All development in the Pinelands Area shall comply with the procedures set forth in this article in addition to all other regulations of this chapter. All development shall also comply with all of the standards of Chapter 160.
The following terms shall apply to the Pinelands Area of Evesham Township. In the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area.
As used in this article, the following terms shall have the meanings indicated:
- APPROVAL AGENCY
- Any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits, zoning permits, building permits or other applications for development approval.
- CERTIFICATE OF FILING
- A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 and 4.82 that a complete application for major development has been filed.
- The Pinelands Commission created pursuant to § 5 of the Pinelands Protection Act (N.J.S.A. 13:18A-5).
- COMPREHENSIVE MANAGEMENT PLAN
- The plan adopted by the Commission pursuant to of the Pinelands Protection Act, as amended (N.J.S.A. 13:18A-8).
- The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including, but not limited to:
- (1) A change in type of use of a structure or land;
- (2) A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;
- (3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;
- (4) Commencement of resource extraction or drilling or excavation on a parcel of land;
- (5) Demolition of a structure or removal of trees;
- (6) Commencement of forestry activities;
- (7) Deposit of refuse, solid or liquid waste or fill on a parcel of land;
- (8) In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and
- (9) Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.
- DEVELOPMENT APPROVAL
- Any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70 which do not otherwise include issuance of a construction permit, subdivision or site plan approval or a change of use.
- DEVELOPMENT, MAJOR
- Any division of land into five or more developable lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet except as elsewhere exempted from regulation herein.
- DEVELOPMENT, MINOR
- All development other than major development.
- PUBLIC DEVELOPMENT
- Development, including subdivision, by any Township or other governmental agency.
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.
In addition to the other development review procedures of the Township of Evesham set forth in this chapter, the Subdivision Ordinance, the Site Plan Review Ordinance, and the Land Use Regulations Ordinance, all development located within the Pinelands Area shall comply with the procedures set forth in this article, except for the following and except as provided in Subsection C below:
The improvement, expansion, or reconstruction within five years of destruction or demolition of any single-family dwelling unit or appurtenance hereto;
The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;
The improvement, expansion, construction, or reconstruction of any lands or structure used exclusively for agricultural or horticultural purposes;
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
The repair of existing utility distribution lines;
The clearing of less than 1,500 square feet of land;
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that said addition or structure will be located on or below an existing impermeable surface, that the existing use is served by public sewers, and that said addition or structure will cover an area of no more than 1,000 square feet;
The demolition of any structure that is less than 50 years old;
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which have received all necessary approvals and permits;
The repair or replacement of any existing on-site wastewater disposal system;
The repaving of existing paved roads, provided no increase in the paved width of said roads will occur;
The clearing of land solely for agricultural purposes;
Fences, provided no more than 1,500 square feet of land is to be cleared;
Aboveground telephone equipment cabinets;
The following forestry activities:
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
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;
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
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;
Prescribed burning and the clearing and maintaining of fire breaks; or
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.
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.
Applications for approval of minor development located within the Pinelands Area shall be submitted with the following information, in addition to that which may be required by other provisions of this chapter or other ordinances:
The applicant's name and address and his interest in the subject property;
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
The legal description, including block and lot designation and street address, if any, of the subject property;
A description of all existing uses of the subject property;
A brief written statement generally describing the proposed development;
A USGS quadragle 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;
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:
On-site treatment facilities: location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
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 this chapter.
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;
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;
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;
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
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:
All applications for development approval shall be referred to the Environmental Commission for review and comment.
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 administrative officer that the application has been modified. Said notice shall contain:
The name and address of the applicant;
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
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;
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission;
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
The nature of the municipal approval being sought.
Hearings. Where a hearing 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 hearing. Such notice shall contain at least the following information:
The name and address of the applicant.
The application number of the certificate of filing, if any, issued by the Pinelands Commission and the date on which it was issued.
The date, time and location of the meeting, hearing or other formal proceeding.
The name of the approval agency or representative thereof which will be conducting the meeting, hearing or other formal proceeding.
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission.
The purpose for which the meeting, hearing or other formal proceeding is to be held.
Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals of development in the Pinelands Area, whether the approval occurs by action or inaction, by any approval agency. 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:
The name and address of the applicant.
The legal description and street address, if any, of the property which the applicant proposes to develop.
The application number of the certificate of filing issued by the Pinelands Commission, if any, and the date on which it was issued.
The date on which the approval agency's approval was issued.
Any written reports or comments received concerning the application for development approval not previously submitted.
Any revisions to the application not previously submitted to the Commission.
A copy of the resolution, permit, or other documentation of the approval or denial.
The names and addresses of all persons who actively participated in the proceedings.
Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 15-36C above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 et seq. The approval of the Township shall not be effective and no development shall be carried out prior to a determination as to 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:
Notification is received from the Pinelands Commission that review of the Township's approval is not required.
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 et seq., 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 of the Commission's actions, 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.
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 development proposed by the Township or any agency thereof shall 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 Article I of this chapter.
In amending this article, 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.