added 2-24-1993 by Ord. No. 9-1993]
A.
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.
B.
In addition to other development review procedures set forth in the Code of the Township of Egg Harbor, all development located within the Pinelands Area shall comply with the procedures set forth in this article. The following shall not be subject to the procedures set forth in this article, except as provided in § 225-53.1C below:
[Amended 7-14-1993 by Ord. No. 30-1993]
(1)
The improvement, expansion or reconstruction,
within five years of destruction or demolition, of any single-family
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;
[Amended 6-25-1997 by Ord. No. 25-1997]
(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 3-6-2019 by Ord.
No. 4-2019]
(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 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;
[Added 6-25-1997 by Ord. No. 25-1997]
(10)
The repair or replacement of any existing on-site
wastewater disposal system;
[Added 6-25-1997 by Ord. No. 25-1997]
(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.
[Added 6-25-1997 by Ord. No. 25-1997; amended 3-6-2019 by Ord. No. 4-2019]
(12)
The clearing of land solely for agricultural
or horticultural purposes.
[Added 6-25-1997 by Ord. No. 25-1997; amended 3-6-2019 by Ord. No. 4-2019]
(13)
Fences, provided that no more than 1,500 square
feet of land is to be cleared;
[Added 6-25-1997 by Ord. No. 25-1997]
(14)
Aboveground telephone equipment cabinets;
[Added 6-25-1997 by Ord. No. 25-1997]
(15)
Tree pruning;
[Added 6-25-1997 by Ord. No. 25-1997]
(16)
The following forestry activities:
[Added 6-25-1997 by Ord. No. 25-1997]
(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
[Added 6-25-1997 by Ord. No. 25-1997]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 225-50.9.
[Added 6-25-1997 by Ord. No. 25-1997]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 3-6-2019 by Ord.
No. 4-2019]
(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 3-6-2019 by Ord.
No. 4-2019]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 3-6-2019 by Ord.
No. 4-2019]
(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 3-6-2019 by Ord.
No. 4-2019]
C.
The exceptions contained in § 225-53.1B above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
[Added 7-14-1993 by Ord. No. 30-1993]
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 § 225-53.1B above.
[Added 7-14-1993 by Ord. No. 30-1993]
A.
Prior to an application for minor development being
deemed complete within the Pinelands Area, the applicant shall provide
evidence that a duplicate copy of the application for minor development
has been duly filed with the Pinelands Commission.
B.
Applications for approval of minor development located
within the Pinelands Area shall submit the following information in
addition to that which may be otherwise required by the Code of the
Township of Egg Harbor:
(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;
[Amended 7-14-1993 by Ord. No. 30-1993]
(4)
A description of all existing uses of the subject
property;
[Amended 7-14-1993 by Ord. No. 30-1993]
(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, the Pinelands management area designation and the
municipal zoning designation are shown;
[Amended 7-14-1993 by Ord. No. 30-1993]
(7)
A plat or plan showing the location of all boundaries
on 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 the existing or proposed sanitary
facilities:
(a)
On-site treatment and holding facilities: location,
size, type and capacity of any proposed on-site wastewater treatment
or holding 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 locations with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 225-50.10 of this chapter.
(8)
A location map, including the area extending
at least 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;
[Amended 7-14-1993 by Ord. No. 30-1993]
(11)
A certificate of filing from the Pinelands
Commission issued pursuant to N.J.A.C. 7:50-4.34; and
[Added 7-14-1993 by Ord. No. 30-1993]
(12)
When prior approval for the development has
been granted by the Township, evidence of Pinelands Commission review
pursuant to this article.
[Added 7-14-1993 by Ord. No. 30-1993]
[Amended 7-14-1993 by Ord. No. 30-1993]
A.
All applications for major development, other than
forestry and resource extraction operations, shall be accompanied
by the information required in N.J.A.C. 7:50-4.2(b)5, as well as the
following:
B.
An application for approval of forestry operations shall be subject to the application requirements set forth in § 225-50.5 of this chapter.
[Amended 6-25-1997 by Ord. No. 25-1997]
[Amended 7-14-1993 by Ord. No. 30-1993; 3-6-2019 by Ord. No.
4-2019]
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 Township 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.
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.
[Amended 7-14-1993 by Ord. No. 30-1993]
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 225-53.4C 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. 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.
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 7:50-4.42 and a final order
regarding the approval is received by the Township from the Pinelands
Commission.
[Amended 7-14-1993 by Ord. No. 30-1993]
[Amended 7-14-1993 by Ord. No. 30-1993]
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.
[Amended 7-14-1993 by Ord. No. 30-1993]
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.
[Amended 7-14-1993 by Ord. No. 30-1993]
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 applicable
standards set forth in this chapter.
A.
Within the Pinelands Area of the Township, specifically
within the RG-4 and RG-5 Residential Districts, cluster development
shall be permitted only in accordance with the requirements of this
section.
[Amended 3-24-2004 by Ord. No. 14-2004]
B.
A developer may apply to cluster residential units
for single-family detached and attached dwellings, two-family dwellings
and multifamily buildings in a townhouse or garden apartment configuration
when such uses are permitted as either principal or conditional uses.
C.
Area and yard requirements. The following building
requirements shall apply to all cluster developments:
(1)
Minimum tract size: 10 contiguous acres, served
by public sewer and water.
(2)
Minimum tract frontage: 300 feet on a county
road.
(3)
Minimum setback from any street right-of-way:
75 feet.
(4)
Minimum setback from all other lot lines: 50
feet.
(5)
Maximum density: as specified for the respective
zone in the district regulations of this chapter.
(7)
Minimum parking setbacks: 35 feet from any county
right-of-way and 20 feet from any municipal right-of-way or project
entrance drive.
