32 - ADMINISTRATION AND ENFORCEMENT
The board of commissioners shall appoint a zoning enforcement officer in accordance with the terms and provisions of Title 2, Chapter 2.20 of the Municipal Code of Bass River Township to administer and enforce the provisions of this title except as otherwise provided by law or by this title.
(Ord. 2008-13 § 3: Ord. 89-8 § 10.1)
The zoning officer duties shall be in accordance with the terms and provisions of Title 2, Chapter 2.20, Section 2.20.020.
(Ord. 2008-13 § 4: Ord. 89-8 § 10.2)
The board of commissioners may appoint a deputy zoning officer to assist the zoning enforcement officer to administer and enforce the provisions of this title except as otherwise provided by law or by this title. He or she shall be appointed for the term of one year, beginning the first day of January and shall receive such compensation for his or her services as shall be fixed by resolution of the governing body.
(Ord. 2008-12 § 1 (part))
The deputy zoning enforcement officer shall:
A.
Assist the zoning enforcement officer to administer and enforce the zoning ordinances of the township of Bass River.
B.
Perform all of the duties of the zoning enforcement officer at his or her direction or in his or her absence.
(Ord. 2008-12 § 1 (part))
No person shall, hereafter erect, locate or alter any building or portion thereof, or begin or change the use of any land, without first obtaining a zoning permit therefor from the zoning officer. Any change in occupancy in the VC or HC zone shall require a new occupancy permit. No zoning permit shall be issued except in conformance with the provisions of this title or, where authorized, upon written order of the board of adjustment, planning board, or governing body.
(Ord. 89-8 § 3)
A.
All requests for zoning permits shall be made in writing to the zoning officer on forms supplied by the zoning officer and shall be signed by the owner or his or her authorized agent.
B.
The application shall include a description of the use or intended use or uses of the building and/or land. Each application shall be accompanied by a site plan drawn to scale, showing any existing or proposed buildings, or open land uses and their exact relation to all lot and street lines, wetlands soil borings and percolation test. Accompanying the application also must be a written statement giving satisfactory evidence to the effect that the line of the street boundaries have been accurately located and staked on the ground and that the application is intended to comply with all the provisions of the zoning ordinance or any lawful order of the planning board or board of adjustment.
C.
Except as provided otherwise in Section 17.32.050, conditional uses, and 17.32.060, site plan approval, a zoning permit shall be granted or refused by the zoning officer within ten (10) days after he or she shall have received an application complete in all respects, together with any required fee as included in Section 3.08.010.
(Ord. 89-8 § 4)
(Ord. No. 2021-02, 2-1-21)
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety, and general welfare if located and operated without proper consideration of existing conditions and character of surrounding property, such uses are designated conditional uses and listed as such under the appropriate zone district contained in the schedule of district regulations. In addition to other powers conferred by this title, the planning board shall have power to authorize the granting of a permit for a conditional use together with site plan approval; under the terms and conditions established by this title, and in accordance with the following general stipulations and guidelines:
1.
The use for which application is being made is specifically authorized as a conditional use in the schedule of district regulations for the district in which it is proposed;
2.
The design, arrangement and nature of the particular use is protected;
3.
That reasonable consideration is afforded the character of the neighborhood and the district; the conservation of property values; the avoidance of congestion of vehicular traffic; and the avoidance of any unnecessary hazards.
B.
All applications for conditional use permits shall be made to the zoning officer. The zoning officer, after determining that the application is in proper form, shall transmit one copy of the application and all supporting documents to the secretary of the planning board for referral to the planning board for site plan approval including evaluation of the proposed use as to conformity with the goals, objectives and policies established by the township master plan, as well as conditional use approval.
1.
The planning board shall conduct a public hearing on conditional use applications referred to it by the zoning officer in accordance with procedures and requirements established elsewhere in this title, and shall by resolution, either approve or disapprove the application so heard.
2.
In approving an application, the planning board may impose any modifications or conditions it deems necessary to carry out the intent of this title or to protect the health, safety or general welfare of the public.
3.
The planning board shall notify the zoning officer in writing as to its decision and any special conditions imposed by connection with approval actions.
(Ord. 89-8 § 10.5)
All submissions requiring site plan approval under this title shall be submitted in accordance with the site plan submission requirements of the subdivision and site plan ordinance of the township.
(Ord. 89-8 § 10.6)
A.
No person shall carry out any development within the Pinelands area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this section.
