[Amended by Ord. No. 1997-10]
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 chapter.
B.
Except as provided in Subsection C of this section, the following chapter shall not be subject to the procedures set forth in this chapter:
(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
or any multifamily residential structure use, provided that such addition
or structure will be located on or below an existing impermeable surface,
that the existing use is served by public sewers, and that such addition
or structure 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.
C.
The exceptions contained in Subsection B of this section shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing in this chapter 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 chapter.
A.
Any application for approval of minor development shall include at
least the following information:
(1)
The applicant's name and address and his/her 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 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 XI 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,
if any, adjoining and adjacent to the subject property, existing facilities,
buildings and structures on the sites 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 Natural
Resources 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
[Amended by Ord. No. 1997-10]
A.
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/her 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;
(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 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; and
(d)
The proposed hours and days of operation and number of employees
of any nonresidential facility.
(8)
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;
(9)
A soils map including a county soils survey in conformance with
the guidelines of the United States Department of Agriculture Natural
Resources 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-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 area; 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 stormwater 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 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, identifying the species of plants to be installed and 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. The landscaping plan shall incorporate the elements set forth in § 410-87D;
(16)
All public service infrastructure agreements, or other documentation,
evidencing the availability of electric, gas, water, sewer and other
necessary public service infrastructure;
(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
A.
Application submission and modifications. Written notification will
be given by the Township to the Pinelands Commission within seven
days after a determination is made by the Township that an application
for development is complete or if a determination is made by the approval
agency that the application has been modified. Said notice shall contain:
(1)
The name and address of the applicant;
(2)
The applicant number of the certificate of filing issued by
the Pinelands Commission and the date on which it was issued;
(3)
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;
(4)
Any written reports or comments received by the approval agency
on the application for development which have not been previously
submitted to the Commission;
(5)
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; and
(6)
The nature of the municipal approval 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 regular mail or delivery of the same to the principal
office of the Commission at least five days prior to such meeting
or hearing. 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 which
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 which 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 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 give notice by certified 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 property
which 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, if any;
(4)
The date on which the approval agency's approval or denial was
issued;
(5)
Any written reports or comments received concerning the application
for development approval not previously submitted to the Commission;
(6)
Any revisions to the application not previously submitted to
the Commission;
(7)
A copy of the resolution, permit, or other documentation of
the approval or denial which was granted; and
(8)
The name and addresses of all persons who actively participated
in the proceedings.
A.
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 410-101C, 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.
B.
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.
C.
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 4.42 and a final order regarding the approval
is received by the Township from the Pinelands Commission.
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 has 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.
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.
All applications for major development, forestry, and resource
extraction shall be referred to the Environmental Commission for review
and comment.
In amending the Township's Master Plan or this chapter, the
Township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
