Township of Jackson, NJ Article VII Pinelands Area Requirements

§ 244-64 Applicability; conformance.

A. The provisions of this article shall apply only to the Pinelands Area portion of Jackson Township and shall be considered supplemental to the requirements of the balance of the chapter. Lands within the Pinelands Area of Jackson Township, as defined herein, shall be subject to all provisions of this chapter. Where a requirement or definition in this article conflicts with other provisions of this chapter, the provisions of this article shall supersede the conflicting provisions of this chapter.

B. No development in the Pinelands Area of Jackson Township shall be carried out except in conformance with the provisions of this article and the standards set forth elsewhere in this chapter. No person shall carry out any development within the Pinelands Area without obtaining development approval in accordance with the procedures set forth in this article.

§ 244-65 Definitions.

A. The following terms utilized in this article are used as defined in the New Jersey Pinelands Comprehensive Management Plan, adopted by the New Jersey Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.):

[Amended 12-30-1996 by Ord. No. 27-96; 3-12-2019 by Ord. No. 07-19]

	Accessory structure or use
	Agricultural commercial establishment
	Agricultural employee housing
	Agricultural or horticultural purpose or use
	Agricultural products processing facilities
	Agricultural service establishment
	Animals, threatened or endangered
	Camper
	Campsite
	Certificate of appropriateness
	Certificate of filing
	Certificate of conformity
	Commencement of construction
	Commission
	Comprehensive management plan
	Contiguous lands
	Density
	Development
	Development, major
	Development, minor
	Drainage
	Electric distribution lines
	Electric transmission line
	Enlargement
	Erosion
	Executive Director
	Federal Act
	First-order stream
	Fish and wildlife management
	Floodplain
	Floor area
	Forestry
	Forestry management plan
	Habitat
	Height
	Historic District
	Historic resource
	Hydrophyte
	Immediate family
	Impermeable surface
	Institutional uses
	Interested person
	Land
	Landfill
	Landscaping
	Leachate collector
	Local communications facility
	Mobile home
	Navigable water
	Off-site commercial advertising sign
	Parcel
	Pinelands
	Pinelands Area
	Pinelands Protection Act
	Pinelands resource-related use
	Plants, threatened or endangered
	Preservation area
	Protection area
	Recommended management practice
	Preapplication conference
	Public services
	Record tree
	Recreational facility, intensive
	Recreational facility, low-intensive
	Resource conservation plan
	Resource extraction
	Scenic corridors
	Seasonal high water table
	Sign
	Solar energy facility
	Structural alteration
	Structure
	Submerged lands
	Utility distribution line
	Vegetation
	Wetlands and wetlands soils

B. As used in this article, the following terms shall have the meanings indicated:

ALTERNATE-DESIGN PILOT PROGRAM TREATMENT SYSTEM

An individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, and that has been approved by the Pinelands Commission for participation in the alternate-design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.

[Added 9-22-2003 by Ord. No. 28-03; amended 3-12-2019 by Ord. No. 07-19]

APPLICATION FOR DEVELOPMENT

Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 244-67.

APPROVAL AGENCY

Any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.

DEVELOPMENT APPROVAL

Any approval granted by the Commission pursuant to N.J.A.C. 7:50-4, Part II, Part III or Part IV.

[Amended 12-30-1996 by Ord. No. 27-96]

DEVELOPMENT, MAJOR

Any division of land into five or more 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.

DEVELOPMENT, MINOR

All development other than major development.

DEVELOPMENT PERMIT

A document signed by the Construction Code Official, which is required by this article as a condition precedent to the commencement of development within the Pinelands Area, Jackson, and which acknowledges that such development complies with the provisions of this article or variance therefrom duly authorized by a municipal agency and approved by the Pinelands Commission.

INTERIM RULES AND REGULATIONS

The regulations adopted by the Pinelands Commission, pursuant to the Pinelands Protection Act, to govern the review of the applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.

PINELANDS AREA, JACKSON TOWNSHIP

That area of Jackson Township designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.).

PINELANDS DEVELOPMENT CREDITS

A use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on land within the Pinelands designated to receive such credits.

PINELANDS DEVELOPMENT REVIEW BOARD

The agency responsible from February 8, 1979, until June 28, 1979, for the review of an action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.

PUBLIC DEVELOPMENT

Development, including subdivision, by any Township or other governmental agency.

§ 244-66 Development permit required.

No person shall carry out any development, as defined in this article, within the Pinelands Area, Jackson Township, without first obtaining a development permit certifying compliance with the procedures set forth in § 244-23 and this article.

§ 244-67 Exempt development.

A. For the purposes of this article, except as provided in § 244-67C below, the following developments shall not be subject to Commission notification and review requirements of this article, and development permits approved by the Construction Code Official shall take effect immediately:

(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 12-30-1996 by Ord. No. 27-96]

(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 3-12-2019 by Ord. No. 07-19]

(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 12-30-1996 by Ord. No. 27-96]

(10) The repair or replacement of any existing on-site wastewater disposal system;

[Added 12-30-1996 by Ord. No. 27-96]

(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 12-30-1996 by Ord. No. 27-96; amended 3-12-2019 by Ord. No. 07-19]

(12) The clearing of land solely for agricultural or horticultural purposes.

[Added 12-30-1996 by Ord. No. 27-96; amended 3-12-2019 by Ord. No. 07-19]

(13) Fences, provided that no more than 1,500 square feet of land is to be cleared;

[Added 12-30-1996 by Ord. No. 27-96]

(14) Aboveground telephone equipment cabinets;

[Added 12-30-1996 by Ord. No. 27-96]

(15) Tree pruning;

[Added 12-30-1996 by Ord. No. 27-96]

(16) The following forestry activities:

[Added 12-30-1996 by Ord. No. 27-96]

(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; or

[Added 12-30-1996 by Ord. No. 27-96]

(18) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 244-28B(20) or 244-77B(15).

[Added 12-30-1996 by Ord. No. 27-96]

(19) The installation of an accessory solar energy facility on any existing structure or impervious surface.

[Added 3-12-2019 by Ord. No. 07-19]

(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 3-12-2019 by Ord. No. 07-19]

(21) The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.

[Added 3-12-2019 by Ord. No. 07-19]

(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 3-12-2019 by Ord. No. 07-19]

B. The exceptions contained in Subsection A(1) through (8) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

C. 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.

§ 244-68 Development approval procedures.

A. Certificate of filing required for completeness. In addition to the requirements for a complete application of §§ 244-28, 244-30 and 244-31, no application for development approval within the Pinelands Area, Jackson Township, shall be deemed complete unless a certificate of filing issued by the Executive Director of the Pinelands Commission has been received by the approving authority.

B. 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 3-12-2019 by Ord. No. 07-19]

(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.

C. 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 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 3-12-2019 by Ord. No. 07-19]

(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.

D. 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 3-12-2019 by Ord. No. 07-19]

(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.

E. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 244-68D and to the New Jersey Pinelands development credit bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 12-30-1996 by Ord. No. 27-96; 12-23-2002 by Ord. No. 50-02]

F. Except as provided in § 244-78, the requirements of § 244-68 shall not apply to the issuance of a preliminary zoning permit or refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.

[Added 3-23-1998 by Ord. No. 9-98]

§ 244-69 Review by Pinelands Commission.

A. Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 244-68D above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.36 through 7:50-4:42. The approval and denial 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. 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.

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.

D. Except as provided in § 244-78, the requirements of § 244-69 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 3-23-1998 by Ord. No. 9-98]

§ 244-70 Prior approvals.

A. 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:

(1) Notification is received from the Pinelands Commission that the review of the Township's approval is not required; or

(2) Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding the approval is received by the Township from the Pinelands Commission.

B. Except as provided in § 244-78, the requirements of § 244-70 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 3-23-1998 by Ord. No. 9-98]

§ 244-71 Effect of Pinelands Commission decision on Township approval.

[Amended 3-23-1998 by Ord. No. 9-98]

All development applications approved by the approval agency shall be conditioned upon approval of said application by the Pinelands Commission. If it is determined pursuant to § 244-69 that the approval will not be reviewed by the Commission, that condition shall be deemed to have been met. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously conditionally 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. If the Commission disapproves an application for development previously approved by an approving authority, the approval shall be revoked by the approving authority within 30 days, and the authority shall thereafter deny approval of the application. Except as provided in § 244-78, the requirements of this section 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.

§ 244-72 Participation of Pinelands Commission in public hearings.

[Amended 12-30-1996 by Ord. No. 27-96]

The Pinelands Commission may participate in a hearing held in the Township involving the development of lands in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

§ 244-73 Referral of applications.

All applications for development approval shall be referred to the Environmental Commission for review and comment.

§ 244-74 Public development.

[Amended 12-30-1996 by Ord. No. 27-96]

All development proposed by the Township or any agency thereof will comply with all requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Articles III, IV, V, IX, X and XII of this chapter and §§ 244-70 and 244-71 of this article.

§ 244-75 Amendments.

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.

§ 244-76 Waiver of strict compliance.

A. The procedures and standards established by this article and the Pinelands Comprehensive Management Plan and applicable to all development within the Pinelands Area, Jackson Township, shall be in effect and enforceable unless a waiver of strict compliance shall have been obtained from the Pinelands Commission in accordance with the provisions of N.J.A.C. 7:50-4.61 et seq.

[Amended 12-30-1996 by Ord. No. 27-96]

B. A duplicate copy of any application for waiver of strict compliance filed with the Pinelands Commission shall be submitted to the Township Clerk by the applicant within five days of filing with the Commission.

C. The applicant shall provide a copy of the Executive Director's written notification of decision on any application for waiver of strict compliance within 10 days of such decision.

§ 244-77 Supplemental information requirements.

A. Any application for approval of minor development, including minor site plans, shall include at least the following information, in addition to that required by § 244-24 or 244-26 for subdivision applications and § 244-28 or 244-30 for site plan applications:

(1) The applicant's name and address and his interest in the subject property;

(2) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

(3) The legal description, including block and lot designation, and street address, if any, of the subject property;

(4) A description of all existing uses 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 are shown the boundaries of the subject property, the Pinelands Management Area designation and the zoning designation;

(7) A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

(a) On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities; 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 a 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 § 244-79.

(8) A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;

(9) A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;

(10) A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;

(11) A certificate of filing from the Pinelands Commission, issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission, pursuant to the interim rules and regulations; and

(12) When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review, pursuant to § 244-69.

(13) In lieu of Subsection A(1) through (12) above, the application requirements of § 244-78 shall apply to applications for the development of a single-family dwelling on an existing lot of record.

[Added 3-23-1998 by Ord. No. 9-98]

B. All applications for major site plans and major development, other than forestry and resource extraction operations, shall provide the following information, in addition to that required by § 244-26 for subdivision applications and § 244-30 for site plan applications:

(1) The applicant's name and address, and his interest in the subject property.

(2) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

(3) The legal description, including block and lot designation and street address, if any, of the subject property.

(4) A description of all existing uses 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.

[Amended 12-30-1996 by Ord. No. 27-96]

(6) A written statement addressing each of the standards or guidelines set forth in Chapter 244, Article VII, and § 244-79, and stating specifically how the proposed development meets each such standard or guideline.

(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: the location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;

(b) On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;

(c) Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests, in accordance with the requirements of N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered and estimating the seasonal high water table; 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 Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map.

(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 areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; 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 the applicant's right, title or interest in any Pinelands development credits, and any existing or proposed deed restrictions or easements relating to the subject parcel.

(15) A landscaping or revegetation plan which incorporates the elements set forth in § 244-79B(4).

[Amended 12-30-1996 by Ord. No. 27-96]

(16) All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure.

(17) The cultural resources survey described in § 244-79K.

(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.

(20) When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review, pursuant to § 244-69.

C. An application for approval of forestry operations shall be subject to the application requirements set forth in § 244-79D.

D. An application for approval of resource extraction operations shall be subject to the application requirements set forth in § 244-79F.

§ 244-78 Application procedures for development of single-family dwellings.

[Added 3-23-1998 by Ord. No. 9-98]

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.

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 and address and his interest in the subject property.

(b) The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate and that duly authorized representatives of the Township of Jackson 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.

[3] The location of all yards and setbacks required pursuant to §§ 244-81 through 244-94.

[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.

[9] The location of any proposed water supply well.

(h) If proposed, certification that central sewer and/or water service are available.

(i) If development of the property is proposed in accordance with the density transfer programs of § 244-82A(10), 244-83A(10), 244-84A(9), 244-85A(6) or 244-88A(2), the street address, if any, the Tax Map street, block and lot number and acreage in square feet of the noncontiguous property.

(2) The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 244. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter 244.

(3) The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 244.

(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:

(a) The application is consistent with the requirements of Chapter 244 or any necessary variance from those requirements has been obtained.

(b) No waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary or any such waiver has been approved by the Pinelands Commission.

(c) A duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.

(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 Chapter 244 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 issuance of the permit.

E. Effect of preliminary zoning permit.

(1) A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 244 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 Chapter 244 of the Code of Jackson Township 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.

(3) Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decision requirements of §§ 244-68D, 244-69, 244-70 and 244-71.

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 Chapter 244 of the Code of Jackson Township is required.

(b) A variance from Chapter 244 of the Code of Jackson Township is not required but the Zoning Officer determines that the application does not meet any requirement of Chapter 244 that reflects a provision of the Pinelands Comprehensive Management Plan.

(c) A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required.

(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. If the refusal is predicated solely upon the need to obtain a variance from Chapter 244, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection D above.

(3) When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 244, the Zoning Officer shall provide a copy 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 §§ 244-68 through 244-71 of the Code of Jackson Township. 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.

G. Zoning Officer vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in § 244-78 shall be of no force or effect and the procedures of §§ 244-68 through 244-77 shall apply until the position has been filled.

§ 244-79 Design standards and management programs.

The minimum standards and management programs of this section shall be applicable to all proposed development in the Pinelands Area, Jackson Township. These standards shall be deemed supplemental to the standards and requirements applicable to development in the non-Pinelands areas of the Township. In the case of conflict with other standards of this article, the design standards and management programs contained in this section shall supersede all other requirements and standards.

A. Wetlands. Development shall be prohibited in all wetlands and wetlands transition areas, except as specifically authorized below:

[Amended 4-12-1993 by Ord. No. 10-93]

(1) Horticulture of native Pinelands species and berry agriculture shall be permitted in all wetlands, subject to the requirements of N.J.A.C. 7:50-6.5. Beekeeping shall also be permitted in all wetlands.

(2) Forestry shall be permitted in all wetlands, subject to the requirements of N.J.A.C. 7:50-6.4 of the Comprehensive Management Plan.

(3) Fish and wildlife management activities shall be permitted in all wetlands subject to the minimum standards of this section, provided that the management activity does not have a significant adverse impact, as set forth in N.J.A.C. 7:50-6.7, on the wetland in which the activity is carried out, and provided that the activity conforms to all state and federal regulations.

(4) Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland, as set forth in § 244-79A(8) below.

(5) Docks, piers, moorings and boat launches for the use of a landowner shall be permitted in all wetlands, provided that the use will not result in a significant adverse impact, as set forth in N.J.A.C. 7:50-6.7 and conforms to all state and federal regulations.

(6) Commercial or public docks, piers, moorings and boat launches shall be permitted, provided that:

(a) There is a demonstrated need for the facility that cannot be met by existing facilities;

(b) The development conforms to all state and federal regulations; and

(c) The development will not result in a significant adverse impact, as set forth in N.J.A.C. 7:50-6.7.