B.
Except as provided in subsection C, the following shall not be subject to the procedures set forth in this section:
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 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.
6.
The clearing of less than one thousand five hundred square feet of land;
7.
The construction of any addition or accessory structure for any nonresidential use or any multi-family residential structure provided that:
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 four thousand nine hundred ninety-nine (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 one thousand (1,000) square feet;
8.
The demolition of any structure that is less than fifty 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;
10.
The repair or replacement of any existing on-site wastewater disposal system;
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;
12.
The clearing of land solely for agricultural or horticultural purposes;
13.
Fences, provided no more than one thousand five hundred (1,500) square feet of land is to be cleared;
14.
Above-ground telephone equipment cabinets;
15.
Tree pruning;
16.
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; 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;
18.
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to subsection 17.20.180D;
19.
The installation of an accessory solar energy facility on any existing structure or impervious surface;
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;
21.
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed;
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.
C.
The exceptions contained in subsection B shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulations, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
(Ord. 1997-4, §§ 31, 32; Ord. 90-15 § 1 (part); Ord. 89-8 § 10.7(A))
(Ord. 2018-05, § IX, 1-7-19)
A.
Any application for approval of minor development shall include at least the following information:
1.
The applicant's name and address and his or her interest in the subject property;
2.
The owner's name and address, if different than 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 designation 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 Section 17.20.190;
c.
The township engineer shall be given ten (10) days written notice prior to any soil testing.
8.
A location map, including the area extending at least three hundred (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;
12.
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Section 17.32.110; and
13.
In lieu of A.1 through 12 above, the application requirements of subsection B below, at the option of the applicant, shall apply to applications for development of a single-family dwelling on an existing lot of record. An applicant who elects not to follow the application procedures in subsection B below shall remain subject to the requirements in A.1 through 12 above and must submit an application for development to the Pinelands Commission, accompanied by a non-refundable application fee in accordance with N.J.A.C. 7:50-1.6. Upon the Commission's receipt of such an application, the procedures in B below shall be inapplicable.
B.
Procedures for applications for the development of a single-family dwelling. For purposes of this subsection "B," the "zoning officer" is hereby designated as the township engineer.
1.
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 within the Pinelands area.
a.
Applications for a preliminary zoning permit.
i.
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 Bass River Township 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:
[i]
The zoning district in which the property is located;
[ii]
The location and dimensions of all property lines, easements affecting the property and streets abutting the property;
[iii]
The location of all yards and setbacks required pursuant to the schedule of district regulations;
[iv]
The location and use of all existing structures and improvements on the property and their intended disposition;
[v]
A building envelope within which the single-family dwelling is to be located;
[vi]
The location and dimensions of the proposed driveway;
[vii]
The location and dimensions of any proposed accessory structures or improvements;
[viii]
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located; and
[ix]
The location of any proposed water supply well.
[h]
If proposed, certification that central sewer and/or water service are available; and
[i]
If development of the property is proposed in accordance with the density transfer program standards of Section 17.20.240, the street address, if any, the tax map sheet, block and lot number and acreage in square feet of the non-contiguous property.
b.
The zoning officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 17. 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 17.
c.
The zoning officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 17.
d.
Within fourteen (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.
2.
Permit Decisions. Within fourteen (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.
3.
Preliminary Zoning Permit.
a.
A preliminary zoning permit shall be issued if:
i.
The application is consistent with the requirements of Chapter 17 or any necessary variance from those requirements has been obtained; and
ii.
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; and
iii.
A duly authorized representative of the Pinelands Commission approves the zoning officer's determination and so signifies by signing the preliminary zoning permit.
b.
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 17 and shall specify the expiration date of the permit.
c.
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.
4.
Effect of Preliminary Zoning Permit.
a.
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 17 of the Code of the Township of Bass River and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
b.
A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:
i.
The approved application shall not be subject to any substantive revisions of Chapter 17 of the Code of the Township of Bass River or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
ii.
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.
c.
Any subsequent approvals to be sought, including, but not limited to, construction permits, shall be subject to the notice, review and decision requirements of Sections 17.32.100—130.
5.
Refusal to Issue Preliminary Zoning Permit.
a.
The zoning officer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
i.
A variance from Chapter 17 of the Code of Bass River Township is required;
ii.
