[Added 3-8-1983 by Ord. No. 2-83]
The provisions of this article shall apply only to the Pinelands
Area of Eagleswood Township and shall be considered supplemental to
the requirements of the balance of this chapter. No land within the
Pinelands Area, as defined herein, shall be subdivided unless all
provisions of this chapter shall have been complied with. The requirements
of this article shall not apply in those portions of the Township
outside of the Pinelands Area.
A.
The following terms utilized in this article are used as defined
in the New Jersey Pinelands Comprehensive Management Plan (N.J.A.C.
7:50-2.11, as amended) adopted by the New Jersey Pinelands Commission
pursuant to Section 7 of the Pinelands Protection Act (N.J.S.A. 13:18A
et seq.), as amended: agricultural products processing facility; agricultural
service establishment; animals, threatened or endangered; application
for development; certificate of appropriateness; certificate of filing;
commencement of construction; Commission; comprehensive management
plan; contiguous lands; development; drainage; dwelling; dwelling
unit; electric distribution lines; electric transmission line; erosion;
Executive Director; federal act; fish and wildlife management; habitat;
historic district; historic resource; hydrophytes; immediate family;
impermeable surface; interested person or party; land; landscaping;
interim rules and regulations; Pinelands Area; Pinelands Development
Review Board; Pinelands Protection Act; plants, threatened or endangered;
preservation area; protection area; public service infrastructure;
standard subsurface sewage disposal system; submerged land; utility
distribution line; vegetation; wetlands (N.J.A.C. 7:50-6.3-6.5); and
wetlands soils.
[Amended 4-11-1989 by Ord. No. 6-89]
B.
DEVELOPMENT, MAJOR
DEVELOPMENT, MINOR
FORESTRY
(1)
(2)
(3)
(4)
(5)
(6)
PINELANDS AREA
SEASONAL HIGH-WATER TABLE
As used in this article, the following terms shall be defined as
indicated:
Any construction or expansion of any housing development
of five or more dwelling units; or 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.
[Added 4-11-1989 by Ord. No. 6-89]
All development other than that requiring a major site plan.
[Added 4-11-1989 by Ord. No. 6-89]
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clearcutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this chapter, the following activities shall not be
defined as forestry:
[Amended 4-11-1989 by Ord. No. 6-89; 6-19-1997 by Ord. No. 10-97; 12-28-2011 by Ord. No. 2011-07]
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel
as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or
public rights-of-way;
Removal or planting of trees for the personal use of the parcel
owner; and
Removal of trees for public safety.
That area of Eagleswood Township designated as part of the
Pinelands Area, pursuant to Section 10(a) of the New Jersey Pinelands
Protection Act (N.J.S.A. 13:18A et seq.), such lands being all that
portion of the Township lying west of the Garden State Parkway right-of-way.
The level below the natural ground surface to which water
seasonally rises in the soil in most years.
A.
Certificate of filing required for completeness. In addition to the requirements for a complete application of § 285-10A, in the case of a minor subdivision, and § 285-20B, in the case of final major subdivision approval, no application for subdivision approval within the Pinelands Area 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.
Notice of application, significant change in application, or appeal.
Within seven days following a determination of completeness of an
application for subdivision, any significant change to an application
for subdivision approval that was previously filed, or the appeal
to the governing body of approval agency's decision on any application
for subdivision approval, the applicant shall give notice to the Commission
by email or regular mail. Proof of provision of such notice (duplicate
copy) shall be submitted to the Township approval agency. Such notice
shall contain as a minimum the following information:
[Amended 4-11-1989 by Ord. No. 6-89; 11-26-2018 by Ord. No. 2018-7]
(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 change thereto, was filed and
any application number or other identifying number assigned to the
application by the local 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 local approval or approvals being sought; and
(9)
The reason(s) for and/or circumstances regarding the appeal of the
Township approval agency decision (if applicable).
C.
Notice of hearings and meetings. Notice of any hearing, public meeting
or other formal proceeding at which any subdivision application within
the Pinelands Area is to be considered shall be given by the applicant,
by email, regular mail, or delivery of the same, to the principal
office of the Commission at least five days prior to such hearing,
meeting or other formal proceeding. Proof of provision of such notice
shall be submitted to the approval agency. Such notice shall contain
at least the following information:
[Amended 4-11-1989 by Ord. No. 6-89; 11-26-2018 by Ord. No. 2018-7]
(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; and
(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 4-11-1989 by Ord. No. 6-89; 11-26-2018 by Ord. No. 2018-7]
(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 preliminary approval was granted 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; and
(7)
A copy of the resolution, permit or other documentation of the preliminary
approval and a copy of the submitted preliminary plans that were approved
by the Township permitted agency.
E.
Failure to act.
[Amended 4-11-1989 by Ord. No. 6-89; 11-26-2018 by Ord. No. 2018-7]
(1)
No zoning or building permit shall be issued until the requirements
of N.J.A.C. 7:50-4.31 through 7:50-4.42 are met.
