[Prior ordinance history: 2008 Code §§ 26-5
- 26-5.12]
[Ord. No. 3-13 § 1]
All development within the Pinelands Area of the Borough shall
comply with the land use and development standards of the Pinelands
Comprehensive Management Plan as set forth at N.J.A.C. 7:50, subchapters
5 and 6. In the event of a conflict between the standards of the Pinelands
Comprehensive Management Plan and other regulations of this chapter,
the standards of the Pinelands Comprehensive Management Plan shall
apply.
[Ord. No. 3-13 § 1]
All development proposed by the Borough or any agency thereof
shall comply with the requirements for public development set forth
in the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-41 et
seq.
[Ord. No. 3-13 § 1]
a.
No person shall carry out any development within the Pinelands Area
of the Borough without obtaining a Certificate of Filing from the
Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.
b.
All development approvals in the Pinelands Area of the Borough shall
be forwarded to the Pinelands Commission for review pursuant to N.J.A.C.
7:50, subchapter 4.
[Ord. No. 3-13 § 1]
All amendments to this chapter shall be submitted to the Pinelands
Commission in accordance with N.J.A.C. 7:50-3.45 to determine if said
amendments raise a substantial issue with respect to the standards
of the Pinelands Comprehensive Management Plan. Any such amendment
shall become effective only as provided in N.J.A.C. 7:50-3.45.
[Ord. No. 3-13 § 1]
a.
APPROVAL AGENCY
CERTIFICATE OF FILING
DEVELOPMENT
DEVELOPMENT APPROVAL
PINELANDS AREA, BOROUGH OF SOUTH TOMS RIVER
PINELANDS DEVELOPMENT CREDIT
PUBLIC DEVELOPMENT
The following terms are used as defined in the Pinelands Comprehensive
Management Plan, adopted by the Pinelands Commission Protection Act
(N.J.S.A. 13:18A-1 et seq) as amended:
Shall mean any board, body or other authority within the
Borough with authority to approve or disapprove subdivision, site
plans, construction permits or other applications for development
approval.
Shall mean a certificate issued by the Pinelands Commission
pursuant to N.J.A.C. 7:50-4.34 that a complete application for development
has been filed.
Shall mean the change or enlargement of any use or disturbance
of any land, the performance of any building or mining operation,
the division of land into two or more parcels, and the creation or
termination of rights of access or riparian rights including, but
not limited to:
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a.
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A change in type of use of a structure or land;
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b.
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A reconstruction, alteration of the size or material change
in the external appearance of a structure or land;
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c.
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A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
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d.
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Commencement of resource extraction or drilling or excavation
on a parcel of land;
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e.
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Demolition of a structure or removal of trees;
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f.
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Commencement of forestry activities;
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g.
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Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
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h.
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In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
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i.
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Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
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Shall mean any approval granted by an approval agency, including
appeals to the governing body, except certificates of occupancy and
variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise
include issuance of a construction permit, subdivision or site plan
approval:
Shall mean that areas of the Borough of South Toms River
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.). It consists
of that portion of the Borough located west of the Garden State Parkway
and south of the Pennsylvania and Atlantic Railroad line.
Shall mean a use right allocated to certain lands within
the Pinelands Area by the Pineland Commission pursuant to N.J.A.C.
7:50-5.53 that can be used to secure a density bonus on other lands
in the Pinelands Areas or in association with a variance issued for
development in the Pinelands Regional Growth Area.
Shall mean any development, including subdivision, undertaken
by the Borough or another governmental agency.
