[Amended 4-10-1989 by Ord. No. 7-1989; 11-19-2018 by Ord. No. 42-2018]
A. Applicability of procedures.
(1) No person shall carry out any development without obtaining approval from an approving authority and without obtaining development approval in accordance with the procedures set forth in this section.
(2) Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this chapter:
(a) The improvement, expansion or reconstruction within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto.
(b) The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling.
(c) The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes.
(d) The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign.
(e) The repair of existing utility distribution lines.
[Amended 7-28-1997 by Ord. No. 10-1997]
(f) The clearing of less than 1,500 square feet of land.
(g) The construction of any addition or accessory structure for any non- residential use or any multi-family residential structure provided that:
[Amended 6-12-1989 by Ord. No. 19-1989]
[1] 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
[2] 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.
(h) The demolition of any structure that is less than 50 years old.
(i) 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 7-28-1997 by Ord. No. 10-1997]
(j) The repair or replacement of any existing on-site wastewater disposal system.
[Added 7-28-1997 by Ord. No. 10-1997]
(k) 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 7-28-1997 by Ord. No. 10-1997]
(l) The clearing of land solely for agricultural or horticultural purposes.
[Added 7-28-1997 by Ord. No. 10-1997]
(m) Fences, provided that no more than 1,500 square feet of land is to be cleared.
[Added 7-28-1997 by Ord. No. 10-1997]
(n) Aboveground telephone equipment cabinets.
[Added 7-28-1997 by Ord. No. 10-1997]
(o) Tree pruning.
[Added 7-28-1997 by Ord. No. 10-1997]
(p) The following forestry activities:
[Added 7-28-1997 by Ord. No. 10-1997]
[1] Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
[2] 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;
[3] 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
[4] 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.
(q) Prescribed burning and the clearing and maintaining of fire breaks.
[Added 7-28-1997 by Ord. No. 10-1997]
(r) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 175-136E.
[Added 7-28-1997 by Ord. No. 10-1997]
(s) The installation of an accessory solar energy facility on any existing structure or impervious surface.
(t) 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.
(u) The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
(v) 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.
(3) The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4) 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.
B. Minor development application 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 and building types of the subject property.
[Amended 11-28-2011 by Ord. No. 23-2011]
(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 and the Pinelands management area 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: The location, size, type and capacity of any proposed on-site wastewater treatment facilities.
(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 groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in Article XII 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.
(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.
(12) When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to this section.
C. Certificate of filing other application requirements.
(1) No application for approval of any development located within the Pinelands Area shall be deemed complete without receipt of a certificate of filing from the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.
(2) Any application for approval of major development, except for forestry operations, shall include at least the following information:
(a) The applicant's name and address and his interest in the subject property.
(b) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c) The legal description, including block and lot designation and street address, if any, of the subject property.
(d) A description of all existing uses of the subject property.
(e) 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.
[Amended 7-28-1997 by Ord. No. 10-1997]
(f) A written statement addressing each of the standards or guidelines set forth in this chapter; and stating specifically how the proposed development meets each such standard or guideline.
(g) 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:
[1] Sanitary sewer distribution: The 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.
[2] On-site treatment facilities: The 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.
[3] 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 groundwater was encountered and estimating the seasonal high-water table.
[4] The proposed hours and days of operation and number of employees of any nonresidential facility.
(h) A project site base map, at a scale of no less than one inch to 200 feet and including the areas 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, 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.
(i) 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.
(j) A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals.
(k) 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 chapter. This map should be prepared prior to any engineering, site layout or design work.
(l) 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.
(m) A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations and the applicant's proposed stormwater run-off 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.
(n) 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.
(o) A landscaping schedule and plan on a map, of the same size and scale as the project site base map, 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 months of the completion of construction and demonstrating that the landscaping will stabilize soils.
(p) All public service infrastructure agreements or other documentation evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure.
(q) The cultural resources survey described in § 175-21.
(r) A list of all permits required for the proposed development from county, municipal, state and federal agencies.
(s) 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.
(t) When prior approval for the development has been granted by the approving authority, evidence of Pinelands Commission review pursuant to this section.
(3) Any application for approval of forestry operations shall be subject to the requirements of § 175-104A.
D. Notices to the Pinelands Commission.
(1) Notice of application submission and modification. Written notification shall be given by the town approval agency, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the approval agency that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Such notice shall contain:
(a) The name and address of the applicant.
(b) The legal description and street address, if any, of the property which the applicant proposed to develop.
(c) A brief description of the proposed development including uses and intensity of uses proposed. A brief description of the building types proposed shall be included if development is located within Downtown Districts or Gateway Districts.
[Amended 11-28-2011 by Ord. No. 23-2011]
(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 plan or reports.
(h) The nature of the municipal approval or approvals being sought.
(2) Notice of hearings and meetings. 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 not less than 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 which 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 which have not been previously submitted to the Commission.
(f) The purpose for which the meeting, hearing or other formal proceeding is to be held.
(3) Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals or 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 property that the applicant proposed 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.
(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.
(4) Except as provided in § 175-61, the requirements of this Subsection D 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 5-22-1995 by Ord. No. 12-1995]
E. Review by the Pinelands Commission.
(1) Upon receipt by the Pinelands Commission of a notice of approval pursuant to Subsection D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through 7:50-4.42. The approval of the town 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) 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 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.
(4) Except as provided in § 175-61, the requirements of this Subsection E 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 5-22-1995 by Ord. No. 12-1995]
F. Condition on prior approvals of the town. Where a prior approval has been granted by the town, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1) Notification is received from the Pinelands Commission that review of the town's approval is not required; or
(2) Review of the town'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 town from the Pinelands Commission.
G. Effect of Pinelands Commission decision on town's approval.
(1) If the Pinelands Commission disapproves an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority within 30 days, and the approving authority shall thereafter deny approval of the application. If the Commission approves the decision of an approving authority subject to conditions, the approving authority 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.
(2) Except as provided in § 175-61, the requirements of this Subsection G 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 5-22-1995 by Ord. No. 12-1995]
H. Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the town 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 and forestry shall be referred to the Environmental Commission for review and comment.
J. Public development. All development proposed by the town 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 Articles XII and XIII of this chapter.
K. Amendments. In amending the town's Master Plan or this chapter, the town shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
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