(7) Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities shall be permitted in wetlands, provided that:

(a) There is no feasible alternative route for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

(b) The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

(c) The use represents a need which overrides the importance of protecting the wetland;

(d) Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

(e) The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.

(8) No development except for those uses which are specifically authorized in Subsection A(1) and (2) hereof shall be carried out within 300 feet of any wetlands unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in N.J.A.C. 7:50-6.7, except along the main stem of the Toms River and the Ridgeway Branch within the Pinelands Area where all development shall maintain the three-hundred-foot buffer. A map entitled "Jackson Township Toms River Buffer Overlay" and dated May 19, 2005, is hereby adopted to serve as a guide and for explanatory purposes; however, actual wetlands and buffer delineation require field verification.

[Amended 7-11-2005 by Ord. No. 27-05]

B. Vegetation. Development within the Pinelands Area, Jackson Township, shall conform to the following standards with respect to vegetation:

[Amended 12-30-1996 by Ord. No. 27-96]

(1) No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of the threatened or endangered plants of the Pinelands cited in N.J.A.C. 7:50-6.27.

(2) All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter;

(3) Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

(a) Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

(b) Revegetate or landscape areas temporarily cleared or disturbed during development activities.

(4) In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to § 244-28B(20) or 244-77B(15) shall incorporate the following elements:

(a) The limits of clearing shall be identified;

(b) Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

(c) Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

(d) Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:

[1] When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;

[2] For limited ornamental purposes around buildings and other structures; or

[3] When limited use of other shrubs or tree species is required for proper screening or buffering.

C. Fish and wildlife. Development within the Pinelands Area, Jackson Township, shall conform to the following standards with respect to fish and wildlife:

(1) No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection, pursuant to N.J.S.A. 23:2A-1 et seq.

(2) All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife.

D. Forestry.

[Amended 12-30-1996 by Ord. No. 27-96]

(1) Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:

(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;

(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; and

(e) Prescribed burning and the clearing and maintaining of fire breaks.

(2) Forestry application requirements. The information in Subsection D(2)(a), (b) or (c) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:

(a) For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.

(b) For forestry activities on a parcel of land approved for woodland assessment that is not enrolled in the New Jersey Forest Stewardship Program:

[1] A copy of the woodland management plan, the scaled map of the parcel and a completed woodland data form, prepared pursuant to the farmland assessment requirements of N.J.A.C. 18:15-2.7 through 18:15-2.15;

[2] If not already contained in the woodland management plan required in Subsection D(2)(b)[1] above, the following shall be submitted:

[a] The applicant's name, address and interest in the subject parcel;

[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 block and lot designation and street address, if any, of the subject parcel;

[d] A brief written statement generally describing the proposed forestry activities; and

[e] The relevant portion of a USGS Quadrangle map, or copy thereof, and a copy of the relevant portion of the municipal tax map sheet on which the boundaries of the subject parcel and the municipal zoning designation are shown.

[3] A scaled map or statement indicating how the standards set forth in Subsection D(3)(b), (c), (d), (f), (i) and (j) below will be met;

[4] A letter from the office of Natural Lands Management indicating whether any threatened or endangered plants or animals have been reported on or in the immediate vicinity of the parcel and a detailed description of the measures proposed by the applicant to meet the standards for the protection of such plants and animals set forth in §§ 244-79B(1) and 244-79C(1);

[5] Unless the Pinelands commission determines that it is unnecessary, a cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 244-79K;

[6] A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(3)(h) below;

[7] A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;

[8] A letter from the New Jersey State Forester indicating that the proposed forestry activities adhere to the silvicultural practices contained in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455;

[9] A letter from the New Jersey State Forester commenting on the extent to which the proposed forestry activities are consistent with the guidelines contained in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the Department of Environmental Protection. If the letter indicates that the proposed activities are not consistent with the Best Management Practices Manual, the applicant must submit a written statement addressing the inconsistencies in terms of their potential impact on the standards set forth in Subsection D(3)(i) and (j) below;

[10] A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and

[11] When prior approval for the forestry activities has been granted by the Zoning officer or other Township approval agency, a letter from the Pinelands Commission indicating that the prior approval has been reviewed pursuant to § 244-69.

(c) For forestry activities on a parcel of land that has not been approved for woodland assessment and is not enrolled in the New Jersey Forest Stewardship Program:

[1] The information required in Subsection D(2)(b)[2] through [11] above; and

[2] A forestry activity plan which includes, as appropriate:

[a] A cover page for the forestry activity plan containing:

[i] The name, mailing address and telephone number of the owner of the subject parcel;

[ii] The municipality and county in which the subject parcel is located;

[iii] The block and lot designation and street address, if any, of the subject parcel;

[iv] The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and

[v] The date the plan was prepared and the period of time the plan is intended to cover.

[b] A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, silvicultural prescriptions and management practices;

[c] A description of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall be keyed to an activity map and shall include, as appropriate, the following information:

[i] The number of acres;

[ii] The species composition, including overstory and understory;

[iii] The general condition and quality;

[iv] The structure, including age classes, diameter breast height (DBH) classes and crown classes;

[v] The overall site quality;

[vi] The condition and species composition of advanced regeneration when applicable; and

[vii] The stocking levels, growth rates and volume.

[d] A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period. These may include, but are not necessarily limited to, a description of;

[i] Stand improvement practices;

[ii] Site preparation practices;

[iii] Harvesting practices;

[iv] Regeneration and reforestation practices;

[v] Improvements, including road construction, stream crossings, landings, loading areas and skid trails; and

[vi] Herbicide treatments.

[e] A description, if appropriate, of the forest products to be harvested, including the following:

[i] Volume: cords, board feet;

[ii] Diameter breast height (DBH) classes and average diameter;

[iii] Age;

[iv] Heights; and

[v] Number of trees per acre.

[f] A property map of the entire parcel which includes the following:

[i] The owner's name, address and the date the map was prepared;

[ii] An arrow designating the north direction;

[iii] A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;

[iv] The location of all property lines;

[v] A delineation of the physical features such as roads, streams and structures;

[vi] The identification of soil types (a separate map may be used for this purpose);

[vii] A map inset showing the location of the parcel in relation to the local area;

[viii] Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and

[ix] A legend defining the symbols appearing on the map.

(3) Forestry standards. Forestry operations shall be approved if the standards set forth below will be met:

(a) All silvicultural practices shall be conducted in accordance with the standards set forth in the Society of American Foresters Forestry Handbook, Second Edition, pages 413 through 455. Submission of an approved New Jersey Forest Stewardship Plan or the letter required pursuant to Subsection D(2)(b)[8] above shall serve as evidence that this standard is met;

(b) Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;

(c) All silvicultural and reforestation practices shall serve to maintain native forests, except in those areas where nonnative species are proposed to be harvested;

(d) The following actions shall be required to encourage the reforestation of Atlantic White Cedar in cedar and hardwood swamps:

[1] Clear-cutting cedar and managing slash;

[2] Controlling competition by other plant species;

[3] Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;

[4] Utilizing existing streams as cutting boundaries, where practical;

[5] Harvesting during dry periods or when the ground is frozen; and

[6] Utilizing the least intrusive harvesting techniques, including the use of winches and corduroy roads, where practical;

(e) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of threatened and endangered plants and animals set forth in §§ 244-79B(1) and 244-79C(1);

(f) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79;

(g) All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 244-79K;

(h) Herbicide treatments shall be permitted, provided that:

[1] The proposed treatment is identified in the forestry application submitted to the Zoning Officer pursuant to Subsection D(2)(b)[6] above;

[2] Control of competitive plant species is clearly necessary;

[3] Control of competitive plant species by other, nonchemical means is not feasible; and

[4] All chemicals shall be expressly labeled for forestry use and shall be used in a manner that is consistent with relevant state and federal requirements;

(i) A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic White Cedar is proposed to be harvested or reestablished. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met;

(j) Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation and reforestation shall be designed and carried out so as to: minimize changes to surface and groundwater hydrology; minimize changes to temperature and other existing surface water quality conditions; prevent unnecessary soil erosion, siltation and sedimentation; and minimize unnecessary disturbances to aquatic and forest habitats. Submission of an approved New Jersey Forest Stewardship Plan or a letter from the State Forester indicating that the proposed forestry activities are consistent with the New Jersey Forestry and Wetlands Best Management Practices Manual shall serve as evidence that this standard is met; and

(k) A copy of the forestry permit issued by the Township Zoning Officer shall be conspicuously posted on the parcel which is the site of the forestry activity.

(4) Forestry permit procedures.

(a) Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.

(b) Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the fifteenth day following its submission.

(c) Within 45 days of determining an application to be complete pursuant to Subsection D(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection D(3) above or disapprove any application which does not meet the requirements of Subsection D(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.

(d) Upon receipt of a notice of disapproval pursuant to Subsection D(4)(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection D(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(4)(c) above.

(e) Failure of the Zoning Officer to act within the time period prescribed in Subsection D(4)(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.

(f) In reviewing and issuing permits for forestry applications, the Zoning Officer shall also comply with the Pinelands Area notice and review procedures set forth in §§ 244-68B through 244-71.

(g) Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.

(5) Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(4)(c) above, the applicant shall be required to pay of a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.

(6) Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours' written notice of the intention to begin harvesting operations.

E. Agriculture. Agricultural activities within the Pinelands Area, Jackson Township, shall conform to the following standards: all agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.

F. Resource extraction.

(1) Except as otherwise authorized in this Code, the extraction or mining of mineral resources, other than sand, gravel, clay and ilmenite, is prohibited.

(2) Any application field for approval of resource extraction operations in the Pinelands 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 are shown the boundaries of the subject property, the Pinelands management area designation and the zoning designation.

(g) A topographic map, at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.

(h) The location, size and intended use of all buildings.

(i) The location of all points of ingress and egress.

(j) A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.

(k) The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.

(l) A soils map.

(m) A reclamation plan which includes:

[1] Method of stockpiling topsoil and overburden.

[2] Proposed grading and final elevations.

[3] Topsoil material application and preparation.

[4] Type, quantity and age of vegetation to be used.

[5] Fertilizer application, including method and rates.

[6] Planting method and schedules.

[7] Maintenance requirements schedule.

(n) A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this chapter or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.

(o) A financial surety, guaranteeing performance of the requirements of N.J.A.C. 7:50-6.68 and 7:50-6.69, in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.

[Amended 12-30-1996 by Ord. No. 27-96]

(p) 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.

(q) When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review, pursuant to § 244-69.

(3) Resource extraction operations shall be approved only if the applicant can demonstrate that the proposed operation complies with the resource extraction standards contained in N.J.A.C. 7:50-6.61 et seq.

(4) All parcels of land which are used for resource extraction operations shall be restored in accordance with the restoration standards contained in N.J.A.C. 7:50-6.61 et seq.

(5) Nothing in this subsection shall be construed to relieve an applicant from satisfying the requirements of Chapter 185, Excavations, Mining and Dredging, of the Jackson Township Code.

(6) Resource extraction permits shall be issued for a period of two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.

G. Water quality. Development within the Pinelands Area, Jackson Township, shall conform to the following standards with respect to water quality:

(1) All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater will be protected and maintained. For the purpose of this section, agricultural use shall not be considered development.

(2) No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.

(3) Except as specifically authorized in this section, no development which degrades the surface water or groundwater quality or which establishes new point sources of pollution shall be permitted.

(4) The following point and nonpoint sources may be developed and operated in the Pinelands:

(a) Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsection G(4)(b) through (e) and (5) below, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

[1] There will be no direct discharge into any surface water body;

[2] All discharges from the facility or use are of a quality and quantity such that groundwater exiting from the parcel of land or entering a surface body of water, will not exceed two parts per million nitrate/nitrogen;

[3] All public wastewater treatment facilities are designed to accept and treat septage; and

[4] All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.

(b) Development of new wastewater treatment or collection facilities, which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment system where a public health problem has been identified, may be exempted from the standards of § 244-79G(4)(a)[2] above, provided that:

[1] There will be no direct discharge into any surface water body;

[2] The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development;

[3] Adherence to § 244-79G(4)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees; and

[Amended 12-30-1996 by Ord. No. 27-96]

[4] The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.

[Amended 12-30-1996 by Ord. No. 27-96]

(c) Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:

[1] There is no practical alternative available that would adhere to the standards of § 244-79G(4)(a)[1] above;

[2] There is no increase in the existing approved capacity of the facility; and

[3] All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.

(d) Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Amended 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96]

[1] The proposed development to be served by the system is otherwise permitted pursuant to Chapter 244, Article VII;

[2] The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(4)(d)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 244-82A(10), 244-83A(10), 244-84A(9), 244-85A(6) or 244-107;

[3] Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

[4] The depth to seasonal high water table is at least five feet;

[5] Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[6] The system will be maintained and inspected in accordance with the requirements of N.J.A.C. 7:50-6.85;

[7] The technology has been approved for use by the New Jersey Department of Environmental Protection; and

[8] Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in N.J.A.C. 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.

(e) Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater, provided that:

[Added 12-30-1996 by Ord. No. 27-96]

[1] The standards set forth in Subsection G(4)(d)[1] and [3] through [8] above are met;

[2] If the proposed development is nonresidential, it is located:

[Amended 8-12-2014 by Ord. No. 13-14; 3-12-2019 by Ord. No. 07-19]

[a] In a Pinelands Regional Growth Area, Pinelands Village or Military and Federal Installation Area; or

[b] In the Pinelands Rural Development Area or Forest Area, subject to the standards of N.J.A.C. 7:50-6.84(a)5iii(2).

[3] The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(4)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 244-82A(10), 244-83A(10), 244-84A(9), 244-85A(6) or 244-107.

(f) Alternate-design pilot program treatment systems, provided that:

[Added 9-22-2003 by Ord. No. 28-03]

[1] The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of Chapter 244, Article VII;

[2] The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection G(4)(f)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 244-82A(10), 244-83A(10), 244-84A(9), 244-85A(6) or 244-107;

[3] Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981; nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;

[4] The depth to seasonal high water table is at least five feet;

[5] Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the wall penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;

[6] No more than 10 alternate-design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;

[7] Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;

[8] Each system shall be designed and constructed so that samples of effluent leaving the alternate-design pilot program septic system can be readily taken to confirm the performance of the technology;

[9] The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;

[10] Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and

[Amended 3-12-2019 by Ord. No. 07-19]

[11] The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection G(4)(f)[9] above, and grants access, with reasonable notice, to the local board of health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.[1]

[Amended 3-12-2019 by Ord. No. 07-19]

[1] Editor's Note: Former Subsection G(4)(f)[12], regarding system installation, which immediately followed, was repealed 3-12-2019 by Ord. No. 07-19.

(5) Surface water runoff, provided that all requirements of § 244-209.1 are met.

[Amended 12-30-1996 by Ord. No. 27-96; 4-13-2023 by Ord. No. 13-23]

(6) The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[2]

[2] Editor's Note: See N.J.S.A. 58:10A-21 et seq.

(7) Prohibited chemicals and materials.

(a) Use of septic tank cleaners and waste oil is prohibited in the Pinelands Area to the extent that such use will result in direct or indirect introduction of such substances in the groundwater or any land.

(b) All storage facilities for deicing chemicals shall be lined to prevent leaking into the soils and shall be covered with an impermeable surface which shields the facility from precipitation.

