Borough of Folsom, NJ
Atlantic County
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Table of Contents
Table of Contents

§ 200-56 Zoning Officer to administer chapter.

The provisions of this chapter shall be administered by such person as may be designated Zoning Officer by the Borough Council.

§ 200-57 Duties of Zoning Officer.

The duties of the Zoning Officer shall be:
A. 
To examine all applications for permits;
B. 
To issue permits only for buildings and uses which are in conformity with the regulations of this chapter and of any subsequent amendments;
C. 
To record and file all applications for permits together with accompanying plans and documents and to maintain them as a public record;
D. 
Upon request from the Planning Board or other Borough body, to make available facts, records and any similar information which will assist such body in reaching a decision;
E. 
To keep this chapter and the Zoning Map up to date by appending any amendments or map changes as soon as they are enacted.

§ 200-58 Actions against violations.

A. 
When the Zoning Officer finds that any provision of this chapter is being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.
B. 
He shall order discontinuance of illegal use of land, building or structure; removal of illegal buildings or structures or of illegal additions, alterations or structural changes in existing buildings; discontinuance of any illegal work; or shall take any other action necessary to insure compliance with or to prevent violation of the provisions of this chapter.

§ 200-59 Enforcement.

No permit of any kind provided for by this chapter shall be granted by the Zoning Officer except in compliance with the provisions of this chapter or in compliance with a decision of the Planning Board or of the courts.

§ 200-60 Complaints regarding violations; violations and penalties.

A. 
Any person may file a written complaint against violation of this chapter. Such complaint, stating in full the causes and basis therefor, shall be filed with the Zoning Officer. He shall record such complaint properly, investigate immediately, and take action thereon as provided by this chapter.
B. 
Each day that such violation continues after notice from the Zoning Officer shall be considered a separate and specific violation of this chapter.
C. 
Violation; penalty.
[Added 5-20-2004 by Ord. No. 9-2004; amended 6-10-2009 by Ord. No. 05-2009]
(1) 
Any person who shall violate any of the provisions of this chapter, upon conviction, shall be subject to a fine of not more than $2,000, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Municipal Court Judge.
(2) 
Whenever a fine to be imposed is in an amount greater than $1,250, the owner shall be provided a thirty-day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has determined that the abatement has not been substantially completed.

§ 200-61 Action by Borough Attorney.

The Borough Attorney is hereby authorized, in addition to the other remedies set forth in the statutes of the State of New Jersey and in this chapter, to institute an action to enjoin or any other appropriate action or proceeding to prevent any unlawful construction, reconstruction, alteration, conversion or use.

§ 200-62 Appeals from decisions of Zoning Officer.

Appeal from a decision of the Zoning Officer shall be made directly to the Planning Board.

§ 200-63 Substandard lots.