A variance from Chapter 17 of the Code of Bass River Township is not required, but the zoning officer determines that the application does not meet any requirement of Chapter 17 that reflects a provision of the Pinelands Comprehensive Management Plan;
iii.
A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required; or
iv.
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.
b.
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 17, 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 3a above.
c.
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 17, the zoning officer shall provide copies of the application and the refusal to the Pinelands Commission within five days of the issuance.
d.
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon subsection 5a(ii), (iii) or (iv) 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 Sections 17.32.100 through 130 of the Code of the Bass River 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.
6.
Zoning Officer Vacancy. Should the position of zoning officer become vacant for any reason, the application procedures set forth in Section 17.32.080.B. shall be of no force or effect and the procedures of Sections 17.32.080.A and 17.32.100, 17.32.110, 17.32.120 and 17.32.130 shall apply until the position has been filled.
(Ord. 89-8 § 10.7(B))
(Ord. 2018-05, § X, 1-7-19)
A.
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the-information required in N.J.A.C. 4.2(b)5, as well as the following;
1.
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
2.
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Section 17.32.110.
B.
An application for approval of forestry operations shall be subject to the application requirements set forth in Ordinance 82-6, as amended.*
C.
An application for approval of resource extraction operations shall be subject to the application requirements set forth in Chapter 15.16.
(Ord. 89-8 § 10.7(C))
* Editor's note: Ordinance 82-6 was repealed by Ordinance 2000-3.
A.
Application Submission and Modifications. Written notification shall be given by the approval agency, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the approval agency that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:
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; and
8.
The nature of the municipal approval or approvals being sought.
B.
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:
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.
C.
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:
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; and
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.
D.
Except as provided in Section 17.32.080.B., the requirements of subsections A through C above 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.
(Ord. 89-8 § 10.7(D))
(Ord. 2018-05, § XI, 1-7-19)
A.
Upon receipt by the Pineland Commission of a notice of approval pursuant to subsection C of Section 17.32.100, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:30-4.42. 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.
B.
Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.
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.
(Ord. 89-8 § 10.7(E))
Where a prior approval has been granted by an approval agency, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
A.
Notification is received from the Pinelands Commission that review of the development approval is not required; or
B.
Review of the development approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the approval is received by the township from the Pinelands Commission.
C.
Except as provided in Section 17.32.080.B., the requirements of subsections A and B above 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.
(Ord. 89-8 § 10.7(F))
(Ord. 2018-05, § XII, 1-7-19)
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within thirty (30) days and the agency shall thereafter deny approval of the application. If the commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within thirty (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. Except as provided in Section 17.32.080.B., 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.
(Ord. 89-8 § 10-7(G))
(Ord. 2018-05, § XIV, 1-7-19)
The Pinelands Commission may participate in a hearing held in the township involving the development of land in the Pinelands area pursuant to N.J.A.C. 7:50-4.36.
(Ord. 89-8 § 10.7(H))
All applications for major development, forestry, and resource extraction shall be referred to the environmental commission for review and comment.
(Ord. 89-8 § 10.7(I))
A.
All development proposed by the township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in this title.
B.
Amendments. In amending the township's master plan or this title, the township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
(Ord. 89-8 § 10.7(J) and (K))
Upon a final decision of the planning board, an appeal may be made to the governing body if made within ten (10) days of publication of the final decision of the board.
(Ord. 89-8 14.1)
Upon a final decision of the zoning board of adjustment, an appeal may be made to the governing body if made within ten (10) days of publication of the final decision of the board.
(Ord. 89-8 § 14.2)
Any interested party affected by a decision of the administrative officer of the municipality based upon or made in the enforcement of a zoning ordinance or the official map may appeal such a decision to the zoning board of adjustment. The appeal shall be made within sixty-five (65) days by filing a notice of appeal with the officer from whom the appeal was taken, with three copies of the notice with the secretary of the board of adjustment. The notice of appeal shall specify the grounds for appeal and the administrative office from whom the appeal was taken, shall forward to the board all material constituting the record upon which the action appealed from was taken. The notice of appeal shall also conform to the requirements of C.40:55D-72 of the Municipal Land Use Law.
(Ord. 89-8 § 14.3)
A.
In the Pinelands area, notice of the meeting to review the record shall be given by the applicant to the Pinelands Commission.
B.
In the Pinelands area no person shall carry out any development pursuant to an approval of a development application until the requirements of Section 17.32.080 have been met.