(c) No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.[3]

[3] Editor's Note: Original § 109-71G(7)(d) of the 1972 Code, pertaining to the discharge and storage of hazardous waste, which immediately followed this subsection, was repealed 12-30-1996 by Ord. No. 27-96.

(8) Water shall not be exported from the Pinelands, except as otherwise provided in N.J.S.A. 58:1A-7.1.

H. Air quality.

(1) All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.

[Amended 12-30-1996 by Ord. No. 27-96]

(2) Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:

(a) Residential development of 50 or more units and any other development involving more than 100 parking spaces located in PED-1, RGC-1, RGC-2, PM-1 or JB MDL RGC-3 Zone; and

[Amended 2-26-1996 by Ord. No. 4-96; 8-12-2014 by Ord. No. 13-14]

(b) Residential development of 100 or more units, and any other development involving more than 300 parking spaces located in any zone within the Pinelands.

I. Fire management. All proposed development within the Pinelands Area, Jackson Township, shall conform to the requirements of this subsection in order to protect life and property from forest fires.

(1) The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:

	Hazard	Vegetation Type
	Low	Atlantic white cedar hardwood swamps
	Moderate	Non-pine-barrens forest prescribed burned areas
	High	Pine barrens forest including mature forms of pine, pine-oak or oak-pine
	Extreme	Immature or dwarf forms of pine-oak or oak-pine; all classes of pine-scrub oak and pine-lowland

(2) No application for development approval shall be granted in moderate, high and extreme fire hazard areas unless the applicant demonstrates the following:

(a) All proposed development or units or sections thereof of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.

(b) All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.

(c) The rights-of-way of all roads will be maintained so that they provide an effective fire break.

(d) A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:

[1] In moderate fire hazard areas, a fuel break of 30 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis and in which all dead plant material is removed.

[2] In high fire hazard areas, a fuel break of 75 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis and in which all dead plant material is removed.

[3] In extreme high-hazard areas, a fuel break of 100 feet measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned and maintained on an annual basis; no pine tree (Pinus species) is closer than 25 feet to another pine tree; and all dead plant material is removed.

(e) All structures will meet the following specifications:

[1] Roofs and exteriors will be constructed of fire-resistant materials, such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.

[2] All projections, such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.

[3] Any openings in the roof, attic and floor shall be screened.

[4] Chimneys and stovepipes which are designated to burn solid or liquid fuels shall be equipped with screens over the outlets.

[5] Flat roofs are prohibited in areas where vegetation is higher than the roof.

(f) All residential developments of 100 dwelling units or more in high or extreme fire hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned on an annual basis; all dead plant material is removed; roads, rights-of-way, wetlands and waste disposal sites shall be used as fire breaks to the maximum extent practical; and there is a specific program for maintenance.

J. Recreation. All proposed development within the Pinelands Area, Jackson Township, shall conform to the following requirements:

(1) No power vessel in excess of 10 horsepower shall operate on waters within the Pinelands Area, Jackson Township.

(2) No motor vehicles, other than fire, police or emergency vehicles or those vehicles used for the administration or maintenance of any public land, shall be operated upon publicly owned land within the Pinelands Area, Jackson Township. Other motor vehicles may operate on public lands for recreational purposes, on public highways and areas on land designated prior to August 8, 1980, for such use by the State of New Jersey until designated as inappropriate for such use by the Pinelands Commission.

(3) Route maps for organized off-road vehicle events shall be filed with an approved plan by the Executive Director.

(4) All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication, Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities.

(5) Improved bicycling facilities are provided only in conjunction with paved roads.

K. Historical, archaeological and cultural preservation. The provisions of this subsection shall provide a program for the protection of historic, archaeological and cultural resources within the Pinelands Area, Jackson Township.

(1) The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Committee for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant, pursuant to § 244-79K(5)(c) below.

(2) Authority to issue certificate of appropriateness.

(a) The Planning Board shall issue all certificates of appropriateness, except as specified in § 244-79K(2)(b) below.

(b) The Board of Adjustment shall issue certificates of appropriateness for those applications for development which it is otherwise empowered to review.

(3) Certificates of appropriateness shall be required for the following:

(a) Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Committee or the Pinelands Commission, pursuant to N.J.A.C. 7:50-6.154, or any action which renders such a site inaccessible; and

(b) Development not otherwise exempted from review, pursuant to § 244-67A of this Code, where a significant resource has been identified, pursuant to § 244-79K(5) below.

(4) Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

(5) Cultural resource survey.

(a) A cultural resource survey shall accompany all applications for development in the PV, PVC-1 and PVC-2 Zones and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include:

[Amended 12-30-1996 by Ord. No. 27-96]

[1] A statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts;

[2] A thorough search of state, local and any other pertinent inventories to identify sites of potential significance;

[3] A review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area;

[4] Thorough pedestrian and natural resources surveys;

[5] Archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance;

[6] Adequate recording of the information gained and methodologies and sources used; and

[7] A list of personnel involved and qualifications of the person(s) performing the survey.

(b) This requirement for a survey may be waived by the local approval agency if:

[1] There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;

[2] The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or

[3] The evidence of cultural activity lacks any potential for significance, pursuant to the standards of § 244-79K(5)(c) below.

(c) A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

[1] The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;

[2] The presence of structures, sites or areas associated with the lives or persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;

[3] The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or

[4] The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.

(6) The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.

(7) The effect of the issuance of a certificate of appropriateness is as follows:

(a) All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness, except as provided in § 244-79K(7)(b) below.

(b) A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in § 244-79K(5) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the governing body pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.

[Amended 12-30-1996 by Ord. No. 27-96]

(8) The following information will be required to document resources which are not found to be significant, but which are otherwise found to present graphic evidence of a cultural activity:

(a) A narrative description of the resource and its cultural environment;

(b) Photographic documentation to record the exterior appearance of buildings, structures and engineering resources;

(c) A site plan depicting, in correct scale, the location of all buildings, structures and engineering resources; and

(d) A New Jersey State inventory form, as published by the New Jersey Department of Environmental Protection, for buildings, and a narrative description of any process or technology, if necessary to elaborate upon the photographic record.

(9) If archaeological data are discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).

L. Scenic. All proposed development within the Pinelands Area of the Township shall conform to the requirements of this subsection to ensure that development will take advantage of and enhance the visual character of the Pinelands.

(1) Scenic corridors:

(a) Areas considered corridors.

[1] Except for those roads which provide for internal circulation within residentially developed areas, all public paved roads in the PA Preservation Area Zone, FA Forest Area Zone, RD Rural Development Area Zone, RD-1 Rural Development Area Zone and RD-9 Rural Development Area Zone shall be considered scenic corridors.

[Amended 2-26-1996 by Ord. No. 4-96; 7-14-1997 by Ord. No. 10-97]

[2] The Toms River shall be considered a special scenic corridor, and development shall comply with Subsection L(1)(b)[4] hereof.

(b) Special requirements for scenic corridors.

[1] Except as otherwise provided in this subsection, all buildings shall be set back at least 200 feet from the scenic corridor, except for agricultural product sales establishments, which shall be set back a minimum of 75 feet.

[2] If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands or active agricultural operations, the building shall be set back as close to 200 feet as practical, and the site shall be landscaped in accordance with the provisions of § 244-79B, Vegetation, of the Jackson Township Code, so as to provide screening from the corridor.

[3] If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of § 244-79B, Vegetation, so as to provide screening between the building and the corridor.

[4] All structures within 1,000 feet of the center line of a special scenic corridor shall be designed to avoid visual impacts as viewed from the corridor.

(2) Signs.

(a) Signs in the Pinelands Area.

[1] No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical or lighting change shall be permitted in the Pinelands Area of the Township.

[2] No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Pinelands Area of the Township.

[3] No outdoor, off-site commercial advertising sign shall be permitted in the Pinelands Area, Jackson Township, except that:

[Amended 12-30-1996 by Ord. No. 27-96]

[a] Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the PED-1, RGC-1, RGC-2, PM-1 and JB MDL RGC-3 Zones. Such signs shall also be permitted in the PVC-1 and PVC-2 Zones, provided that the signs are located on a United States highway within 1,000 feet of a Pinelands Regional Growth Area or Pinelands Town; and

[Amended 8-12-2014 by Ord. No. 13-14]

[b] Signs advertising agricultural commercial establishments shall be permitted, provided that:

[i] No more than two signs shall be placed in any one direction along each road directly approaching the establishment; and

[ii] No sign along a four-lane state or federal highway shall exceed 50 square feet in area, and no sign along any other road shall exceed 32 square feet in area.

[4] Any existing sign which does not conform to Subsection L(2)(a)[1] and [2] above shall be removed immediately. Any existing sign which does not conform to Subsection L(2)(a)[3] above shall be removed no later than December 5, 1996.

[Amended 12-30-1996 by Ord. No. 27-96]

[5] To the maximum extent practical, the character and composition of construction materials for all signs shall be harmonious with the scenic values of the Pinelands.

(b) Signs in the PA Preservation Area Zone.

[1] No sign shall be constructed, repaired or maintained except in accordance with the provisions of § 244-79L(2)(a) above and this subsection.

[2] The following signs are permitted in the PA Preservation Area Zone:

[a] Official public safety and information signs displaying road names, numbers and safety directions.

[b] On-site signs advertising the sale or rental of the premises, provided that the area on one side of any such sign shall not exceed 12 square feet and that no more than one sign is located on any parcel of land held in common ownership.

[c] On-site identification signs for schools, churches, hospitals or similar public service institutions, provided that the size of any such sign shall not exceed 12 square feet and that no more than one sign is placed on any single property.

[d] Trespassing signs or signs indicating the private nature of a road, driveway or premises and signs prohibiting or otherwise controlling fishing or hunting, provided that the size of such signs does not exceed 12 square feet.

[e] On-site professional, home occupation or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling, provided that the size of any such sign shall not exceed 12 square feet and that no more than one sign is permitted for any individual parcel of land.

[f] On-site business or advertising signs, provided that no more than two signs are located on any one premises or on the premises leased or utilized by any one business establishment and that the total of such signs shall not exceed 20 square feet per side, with the maximum height to the top of the sign not to exceed 15 feet from ground level.

[g] Temporary signs advertising political parties or candidates for election, provided that the size of any such sign does not exceed four square feet.

[h] Temporary on-and-off signs advertising civil, social or political gatherings and activities, provided that the size of such signs does not exceed four square feet.

(3) Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot, unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.

(4) Location of utilities.

(a) New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.

(b) Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses.

(c) All electric transmission lines shall be located on existing towers or underground to the maximum extent practicable.

M. Energy conservation. All development shall be carried out in a manner which promotes energy conservation and maximizes activities and passive solar energy, in accordance with any applicable statutes. Such measures may include orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.

N. Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands area. The land application of waste or waste-derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands area in accordance with the standards set forth in N.J.A.C. 7:50-6.

[Amended 12-30-1996 by Ord. No. 27-96]

§ 244-80 Enumeration of zones; Zoning Map.

[Amended 2-26-1996 by Ord. No. 4-96; 7-14-1997 by Ord. No. 10-97]

A. List of zones. In order to regulate and limit the type and location of uses and the density and intensity with which lands are to be utilized in the Pinelands Area, Jackson Township, the following zones are hereby created:

[Amended 11-8-2004 by Ord. No. 40-04; 3-27-2006 by Ord. No. 07-06; 8-12-2014 by Ord. No. 13-14]

	PA	Preservation Area Zone
	FA-1	Forest Zone
	FA-2	Forest Zone
	FA-6	Forest Zone
	RD	Rural Development Zone
	RD-1	Rural Development Area Zone
	RD-9	Rural Development Area Zone
	MI	Military Installation Zone
	PV	Pinelands Village Zone
	RG-2	Regional Growth Zone
	RG-3	Regional Growth Zone
	PED	Pinelands Environmental Development District
	PVC-1	Pinelands Village Commercial Zone
	PVC-2	Pinelands Village Commercial Zone
	RGC-1	Regional Growth Commercial Zone
	RGC-2	Regional Growth Commercial Zone
	PM-1	Pinelands Manufacturing Zone
	JB MDL RGC-3	Joint Base-McGuire-Fort Dix-Lakehurst Compatible Development Zone

B. Official Zoning Map. The boundaries of all zones established in this chapter are shown upon the map accompanying this chapter, which is hereby made a part hereof and entitled "Zoning Map, Jackson Township, Ocean County, New Jersey," prepared by John Maczuga, P.P., A.I.C.P., Township Planner, Map No. J-54C, bearing a last revision date of April 21, 1997.[1]

[1] Editor's Note: The Zoning Map is on file in the office of the Township Clerk.

§ 244-81 PA Preservation Area Zone.

A. Permitted uses in the Preservation Area Zone shall be limited to the following:

(1) Detached single-family dwellings on lots of 3.2 acres or one-acre lots in accordance with § 244-98.

[Amended 4-12-1993 by Ord. No. 10-93]

(2) Agricultural employee housing as an element of and accessory to an active agricultural operation.

(3) Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.

(4) Forestry.

(5) Beekeeping.

(6) Fish and wildlife management.

(7) Low-intensity recreational uses, provided that:

(a) The parcel proposed for low-intensity recreational use 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 water body frontage.

(d) The parcel will contain no more than one campsite per two acres, provided that the campsites may be clustered at a net density not exceeding six campsites per acre.

(e) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel.

(f) No more than 1% of the parcel will be covered with impermeable surfaces.

(8) Expansion of intensive recreational uses, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

(a) The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

(b) The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

(c) The use is environmentally and aesthetically compatible with the character of the Preservation Area District and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

(9) Public service infrastructure which is necessary to serve only the needs of the PA Preservation Area Zone uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation Area Zone only in accordance with § 244-79G(4)(b).

[Amended 12-30-1996 by Ord. No. 27-96]

(10) Pinelands development credits, as provided in § 244-102.

B. Accessory uses in the PA Zone shall be restricted to the following:

(1) Signs, subject to the provisions of § 244-79L.

(2) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such building or use shall be located on the same lot as the principal building.

C. Area, yard and building requirements are as follows:

(1) Minimum lot area: 3.2 acres. Notwithstanding the minimum lot area set forth above in § 244-81A, no such minimum lot area for a nonresidential use within the PA Zone shall be less than that needed to meet the water quality standards of § 244-79G(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

(2) Minimum lot width: 250 feet.

(3) Minimum lot depth: 400 feet.

(4) Minimum front yard setback: 200 feet.

(5) Minimum rear yard setback: 50 feet.

(6) Minimum side yard setback: 25 feet.

(7) Minimum accessory use setback: 20 feet.

§ 244-82 FA-1 Forest Zone.

A. The following uses shall be permitted in the FA-1 Forest Zone:

(1) Detached single-family dwellings on lots of 3.2 acres, in accordance with § 244-98A.

[Amended 4-12-1993 by Ord. No. 10-93]

(2) Single-family dwelling units at a maximum density of one unit per 70 acres:

[Amended 11-8-2004 by Ord. No. 40-04]

(a) Single lots for which no subdivision is required shall meet the following area, yard and building requirements:

[1] Minimum lot area: 70 acres.

[2] Minimum lot width: 250 feet.

[3] Minimum lot depth: 500 feet.

[4] Minimum lot frontage: 200 feet.

[5] Minimum front yard setback: 200 feet.

[6] Minimum rear yard setback: 150 feet.

[7] Minimum side yard setback: 25 feet each side.

[8] Minimum accessory use setback: 20 feet, not permitted in front yard.

[9] Minimum clearing per developed lot: 20,000 square feet.