A. 
Lots of record. Notwithstanding any other minimum lot area provision in this article, the owner of a parcel of land of an acre or more in any district shall be entitled to develop one detached single-family dwelling on the parcel, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(1) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(2) 
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
(3) 
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and
(4) 
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
B. 
Density transfer program. Detached single-family dwellings on 1.0-acre lots existing as of January 14, 1981, shall be permitted in the F-20, F-30, FC and RD Zones, provided that:
[Amended 4-8-1993 by Ord. No. 244]
(1) 
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
(a) 
Five and five-tenths acres if development is proposed in the RD Zone;
(b) 
Three and two-tenths acres if development is proposed in the FC Zone and all acquired noncontiguous lands are also located in the FC Zone;
(c) 
Fifteen and zero-tenths acres if development is proposed in the FC Zone and all acquired noncontiguous lands are located in the F-20 Zone;
(d) 
Twenty-two and zero-tenths acres if development is proposed in the FC Zone and all acquired noncontiguous lands are located in the F-30 Zone;
(e) 
Twenty and zero-tenths acres if development is proposed in the F-20 Zone and all acquired noncontiguous lands are also located in the F-20 Zone;
(f) 
Twenty-nine and five-tenths acres if development is proposed in the F-20 Zone and all acquired noncontiguous lands are located in the F-30 Zone; and
(g) 
Thirty and zero-tenths acres if development is proposed in the F-30 Zone.
(2) 
If the lot proposed for development is located in the RD Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located within the RD Zone;
(3) 
If the lot proposed for development is located in the FC Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located in the FC, F-20 or F-30 Zones;
(4) 
If the lot proposed for development is located in the F-20 Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located in the F-20 or F-30 Zones;
(5) 
If the lot proposed for development is located in the F-30 Zone, all lands acquired pursuant to Subsection B(1) above, which may or may not be developable, must be located in the F-30 Zone;
(6) 
All noncontiguous lands acquired pursuant to Subsections B(1) through (5) above are permanently dedicated as open space through recordation of a deed to the property with no further development permitted except agriculture, forestry and low-intensity recreational uses. Any such deed restriction shall be in a form to be approved by the Borough Solicitor and the Pinelands Commission;
(7) 
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
(8) 
The lot proposed for development otherwise meets the minimum standards of Article VII of this chapter.

§ 200-64 Pinelands development credits.

A. 
Pinelands development credits established.
(1) 
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses, or land otherwise excluded from entitlement in Subsection A(2) below, every parcel of land in the Agricultural District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a regional growth area within the Pinelands. Pinelands development credits may also be allocated to certain properties in the Borough by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 4-8-1993 by Ord. No. 244]
(2) 
Pinelands development credits are hereby established in the Agricultural District at the following ratios:
(a) 
Uplands which are undisturbed but approved for resource extraction pursuant to this chapter; two Pinelands development credits per 39 acres;
(b) 
Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: zero Pinelands development credits per 39 acres;
(c) 
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres;
(d) 
Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres;
[Amended 5-8-1997 by Ord. No. 213A]
(e) 
Other wetlands: 0.2 Pinelands development credits per 39 acres.
(3) 
The allocations established in Subsection A(2) above shall be reduced as follows:
[Amended 2-14-1991 by Ord. No. 228]
(a) 
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an improved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b) 
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(c) 
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to Subsection B(2) below or when a variance for cultural housing is approved by the Borough pursuant to § 200-65A(2) of this chapter.
[Amended 4-8-1993 by Ord. No. 244]
(d) 
The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credits for each dwelling unit approved when a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Added 4-8-1993 by Ord. No. 244]
(4) 
The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit at the same ratio established in Subsection A(2) above.
(5) 
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Agricultural District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to a member of the owner's immediate family.
[Amended 2-14-1991 by Ord. No. 228; 5-8-1997 by Ord. No. 213A]
(6) 
The provisions of Subsection A(5) above shall also apply to owners of record of less than 0.10 acre of land in the Agricultural District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsection A(2) above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Added 5-8-1997 by Ord. No. 213A]
B. 
Limitations on use of Pinelands development credit.
(1) 
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection E(2) below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 5-8-1997 by Ord. No. 213A]
(2) 
Notwithstanding the provisions of Subsection B(1) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Amended 2-14-1991 by Ord. No. 228]
(3) 
The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the property is located.
C. 
Pinelands development credit bonus multipliers. Pinelands development credits which are used for securing a density bonus for parcels of land located in a regional growth area shall yield a bonus of four dwelling units per credit.
D. 
Aggregation of development credits. Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a regional growth area, provided that the density does not exceed the limits of the density range specified in the municipal district in which the property is located.
E. 
Recordation of deed restriction.
(1) 
No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor, and the Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(2) 
Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
[Amended 2-23-1989 by Ord. No. 217; 2-14-1991 by Ord. No. 228; 4-8-1993 by Ord. No. 244]
(a) 
In the Agricultural District: agriculture; forestry; fish and wildlife management; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation; access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body; clearing of vegetation does not exceed 5% of the parcel; and no more than 1% of the parcel will be covered with impermeable surfaces; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; airports, and heliports accessory to agricultural uses and which are used exclusively for storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; and agricultural products processing facilities.
(b) 
In all other Pinelands zoning districts: agriculture; forestry; and low-intensity recreational uses.
F. 
Pinelands development credits shall be used in the following manner:
[Added 4-8-1993 by Ord. No. 244]
(1) 
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the VR or VI District is granted by the Borough, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;
[Amended 5-8-1997 by Ord. No. 213A[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
When a variance for cultural housing is granted by the Borough in accordance with § 200-65A(2) of this chapter; and
(3) 
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.41 et seq.
G. 
In no case shall a building or construction permit be issued for any development involving the use of Pinelands development credits until the developer has provided the Pinelands Commission and the Borough with evidence of his ownership of the requisite Pinelands development credits and those Pinelands development credits have been redeemed with the Borough.
[Added 4-8-1993 by Ord. No. 244]