(Ord. 89-8 § 14.4)
It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the zoning officer, and that such questions shall be presented to the board of adjustment or planning board only as required by Section 17.32.050 or on appeal from a decision of the zoning officer, and that recourse from decisions of the planning board or board of adjustment shall be first to the governing body, and then to the courts as provided by law. In case of a conflict between a provision of this title and any other township, county or state requirement, the most stringent regulation shall apply.
(Ord. 89-8 § 15.1)
This title shall amend and supersede the township zoning ordinance and all prior amendments thereto previously adopted. The adoption of this amending ordinance shall not affect the status of zoning permits heretofore issued or any of the terms and conditions thereof, and shall in no way, affect any prior act, ruling, or decision of the zoning officer, the board of adjustment, or the governing body; or any pending appeal or any procedure which may, hereafter, be properly instituted to appeal any prior act, ruling, or decision of such zoning officer, board of adjustment, or the governing body. The standards set forth in this title are minimum standards for each district or class of use, building or structure covered thereby.
(Ord. 89-8 § 15.2)
The regulations, restrictions, and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed, or repealed in accordance with procedures established by applicable New Jersey statutes, and in accordance with N.J.A.C. 7:50-3.45 with respect to review by the Pinelands Commission.
(Ord. 89-8 § 16.1)
Any person who shall violate this chapter or do any act or thing therein prohibited, or refuse or fail to do any act or thing therein required to be done, or refuse or fail to comply with an order of the zoning officer of any order of the board of adjustment or planning board within five days after written notice has been served on him or her by registered mail (such notice to be complete upon mailing) shall, for each and every violation, be subject to a fine of not more than two thousand dollars ($2,000.00) or imprisonment for a term of not more than ninety (90) days or both, at the discretion of the court or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate violation of this chapter.
(Ord. 2006-06 § 1 (part); Ord. 2001-2 § 13; Ord. 89-8 § 16.2)
Development undertaken by any governmental entity within the Pinelands area shall conform to the provisions of this chapter and N.J.A.C. 7:50-4.51 et seq.
(Ord. 89-8 § 16.5)
32 - ADMINISTRATION AND ENFORCEMENT
The board of commissioners shall appoint a zoning enforcement officer in accordance with the terms and provisions of Title 2, Chapter 2.20 of the Municipal Code of Bass River Township to administer and enforce the provisions of this title except as otherwise provided by law or by this title.
(Ord. 2008-13 § 3: Ord. 89-8 § 10.1)
The zoning officer duties shall be in accordance with the terms and provisions of Title 2, Chapter 2.20, Section 2.20.020.
(Ord. 2008-13 § 4: Ord. 89-8 § 10.2)
The board of commissioners may appoint a deputy zoning officer to assist the zoning enforcement officer to administer and enforce the provisions of this title except as otherwise provided by law or by this title. He or she shall be appointed for the term of one year, beginning the first day of January and shall receive such compensation for his or her services as shall be fixed by resolution of the governing body.
(Ord. 2008-12 § 1 (part))
The deputy zoning enforcement officer shall:
A.
Assist the zoning enforcement officer to administer and enforce the zoning ordinances of the township of Bass River.
B.
Perform all of the duties of the zoning enforcement officer at his or her direction or in his or her absence.
(Ord. 2008-12 § 1 (part))
No person shall, hereafter erect, locate or alter any building or portion thereof, or begin or change the use of any land, without first obtaining a zoning permit therefor from the zoning officer. Any change in occupancy in the VC or HC zone shall require a new occupancy permit. No zoning permit shall be issued except in conformance with the provisions of this title or, where authorized, upon written order of the board of adjustment, planning board, or governing body.
(Ord. 89-8 § 3)
A.
All requests for zoning permits shall be made in writing to the zoning officer on forms supplied by the zoning officer and shall be signed by the owner or his or her authorized agent.
B.
The application shall include a description of the use or intended use or uses of the building and/or land. Each application shall be accompanied by a site plan drawn to scale, showing any existing or proposed buildings, or open land uses and their exact relation to all lot and street lines, wetlands soil borings and percolation test. Accompanying the application also must be a written statement giving satisfactory evidence to the effect that the line of the street boundaries have been accurately located and staked on the ground and that the application is intended to comply with all the provisions of the zoning ordinance or any lawful order of the planning board or board of adjustment.
C.