(b) When two or more lots are proposed in the FA-1 Zone, mandatory clustering shall be required. All residential units shall be located on 3.2 acre lots. The house lot shall be referred to in this section as the "developed area" and the balance of the required acreage (66.8 acres per lot) shall be referred to as the "conservation area."

[1] Clustered developments shall be designed to protect environmental attributes of the site, to maintain the conservation area in an undisturbed state, to promote the establishment of greenways on adjacent sites and to maximize the contiguity of protected lands as a means of providing habitat for threatened and endangered plant and animal species. The developed area should be located and designed to promote efficient use of the existing infrastructure (roads, utilities, etc.) and coordinate with development on adjacent parcels. The design shall be subject to the review and approval of the Planning Board and the Pinelands Commission.

[2] For clustered lots the following standards apply:

[a] Minimum lot width: 250 feet.

[b] Minimum lot depth: 500 feet.

[c] Minimum lot frontage: 200 feet.

[d] Minimum front yard setback: 200 feet.

[e] Minimum rear yard setback: 50 feet.

[f] Minimum side yard setback: 25 feet one side/50 feet combined.

[g] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[h] Maximum clearing per developed lot: 20,000 square feet.

[3] The conservation area shall be permanently deed restricted as open space with no further development permitted through the imposition of a conservation easement to be approved by the Planning Board and its professionals.

(3) Agriculture.

(4) Agricultural employee housing as an element of and necessary to an active agricultural operation.

(5) Forestry.

(6) Low-intensity recreational uses, provided that:

(a) The parcel proposed for low-intensity recreational use 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 water body frontage.

(d) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel and that no more than 1% of the parcel will be covered with impermeable surfaces.

(7) Expansion of intensive recreational uses, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

(a) The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

(b) The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

(c) The use is environmentally and aesthetically compatible with the character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

(8) Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the zone only in accordance with § 244-79G(4)(b).

[Amended 12-30-1996 by Ord. No. 27-96]

(9) Detached single-family dwellings on one-acre lots, in accordance with § 244-98B.

[Amended 4-12-1993 by Ord. No. 10-93]

(10) Single-family dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted, provided that all of the following standards and criteria are met:

[Amended 4-12-1993 by Ord. No. 10-93]

(a) 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 70 acres if all acquired noncontiguous lands are located in the FA-1 Zone and at least 33 acres if all acquired noncontiguous lands are located in the FA-2 Zone;

(b) All lands acquired pursuant to Subsection A(10)(a) above, which may or may not be developable, are located within the FA-1 or FA-2 Zone;

(c) All noncontiguous lands acquired pursuant to Subsection A(10)(a) and (b) 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 restrictions shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;

(d) Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and

(e) The lot proposed for development otherwise meets the minimum standards of this article.

B. Accessory uses in the FA-1 Zone shall be restricted to the following:

(1) Signs, subject to the provisions of § 244-79L.

(2) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as business. Any such building or use shall be located on the same lot as the principal building.

C. Nonresidential area, yard and building requirements shall be as follows:

(1) Minimum lot size: three acres, except as otherwise specified herein. Notwithstanding the minimum lot area set forth above in § 244-82A, no such minimum lot area for a nonresidential use within the FA-1 Zone shall be less than that needed to meet the water quality standards of § 244-79G(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

(2) Minimum lot width: 250 feet.

(3) Minimum lot depth: 400 feet.

(4) Minimum front yard setback: 200 feet, except as provided in § 244-79L.

(5) Minimum rear yard setback: 50 feet.

(6) Minimum side yard setback: 25 feet.

(7) Minimum accessory use setback: 20 feet.

D. Conditional uses shall be as follows:

(1) Institutional uses, provided that:

(a) The use does not require or will not generate subsidiary or satellite development in the Forest Area Zones.

(b) The application has demonstrated that adequate public service infrastructure will be available to service the use.

(c) The use is primarily designed to serve the needs of the Forest Area Zone in which the use is to be located.

(2) Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

(a) The parcel proposed for development has an area of at least five acres.

(b) The principal raw material for the proposed use is found or produced in the Pinelands.

(c) The use does not require or will not generate subsidiary or satellite development in the FA-1, FA-2 and FA-3 Zones.

(3) Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.

[Amended 12-30-1996 by Ord. No. 27-96]

(4) Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:

(a) The principal goods or products available for sale were produced in the Pinelands.

(b) The sales area of the establishment does not exceed 5,000 square feet.

(5) Roadside retail sales and service establishments, provided that:

(a) The parcel proposed for development has roadway frontage of at least 50 feet.

(b) 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.

(c) The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.

(6) Fish and wildlife management.

(7) Continuation of existing resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI.

[Amended 12-30-1996 by Ord. No. 27-96]

§ 244-83 FA-2 Forest Zone.

A. The following uses shall be permitted in the FA-2 Forest Zone:

(1) Detached single-family dwellings on lots of 3.2 acres, in accordance with § 244-98A.

[Amended 4-12-1993 by Ord. No. 10-93]

(2) Detached single-family dwelling units at a maximum density of one unit per 32 acres.

[Amended 11-8-2004 by Ord. No. 40-04]

(a) Single lots for which no subdivision is required shall meet the following area, yard and building requirements:

[1] Minimum lot area: 32 acres.

[2] Minimum lot width: 250 feet.

[3] Minimum lot depth: 500 feet.

[4] Minimum lot frontage: 200 feet.

[5] Minimum front yard setback: 200 feet, except as provided in § 244-79L.

[6] Minimum rear yard setback: 100 feet.

[7] Minimum side yard setback: 25 feet each side.

[8] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[9] Maximum clearing for each developed lot: 20,000 square feet.

(b) When two or more lots are proposed in the FA-2 Zone, mandatory clustering shall be required. All residential units shall be located on 3.2 acre lots. The house lot shall be referred to in this section as the "developed area" and the balance of the required acreage (28.8 acres) shall be referred to as the "conservation area."

[1] Clustered developments shall be designed to protect the particular environmental attributes of the site, to maintain the conservation area in an undisturbed state, to promote the establishment of greenways on adjacent sites and to maximize the contiguity of protected lands as a means of providing habitat for threatened and endangered plant and animal species. The developed area shall be located and designed to promote efficient use of the existing infrastructure (roads, utilities, etc.) and coordinate with development on adjacent parcels. The design shall be subject to the review and approval of the Planning Board and the Pinelands Commission.

[2] For clustered lots the following standards apply:

[a] Minimum lot width: 250 feet.

[b] Minimum lot depth: 500 feet.

[c] Minimum lot frontage: 200 feet.

[d] Minimum front yard setback: 200 feet.

[e] Minimum rear yard setback: 50 feet.

[f] Minimum side yard setback: 25 feet each side.

[g] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[h] Maximum clearing per developed lot: 20,000 square feet.

[3] The conservation area shall be permanently deed restricted as open space with no further development permitted through imposition of a conservation easement to be approved by the Planning Board and its professionals.

(3) Agriculture.

(4) Agricultural employee housing as an element of and necessary to an active agricultural operation.

(5) Forestry.

(6) Low-intensity recreational uses, provided that:

(a) The parcel proposed for low-intensity recreational use 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 water body frontage.

(d) Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel and that no more than 1% of the parcel will be covered with impermeable surfaces.

(7) Expansion of intensive recreational uses, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

(a) The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

(b) The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

(c) The use is environmentally and aesthetically compatible with the character of the Pinelands Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden public services.

(8) Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the FA-2 Zone only in accordance with § 244-79G(4)(b).

[Amended 12-30-1996 by Ord. No. 27-96]

(9) Single-family dwellings on one-acre lots, in accordance with § 244-98B.

[Amended 4-12-1993 by Ord. No. 10-93]

(10) Single-family dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted, provided that all of the following standards and criteria are met:

[Amended 4-12-1993 by Ord. No. 10-93]

(a) 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 32 acres if all acquired noncontiguous lands are located in the FA-2 Zone and at least 69 acres if all acquired noncontiguous lands are located in the FA-1 Zone;

(b) All lands acquired pursuant to Subsection A(10)(a) above, which may or may not be developable, are located within the FA-2 or FA-1 Zone;

(c) All noncontiguous lands acquired pursuant to Subsection A(10)(a) and (b) 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 restrictions shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;

(d) Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and

(e) The lot proposed for development otherwise meets the minimum standards of this article.

B. Permitted accessory uses shall be the same as permitted in the FA-1 Zone.

C. Nonresidential area, yard and building requirements.

(1) Nonresidential area, yard and building requirements shall be the same as for the FA-1 Zone.

(2) Notwithstanding the minimum lot area set forth above in § 244-83A, no such minimum lot area for a nonresidential use within the FA-2 Zone shall be less than that needed to meet the water quality standards of § 244-79G(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

D. Conditional uses shall be the same as for the FA-1 Zone.

§ 244-84 FA-6 Forest Zone.

[Amended 4-12-1993 by Ord. No. 10-93; 12-30-1996 by Ord. No. 27-96; 11-8-2004 by Ord. No. 40-04]

The FA-6 Zone is a transitional forest zone.

A. The following uses shall be permitted in the PA-6 Forest Zone:

(1) Detached single-family dwelling units at a maximum density of one unit per six acres.

(a) Single lots for which no subdivision is required shall meet the following area, yard and building standards:

[1] Minimum lot area: six acres, except as provided in § 244-84A(10) below.

[2] Minimum lot width: 250 feet.

[3] Minimum lot depth: 500 feet.

[4] Minimum lot frontage: 200 feet.

[5] Minimum front yard setback: 200 feet.

[6] Minimum rear yard setback: 50 feet.

[7] Minimum side yard setback: 25 feet each side.

[8] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[9] Maximum clearing per developed lot: 20,000 square feet.

(b) When two or more lots are proposed in the FA-6 Zone, mandatory clustering shall be required. All residential units shall be located on one acre lots. The house lot(s) shall be referred to in this section as the "developed area" and the balance of the required acreage (5 acres per lot) shall be referred to as the "conservation area."

[1] Clustered developments shall be designed to protect the particular environmental attributes of the site, to maintain the conservation area in an undisturbed state, to promote the establishment of greenways on adjacent sites and to maximize the contiguity of protected lands as a means of providing habitat for threatened and endangered plant and animal species. The developed area shall be located and designed to promote efficient use of the existing infrastructure (roads, utilities, etc.) and coordinate with development on adjacent parcels. The design shall be subject to the review and approval of the Planning Board and the Pinelands Commission.

[2] For clustered lots the following standards apply:

[a] Minimum lot width: 150 feet.

[b] Minimum lot depth: 250 feet.

[c] Minimum lot frontage: 150 feet.

[d] Minimum front yard setback: 60 feet.

[e] Minimum rear yard setback: 50 feet.

[f] Minimum side yard setback: 10 feet one side/30 feet combined.

[g] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[h] Maximum clearing per developed lot: 20,000 square feet.

[3] The conservation area shall be permanently deed restricted as open space with no further development permitted through the imposition of a conservation easement to be approved by the Planning Board and its professionals.

(2) Agriculture.

(3) Agricultural employee housing as an element of and necessary to an active agricultural operation.

(4) Forestry.

(5) Low intensity recreation uses provided that:

(a) The parcel proposed for low-intensity recreational use 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 linear feet of water body frontage.

(d) Clearing of vegetation including ground cover and soil disturbance does not exceed 5% of the parcel and that no more than 1% of the parcel may be covered by impermeable surfaces.

(6) Expansion of intensive recreational uses, provided that:

(a) The intensive recreational use was in existence on February 7, 1979, and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979.

(b) The use is necessary to achieve the recreational use of a particular element of the existing Pinelands environment.

(c) The use is environmentally and aesthetically compatible with the character of the Pinelands Forest area and the characteristics of the particular river basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources and will not unduly burden public services.

(7) Public service infrastructure intended to primarily service the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the FA-6 Zone only in accordance with § 244-79G(4)(b).

(8) Detached single-family dwellings on one-acre lots in accordance with § 244-98B.

(9) Single-family dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted provided that all of the following standards and criteria are met:

(a) 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:

[1] Six acres if all acquired noncontiguous lands are located in the FA-6 Zone;

[2] Twenty-eight acres if all acquired noncontiguous lands are located in the FA-2 Zone; or

[3] Fifty-nine acres if all acquired noncontiguous lands are located in the FA-1 Zone.

(b) All lands acquired pursuant to Subsection A(9)(a) above, which may or may not be developable, are located within the FA-1, FA-2 or FA-6 Zone.

(c) All noncontiguous lands acquired pursuant to Subsection A(9)(a) and (b) 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 recreation uses. Any such deed restrictions shall be in the form to be approved by the Township Solicitor and the Pinelands Commission.

(d) Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

(e) The lot proposed for development otherwise meets the standards of this article.

(10) Single-family dwelling units that were already constructed or under construction prior to the adoption of this section shall be permitted to rehabilitate and construct building additions consistent with regulations of the previous zoning designation (FA-3 or PV).

B. Accessory uses in the FA-6 Zone shall be restricted to the following: same as permitted in the FA-1 Zone.

C. Nonresidential area, yard and building requirements.

(1) Nonresidential area, yard and building requirements shall be the same as permitted in the FA-1 Zone.

(2) Notwithstanding the minimum lot area set forth in § 244-84A, no such minimum lot area for a nonresidential use within the FA-6 Zone shall be less than that needed to meet the water quality standards of § 244-79G(4)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.

D. Conditional uses are the same as permitted in the FA-1 Zone.

§ 244-85 RD Rural Development Zone.

A. The following uses shall be permitted in the RD Rural Development Zone:

(1) Detached single-family dwelling units at a maximum density of one unit per 3.8 acres.

[Amended 11-8-2004 by Ord. No. 40-04]

(a) Single lots, for which no subdivision is required must meet the following area yard and building standards:

[1] Minimum lot size: 3.8 acres.

[2] Minimum lot width: 250 feet.

[3] Minimum lot depth: 400 feet.

[4] Minimum lot frontage: 250 feet.

[5] Minimum front yard setback: 80 feet unless the provisions of § 244-79L apply, in which case the minimum setback is 200 feet.

[6] Minimum rear yard setback: 50 feet.

[7] Minimum side yard setback: 25 feet one side/50 feet combined.

[8] Minimum accessory structure setback: 20 feet, not permitted in front yard.

(b) When two or more lots are proposed in the RD Zone, mandatory clustering shall be required. All residential units shall be located on one-acre lots. The house lot (one acre) shall be referred to in this section as the "developed area" and the balance of the required acreage (2.8 acres) shall be referred to as the "conservation area."

[1] Clustered developments should be designed to protect the particular environmental attributes of the site, to maintain the conservation area in an undisturbed state, to promote the establishment of greenways on adjacent sites and to maximize the contiguity of protected lands as a means of providing habitat for threatened and endangered plant and animal species. The developed area should be located and designed to promote efficient use of the existing infrastructure (roads, utilities, etc.) and coordinate with development on adjacent parcels. The design shall be subject to the review and approval of the Planning Board and the Pinelands Commission.

[2] For clustered lots the following standards apply:

[a] Minimum lot width: 150 feet.

[b] Minimum lot depth: 250 feet.

[c] Minimum lot frontage: 150 feet.

[d] Minimum front yard setback: 60 feet.

[e] Minimum rear yard setback: 50 feet.

[f] Minimum side yard setback: 10 feet one side/30 feet combined.

[g] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[h] Maximum clearing per developed lot: 20,000 square feet.