(2)
The failure of the approval agency to act on an application within
the prescribed time period shall not relieve the applicant of the
requirement to comply with N.J.A.C. 7:50-4.31 through 7:50-4.42.[1]
[1]
Editor's Note: Former Subsection F, regarding failure to act,
which immediately followed, was repealed 11-26-2018 by Ord. No. 2018-7.
[Amended 4-11-1989 by Ord. No. 6-89]
A.
Review by Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 285-40 above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through 7:50-4.42. The approval of the Township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.
(2)
Until January 14, 1991, approvals issued by the Pinelands Development
Review Board of the Pinelands Commission under the Interim Rules and
Regulations shall serve as the basis for Pinelands Commission review
of the local approval under this section.
(3)
Although the Pinelands Commission shall be notified of all denials,
no such denial actions are subject to further review and action by
the Pinelands Commission.
B.
Condition on prior approvals by Township. 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 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.
C.
If the Pinelands Commission disapproves an application for development
previously approved by an approving authority, such approval shall
be revoked by the approving authority within 30 days, and the agency
shall thereafter deny approval of the application. If the Commission
approves the decision of an approving authority subject to conditions,
the approving authority which had previously approved the application
shall, within 30 days, modify its approval to include all conditions
imposed by the Commission and, if 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.
D.
Participation of Pinelands Commission in public hearings. The Pinelands
Commission may participate in a hearing held in the Township involving
the development of land in the Pinelands Area pursuant to N.J.A.C.
7:50-4.26.
[Amended 4-11-1989 by Ord. No. 6-89]
A.
Minor subdivisions. Any application for approval of a minor subdivision
shall include at least the following information:
(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 the boundaries of the subject property and
the Pinelands management area designation and the zoning designations
are shown;
(7)
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed sanitary facilities:
(a)
On-site treatment facilities. Location, size, type and capacity
of any proposed on-site wastewater treatment facilities; and
(b)
Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 295-71F in the zoning chapter.
(8)
A location map, including the area extending at least 300 feet beyond
each boundary of the subject property, showing ownership boundary
lines, the boundary of the proposed development, owners of holdings
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 Natural
Resources Conservation Service, showing the location of all proposed
development;
(10)
A map showing existing vegetation, identifying predominant vegetation
types in the area, and showing proposed landscaping of the subject
property, including the location of the treeline 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
B.
Major subdivisions. Any application for approval of a major subdivision
shall include at least the following information:
(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 6-19-1997 by Ord. No. 10-97]
(7)
A plat or plan showing the location of all boundaries of the subject
property, the location of all proposed development, and existing or
proposed facilities to provide water for the use and consumption of
occupants of all buildings and sanitary facilities which will serve
the proposed development. The following information shall be included
with respect to existing or proposed wastewater treatment facilities:
(a)
Sanitary sewer distribution. Location, size and direction of
flow of all existing and proposed sanitary sewer lines and pumping
stations serving the proposed development and all existing and proposed
connections to existing facilities;
(b)
On-site treatment facilities. Location, size, type and capacity
of any proposed on-site wastewater treatment facilities, including,
except with respect to discharges into an individual residential septic
system, quantities, composition, proposed pretreatment and ultimate
means of disposal;
(c)
Soil borings and percolation tests. If on-site sewage disposal
is proposed, results of soil borings and percolation tests in accordance
with the 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 soil survey in conformance with the
guidelines of the United States Department of Agriculture Natural
Resources Conservation Service, at the same size and scale as the
project site base map, delineating all soil series at an appropriate
level of detail and, in sewered projects, sufficient soil borings
to confirm the accuracy of the soils map;
(10)
A slope map, at the same size and scale as the project site
base map, indicating contour elevations at two-foot intervals;
(11)
A resource capability map, at the same size and scale as the
project site base map, indicating the cumulative limitations to development
due to the standards and the guidelines contained in the 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
area 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; and all vegetation which is to be removed or disturbed
as a result of the proposed development, and the treeline 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 and
interest in any Pinelands development credits and any existing or
proposed deed restrictions or easements relating to the subject parcel;
(15)
A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils. Landscaping plans shall incorporate the elements set forth in § 295-71B(4) of the zoning chapter of the Township Code;
[Amended 6-19-1997 by Ord. No. 10-97]
(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 § 295-71J of the zoning chapter of the Township Code;
(18)
A list of all permits required for the proposed development
from county, municipal, state and federal agencies;
(19)
A certificate of filing from the Pinelands Commission issued
pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence
of prior approval from the Pinelands Development Review Board or the
Pinelands Commission pursuant to the Interim Rules and Regulations;
and
A.
The procedures and standards established by this article and the
Pinelands Comprehensive Management Plan and applicable to all subdivisions
within the Pinelands Area 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. 7:50-4.55.
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.
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.
