Egg Harbor Township
City Zoning Code
City Zoning Code
ARTICLE VIA
Pinelands Area Procedures
§ 225-53.1 Applicability of procedures.
A.
No person shall carry out any development within the Pinelands Area of the Township without obtaining approval from an approval agency and without obtaining development approval in accordance with the procedures set forth in this article.
B.
In addition to other development review procedures set forth in the Code of the Township of Egg Harbor, all development located within the Pinelands Area shall comply with the procedures set forth in this article. The following shall not be subject to the procedures set forth in this article, except as provided in § 225-53.1C below:
[Amended 7-14-1993 by Ord. No. 30-1993]
(1)
The improvement, expansion or reconstruction, within five years of destruction or demolition, of any single-family unit or appurtenance thereto;
(2)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;
(3)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(4)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(5)
The repair of existing utility distribution lines;
[Amended 6-25-1997 by Ord. No. 25-1997]
(6)
The clearing of less than 1,500 square feet of land;
(7)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that:
[Amended 3-6-2019 by Ord. No. 4-2019]
(a)
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
(b)
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than 1,000 square feet.
(8)
The demolition of any structure less than 50 years old;
(9)
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits;
[Added 6-25-1997 by Ord. No. 25-1997]
(10)
The repair or replacement of any existing on-site wastewater disposal system;
[Added 6-25-1997 by Ord. No. 25-1997]
(11)
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
[Added 6-25-1997 by Ord. No. 25-1997; amended 3-6-2019 by Ord. No. 4-2019]
(12)
The clearing of land solely for agricultural or horticultural purposes.
[Added 6-25-1997 by Ord. No. 25-1997; amended 3-6-2019 by Ord. No. 4-2019]
(13)
Fences, provided that no more than 1,500 square feet of land is to be cleared;
[Added 6-25-1997 by Ord. No. 25-1997]
(14)
Aboveground telephone equipment cabinets;
[Added 6-25-1997 by Ord. No. 25-1997]
(15)
Tree pruning;
[Added 6-25-1997 by Ord. No. 25-1997]
(16)
The following forestry activities:
[Added 6-25-1997 by Ord. No. 25-1997]
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted; and
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year;
(17)
Prescribed burning and the clearing and maintaining of fire breaks; or
[Added 6-25-1997 by Ord. No. 25-1997]
(18)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 225-50.9.
[Added 6-25-1997 by Ord. No. 25-1997]
(19)
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Added 3-6-2019 by Ord. No. 4-2019]
(20)
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Added 3-6-2019 by Ord. No. 4-2019]
(21)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Added 3-6-2019 by Ord. No. 4-2019]
(22)
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Added 3-6-2019 by Ord. No. 4-2019]
C.
The exceptions contained in § 225-53.1B above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
[Added 7-14-1993 by Ord. No. 30-1993]
D.
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to § 225-53.1B above.
[Added 7-14-1993 by Ord. No. 30-1993]
§ 225-53.2 Special requirements for minor development.
A.
Prior to an application for minor development being deemed complete within the Pinelands Area, the applicant shall provide evidence that a duplicate copy of the application for minor development has been duly filed with the Pinelands Commission.
B.
Applications for approval of minor development located within the Pinelands Area shall submit the following information in addition to that which may be otherwise required by the Code of the Township of Egg Harbor:
(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;
[Amended 7-14-1993 by Ord. No. 30-1993]
(4)
A description of all existing uses of the subject property;
[Amended 7-14-1993 by Ord. No. 30-1993]
(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, the Pinelands management area designation and the municipal zoning designation are shown;
[Amended 7-14-1993 by Ord. No. 30-1993]
(7)
A plat or plan showing the location of all boundaries on 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 the existing or proposed sanitary facilities:
(a)
On-site treatment and holding facilities: location, size, type and capacity of any proposed on-site wastewater treatment or holding 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 locations with a tract map showing location, logs, elevations of all test holes, indicating where groundwater was encountered, estimating the seasonal high-water table and demonstrating that such facility is adequate to meet the water quality standards contained in § 225-50.10 of this 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 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;
[Amended 7-14-1993 by Ord. No. 30-1993]
(11)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
[Added 7-14-1993 by Ord. No. 30-1993]
(12)
When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to this article.