[3] The conservation area shall be permanently deed restricted as open space with no further development permitted through the imposition of a conservation easement to be approved by the Planning Board and its professionals.

[4] Recreation uses consistent with the requirements of § 244-200 may be permitted on the deed-restricted lands insofar as they are consistent with the types of recreational amenities typical of residential neighborhoods.

(2) Agriculture.

(3) Agricultural employee housing as an element of and accessory to an active agricultural operation.

(4) Forestry.

(5) Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted in the zone only in accordance with § 244-79G(4)(b).

[Amended 12-30-1996 by Ord. No. 27-96]

(6) Single-family dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted, provided that all of the following standards and criteria are met:

[Added 4-12-1993 by Ord. No. 10-93]

(a) 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 3.8 acres;

(b) All lands acquired pursuant to Subsection A(6)(a) above, which may or may not be developable, are located within the RD Zone;

(c) All noncontiguous lands acquired pursuant to Subsection A(6)(a) and (b) 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 restrictions shall be in a form to be approved by the Township Solicitor and the Pinelands Commission;

(d) Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and

(e) The lot proposed for development otherwise meets the minimum standards of § 244-79 of this chapter.

(7) Recreational facilities, intensive and low-intensive.

[Added 2-26-1996 by Ord. No. 4-96]

B. Accessory uses in the RD Zone shall be restricted to the following:

[Amended 11-8-2004 by Ord. No. 40-04]

(1) Agricultural commercial establishments, provided that the products sold were grown by the owner on the premises.

(2) Signs, subject to the provisions of § 244-79L.

(3) Private garage space for the storage of motor vehicles.

(4) Other customary accessory uses and buildings such as sheds and decks provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

C. Conditional uses are as follows:

(1) Resource extraction in accordance with § 244-79F.[1]

[1] Editor's Note: Original § 109-77C(2) of the 1972 Code, pertaining to single-family dwellings, which immediately followed this subsection, was repealed 4-12-1993 by Ord. No. 10-93.

(2) Institutional uses.

§ 244-86 MI Military Installation Zone.

[Amended 12-30-1996 by Ord. No. 27-96]

A. Any use associated with the function of the Federal installation may be permitted in the MI Zone, provided that:

(1) Where feasible, development shall be located in that portion of the installation within the Pinelands Protection Area;

(2) The use shall not require any development, including public service infrastructure in the Preservation Area District or the FA-1, FA-2 or FA-3 Zone;

(3) No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78; and

(4) All development undertaken by the federal government substantially meets the standards of § 244-79 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.

B. Any other public purpose use undertaken by or on behalf of another level of government may be permitted in the MI Zone, provided that:

(1) The use is sanctioned by the installation;

(2) The use is located within a substantially developed area which is served by a centralized sewer treatment and collection system;

(3) No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in N.J.A.C. 7:50-6.75 or 7:50-6.78; and

(4) All development meets the standards of § 244-79 or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.

§ 244-87 PV Pinelands Village Zone.

A. The following uses shall be permitted in the PV Pinelands Village Zone:

(1) Agriculture.

(2) Detached single-family dwellings.

(3) Churches and similar places of worship, parish houses and convents, subject to the conditions specified in § 244-115.

(4) Public and quasi-public schools and institutions of higher learning which are not conducted as a business, subject to such uses being located on a lot with a minimum lot area of two acres and subject to the lot, use and structures adhering to all other requirements set forth for the PV Pinelands Village Zone.

(5) Municipal parks, playgrounds and other municipal buildings and uses deemed appropriate and necessary by the Township Committee.

(6) Other public buildings of a governmental or cultural nature.[1]

[1] Editor's Note: Original § 109-79A(7) of the 1972 Code, pertaining to single-family residences, which immediately followed this subsection, was repealed 9-22-2003 by Ord. No. 28-03.

(7) Clubhouse or community recreation buildings associated with an age-restricted development consisting of at least 100 residential units.

[Added 3-27-2006 by Ord. No. 07-06]

B. The following accessory uses shall be permitted:

(1) Agricultural commercial establishments, provided that the products sold were grown by the owner on the premises.

(2) Accessory dwellings designed for the permanent housing of domestic or farm employees, provided that the total number of dwelling units on the lot shall not exceed one for each 100,000 square feet of lot area and that each such accessory dwelling unit shall contain not less than 600 square feet of gross floor area.

(3) Signs, subject to the provisions of § 244-79L.

(4) Private garage space for the storage of motor vehicles.

(5) Other customary accessory uses and buildings, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such building or use shall be located on the same lot as the principal building.

C. Area, yard and building requirements shall be as follows:

[Amended 9-22-2003 by Ord. No. 28-03]

(1) If a proposed dwelling is to be served by a standard septic system, the following standards shall apply:

(a) Minimum lot area: 3.2 acres.

(b) Minimum lot width: 250 feet.

(c) Minimum lot depth: 400 feet.

(d) Minimum front yard setback: 80 feet.

(e) Minimum side yard setback: 25 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum accessory structure setback: 20 feet, not permitted in front yard.

[Added 11-8-2004 by Ord. No. 40-04]

(2) If a proposed dwelling is to be served by an alternate-design pilot program treatment system, in accordance with § 244-79G(4)(f), or a public sanitary sewer system with adequate capacity to accommodate the additional flows, the following standards shall apply:

(a) Minimum lot area: one acre.

(b) Minimum lot width: 125 feet (130 feet for corner lots).

(c) Minimum lot depth: 250 feet.

(d) Minimum front yard setback: 60 feet.

(e) Minimum side yard setback: 10 feet; combined, 30 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum accessory structure setback: 10 feet, not permitted in front yard.

[Amended 11-8-2004 by Ord. No. 40-04]

D. The following conditional use shall be permitted:

[Added 5-6-2002 by Ord. No. 25-02]

(1) Resource extraction uses under § 244-79F.

§ 244-88 RD-1 Rural Development Zone.

[Amended 2-26-1996 by Ord. No. 4-96; 7-14-1997 by Ord. No. 10-97]

A. The following uses and accessory uses shall be permitted in the RD-1 Rural Development Zone:

(1) Same as permitted in the PV Pinelands Village Zone pursuant to § 244-87A and B.

(2) Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to service the RD-1 Zone only in accordance with § 244-79G(4)(b).

B. Area, yard and building requirements shall be as follows:

(1) Minimum lot area: 3.2 acres. Notwithstanding this requirement, no such minimum lot area for a nonresidential use in the RD-1 Zone shall be less than that needed to meet the water quality standards of § 244-79G(4)(b), whether or not the lot may be served by a centralized wastewater treatment or collection system.

(2) Minimum lot width: 250 feet.

(3) Minimum lot depth: 400 feet.

(4) Minimum front yard setback: 80 feet.

(5) Minimum side yard setback: 25 feet.

(6) Minimum rear yard setback: 50 feet.

(7) Minimum accessory structure setback: 20 feet, not permitted in front yard.

[Amended 11-8-2004 by Ord. No. 40-04]

(8) If a proposed dwelling is to be served by an alternate design system in accordance with § 244-79G(4)(f), the following area, yard and building requirements shall apply:

[Amended 11-8-2004 by Ord. No. 40-04]

(a) Minimum lot area: one acre.

(b) Minimum lot width: 125 feet (130 feet corner lots).

(c) Minimum lot depth: 250 feet.

(d) Minimum front yard setback: 60 feet.

(e) Minimum side yard setback: 10 feet; combined, 30 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum accessory structure setback: 10 feet, not permitted in front yard.

[Amended 11-8-2004 by Ord. No. 40-04]

C. Conditional uses are as follows:

(1) Resource extraction in accordance with § 244-79F.

§ 244-89 RD-9 Rural Development Zone.

[Added 7-14-1997 by Ord. No. 10-97]

A. The following uses shall be permitted in the RD-9 Rural Development Zone:

(1) Detached single-family dwelling units at a maximum density of one unit per nine acres.

[Amended 11-8-2004 by Ord. No. 40-04]

(a) Single lots for which no subdivision is required shall meet the following area, yard and building standards:

[1] Minimum lot size: nine acres.

[2] Minimum lot width: 250 feet.

[3] Minimum lot depth: 400 feet.

[4] Minimum front yard setback: 200 feet.

[5] Minimum rear yard setback: 50 feet.

[6] Minimum side yard setback: 25 feet each side.

[7] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[8] Maximum clearing per developed lot: 20,000 square feet.

(b) When two or more lots are proposed in the RD-9 Zone, mandatory clustering shall be required. All residential units shall be located on one-acre lots. The house lot (one acre) shall be referred to in this section as the "developed area" and the balance of the required acreage (eight acres per lot) shall be referred to as the "conservation area."

[1] Clustered developments shall be designed to protect the particular environmental attributes of the site, to maintain the conservation area in an undisturbed state, to promote the establishment of greenways on adjacent sites and to maximize the contiguity of protected lands as a means to providing habitat for threatened and endangered plant and animal species. The developed area shall be located and designed to promote efficient use of the existing infrastructure (roads, utilities, etc.) and coordinate with development on adjacent parcels. The design shall be subject to the review and approval of the Planning Board and the Pinelands Commission.

[2] For clustered lots the following standards apply:

[a] Minimum lot width: 150 feet.

[b] Minimum lot depth: 250 feet.

[c] Minimum lot frontage: 150 feet.

[d] Minimum front yard setback: 60 feet.

[e] Minimum rear yard setback: 50 feet.

[f] Minimum side yard setback: 10 feet one side/30 feet combined.

[g] Minimum accessory structure setback: 20 feet, not permitted in front yard.

[h] Maximum clearing per developed lot: 20,000 square feet.

[3] The conservation area shall be permanently deed-restricted as open space with no further development permitted through the imposition of a conservation easement to be approved by the Planning Board and its professionals.

[4] Recreation uses consistent with the requirements of § 244-200 may be permitted on the deed-restricted lands insofar as they are consistent with the types of recreational amenities typical of residential neighborhoods.

(2) Single-family dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted, provided that all of the following standards and criteria are met:

(a) 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 nine acres.

(b) All lands acquired pursuant to Subsection A(2)(a) above, which may or may not be developable, are located within the RD-9 Zone.

(c) All noncontiguous lands acquired pursuant to Subsection A(2)(a) and (b) 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 restrictions shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.

(d) Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed.

(e) The lot proposed for development otherwise meets the minimum standards of § 244-79, Design standards and management programs, of this chapter.

(3) Agriculture.

[Added 11-8-2004 by Ord. No. 40-04]

(4) Agricultural employee housing as an element of and accessory to an active agricultural operation.

[Added 11-8-2004 by Ord. No. 40-04]

(5) Forestry.

[Added 11-8-2004 by Ord. No. 40-04]

(6) Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted in the zone only in accordance with § 244-79G(4)(b).

[Added 11-8-2004 by Ord. No. 40-04]

(7) Recreation facilities, intensive and low intensive.

[Added 11-8-2004 by Ord. No. 40-04]

B. Accessory uses in the RD-9 Zone shall be restricted to the following:

[Amended 11-8-2004 by Ord. No. 40-04]

(1) Agricultural commercial establishments, provided that the products sold were grown by the owner on the premises.

(2) Signs subject to the provisions of § 244-79L.

(3) Private garage space for the storage of motor vehicles.

(4) Other customary accessory uses and buildings such as sheds and decks, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business.

C. Conditional uses are as follows:

(1) Resource extraction in accordance with § 244-79F.

(2) Institutional uses.

§ 244-90 RG-2 Regional Growth Zone.

A. The following uses shall be permitted in the RG-2 Zone:

(1) Same as permitted in the PV Pinelands Village Zone.

B. The following accessory uses shall be permitted in the RG-2 Zone:

(1) Same as permitted in the PV Pinelands Village Zone.

C. Area, yard and building requirements shall be as follows:

[Amended 2-26-1996 by Ord. No. 4-96; 9-22-2003 by Ord. No. 28-03]

(1) If a proposed dwelling is to be served by a standard septic system, the following standards shall apply:

(a) Minimum lot area: 3.2 acres.

(b) Minimum lot width: 250 feet.

(c) Minimum lot frontage: 200 feet.

(d) Minimum lot depth: 400 feet.

(e) Minimum front yard setback: 80 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum side yard setback: 25 feet.

(h) Minimum accessory structure setback: 20 feet, not permitted in front yard.

[Amended 11-8-2004 by Ord. No. 40-04]

(2) If a proposed dwelling is to be served by an alternate-design pilot program treatment system in accordance with § 244-79G(4)(f), the following standards shall apply:

(a) Minimum lot area: one acre.

(b) Minimum lot width: 125 feet (130 feet for corner lots).

(c) Minimum lot depth: 250 feet.

(d) Minimum front yard setback: 60 feet.

(e) Minimum side yard setback: 10 feet; combined, 30 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum accessory structure setback: 10 feet, not permitted in front yard.[1]

[Amended 11-8-2004 by Ord. No. 40-04]

[1] Editor's Note: Original § 109-81D, Conditional uses, of the 1972 Code, as amended, which immediately followed this subsection, was repealed 11-9-2010 by Ord. No. 29-10.

(3) For all developments of five dwelling units or more, Pinelands development credits shall be acquired and redeemed for 30% of the proposed units in accordance with § 244-102 et seq.

[Added 11-21-2017 by Ord. No. 22-17]

D. Conditional uses.

[Added 11-21-2017 by Ord. No. 22-17]

(1) Detached, single-family developments on lots less than one acre subject to the following conditions:

(a) Maximum density: 3.0 dwelling units per acre.

(b) Minimum lot area: 10,000 square feet.

(c) Minimum lot width: 100 feet.

(d) Minimum lot frontage: 80 feet.

(e) Minimum lot depth: 100 feet.

(f) Minimum front yard setback: 25 feet.

(g) Minimum side yard setback: 10 feet.

(h) Minimum rear yard setback: 25 feet.

(i) Minimum accessory structure setback: 10 feet, not permitted in front yard.

(j) Maximum building height: 2 1/2 stories and 35 feet.

(k) The proposed lots are to be serviced by a public sanitary sewer system.

(l) Compliance with the requirement of an affordable housing set-aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D-329.9.

[1] The units required for the affordable housing set-aside may be constructed as attached dwellings with a maximum of four dwelling units per building; such structures shall be subject to the bulk regulations set forth in this section.

(m) Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created.

(n) Acquisition and redemption of Pinelands development credits for 30% of the proposed units in accordance with § 244-102 et seq. Redemption of Pinelands development credits shall not be required for affordable housing units provided to meet the requirements of the Fair Housing Act, N.J.S.A. 52:27D-329.9, provided such affordable units do not exceed 20% of the total number of proposed units.

(2) Detached single-family developments are subject to the following standards only if the restrictions of the buffer overlay zone in accordance with § 244-101 will prevent achievement of the maximum residential density permitted:

(a) Maximum Density: 3.0 dwelling units per acre.

(b) Minimum lot area: 9,000 square feet.

(c) Minimum lot width: 75 feet.

(d) Minimum lot frontage: 75 feet.

(e) Minimum lot depth: 100 feet.

(f) Minimum front yard setback: 30 feet.

(g) Minimum side yard setback: 10 feet.

(h) Minimum rear yard setback: 30 feet.

(i) Minimum accessory structure setback: 10 feet, not permitted in front yard.

(j) Maximum building height: 2 1/2 stories and 35 feet.

(k) The proposed lots are to be serviced by a public sanitary sewer system.

(l) Compliance with the requirement of an affordable housing set-aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D-329.9.