Except as provided otherwise in Section 17.32.050, conditional uses, and 17.32.060, site plan approval, a zoning permit shall be granted or refused by the zoning officer within ten (10) days after he or she shall have received an application complete in all respects, together with any required fee as included in Section 3.08.010.
(Ord. 89-8 § 4)
(Ord. No. 2021-02, 2-1-21)
A.
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the township and, at the same time, recognizing that such uses may be or may become harmful to the public health, safety, and general welfare if located and operated without proper consideration of existing conditions and character of surrounding property, such uses are designated conditional uses and listed as such under the appropriate zone district contained in the schedule of district regulations. In addition to other powers conferred by this title, the planning board shall have power to authorize the granting of a permit for a conditional use together with site plan approval; under the terms and conditions established by this title, and in accordance with the following general stipulations and guidelines:
1.
The use for which application is being made is specifically authorized as a conditional use in the schedule of district regulations for the district in which it is proposed;
2.
The design, arrangement and nature of the particular use is protected;
3.
That reasonable consideration is afforded the character of the neighborhood and the district; the conservation of property values; the avoidance of congestion of vehicular traffic; and the avoidance of any unnecessary hazards.
B.
All applications for conditional use permits shall be made to the zoning officer. The zoning officer, after determining that the application is in proper form, shall transmit one copy of the application and all supporting documents to the secretary of the planning board for referral to the planning board for site plan approval including evaluation of the proposed use as to conformity with the goals, objectives and policies established by the township master plan, as well as conditional use approval.
1.
The planning board shall conduct a public hearing on conditional use applications referred to it by the zoning officer in accordance with procedures and requirements established elsewhere in this title, and shall by resolution, either approve or disapprove the application so heard.
2.
In approving an application, the planning board may impose any modifications or conditions it deems necessary to carry out the intent of this title or to protect the health, safety or general welfare of the public.
3.
The planning board shall notify the zoning officer in writing as to its decision and any special conditions imposed by connection with approval actions.
(Ord. 89-8 § 10.5)
All submissions requiring site plan approval under this title shall be submitted in accordance with the site plan submission requirements of the subdivision and site plan ordinance of the township.
(Ord. 89-8 § 10.6)
A.
No person shall carry out any development within the Pinelands area without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this section.
B.
Except as provided in subsection C, the following shall not be subject to the procedures set forth in this section:
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 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.
6.
The clearing of less than one thousand five hundred square feet of land;
7.
The construction of any addition or accessory structure for any nonresidential use or any multi-family residential structure provided that:
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 four thousand nine hundred ninety-nine (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 one thousand (1,000) square feet;
8.
The demolition of any structure that is less than fifty 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;
10.
The repair or replacement of any existing on-site wastewater disposal system;
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;
12.
The clearing of land solely for agricultural or horticultural purposes;
13.
Fences, provided no more than one thousand five hundred (1,500) square feet of land is to be cleared;
14.
Above-ground telephone equipment cabinets;
15.
Tree pruning;
16.
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; 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;
18.
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to subsection 17.20.180D;
19.
The installation of an accessory solar energy facility on any existing structure or impervious surface;
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;
21.
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed;
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.
C.
The exceptions contained in subsection B shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulations, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
(Ord. 1997-4, §§ 31, 32; Ord. 90-15 § 1 (part); Ord. 89-8 § 10.7(A))
(Ord. 2018-05, § IX, 1-7-19)
A.
Any application for approval of minor development shall include at least the following information:
1.
The applicant's name and address and his or her interest in the subject property;
2.
The owner's name and address, if different than 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 designation 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 Section 17.20.190;
c.
The township engineer shall be given ten (10) days written notice prior to any soil testing.
8.
A location map, including the area extending at least three hundred (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;
12.
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Section 17.32.110; and
13.
In lieu of A.1 through 12 above, the application requirements of subsection B below, at the option of the applicant, shall apply to applications for development of a single-family dwelling on an existing lot of record. An applicant who elects not to follow the application procedures in subsection B below shall remain subject to the requirements in A.1 through 12 above and must submit an application for development to the Pinelands Commission, accompanied by a non-refundable application fee in accordance with N.J.A.C. 7:50-1.6. Upon the Commission's receipt of such an application, the procedures in B below shall be inapplicable.
B.
Procedures for applications for the development of a single-family dwelling. For purposes of this subsection "B," the "zoning officer" is hereby designated as the township engineer.
1.
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 within the Pinelands area.
a.
Applications for a preliminary zoning permit.
i.