[Added 7-14-1993 by Ord. No. 30-1993]
§ 225-53.3 Special submission requirements for other development.
[Amended 7-14-1993 by Ord. No. 30-1993]
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. 7:50-4.2(b)5, as well as the following:
B.
An application for approval of forestry operations shall be subject to the application requirements set forth in § 225-50.5 of this chapter.
[Amended 6-25-1997 by Ord. No. 25-1997]
§ 225-53.4 Notices to Pinelands Commission.
[Amended 7-14-1993 by Ord. No. 30-1993; 3-6-2019 by Ord. No. 4-2019]
A.
Application submission and modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the Township approval agency that the application has been modified. Said notice shall contain:
(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 Township 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.
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.
§ 225-53.5 Review by Pinelands Commission.
[Amended 7-14-1993 by Ord. No. 30-1993]
Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 225-53.4C above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the 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. 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.
§ 225-53.6 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:
A.
Notification is received from the Pinelands Commission that review of the Township's approval is not required; or
B.
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.
[Amended 7-14-1993 by Ord. No. 30-1993]
§ 225-53.7 Effect of Pinelands Commission's decision on Township's approval.
[Amended 7-14-1993 by Ord. No. 30-1993]
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 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 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.
§ 225-53.8 Participation of Pinelands Commission in public hearings.
[Amended 7-14-1993 by Ord. No. 30-1993]
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.
§ 225-53.9 Public development.
[Amended 7-14-1993 by Ord. No. 30-1993]
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 applicable standards set forth in this chapter.
§ 225-53.10 Cluster development.
A.
Within the Pinelands Area of the Township, specifically within the RG-4 and RG-5 Residential Districts, cluster development shall be permitted only in accordance with the requirements of this section.
[Amended 3-24-2004 by Ord. No. 14-2004]
B.
A developer may apply to cluster residential units for single-family detached and attached dwellings, two-family dwellings and multifamily buildings in a townhouse or garden apartment configuration when such uses are permitted as either principal or conditional uses.
C.
Area and yard requirements. The following building requirements shall apply to all cluster developments:
(1)
Minimum tract size: 10 contiguous acres, served by public sewer and water.
(2)
Minimum tract frontage: 300 feet on a county road.
(3)
Minimum setback from any street right-of-way: 75 feet.
(4)
Minimum setback from all other lot lines: 50 feet.
(5)
Maximum density: as specified for the respective zone in the district regulations of this chapter.
(7)
Minimum parking setbacks: 35 feet from any county right-of-way and 20 feet from any municipal right-of-way or project entrance drive.
(8)
Under the provisions of this section, no lot shall be reduced in area below the following minimum requirements:
[Amended 3-24-2004 by Ord. No. 14-2004]
Zoning District | Required Minimum Lot Area of District | Permitted Minimum Lot Area of Cluster Development | |
|---|---|---|---|
RG-4 | 10,000 | 7,500 | |
6,700* | 5,700* | ||
RG-5 | 8,000 | 6,400 | |
3,500* | 3,100* |
Notes: *Pinelands development credits required. |
D.
Open space. A minimum of 40% of the site area shall be deed-restricted from further residential development in order to preserve a significant amenity of the tract as identified in the Master Plan of the Township of Egg Harbor. Of the 40%, no more than 50% shall be wetlands, as designated by the United States Fish and Wildlife Service. For the purposes of this subsection, no drainage structure, drainage basin or utility right-of-way shall be considered open space. The open space shall be contiguous and, to the greatest extent possible, centrally located to the residential uses. A minimum of 200 contiguous feet of the open space shall front on a municipal right-of-way or entrance or internal drive. An open space organization shall be created pursuant to N.J.S.A. 40:55D-43 et seq., unless the open space is dedicated to and accepted by the municipality. Nothing in this subsection shall be construed to require the Township of Egg Harbor to accept such open space.
E.