[1] The units required for the affordable housing set-aside may be constructed as attached dwellings with a maximum of four dwelling units per building; such structures shall be subject to the bulk regulations set forth in this section.

(m) Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created.

(n) Acquisition and redemption of Pinelands development credits for 30% of the proposed units in accordance with § 244-102 et seq. Redemption of Pinelands development credits shall not be required for affordable housing units provided to meet the requirements of the Fair Housing Act, N.J.S.A. 52:27D-329.9, provided such affordable units do not exceed 20% of the total number of proposed units.

§ 244-91 RG-3 Regional Growth Zone.

A. The following uses shall be permitted in the RG-3 Zone:

(1) Same as permitted in the PV Pinelands Village Zone.

B. The following accessory uses shall be permitted in the RG-3 Zone:

(1) Same as permitted in the PV Pinelands Village Zone.

C. Area, yard and building requirements shall be as follows:

[Amended 9-22-2003 by Ord. No. 28-03]

(1) If a proposed dwelling is to be served by a standard septic system, the following standards shall apply:

(a) Minimum lot area: 3.2 acres.

(b) Minimum lot width: 250 feet.

(c) Minimum lot frontage: 200 feet.

(d) Minimum lot depth: 400 feet.

(e) Minimum front yard setback: 80 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum side yard setback: 25 feet.

(h) Minimum accessory structure setback: 20 feet, not permitted in front yard.

[Amended 11-8-2004 by Ord. No. 40-04]

(2) If a proposed dwelling is to be served by an alternate-design pilot program treatment system in accordance with § 244-79G(4)(f), the following standards shall apply:

(a) Minimum lot area: one acre.

(b) Minimum lot width: 125 feet (130 feet for corner lots).

(c) Minimum lot depth: 250 feet.

(d) Minimum front yard setback: 60 feet.

(e) Minimum side yard setback: 10 feet; combined, 30 feet.

(f) Minimum rear yard setback: 50 feet.

(g) Minimum accessory building setback: 10 feet.

(h) Minimum accessory structure setback: 20 feet, not permitted in front yard.[1]

[Amended 11-8-2004 by Ord. No. 40-04]

[1] Editor's Note: Original § 109-82D, Conditional uses, of the 1972 Code, as amended, which immediately followed this subsection, was repealed 11-9-2010 by Ord. No. 29-10.

(3) For all developments of five dwelling units or more, Pinelands development credits shall be acquired and redeemed for 30% of the proposed units in accordance with § 244-102 et seq.

[Added 11-21-2017 by Ord. No. 22-17]

D. Conditional uses.

[Added 11-21-2017 by Ord. No. 22-17]

(1) Detached, single-family developments on lots less than one acre subject to the following conditions:

(a) Maximum density: 4.5 dwelling units per acre.

(b) Minimum lot area: 7,500 square feet.

(c) Minimum lot width: 75 feet.

(d) Minimum lot frontage: 60 feet.

(e) Minimum lot depth: 100 feet.

(f) Minimum front yard setback: 30 feet.

(g) Minimum side yard setback: 8 feet one side; 20 feet combined.

(h) Minimum rear yard setback: 25 feet.

(i) Minimum accessory structure setback: five feet, not permitted in front yard.

(j) Maximum building height: 2 1/2 stories and 35 feet for single family homes; three stories and 40 feet for multifamily affordable housing buildings.

[Amended 1-3-2023 by Ord. No. 30-22]

(k) The proposed lots are to be serviced by a public sanitary sewer system.

(l) Compliance with the requirement of an affordable housing set-aside as set forth in the Fair Housing Act, N.J.S.A. 52:27D-329.9.

[1] The units required for the affordable housing set-aside may be constructed as attached dwellings with a maximum of 24 dwelling units per building; such structures shall be subject to the bulk regulations set forth in this section.

[Amended 1-3-2023 by Ord. No. 30-22]

(m) Submission of a traffic impact assessment for all preliminary major subdivisions regardless of the number of lots created.

(n) Acquisition and redemption of Pinelands development credits for 30% of the proposed units in accordance with § 244-102 et seq. Redemption of Pinelands development credits shall not be required for affordable housing units provided to meet the requirements of the Fair Housing Act, N.J.S.A. 52:27D-329.9, provided such affordable units do not exceed 20% of the total number of proposed units.

§ 244-92 PED Pinelands Environmental Development District.

[Added 3-27-2006 by Ord. No. 07-06[1]]

A. Purpose. The purpose of the Pinelands Environmental Development District is to implement a new zoning district within the rural development management area of the Pinelands Area that will permit low-density residential development with a development option for a planned retirement community that requires the development to be located away from environmentally sensitive lands. Specifically, the development will be directed away from areas identified as habitat for threatened and/or endangered species toward designated development "receiving areas." The PED will allow for coordinated development on contiguous lands within the Toms River Corridor in Jackson and Manchester Townships. The Pinelands Environmental Development District is comprised of a PED-9 Zone and a PED-1 Zone. The PED-9 Zone permits single-family detached housing units on lots of nine acres and the PED-1 Zone permits single-family detached housing units on lots 3.2 acres. Both the PED-9 and PED-1 require cluster development on one-acre lots. The Pinelands Environmental Development District permits development at a higher density for planned retirement communities, provided that all development is clustered within the PED-1 Zone and that the designated sending areas (PED-9) are deed restricted in accordance with Pinelands Commission regulations for intermunicipal transfers.

B. Maximum density. The maximum number of dwelling units within a planned retirement community within the PED district shall not exceed a total of 600 single-family detached dwelling units. The maximum number of units that may be generated from Block 62, Lots 30, 31 and 32 in Manchester is 330, as specified in the settlement agreement between Manchester Development Group, LLC, and Manchester Township. The maximum number of single-family detached age-restricted dwelling units that may be generated from Block 54, Lots 26 and 28 in Jackson Township is 250. In order to effectuate the development transfer, an intermunicipal agreement between Jackson and Manchester shall be executed and the applicant shall submit a general development plan in accordance with N.J.S.A. 40:55D-45.1 and applicable municipal ordinances.

C. Permitted uses. The following uses shall be permitted in the PED. District:

(1) Single-family detached housing in accordance with the standards set forth below:

(a) PED-9. One single-family dwelling unit per nine acres (0.111 du/acre). All development shall be clustered on lots a minimum of one acre in size in accordance with the standards set forth in § 244-89A(1)(a)[2] through [4]. Clustered developments shall be designed to protect the particular environmental attributes of the site, to maintain the conservation area in an undisturbed state, to promote the establishment of greenways on adjacent sites and to maximize the contiguity of protected lands as a means to providing habitat for threatened and endangered plant and animal species. The developed area shall be located and designed to promote efficient use of the existing infrastructure (roads, utilities, etc.) and coordinate with development on adjacent parcels. The design shall be subject to review and approval of the Planning Board and the Pinelands Commission. Permitted development may be transferred to a PED-1 Zoning District with the use of the PED planned retirement community option in accordance with Subsection C(2) below.

(b) PED-1. One single-family dwelling unit per 3.2 acres (0.313 du/acre). All development shall be clustered on lots a minimum of one acre in size in accordance with the standards set forth in Subsection C(1)(a) above.

(2) PED planned retirement community development option. The PED planned retirement community development option allows for the transfer of units from Jackson Township to Manchester Township. The planned retirement community option shall be permitted within the PED-1 and PED-9 Zones, provided that the plan conforms to the conditions set forth in Manchester Township's Land Use and Development Regulations Section 35-34.22(c)(2) and (3) are met.

(3) Agriculture.

(4) Places of worship, such as churches, synagogues, parish houses, convents and the like, subject to the conditions set forth in § 244-115.

(5) Municipal parks and playgrounds and other municipal uses deemed appropriate and necessary by the Township Committee.

(6) Other public buildings of a governmental or cultural nature.

D. Accessory uses. Accessory uses shall be the same as those permitted in the PV Zone.

[1] Editor's Note: This ordinance also repealed original § 109-83, RG-4 Regional Growth Zone, of the 1972 Code, as amended.

§ 244-93 PVC-1 Pinelands Village Commercial Zone.

A. The following uses shall be permitted in the PVC-1 Pinelands Village Commercial Zone:

(1) Stores selling, at retail, groceries, meats, baked goods and other such food items, provided that such items are not produced on the premises.

(2) Drug and pharmaceutical stores.

(3) Hardware, paint, household supplies and electrical appliance stores.

(4) Package liquor stores.

(5) Stationery, tobacco and newspaper stores.

(6) Luncheonettes, restaurants, stores and places for the same and consumption of soft drinks, ice cream and beverages and drive-in diners, open-air restaurants and places providing entertainment.

(7) Barbershops and beauty shops.

(8) Shoe repair shops.

(9) Tailor shops, dry-cleaning services and self-service laundries shall be permitted, provided that public sewerage facilities are available.

(10) Professional and business offices, banks and fiduciary institutions.

(11) Parking lots for passenger vehicles, but not for the storage of vehicles for sale or hire.

B. The following accessory uses shall be permitted in the PVC-1 Pinelands Village Commercial Zone:

(1) Off-street parking, subject to the provisions of § 244-197 of this chapter.

(2) Signs, subject to the provisions of § 244-79L.

C. Area, yard and building requirements shall be as follows:

(1) Minimum lot area: 20,000 square feet, provided that no nonresidential use shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.

[Amended 4-12-1993 by Ord. No. 10-93]

(2) Minimum lot width: 100 feet; 120 feet for corner lots.

(3) Minimum front setback: 60 feet.

(4) Minimum rear setback: 30 feet.

(5) Minimum side setback: combined 30 feet; one side, not less than 10 feet.

(6) Maximum building height: 35 feet.

(7) Parking area setback.

[Added 5-27-2003 by Ord. No. 12-03]

(a) Parking area setback from ROW: 20 feet.

(b) Parking area setback from property line: 20 feet to adjacent residential; 10 feet to adjacent nonresidential.

D. Conditional uses shall be as follows:

(1) Public utility installations.

§ 244-94 PVC-2 Pinelands Village Commercial Zone.

A. The following uses shall be permitted in the PVC-2 Pinelands Village Commercial Zone:

(1) Stores selling, at retail, groceries, meats, baked goods and other such food items, provided that such items are not produced on the premises.

(2) Drug and pharmaceutical stores.

(3) Hardware, paint, household supplies and electrical appliance stores.

(4) Package liquor stores.

(5) Stationery, tobacco and newspaper stores.

(6) Barbershops and beauty shops.

(7) Shoe repair shops.

(8) Tailor shops, dry-cleaning services and self-service laundries shall be permitted, provided that public sewerage facilities are available.

(9) Professional and business offices, banks and fiduciary institutions.

(10) Parking lots for passenger vehicles, but not for the storage of vehicles for sale or hire.

(11) Business or commercial offices.

(12) Bars or cocktail lounges.

(13) Dry goods and department stores.

(14) Furniture stores.

(15) Bakeries where products are sold at retail only.

(16) Funeral homes.

(17) Restaurants, including the consumption of alcoholic beverages, but excluding drive-in or open-air restaurants.

(18) Shops of a plumber, electrician, carpenter, printer or painter.

(19) Services and repair businesses limited to radios, television and small home appliances.

(20) Jewelry stores, florists, sporting goods and camera shops.

(21) Municipal parks, playgrounds and other municipal buildings and uses deemed appropriate and necessary by the Township Committee.

(22) Other public buildings of a governmental or cultural nature.

B. The following accessory uses shall be permitted in the PVC-2 Pinelands Village Commercial Zone:

(1) Off-street parking, subject to the provisions of § 244-197 of this chapter.

(2) Signs, subject to the provisions of § 244-79L.

C. Area, yard and building requirements shall be as follows:

(1) Minimum lot area: 20,000 square feet, provided that no nonresidential use shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant.

[Amended 4-12-1993 by Ord. No. 10-93]

(2) Minimum lot width: 100 feet; 120 feet for corner lots.

(3) Minimum front setback: 60 feet.

(4) Minimum rear setback: 30 feet.

(5) Minimum side setback: combined, 30 feet; one side, not less than 10 feet.

(6) Maximum building height: 35 feet.

(7) Parking area setback.

[Added 5-27-2003 by Ord. No. 12-03]

(a) Parking area setback from ROW: 20 feet.

(b) Parking area setback from property line: 20 feet to adjacent residential; 10 feet to adjacent nonresidential.

D. Conditional uses shall be as follows:

(1) Public utility installations.

(2) Automobile service stations, excluding, however, body shops and major auto repair shops.

§ 244-95 RGC-1 Regional Growth Commercial Zone.

A. The following uses shall be permitted in the RGC-1 Regional Growth Commercial Zone:

(1) Same as permitted in the PVC-1 Pinelands Village Commercial Zone.

B. The following accessory uses shall be permitted in the RGC-1 Regional Growth Commercial Zone:

(1) Same as permitted in the PVC-1 Pinelands Village Commercial Zone.

C. Area, yard and building requirements shall be as follows:

(1) Same as required in the PVC-1 Pinelands Village Commercial Zone.

D. Conditional uses shall be as follows:

(1) Same as permitted in the PVC-1 Pinelands Village Commercial Zone.

§ 244-96 RGC-2 Regional Growth Commercial Zone.

A. The following uses shall be permitted in the RGC-2 Regional Growth Commercial Zone:

(1) Same as permitted in the PVC-2 Pinelands Village Commercial Zone.

B. The following accessory uses shall be permitted in the RGC-2 Regional Growth Commercial Zone:

(1) Same as permitted in the PVC-2 Pinelands Village Commercial Zone.

C. Area, yard and building requirements shall be as follows:

(1) Same as required in the PVC-2 Pinelands Village Commercial Zone.

D. Conditional uses shall be as follows:

(1) Same as permitted in the PVC-2 Pinelands Village Commercial Zone.

§ 244-96.1 JB MDL RGC-3 Joint Base-McGuire-Fort Dix-Lakehurst Compatible Commercial Development Zone.

[Added 8-12-2014 by Ord. No. 13-14]

A. The following uses shall be permitted within the JB MDL RGC-3 Zone:

(1) Municipal buildings and associated uses.

(2) Other public uses deemed necessary by the Township Council of the Township of Jackson.

(3) High technology and research facilities associated with nonhazardous research and development.

(4) Industrial research and manufacturing flex-space facilities associated with the nonhazardous temporary or long-term needs of the JB MDL.

(5) General, professional, and commercial office facilities.

(6) Food processing and associated industries.

(7) Research and testing laboratories.

(8) The warehousing or storage of goods and products.

(9) Fabrication of metal, paper, and wood products.

(10) Other permissible industry, including but not limited to electric light and power and other utility company installations; farm machinery sales and service; laundering and cleaning establishments; motion-picture exchange; photofinishing; printing plants; pharmaceutical products; and the manufacturing of light machinery, brushes, brooms, plastic products, electronic products, glass, glass products, jewelry (including gem polishing), pottery, ceramic products, sporting goods, thread, yarn, and leather goods manufacturing, except the curing, tanning and finishing of hides.

(11) Permitted uses in accordance with § 244-94, Pinelands Village Commercial Zone.