(8)
Under the provisions of this section, no lot
shall be reduced in area below the following minimum requirements:
[Amended 3-24-2004 by Ord. No. 14-2004]
Zoning District
|
Required Minimum
Lot Area of District
|
Permitted Minimum
Lot Area of Cluster
Development
| |
---|---|---|---|
RG-4
|
10,000
|
7,500
| |
6,700*
|
5,700*
| ||
RG-5
|
8,000
|
6,400
| |
3,500*
|
3,100*
|
Notes:
*Pinelands development credits required.
|
D.
Open space. A minimum of 40% of the site area shall
be deed-restricted from further residential development in order to
preserve a significant amenity of the tract as identified in the Master
Plan of the Township of Egg Harbor. Of the 40%, no more than 50% shall
be wetlands, as designated by the United States Fish and Wildlife
Service. For the purposes of this subsection, no drainage structure,
drainage basin or utility right-of-way shall be considered open space.
The open space shall be contiguous and, to the greatest extent possible,
centrally located to the residential uses. A minimum of 200 contiguous
feet of the open space shall front on a municipal right-of-way or
entrance or internal drive. An open space organization shall be created
pursuant to N.J.S.A. 40:55D-43 et seq., unless the open space is dedicated
to and accepted by the municipality. Nothing in this subsection shall
be construed to require the Township of Egg Harbor to accept such
open space.
E.
Site plan review. All cluster residential development shall be subject to § 225-25 of this chapter unless all uses in the development plan consist of single-family detached dwellings, in which case the development plan shall be subject to Chapter 198 of the Township Code.
[Amended 7-14-1993 by Ord. No. 30-1993]
I.
Landscaping requirements: pursuant to Chapter 94 of the Township Code, with the added requirement that all public street frontages and project entrance drives shall be planted with approved street trees spaced a maximum of 50 feet apart.
J.
Recreational requirements. All cluster development
shall provide adequate active and passive recreation designed for
the primary use of the development's residents in accordance with
the following regulations:
(1)
Active recreation, playground. A minimum area
of 1,500 square feet, plus 10 square feet for each dwelling unit,
shall be provided and so designed to provide an active recreational
facility for the primary use of persons aged 10 years or younger and
shall include, at a minimum, swings, a climber, a seating area for
adult supervision and other such similar equipment. The area shall
be fenced with a material compatible with the overall architectural
scheme of the development. The recreational area shall be centrally
located so as to provide equivalent access to all dwelling units.
(2)
Active recreation, adult. A minimum area of
1,500 square feet shall be provided up to the first 10 units and 150
square feet per unit for developments of 11 dwellings units or greater.
A jogging and walking path, a minimum width of five feet shall be
provided around the perimeter of the site and shall be connected to
the pedestrian circulation system. Developments in excess of 100 dwellings
units shall provide, at a minimum, a swimming pool, tennis court or
similar recreational facility which shall be centrally located to
provide nearly equal access from the furthest dwelling units.
(3)
Cash in lieu of facilities. The developer may
create a cash fund in lieu of constructing the required recreational
facility for units which are to be owner-occupied (fee-simple, condominium
or cooperative ownership), provided that the required land area is
set aside. The amount of the fund shall equal $500 per dwelling unit
and shall increase 7% per annum on the anniversary of the date of
passage of this chapter. The fund created by the developer shall become
an asset of the homeowners' association at its creation and shall
be used solely for the construction of recreational facilities on
the premises. The necessary agreement for the creation of the fund
and the restriction of its use shall be contained within the homeowners'
association documents. The specific section which contains the agreement
shall be reviewed and approved by the Township or Board Solicitor.
K.
Design standards. The following regulations shall
apply to all cluster residential developments unless, after due consideration
of plans, testimony and other submissions, the Planning Board or Zoning
Board waives strict compliance with the requirements of this section
in order to promote the purposes of this chapter.
(1)
Facades. The facade of the structure shall be
varied in such manner that no more than two townhouses and no more
than four garden apartments shall share the same facade at the building
line. Facades shall be uniform architecturally and shall not consist
of disparate materials. Individual dwellings shall be distinguished
from each other only by landscaping, lighting and variation in the
building line.
(2)
Laundry facilities. Adequate laundering and
drying facilities for clothing shall be provided within each structure
sufficient to serve its occupants, unless such facilities are provided
for each dwelling unit.
(3)
Pedestrian circulation. A pedestrian circulation
system shall be provided which connects parking areas, dwellings and
recreational facilities in a coherent and comprehensive pattern. The
pedestrian walkway shall be adequately illuminated at night and be
surfaced with a durable, dustless, all-weather material of a minimum
width of five feet.
(4)
Trash enclosures. Trash enclosures shall be
provided such that no disposal area is greater than 200 feet from
the entrance of any dwelling unit, unless individual trash storage
areas are provided for each dwelling unit. Trash enclosures shall
be constructed of masonry with welded steel gates compatible with
the architectural scheme of the development.
(5)
Units in structure. No more than eight townhouse
or 16 garden apartment dwelling units shall be contained in any one
structure.
(6)
Utilities. All utilities servicing the development
shall be located underground.
L.
Performance guaranty. A sufficient performance guaranty, pursuant to Chapter 198 of the Township Code, shall be posted prior to the issuance of any zoning or building permit.
[Amended 7-14-1993 by Ord. No. 30-1993]
M.
Certificate of occupancy. A certificate of occupancy
shall be required for each dwelling unit and shall be issued only
when the name, business address and telephone number of the manager,
building or project supervisor or other agent responsible for the
operation of the development is furnished to the Zoning Officer.