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 Bass River Township 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:
[i]
The zoning district in which the property is located;
[ii]
The location and dimensions of all property lines, easements affecting the property and streets abutting the property;
[iii]
The location of all yards and setbacks required pursuant to the schedule of district regulations;
[iv]
The location and use of all existing structures and improvements on the property and their intended disposition;
[v]
A building envelope within which the single-family dwelling is to be located;
[vi]
The location and dimensions of the proposed driveway;
[vii]
The location and dimensions of any proposed accessory structures or improvements;
[viii]
The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located; and
[ix]
The location of any proposed water supply well.
[h]
If proposed, certification that central sewer and/or water service are available; and
[i]
If development of the property is proposed in accordance with the density transfer program standards of Section 17.20.240, the street address, if any, the tax map sheet, block and lot number and acreage in square feet of the non-contiguous property.
b.
The zoning officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 17. 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 17.
c.
The zoning officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 17.
d.
Within fourteen (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.
2.
Permit Decisions. Within fourteen (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.
3.
Preliminary Zoning Permit.
a.
A preliminary zoning permit shall be issued if:
i.
The application is consistent with the requirements of Chapter 17 or any necessary variance from those requirements has been obtained; and
ii.
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; and
iii.
A duly authorized representative of the Pinelands Commission approves the zoning officer's determination and so signifies by signing the preliminary zoning permit.
b.
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 17 and shall specify the expiration date of the permit.
c.
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.
4.
Effect of Preliminary Zoning Permit.
a.
A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 17 of the Code of the Township of Bass River and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
b.
A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:
i.
The approved application shall not be subject to any substantive revisions of Chapter 17 of the Code of the Township of Bass River or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
ii.
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.
c.
Any subsequent approvals to be sought, including, but not limited to, construction permits, shall be subject to the notice, review and decision requirements of Sections 17.32.100—130.
5.
Refusal to Issue Preliminary Zoning Permit.
a.
The zoning officer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
i.
A variance from Chapter 17 of the Code of Bass River Township is required;
ii.
A variance from Chapter 17 of the Code of Bass River Township is not required, but the zoning officer determines that the application does not meet any requirement of Chapter 17 that reflects a provision of the Pinelands Comprehensive Management Plan;
iii.
A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required; or
iv.
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.
b.
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 17, 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 3a above.
c.
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 17, the zoning officer shall provide copies of the application and the refusal to the Pinelands Commission within five days of the issuance.
d.
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon subsection 5a(ii), (iii) or (iv) 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 Sections 17.32.100 through 130 of the Code of the Bass River 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.
6.
Zoning Officer Vacancy. Should the position of zoning officer become vacant for any reason, the application procedures set forth in Section 17.32.080.B. shall be of no force or effect and the procedures of Sections 17.32.080.A and 17.32.100, 17.32.110, 17.32.120 and 17.32.130 shall apply until the position has been filled.
(Ord. 89-8 § 10.7(B))
(Ord. 2018-05, § X, 1-7-19)
A.
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the-information required in N.J.A.C. 4.2(b)5, as well as the following;
1.
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
2.
When prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to Section 17.32.110.
B.
An application for approval of forestry operations shall be subject to the application requirements set forth in Ordinance 82-6, as amended.*
C.
An application for approval of resource extraction operations shall be subject to the application requirements set forth in Chapter 15.16.
(Ord. 89-8 § 10.7(C))
* Editor's note: Ordinance 82-6 was repealed by Ordinance 2000-3.
A.
Application Submission and Modifications. Written notification shall be given by the approval agency, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the approval agency that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:
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; and
8.
The nature of the municipal approval or approvals being sought.
B.
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:
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.
C.
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:
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; and
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.
D.
Except as provided in Section 17.32.080.B., the requirements of subsections A through C above 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.
(Ord. 89-8 § 10.7(D))
(Ord. 2018-05, § XI, 1-7-19)
A.
Upon receipt by the Pineland Commission of a notice of approval pursuant to subsection C of Section 17.32.100, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:30-4.42. 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.
B.
Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.
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.
(Ord. 89-8 § 10.7(E))
Where a prior approval has been granted by an approval agency, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
A.
Notification is received from the Pinelands Commission that review of the development approval is not required; or
B.
Review of the development approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 4.42 and a final order regarding the approval is received by the township from the Pinelands Commission.
C.
Except as provided in Section 17.32.080.B., the requirements of subsections A and B above 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.