(12) Single-family residential uses, as follows:

(a) In accordance with the cultural housing standards of § 244-98;

(b) In accordance with the substandard lot standards of § 244-99;

(c) On lots existing as of the date of adoption of this section, provided that:

[1] The residential dwelling shall have direct access to an existing, improved public road;

[2] The residential dwelling shall be located no further than 200 feet from a principal residential structure in existence as of the date of adoption of this section; and

[3] The applicant purchases and redeems (0.25) of a Pinelands development credit for each residential dwelling; or

(d) Single-family residential uses, in existence as of the date of adoption of this section, are to be considered conforming in use, lot area, lot frontage, lot width, and lot depth and may be expanded in size only, and construct accessory structures, in accordance with the following yard and building requirements:

[1] Minimum front yard setback: 60 feet.

[2] Minimum side yard setback: 10 feet; combined, 30 feet.

[3] Minimum rear yard setback: 50 feet.

[4] Minimum accessory structure setback: 10 feet for structures under 100 square feet, 25 feet for structures over 100 square feet; not permitted in a front yard.

B. The following accessory uses shall be permitted within the JB MDL RGC-3 Zone for nonresidential development:

(1) As set forth in § 244-97B.

C. Conditional uses within the JB MDL RGC-3 Zone shall be as follows:

(1) Hotel or motel, subject to the provisions of § 244-124.

(2) Public utilities, subject to the provisions of § 244-128.

(3) Veterinary clinics, hospitals or animal care facilities, subject to the provisions of § 244-132.

(4) Mini storage facilities, subject to the provisions of § 244-126.

(5) Any industrial use similar to and not inconsistent with the uses listed in Subsection A above may be permitted, provided that:

(a) At no time shall any use permitted in this article cause or result in dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, noise, glare or vibration beyond the boundaries of the JB MDL RGC-3 Zone.

(6) Industrial parks containing any of the uses as set forth in Subsection A or C above, provided that:

(a) Said proposed use shall have a total area of at least 20 acres; and

(b) The performance standards contained in § 244-160 are met.

(7) Cemeteries and mausoleums, subject to the provisions of § 244-113.

(8) Commercial recreation activities, subject to the provisions of § 244-116.

(9) Solar energy facilities, subject to the provisions of § 244-133.1.

D. Area, yard and building requirements shall be as follows, for all nonresidential development:

(1) As set forth in § 244-97C (PM-1 Pinelands Manufacturing Zone), except for the following:

(a) Section 244-97C(7), Maximum lot coverage, of all developable uplands, excluding wetlands, wetlands buffers, and riparian zones and buffers, is 75%.

(2) Maximum floor area ration (FAR) for development on the permitted 75% described above [Subsection D(1)] is 1.3.

E. Requirements for the use of Pinelands development credits.

(1) For the permitted and conditional uses listed in Subsections A(2) through (11) and C(1) through (6) above, 0.25 of a Pinelands development credit shall be purchased and redeemed for every 6,500 square feet of floor area, or portion thereof.

(2) For the conditional uses listed in Subsections C(7) through (9) above, 0.25 of a Pinelands development credit shall be purchased and redeemed for every acre, or portion thereof, of land on the parcel.

(3) If the number of Pinelands development credits required to be purchased and redeemed pursuant to Subsection E(1) or (2) above is not evenly divisible by 0.25, it shall be increased to the next highest increment of 0.25.

F. No use, density, or lot coverage, variance or other approval shall be granted:

(1) For a residential use within the JB MDL RGC-3 Zone not permitted pursuant to A(12) above, unless Pinelands development credits are purchased and redeemed for 100% of the authorized units, at 0.25 per unit; or

(2) For a nonresidential use within the JB MDL RGC-3 Zone similar to those listed in Subsection A or C(1) through C(6) above, unless one-quarter of one Pinelands development credit (i.e., one right) is purchased and redeemed for every 6,500 square feet of floor area, or portion thereof.

(3) For a land-extensive nonresidential use within the JB MDL RGC-3 Zone similar to those listed in Subsection C(7) through C(9) above, unless one-quarter of one Pinelands development credit (i.e., one right) is purchased and redeemed for every acre, or portion thereof, of land on the parcel.

§ 244-97 PM-1 Pinelands Manufacturing Zone.

A. The following uses shall be permitted in the PM-1 Pinelands Manufacturing Zone:

(1) General office facilities.

(2) Professional and commercial office facilities.

(3) Food processing and associated industries comprising any of the following:

(a) Bakeries.

(b) Canning or bottling of food, beverages or dairy products.

(c) Food and cereal mixing and milling.

(d) Food processing, sundry food manufacturing and manufacturing of spirituous liquor.

(4) Research and testing laboratories comprising any of the following: biological, chemical, dental, electronic, pharmaceutical and general, provided that there is no commercial production of goods for sale or otherwise.

(5) The warehousing or storage of goods and products, provided that no goods are sold from the premises, and provided further that all items to be stored are within an enclosed building.

(6) Manufacturing of light machinery, comprising any of the following:

(a) Small machines or small machine parts.

(b) Cash registers.

(c) Sewing machines.

(d) Typewriters, calculators and other office machines.

(7) Fabrication of metal products, comprising any of the following:

(a) Baby carriages, bicycles and other vehicles.

(b) Metal wire or foil (tin, aluminum, gold, etc.).

(c) Metal furniture.

(d) Musical instruments.

(e) Sheet metal products.

(f) Toys.

(8) Fabrication of paper products, comprising any of the following:

(a) Bags.

(b) Bookbinding.

(c) Boxes and packaging materials.

(d) Office supplies.

(e) Toys.

(9) Fabrication of wood products, comprising any of the following:

(a) Boats.

(b) Boxes.

(c) Cabinets and woodworking.

(d) Furniture.

(e) Toys.

(10) Other permissible industry comprising any of the following:

(a) Brush and broom manufacturing.

(b) Plastic products manufacturing.

(c) Electric light and power and other utility company installations.

(d) Electronic products manufacturing.

(e) Farm machinery sales and service.

(f) Glass and glass products manufacturing.

(g) Jewelry manufacturing including gem polishing.

(h) Laundering and cleaning establishments.

(i) Leather goods manufacturing except curing, tanning and finishing of hides.

(j) Motion-picture exchange.

(k) Pharmaceutical products.

(l) Photofinishing.

(m) Pottery and ceramic products manufacturing.

(n) Printing plants.

(o) Sporting goods manufacturing.

(p) Thread and yarn manufacturing.

(11) In addition to the above-listed uses, any office or industrial use similar to and not inconsistent with the above may be permitted, provided that at no time shall any use permitted in this article cause or result in:

(a) Dissemination of dust, smoke, smog, observable gas, fumes or odors or other atmospheric pollution, noise, glare or vibration beyond the boundaries of the industrial zone.

(b) Hazard of fire or explosion or other physical hazard to any adjacent building or to any plant growth on any land adjacent to the site of the use.

(12) Industrial parks containing any of the uses as set forth above, provided that said proposed use shall have a total area of at least 20 acres. In addition thereto, any use not specifically excluded, provided that the performance standards contained in § 244-160 are met.

(13) Municipal buildings and other public uses deemed necessary by the Township Committee of the Township of Jackson.

B. The following accessory uses shall be permitted in the PM-1 Pinelands Manufacturing Zone:

(1) Private garage space necessary to store or repair any vehicles associated with a permitted principal use on the premises.

(2) Dwelling units in conjunction with any industrial use, solely for the housing of caretakers, guards or other custodial employees.

(3) Off-street parking space for employees and/or visitors, subject to the provisions of § 244-197 of this chapter.

(4) Signs, subject to the provisions of § 244-79L.

(5) Banks, post offices, restaurants and office buildings, which uses shall be permitted accessory uses only in instances where the primary use is as set forth in § 244-97A above.

(6) Accessory uses customarily associated with the industrial, research or office uses permitted in § 244-97A above, such as employee cafeterias and employee recreational facilities.

C. Area, yard and building requirements shall be as follows:

(1) Minimum lot area: two acres.

(2) Minimum lot frontage: 200 feet.

(3) Minimum front setback: 100 feet from any major street; 60 feet from all other streets.

(4) Minimum rear setback: 50 feet.

(5) Minimum side setback: combined, 60 feet; one side, not less than 25 feet.

(6) Maximum building height: 50 feet.

(7) Maximum lot coverage: 50%.

(8) Parking area setback.

[Added 5-27-2003 by Ord. No. 12-03]

(a) Parking area setback from ROW: 20 feet.

(b) Parking area setback from property line: 20 feet to adjacent residential; 10 feet to adjacent nonresidential.

D. Conditional uses shall be as follows:

(1) Hotel or motel (§ 244-124).

(2) Resource extraction in accordance with § 244-79F.

(3) Public utilities (§ 244-128).

(4) Recycling activity center (§ 244-130).

(5) Truck terminals (§ 244-131).

(6) Veterinary clinics, hospitals or animal care facilities (§ 244-132).

E. Other provisions and requirements.

(1) Each use located in the PM-1 Zone shall provide truck loading and unloading facilities on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street.

(2) No required off-street loading areas shall be located in any required front setback.

(3) Where the PM-1 Zone abuts a residential zone, whether along a property line or across a street, there shall be provided a one-hundred-foot buffer screening strip, as set forth in § 244-193.

(4) Each use permitted in the PM-1 Zone shall be served by a public sewage disposal system or by a private disposal system which meets the approval of the State and Township Boards of Health and the Jackson Township Municipal Utilities Authority. Any private disposal system shall be so designed as will, in the opinion of the Township Engineer, enable the system to be efficiently connected to the prospective public disposal system when constructed.

(5) Uses established in this zone shall set aside a minimum of 20% of the area of the tract devoted to such use for seeding and landscaping and shall use this area for no other purpose.

(6) All industrial activities or processes shall take place within a completely enclosed building. Incidental storage out of doors shall be shielded from any street or adjacent residential zone by fencing, landscaping or other appropriate measure.

(7) All new streets, whether intended for public dedication or to remain as private streets, shall provide curbing and shall be designed to provide a forty-foot paved surface within a sixty-six-foot right-of-way. Such streets shall be constructed in accordance with specifications prepared by the Township Engineer for industrial-type streets.

(8) Industrial parks containing such permitted uses as set forth herein shall have a total area of not less than 20 acres. All streets within industrial parks shall be private, and there shall be adequate provisions for repair and maintenance so as to relieve the Township of Jackson from any responsibility for the upkeep of such streets.

(9) No use shall be conducted in such a way as to discharge any treated or untreated industrial waste, except as shall be approved by the Health Officer, Jackson Township. Municipal Utilities Authority and any applicable state agency having jurisdiction in such matters.

(10) Provision and use of water. All water requirements shall be stated in the application. Water shall be supplied from wells only after an approved or accepted geologic study of furnished by the applicant and certification by a professional geologist that the underground water supply and levels will not be appreciably altered in such a way as to endanger the water level and supply for other properties.

F. Prohibited uses.

(1) In no event shall the above provisions of the PM-1 Zone be interpreted to permit any of the following uses:

	Abattoir
	Acetylene gas manufacture and/or storage
	Acid manufacture (hydrochloric, nitric, picric, sulfuric, sulfanous, carbolic)
	Ammonia, bleaching powder or chlorine manufacture
	Arsenal
	Blast furnace
	Celluloid manufacture
	Cement, lime, gypsum, plaster of paris manufacture
	Coal distillation
	Coke ovens
	Creosote treatment or manufacture
	Dead animal and offal reduction
	Distillation of bones, coal, petroleum, refuse, grain or wood, except in the manufacture of gas
	Distillation of tar
	Explosives, fireworks and gunpowder manufacture or storage
	Fat rendering
	Forge plant
	Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, dead animals or offal
	Oil cloth or linoleum manufacture
	Ore reduction
	Petroleum or kerosene refining, distillation or derivation of by products and/or storage
	Potash works
	Power forge (riveting, hammering, punching, chipping, drawing, rolling or tumbling of iron, steel, brass or copper, except as a necessary incident of manufacture of which these processes form a minor part and which are carried on without objectionable noise outside the plant)
	Rolling mill steel furnace, blooming or rolling mill
	Rubber treatment or reclaiming plant
	Stockyards

(2) Residential dwelling units, other than those utilized in conjunction with a farm operation existing at the time of the passage of this chapter, or as permitted by § 244-97B(2) above, shall be strictly prohibited in the PM-1 Zone.

(3) Retail businesses of any type, with the exception of those providing a direct service to a permitted use as set forth in § 244-97A above, such as banks, luncheonettes or post offices.

§ 244-98 Cultural housing.

[Amended 4-12-1993 by Ord. No. 10-93]

A. Residential dwellings on lots of 3.2 acres are permitted within the PA, FA-1 or FA-2 Zone, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

(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 individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;

(3) 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

(4) 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 has resided in the Pinelands for a total of at least 20 different years.

B. Residential dwellings on one-acre lots may be permitted within the PA, FA-1, FA-2 or FA-3 Zone, provided that:

(1) The applicant satisfies all of the requirements set forth in Subsection A above;

(2) 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;

(3) The applicant qualifies for and receives from the Township a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection A above;

(4) The applicant purchases and redeems 0.25 Pinelands development credits; and

(5) Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 244-102C(3) of this chapter.

§ 244-99 Substandard lots.

[Amended 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96; 4-12-1993 by Ord. No. 10-93; 7-14-1997 by Ord. No. 10-97]

A. Notwithstanding the density limitations or any other provisions of this article, the owner of a parcel of land of an acre or more in the FA-1, FA-2 and FA-3 Zones or the RD and RD-9 Rural Development Zones shall be entitled to develop one detached single-family dwelling on the parcel, provided that:

(1) The dwelling unit will be the principal residence of the property owner or a member of the immediately 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 immediately 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.

§ 244-100 General regulations.

The following general regulations apply only to the development of lands in the Pinelands Area, Jackson Township, and are in addition to those regulations cited in Articles X and XII of this chapter.

A. Notwithstanding the use restrictions contained in this article, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in § 244-79, may be expanded or altered, provided that:

[Amended 12-30-1996 by Ord. No. 27-96]

(1) The use was not abandoned or terminated subsequent to January 14, 1981;

(2) The expansion or alteration of the use is in accordance with all of the minimum standards of § 244-79; and

(3) The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.

B. Height limitations.

(1) No structure, including radio and television transmission and other communication facilities which are not accessory to an otherwise permitted use, shall exceed a height of 35 feet, except as provided in § 244-100B(2) below.

[Amended 12-30-1996 by Ord. No. 27-96]

(2) The height limitation in § 244-100B(1) above shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform to the objectives of § 244-156 of this chapter:

(a) Silos, barns and other agricultural structures.

(b) Church spires.

(c) Cupolas.

(d) Domes.

(e) Monuments.

(f) Water towers.

(g) Fire observation towers.

(h) Electric transmission facilities and supporting structures.

(i) Windmills.

(j) Chimneys.

(k) Smokestacks.

(l) Derricks.

(m) Conveyers.

(n) Flag poles.

(o) Masts.

(p) Aerials.

(q) Solar energy facilities.

(r) Similar structures required to be placed above the roof level and not intended for human occupancy.

(s) Antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use.

[Added 12-30-1996 by Ord. No. 27-96]

(3) The height limitation in § 244-100B(1) above shall not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

[Added 12-30-1996 by Ord. No. 27-96]

C. In the Pinelands Area, no more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.

§ 244-101 Toms River Corridor Buffer Overlay.