Site plan review. All cluster residential development shall be subject to § 225-25 of this chapter unless all uses in the development plan consist of single-family detached dwellings, in which case the development plan shall be subject to Chapter 198 of the Township Code.
[Amended 7-14-1993 by Ord. No. 30-1993]
I.
Landscaping requirements: pursuant to Chapter 94 of the Township Code, with the added requirement that all public street frontages and project entrance drives shall be planted with approved street trees spaced a maximum of 50 feet apart.
J.
Recreational requirements. All cluster development shall provide adequate active and passive recreation designed for the primary use of the development's residents in accordance with the following regulations:
(1)
Active recreation, playground. A minimum area of 1,500 square feet, plus 10 square feet for each dwelling unit, shall be provided and so designed to provide an active recreational facility for the primary use of persons aged 10 years or younger and shall include, at a minimum, swings, a climber, a seating area for adult supervision and other such similar equipment. The area shall be fenced with a material compatible with the overall architectural scheme of the development. The recreational area shall be centrally located so as to provide equivalent access to all dwelling units.
(2)
Active recreation, adult. A minimum area of 1,500 square feet shall be provided up to the first 10 units and 150 square feet per unit for developments of 11 dwellings units or greater. A jogging and walking path, a minimum width of five feet shall be provided around the perimeter of the site and shall be connected to the pedestrian circulation system. Developments in excess of 100 dwellings units shall provide, at a minimum, a swimming pool, tennis court or similar recreational facility which shall be centrally located to provide nearly equal access from the furthest dwelling units.
(3)
Cash in lieu of facilities. The developer may create a cash fund in lieu of constructing the required recreational facility for units which are to be owner-occupied (fee-simple, condominium or cooperative ownership), provided that the required land area is set aside. The amount of the fund shall equal $500 per dwelling unit and shall increase 7% per annum on the anniversary of the date of passage of this chapter. The fund created by the developer shall become an asset of the homeowners' association at its creation and shall be used solely for the construction of recreational facilities on the premises. The necessary agreement for the creation of the fund and the restriction of its use shall be contained within the homeowners' association documents. The specific section which contains the agreement shall be reviewed and approved by the Township or Board Solicitor.
K.
Design standards. The following regulations shall apply to all cluster residential developments unless, after due consideration of plans, testimony and other submissions, the Planning Board or Zoning Board waives strict compliance with the requirements of this section in order to promote the purposes of this chapter.
(1)
Facades. The facade of the structure shall be varied in such manner that no more than two townhouses and no more than four garden apartments shall share the same facade at the building line. Facades shall be uniform architecturally and shall not consist of disparate materials. Individual dwellings shall be distinguished from each other only by landscaping, lighting and variation in the building line.
(2)
Laundry facilities. Adequate laundering and drying facilities for clothing shall be provided within each structure sufficient to serve its occupants, unless such facilities are provided for each dwelling unit.
(3)
Pedestrian circulation. A pedestrian circulation system shall be provided which connects parking areas, dwellings and recreational facilities in a coherent and comprehensive pattern. The pedestrian walkway shall be adequately illuminated at night and be surfaced with a durable, dustless, all-weather material of a minimum width of five feet.
(4)
Trash enclosures. Trash enclosures shall be provided such that no disposal area is greater than 200 feet from the entrance of any dwelling unit, unless individual trash storage areas are provided for each dwelling unit. Trash enclosures shall be constructed of masonry with welded steel gates compatible with the architectural scheme of the development.
(5)
Units in structure. No more than eight townhouse or 16 garden apartment dwelling units shall be contained in any one structure.
(6)
Utilities. All utilities servicing the development shall be located underground.
L.
Performance guaranty. A sufficient performance guaranty, pursuant to Chapter 198 of the Township Code, shall be posted prior to the issuance of any zoning or building permit.
[Amended 7-14-1993 by Ord. No. 30-1993]
M.
Certificate of occupancy. A certificate of occupancy shall be required for each dwelling unit and shall be issued only when the name, business address and telephone number of the manager, building or project supervisor or other agent responsible for the operation of the development is furnished to the Zoning Officer.