(Ord. 89-8 § 10.7(F))
(Ord. 2018-05, § XII, 1-7-19)
If the Pinelands Commission disapproves an application for development previously approved by an approval agency, such approval shall be revoked by the approval agency within thirty (30) days and the agency shall thereafter deny approval of the application. If the commission approves the decision of an approval agency subject to conditions, the approval agency which had previously approved the application shall, within thirty (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. Except as provided in Section 17.32.080.B., 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.
(Ord. 89-8 § 10-7(G))
(Ord. 2018-05, § XIV, 1-7-19)
The Pinelands Commission may participate in a hearing held in the township involving the development of land in the Pinelands area pursuant to N.J.A.C. 7:50-4.36.
(Ord. 89-8 § 10.7(H))
All applications for major development, forestry, and resource extraction shall be referred to the environmental commission for review and comment.
(Ord. 89-8 § 10.7(I))
A.
All development proposed by the township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in this title.
B.
Amendments. In amending the township's master plan or this title, the township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.
(Ord. 89-8 § 10.7(J) and (K))
Upon a final decision of the planning board, an appeal may be made to the governing body if made within ten (10) days of publication of the final decision of the board.
(Ord. 89-8 14.1)
Upon a final decision of the zoning board of adjustment, an appeal may be made to the governing body if made within ten (10) days of publication of the final decision of the board.
(Ord. 89-8 § 14.2)
Any interested party affected by a decision of the administrative officer of the municipality based upon or made in the enforcement of a zoning ordinance or the official map may appeal such a decision to the zoning board of adjustment. The appeal shall be made within sixty-five (65) days by filing a notice of appeal with the officer from whom the appeal was taken, with three copies of the notice with the secretary of the board of adjustment. The notice of appeal shall specify the grounds for appeal and the administrative office from whom the appeal was taken, shall forward to the board all material constituting the record upon which the action appealed from was taken. The notice of appeal shall also conform to the requirements of C.40:55D-72 of the Municipal Land Use Law.
(Ord. 89-8 § 14.3)
A.
In the Pinelands area, notice of the meeting to review the record shall be given by the applicant to the Pinelands Commission.
B.
In the Pinelands area no person shall carry out any development pursuant to an approval of a development application until the requirements of Section 17.32.080 have been met.
(Ord. 89-8 § 14.4)
It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the zoning officer, and that such questions shall be presented to the board of adjustment or planning board only as required by Section 17.32.050 or on appeal from a decision of the zoning officer, and that recourse from decisions of the planning board or board of adjustment shall be first to the governing body, and then to the courts as provided by law. In case of a conflict between a provision of this title and any other township, county or state requirement, the most stringent regulation shall apply.
(Ord. 89-8 § 15.1)
This title shall amend and supersede the township zoning ordinance and all prior amendments thereto previously adopted. The adoption of this amending ordinance shall not affect the status of zoning permits heretofore issued or any of the terms and conditions thereof, and shall in no way, affect any prior act, ruling, or decision of the zoning officer, the board of adjustment, or the governing body; or any pending appeal or any procedure which may, hereafter, be properly instituted to appeal any prior act, ruling, or decision of such zoning officer, board of adjustment, or the governing body. The standards set forth in this title are minimum standards for each district or class of use, building or structure covered thereby.
(Ord. 89-8 § 15.2)
The regulations, restrictions, and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed, or repealed in accordance with procedures established by applicable New Jersey statutes, and in accordance with N.J.A.C. 7:50-3.45 with respect to review by the Pinelands Commission.
(Ord. 89-8 § 16.1)
Any person who shall violate this chapter or do any act or thing therein prohibited, or refuse or fail to do any act or thing therein required to be done, or refuse or fail to comply with an order of the zoning officer of any order of the board of adjustment or planning board within five days after written notice has been served on him or her by registered mail (such notice to be complete upon mailing) shall, for each and every violation, be subject to a fine of not more than two thousand dollars ($2,000.00) or imprisonment for a term of not more than ninety (90) days or both, at the discretion of the court or judicial officer before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate violation of this chapter.
(Ord. 2006-06 § 1 (part); Ord. 2001-2 § 13; Ord. 89-8 § 16.2)
Development undertaken by any governmental entity within the Pinelands area shall conform to the provisions of this chapter and N.J.A.C. 7:50-4.51 et seq.
(Ord. 89-8 § 16.5)