[Added 1-1-2005 by Ord. No. 47-04; amended 7-11-2005 by Ord. No. 27-05]

A. Purpose and intent. It is the purpose and intent of this section to ensure that a balance between human settlement and conservation of wildlife habitat may be maintained over the long term. The requirements set forth in this section are intended to complement existing and future tools for preservation and protection of critical natural resources. As a result of the study conducted by the Toms River Corridor Taskforce,[1] it has been determined that there are inadequate mechanisms in place for the protection of upland habitats of threatened and endangered species. Therefore, an expanded buffer requirement along the main stem of the Toms River and the Ridgeway Branch is being established as a means of providing additional protection to vital wildlife habitat and ensuring that threatened and endangered species have an opportunity to thrive in Jackson Township.

[1] Editor's Note: The Toms River Corridor Taskforce consisted of members of the Pinelands Commission and the Pinelands Commission staff, representatives of Jackson Township and Manchester Township, NJ DEP's Division of Watershed Management, NJ DEP's Endangered and Nongame Species Program, Ocean County Planning Department, Navy Lakehurst Engineering Station, NJ DEP Green Acres Program, Pinelands Preservation Alliance, NJ Conservation Foundation and NJ Audubon Society, as well as technical contributors.

B. Applicability. Along the main stem of the Toms River and the Ridgeway Branch within the Pinelands National Reserve in Jackson Township, the minimum wetlands buffer requirement of 300 feet shall be applied, and in addition an uplands buffer 300 feet in width shall also be applied to ensure protection for known upland species by creating a wider undisturbed corridor. The total buffer width is 600 feet from the wetlands boundary associated with the Toms River and Ridgeway Branch. A map entitled "Jackson Township Toms River Buffer Overlay" (dated December 6, 2004, and revised May 19, 2005) is intended to serve as a guide and for explanatory purposes, but for each property the actual location of the wetlands and buffer delineations will require field verification and approval. Lots that fall wholly or partly within the buffer overlay must comply with the regulations of the underlying zoning designation and all other applicable regulations, as well as the regulations set forth in this section.

C. Permitted uses. The following uses shall be permitted within the buffer overlay:

(1) Low intensity recreational uses, which do not involve use of a structure.

(2) Forestry, fish and wildlife management.

(3) Existing active agriculture (as of the effective date of this section) within the buffer overlay may continue and is permitted limited expansion pursuant to § 244-101E(6) below.

(4) Existing dwellings or commercial structures (as of the effective date of this section) within the buffer overlay may continue to exist and are permitted limited expansion pursuant to § 244-101E(4) below.

(5) Existing resource extraction activities and mining operations (as of the effective date of this section) may continue in accordance with a valid mining permit issued pursuant to § 244-79F(6) and are permitted limited expansion pursuant to § 244-101E(5) below.

(6) Horticulture of native Pinelands species and berry agriculture.

(7) Beekeeping.

(8) Bridges, roads, trails, utility transmission and distribution facilities and other similar linear facilities in accordance with § 244-79A(7).

D. Prohibited uses. No development shall be permitted within the buffer overlay, except as specifically authorized in § 244-101C above and § 244-101E below. This prohibition includes, but is not limited to:

(1) Intensive recreation facilities.

(2) Buildings, structures, and impervious surface.

(3) Stormwater management facilities.

(4) Clearing.

(5) New agricultural activities except as permitted in § 244-79A(1) and (2).

(6) New resource extraction activities or mining operations.

E. Exceptions. Notwithstanding the use restrictions contained in § 244-101C and D above, lots that meet one of the following conditions may be granted relief from strict adherence to the buffer overlay requirement. The relief mechanism has been designed to ensure that each property owner may attain a minimum threshold of economic and functional use of the property. When an applicant proposes development within the buffer overlay in a manner that is not consistent with the requirements set forth in this section or where the application requires a site plan, subdivision, or variances, the applicant must seek approval from the municipal board with jurisdiction.

(1) On lots in the FA-1, FA-2, FA-6, PV, RD, RD-1, RD-9 Zoning Districts in which the entire lot is effectively consumed by the buffer overlay such that no building can be constructed that would meet the bulk requirements of the zone, the applicant may prepare and submit a plan that proposes the construction of one single-family house with a garage within the buffer overlay. The applicant shall obtain a Pinelands preliminary zoning permit from the local Zoning Officer in accordance with § 244-78, prior to obtaining building permits. The Zoning Officer will confirm that the proposal meets the requirements set forth in § 244-101F below in addition to all other applicable requirements. If the proposal does not comply, the applicant shall apply to the Zoning Board for a variance. Building permits for construction within the buffer overlay shall not be issued until the footprint of disturbance has been located on a plot plan and approved by the Zoning Officer through issuance of a preliminary zoning permit. The criteria that shall be considered by the Zoning Officer, Zoning Board, Planning Board, as the case may be, are listed in § 244-101F below.

(2) On lots in the PM-1, PVC-2 and JB MDL RGC-3 Zoning Districts in which the entire lot is effectively consumed by the buffer overlay such that no building can be constructed that would meet the bulk requirements of the zone, the applicant may prepare and submit a concept plan that allows for the construction of a nonresidential building, not to exceed 3,000 square feet of nonresidential floor area. The applicant shall obtain a certificate of filing from the Pinelands Commission prior to submitting the proposal and request for variance relief to the municipal board with jurisdiction. The proposal and request for variance relief will be reviewed by the municipal Planning Board at the time of site plan review. The criteria that shall be considered by the Zoning Officer, Zoning Board, and Planning Board are listed in § 244-101F below. In the JB MDL RGC-3 Zoning District, the applicant shall be required to purchase and redeem one-quarter of one Pinelands development credit (i.e., one right) prior to issuance of any zoning or building permits.

[Amended 8-12-2014 by Ord. No. 13-14]

(3) Lots in the RG-2 Zoning District.

[Amended 11-21-2017 by Ord. No. 22-17[2]

(a) On lots in the RG-2 Zoning District that are not to be served by public sewer and where the entire property is effectively consumed by the buffer matrix such that no building can be constructed that would meet the bulk requirements of the zone, the applicant may prepare and submit a plan that allows for the construction of one reasonably sized single-family house on a minimum of one acre with an alternate-design septic system [in accordance with § 244-90C(2)]. The proposal and buffer waiver request will be reviewed by the Municipal Planning Board and subject to approval by the Pinelands Commission. Permits for construction within the buffer will not be issued until a waiver has been obtained and the footprint of disturbance has been located on a plot plan and approved by the Planning Board. The criteria that shall be considered by the Planning Board and Pinelands Commission are listed in § 244-101F below.

(b) On lots in the RG-2 Zoning District that are to be served by a public sewer system, in which the entire property is effectively consumed by the buffer matrix such that no building can be constructed that would meet the bulk requirements of the zones, the applicant may prepare and submit a plan that allows for the construction of one single-family house that complies with the standards set forth for lots served by public sewer in § 244-90D(2).The criteria that shall be considered by the Planning Board and Pinelands Commission are listed in § 244-101F below.

[2] Editor's Note: Former Subsection E(3), Lots in the RG-2 Zoning District, was repealed 8-12-2014 by Ord. No. 13-14.

(4) Existing occupied structures, whether residential or commercial in nature, located within the buffer overlay may continue to exist as preexisting nonconforming conditions.

(a) In the event that property is destroyed or altered by fire, flood, wind or other unavoidable events, the owner may reconstruct a dwelling or business of equal size in the same location.

(b) Preexisting nonconforming residential buildings shall be permitted to expand in the buffer overlay within the 20,000 square feet of permitted cleared area and in conformance with the requirements of the zone, subject to the following:

[1] Submission of a plot plan identifying the proposed building addition and the limits of clearing.

[2] Establishing that the expansion is situated in such a way that it will have least possible impact on the buffer overlay.

[3] The applicant shall obtain a Pinelands preliminary zoning permit from the local Zoning Officer in accordance with § 244-78 prior to obtaining building permits. The Zoning Officer will confirm that the proposal meets the requirements set forth in § 244-101F below in addition to all other applicable requirements. If the proposal does not comply, the applicant shall apply to the Zoning Board for a variance.

(c) Preexisting nonconforming nonresidential buildings shall be permitted to expand in the buffer overlay within the 20,000 square feet of permitted cleared area and in conformance with the requirements of the zone, subject to the following:

[1] Submission of a site plan identifying the proposed building addition, site improvements and the limits of clearing and including all required checklist items.

[2] Establishing that the expansion is situated in such a way that it will have least possible impact on the buffer overlay.

[3] The applicant shall obtain a certificate of filing from the Pinelands Commission prior to submitting the proposal and request for variance relief to the municipal board with jurisdiction. The application will be reviewed in accordance with the requirements set forth in § 244-101F below as well as all other applicable standards and regulations.

(d) Occupants of preexisting nonconforming buildings are permitted to construct accessory structures within the 20,000 square foot cleared area around the existing principal structure consistent with the requirements of the zone.

(5) Resource extraction activities and mining operations existing legally as of the effective date of this section may continue to exist and operate within the buffer overlay in accordance with a valid mining permit issued pursuant to § 244-79F(6). Expansion of such resource extraction activities and mining operations within the buffer overlay may be permitted, provided that any such expansion does not involve additional clearing and is located no closer to wetlands than the activities and operations in existence as of the effective date of this section.

(6) Active agricultural operations in existence as of the effective date of this section may continue to exist and operate within the buffer overlay. Expansion of such agricultural operations within the buffer overlay may be permitted, provided that any such expansion meets the following conditions:

(a) Is located no closer to wetlands than the agricultural operations in existence as of the effective date of this section; and

(b) Does not exceed 50% of the area in active agriculture as of the effective date of this section.

F. Criteria. In considering a request for encroachment into the buffer overlay, the Zoning Officer, Zoning Board, and Planning Board, as the case may be, shall hear in mind the following criteria in determining whether a hardship exists and what relief should be granted:

(1) The proposed structure must be located as far as is practically possible from the wetlands.

(2) The buffer must be maintained to the maximum extent possible while providing a beneficial use.

(3) The proposed structure must be situated to minimize the amount of clearing of vegetation and trees that will be required and in no case shall the total clearing on a lot be more than 20,000 square feet.

(4) Where adjacent lots are developed, the buffer on the subject lot shall not be reduced to less than the existing buffer on the adjacent lot.

(5) A one-day visual survey of the area proposed for development has been completed by a qualified consultant, demonstrating that the proposed development is unlikely to have a negative impact on any threatened or endangered plant or animal species because there are no threatened or endangered plants in the area to be developed, nor any evidence of habitual seasonal use of said area by any threatened or endangered animals.

(6) Where the buffer originates on one side of an existing paved road and the subject property is impacted by the buffer but is on the opposite side of the existing paved road the buffer may be waived.

(7) All development must comply with the area, yard and setback requirements of the appropriate underlying zone or must seek variance approval.

G. Special provisions for the RG-2 Zone. In accordance with the Pinelands Comprehensive Management Plan, the Regional Growth Area in Jackson Township must be configured to accommodate a net density of 3.0 dwelling units per acre with an additional net density of 1.50 units per acre available with the use of Pinelands development credits. In the RG-2 Zone, these net density requirements have been translated into a maximum permitted gross density of 3.0 dwelling units per acre. In order to allow a continued opportunity for these gross densities to be achieved on parcels affected by the buffer overlay, it may be necessary to permit a reduction in the lot sizes established in § 2 44-90D(1) to accommodate the density requirement, while protecting the character and environment of the Pinelands. The reduced standards are provided in § 244-90D(2).

[Amended 11-21-2017 by Ord. No. 22-17]

§ 244-102 Pinelands development credits.

A. 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 § 244-102B below, every parcel of land in the Preservation Area Zone 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. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.

[Amended 4-12-1993 by Ord. No. 10-93]

B. Pinelands development credits are hereby established in the Preservation Area Zone at the following ratios:

(1) Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this Code: two Pinelands development credits per 39 acres.

[Amended 12-30-1996 by Ord. No. 27-96]

(2) Uplands which are mined as a result of a resource extraction permit approved pursuant to this Code: zero Pinelands development credits per 39 acres.

(3) Other uplands: one Pinelands development credit per 39 acres.

(4) Wetlands: 0.2 Pinelands development credit per 39 acres.

C. The allocations established in Subsection B above shall be reduced as follows:

(1) 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.

(2) 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.

(3) 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 § 244-103B below or when a variance for cultural housing is approved by the Township pursuant to § 244-98B of this chapter.

[Amended 4-12-1993 by Ord. No. 10-93]

(4) The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.

[Added 4-12-1993 by Ord. No. 10-93]

D. The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit entitlement at the same ratio established in Subsection B above.

E. Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 0.25 Pinelands development credits, 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 12-30-1996 by Ord. No. 27-96]

F. The provisions of § 244-102E above shall also apply to owners of record of less than 0.10 acres of land in the Preservation Area Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to § 244-102B 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 12-30-1996 by Ord. No. 27-96]

§ 244-103 Limitations on use of Pinelands development credits.

A. 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 § 244-107 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 12-30-1996 by Ord. No. 27-96]

B. Notwithstanding the provision of § 244-103A 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 the 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.

C. The proposed density of a parcel of land on which Pinelands development credits are used shall not exceed the density permitted in the RG-2 and RG-3 Zones in accordance with § 244-90 and § 244-91.[1]

[Amended 2-26-1996 by Ord. No. 4-96; 11-21-2017 by Ord. No. 22-17]

[1] Editor's Note: Original § 109-93D of the 1972 Code, pertaining to residential development approved by variance, which immediately followed this subsection, was repealed 4-12-1993 by Ord. No. 10-93.

D. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approval agency may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 244-68D and to the New Jersey Pinelands development credit bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.

[Amended 4-12-1993 by Ord. No. 10-93[2]; 12-30-1996 by Ord. No. 27-96; 12-23-2002 by Ord. No. 50-02]

[2] Editor's Note: This ordinance also repealed original § 109-93F and G of the 1972 Code, pertaining to development approved by variance, which immediately followed this subsection.

§ 244-104 Use of Pinelands development credits.

[Added 4-12-1993 by Ord. No. 10-93; amended 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96; 12-23-2002 by Ord. No. 50-02; 8-12-2014 by Ord. No. 13-14; 11-21-2017 by Ord. No. 22-17]

Pinelands development credits shall be used in the following manner:

A. To permit development of parcels of land in the RG-2 and RG-3 Zones according to the density and lot area requirements as set forth in §§ 244-90 and 244-91, respectively.

B. When a variance of density or minimum lot area requirements for the PED-1, RG-2 or RG-3 Zones is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance.

C. When a variance or other approval for a nonresidential use not otherwise permitted in the PED-1, RG-2 or RG-3 Zones is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size, at 75% of the maximum rate for parcels between 10 and 20 acres in size, and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to variances or other approvals which authorize the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.

§ 244-105 Pinelands development credit bonus multiplier.

[Amended 2-26-1996 by Ord. No. 4-96]

Pinelands development credits which are used for securing a density bonus for parcels of land located in the RG-2, RG-3 and RG-4 Zones shall yield a bonus of four dwelling units per credit.

§ 244-106 Aggregation of development credits.

[Amended 2-26-1996 by Ord. No. 4-96]

Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in the RG-2, RG-3 and RG-4 Zones, provided that respective densities for the transfer of Pinelands development credits is not exceeded.

§ 244-107 Recording of deed restrictions.

A. 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 Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.

B. 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 in the Preservation Area Zone:

(1) Berry agriculture.

(2) Horticulture of native Pinelands plants.

(3) Forestry.

(4) Beekeeping.

(5) Fish and wildlife management.

(6) Agriculture employee housing as an accessory use.

(7) 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.

(8) Accessory uses.

[Added 3-12-2019 by Ord. No. 07-19]