§ 200-65 Other uses permitted in specific zones.

Uses permitted in specific zones are as follows:
A. 
Cultural housing.
(1) 
Detached single-family dwellings on 3.2-acre lots, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(a) 
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(b) 
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
(c) 
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
(d) 
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family have resided in the Pinelands for a total of at least 20 different years.
(2) 
Detached single-family dwellings on 1.0-acre lots, provided that:
[Added 4-8-1993 by Ord. No. 244]
(a) 
The applicant satisfies all of the requirements set forth in Subsection A(1) above;
(b) 
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;
(c) 
The applicant qualifies for and receives from the Township a variance from the 3.2-acre lot size requirement set forth in Subsection A(1) above;
(d) 
The applicant purchases and redeems 0.25 Pinelands development credit; and
(e) 
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 200-64A(3) of this chapter.
B. 
Recreational uses.
(1) 
Low-intensity recreational uses, provided that:
(a) 
The parcel proposed for development has an area of at least 50 acres;
(b) 
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c) 
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of frontage on the water body;
(d) 
The parcel will contain no more than one campsite per two acres;
(e) 
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(f) 
No more than 1% of the parcel will be covered with impermeable surfaces.
C. 
Institutional uses, provided that:
(1) 
The use does not require or will not generate subsidiary or satellite development in the Forest Districts;
[Amended 2-23-1989 by Ord. No. 217]
(2) 
The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and
(3) 
The use is primarily designed to serve the needs of the Forest District in which the use is to be located.
D. 
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
[Amended 5-8-1997 by Ord. No. 213A]
(1) 
The parcel proposed for development has an area of at least five acres;
(2) 
The principal raw material for the proposed use is found or produced in the Pinelands; and
(3) 
The use does not require or will not generate subsidiary or satellite development in the district in which it is located.
E. 
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
(1) 
The principal goods or products available for sale were produced in the Pinelands; and
(2) 
The sales area of the establishment does not exceed 5,000 square feet.
F. 
Roadside retail sales and service establishments, provided that:
(1) 
The parcel proposed for development has roadway frontage of at least 50 feet;
(2) 
No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and
(3) 
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
G. 
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Forest Districts, Agricultural District and Rural Development District only in accordance with § 200-47B(2).
[Amended 2-23-1989 by Ord. No 217; 5-8-1997 by Ord. No. 213A]

§ 200-66 Development application procedures.

