[Added 8-10-1982 by Ord. No. O-17-82; amended 5-9-1989 by Ord. No. O-4-89]
[Amended 10-24-1989 by Ord. No. O-17-89]
A.
No person shall carry out any development within the
Pinelands Area without obtaining development approval from an approval
agency.
B.
Except as provided in Subsection 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 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 11-25-1997 by Ord. No. O-15-97]
(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 4-9-2019 by Ord.
No. O-4-19]
(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.
[Added 11-25-1997 by Ord. No. O-15-97]
(10)
The repair or replacement of any existing on-site
wastewater disposal system.
[Added 11-25-1997 by Ord. No. O-15-97]
(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 11-25-1997 by Ord. No. O-15-97; amended 4-9-2019 by Ord. No. O-4-19]
(12)
The clearing of land solely for agricultural
or horticultural purposes.
[Added 11-25-1997 by Ord. No. O-15-97; amended 4-9-2019 by Ord. No. O-4-19]
(13)
Fences, provided that no more than 1,500 square
feet of land is to be cleared.
[Added 11-25-1997 by Ord. No. O-15-97]
(14)
Aboveground telephone equipment cabinets.
[Added 11-25-1997 by Ord. No. O-15-97]
(15)
Tree pruning.
[Added 11-25-1997 by Ord. No. O-15-97]
(16)
The following forestry activities:
[Added 11-25-1997 by Ord. No. O-15-97]
(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.
[Added 11-25-1997 by Ord. No. O-15-97]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to §§ 253-33B, 253-48K or 253-73C (preliminary approval of a site plan, subdivision, and/or conditional use; development plan requirements, major development, excepting minor subdivision applications).
[Added 11-25-1997 by Ord. No. O-15-97]
(19)
The installation of an accessory solar energy facility on any
existing structure or impervious surface.
[Added 4-9-2019 by Ord.
No. O-4-19]
(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 4-9-2019 by Ord.
No. O-4-19]
(21)
The establishment of a home occupation within an existing dwelling
unit or structure accessory thereto, provided that no additional development
is proposed.
[Added 4-9-2019 by Ord.
No. O-4-19]
(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 4-9-2019 by Ord.
No. O-4-19]
C.
The exceptions contained in Subsection 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 Pineland Commission pursuant to this section.
Any application for approval of minor development
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.
F.
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 and the zoning designation are shown.
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 sanitary facilities:
(1)
On-site treatment facilities: the location, size,
type and capacity of any proposed on-site wastewater treatment facilities.
(2)
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 and 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 § 253-77.
H.
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
wetland, streams (including intermittent streams), rivers, lakes and
other water bodies and existing roads.
I.
A soils map, including a county soils survey which
conforms to the guidelines of the United States Department of Agricultural
Soil Conservation Service, showing the location of all proposed development.
J.
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.
K.
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.
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:
(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 Commission pursuant
to the Interim Rules and Regulations.
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:
[Amended 4-9-2019 by Ord.
No. O-4-19]
(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.
(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:
[Amended 4-9-2019 by Ord.
No. O-4-19]
(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.
(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:
[Amended 4-9-2019 by Ord.
No. O-4-19]
(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.
(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.
Condition on preliminary approvals. Where a prior
approval has been granted, 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 township's prior approval is not required.
(2)
Review of the township's prior approval has been completed
pursuant to N.J.A.C. 7:50-4.37 through 4.42, and a subsequent order
regarding the approval is received by the township from the Pinelands
Commission.
The Pinelands Commission may participate in
a hearing held in Franklin Township involving the development of land
in the Pinelands Protection Area pursuant to N.J.A.C. 7:50-4.36.
A.
Upon receipt of the notice of approval by the Pinelands Commission pursuant to § 253-64 above, the application for development shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.43. 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 has decided to review the application for development, no development shall be carried out until such review has been completed.
B.
Although the Pinelands Commission shall be notified
of all the denials, no such denial actions are subject to further
review and action by the Pinelands Commission.
C.
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.
[Amended 10-24-1989 by Ord. No. O-17-89]
[Amended 9-12-1995 by Ord. No. O-13-95]
If the Pinelands Commission disapproves an application for development previously approved by an approving authority, such approval shall, within 30 days of the Commission's action, be revoked by the approving authority, and the agency 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 subsequent approval of the application is required, shall grant subsequent 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 § 253-70, the requirements of this § 253-67 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 10-24-1989 by Ord. No. O-17-89]
In amending this chapter, the township's Master
Plan or any other ordinance regulating the use of land, the township
shall comply with all the requirements of N.J.A.C. 7:50-3.45.
[Added 9-12-1995 by Ord. No. O-13-95]
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 Pinelands Area of the Township of Franklin.
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, address and his or her
interest in the subject property.
(b)
The applicant's signed certification that he
or she is duly authorized to submit the application, that the materials
and information are accurate, and that duly authorized representatives
of the Township of Franklin 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.
(h)
If proposed, certification that central sewer
and/or water service is available.
(2)
The Zoning Officer is authorized to require such additional
information as may be necessary to determine compliance with this
chapter. Such may include, but is not limited to, a soil boring in
the area of any proposed septic system disposal field, a wetland and
wetland buffer map and information to determine compliance with any
permitted use requirement of this chapter.
(3)
The Zoning Officer is authorized to waive any of the
aforementioned application requirements if the information is not
necessary to determine compliance with this chapter.
(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. Within 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:
(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
this chapter 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 issuances of the permit. The Pinelands Commission
shall act within 15 days of receipt.
E.
Effect of preliminary zoning permit.
(1)
A preliminary zoning permit represents a determination
that the application meets the requirements of this chapter 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 Code of the Township of Franklin
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 Code of the Township of
Franklin is required;
(b)
A waiver of strict compliance from the Pinelands
Comprehensive Management Plan is required;
(c)
The Zoning Officer determines that the application
does not meet the requirements of this chapter; 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.
(3)
When a refusal to issue a preliminary zoning permit
is predicated solely upon the need to obtain a variance, the Zoning
Officer shall provide copies 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 Subsection 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 §§ 253-64 through 253-67 of the Code of the Township of Franklin. 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.