A. 
Applicability of procedures.
(1) 
No person shall carry out any development within the Borough without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this section.
[Amended 2-23-1989 by Ord. No. 217]
(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 thereof;
(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 5-8-1997 by Ord. No. 213A]
(f) 
The clearing of less than 1,500 square feet of land;
(g) 
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;
[Amended 2-23-1989 by Ord. No. 217]
(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 5-8-1997 by Ord. No. 213A]
(j) 
The repair or replacement of any existing on-site wastewater disposal system;
[Added 5-8-1997 by Ord. No. 213A]
(k) 
The repaving of existing paved roads, provided no increase in the paved width of said roads will occur;
[Added 5-8-1997 by Ord. No. 213A]
(l) 
The clearing of land solely for agricultural purposes;
[Added 5-8-1997 by Ord. No. 213A]
(m) 
Fences, provided no more than 1,500 square feet of land is to be cleared;
[Added 5-8-1997 by Ord. No. 213A]
(n) 
Aboveground telephone equipment cabinets;
[Added 5-8-1997 by Ord. No. 213A]
(o) 
Tree pruning;
[Added 5-8-1997 by Ord. No. 213A]
(p) 
The following forestry activities:
[Added 5-8-1997 by Ord. No. 213A]
[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; or
[Added 5-8-1997 by Ord. No. 213A]
(r) 
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 200-43C or § 170-10C(3)(e) of Chapter 170, Subdivision and Land Development.
[Added 5-8-1997 by Ord. No. 213A]
(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 municipal 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. 
Application requirements for minor development.
(1) 
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 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;
(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, 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: location size, type and capacity of any proposed on-site wastewater treatment facilities; and
[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 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 § 200-47.
(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, wetlands, 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 Agriculture 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; and
(l) 
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to § 200-66E.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Application requirements for other development.
(1) 
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:
(a) 
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
(b) 
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to § 200-66E.
(2) 
An application for approval of forestry operations shall be subject to the application requirements set forth in § 200-45.
(3) 
An application for approval of forestry operations shall be subject to the application requirements set forth in § 200-51.
D. 
Notices to the Pinelands Commission.
(1) 
Application submission and modifications. Written notification will be given by the Borough to the Pinelands Commission within seven days after a determination is made by the Borough that an application for development is complete or if a determination is made by the Borough approval agency that the application has been modified. Said notice shall contain:
(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 on which the application, or any change thereto, was filed and any docket number or other identifying number assigned to the application by the approval agency;
(d) 
Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission;
(e) 
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
(f) 
The nature of the municipal approval being sought.
(2) 
Hearings. Where a hearing of an application for development approval in the Borough 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:
(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; and
(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 Borough, 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:
(a) 
The name and address of the applicant;
(b) 
The legal description and street address, if any, of the property which the applicant proposes to develop;
(c) 
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued, if any;
(d) 
The date on which the approval agency's approval or denial was issued;
(e) 
Any written reports or comments received concerning the application for development approval not previously submitted;
(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 which was granted; and
(h) 
The names and addresses of all persons who actively participated in the proceedings.
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 N.J.A.C. 7:50-4.42. The approval of the Borough 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) 
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.
F. 
Condition on prior approvals of the Borough.
(1) 
Where a prior approval has been granted by any approval agency, 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 prior local approval is not required; or
(b) 
Review of the prior local approval has been completed pursuant to N.J.A.C. 7:50-4.27 to 4.42 and a final order regarding the approval is received by the Borough from the Pinelands Commission.
G. 
Effect of Pinelands Commission's decision on Borough's approval. If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency and the agency shall thereafter within 30 days 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.
H. 
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Borough involving the development of land in the Borough pursuant to N.J.A.C. 7:50-4.23.
[Amended 2-23-1989 by Ord. No. 217]
I. 
Public development. All development proposed by the Borough 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 this chapter.
J. 
Environmental Commission review. All applications for major development, forestry, and resource extraction shall be referred to the Environmental Commission for review and comment.
K. 
Amendments. In amending the Borough Master Plan or the Zoning, Subdivision and Site Plan Ordinances, the Borough shall comply with all of the requirements of N.J.A.C. 7:50-3.45.

§ 200-67 Incorporation of Zoning Map and Schedule of Limitations.

[Amended 2-23-1989 by Ord. No. 217]
The Zoning Map and Schedule of Limitations (Table I, Use, Area, Yard and Bulk Regulations) are incorporated as part of this chapter.[1]
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.