Galloway City Zoning Code
ARTICLE X
Pinelands Area Standards
§ 233-67 Applicability.
B.
The standards and regulations in this chapter applicable to the Pinelands Area of Galloway Township are intended to be the minimum provisions necessary to achieve the purposes and objectives of this chapter and the Pinelands Protection Act.[1] In the event of a conflict between any provisions, the application of the Township standards shall in no way prevent adherence to the Pinelands standards.
[1]
Editor's Note: See N.J.S.A. 13:1BA-1 et seq.
§ 233-68 Definitions.
A.
The following terms shall apply to the Pinelands Area of Galloway Township. In the event of a conflict between a definition of Township-wide application and a Pinelands Area definition, the Pinelands Area definition shall control in the Pinelands Area. Definitions contained in Article II of this chapter are applicable in the Pinelands Area unless in conflict with this section.
B. ACCESSORY STRUCTURE OR USE (1) (2) (3) (4) AFFORDABLE HOUSING AGE-RESTRICTED HOUSING AGRICULTURAL COMMERCIAL ESTABLISHMENT AGRICULTURAL EMPLOYEE HOUSING AGRICULTURAL OR HORTICULTURAL PURPOSE OR USE AGRICULTURAL PRODUCTS PROCESSING FACILITY AGRICULTURAL SERVICE ESTABLISHMENT ALTERNATE DESIGN PILOT PROGRAM TREATMENT SYSTEM ANIMALS, THREATENED OR ENDANGERED APPLICATION FOR DEVELOPMENT APPROVAL AGENCY ARTIFICIAL REGENERATION BEDDING BROADCAST SCARIFICATION CAMPER CAMPSITE CERTIFICATE OF APPROPRIATENESS CERTIFICATE OF FILING CLEARCUTTING COMMISSION COMPREHENSIVE MANAGEMENT PLAN CONTIGUOUS LAND COPPICING DEVELOPMENT (1) (2) (3) (4) (5) (6) (7) (8) (9) DEVELOPMENT APPROVAL DEVELOPMENT, MAJOR DEVELOPMENT, MINOR DISKING DIVERT or DIVERSION DRAINAGE DRUM CHOPPING DWELLING ELECTRIC DISTRIBUTION LINES ELECTRIC TRANSMISSION LINES EROSION FIRE HAZARD FISH AND WILDLIFE MANAGEMENT FORESTRY(1) (2) (3) (4) (5) (6) FORESTRY MANAGEMENT PLAN FOREST STAND GROUP SELECTION HABITAT HEIGHT OF BUILDING HISTORIC RESOURCE HYDROLOGIC UNIT CODE-11 or HUC-11 HYDROPHYTE IMMEDIATE FAMILY IMPERMEABLE SURFACE IMPERVIOUS SURFACE INDIVIDUAL SELECTION INSTITUTIONAL USE INTERESTED PERSON OR PARTY INTERIM RULES AND REGULATIONS LAND LOCAL COMMUNICATIONS FACILITY LOW-INCOME HOUSEHOLD MEDIAN INCOME MOBILE HOME MODERATE-INCOME HOUSEHOLD NATURAL REGENERATION NAVIGABLE WATERS NONCONSUMPTIVE USE OFF-SITE COMMERCIAL ADVERTISING SIGN PARCEL PERMEABILITY PERSON PINELANDS AREA PINELANDS DEVELOPMENT CREDITS PINELANDS DEVELOPMENT REVIEW BOARD PINELANDS NATIVE FOREST TYPE PINELANDS PROTECTION ACT PINELANDS RESOURCE RELATED USE PLANTS, THREATENED OR ENDANGERED PRESERVATION AREA PROTECTION AREA PUBLIC SERVICE INFRASTRUCTURE RECOMMENDED MANAGEMENT PRACTICE RECORD TREE RECREATIONAL FACILITY, INTENSIVE RECREATIONAL FACILITY, LOW-INTENSIVE RESOURCE CONSERVATION PLAN RESOURCE EXTRACTION RESOURCE MANAGEMENT SYSTEM PLAN ROOT RAKING SEASONAL HIGH WATER TABLE SEED TREE CUT SHELTERWOOD CUT SIGN SOLAR ENERGY FACILITY STRUCTURAL ALTERATION SUBDIVISION(1) (a) (b) (c) (d) (e) (2) THINNING UTILITY DISTRIBUTION LINES WETLANDS WETLANDS MANAGEMENT WETLAND SOILS
As used in this article, the following terms shall have the meanings indicated:
A structure or use which:
Is subordinate to and serves a principal building or a principal use, including but not limited to the production, harvesting and storage as well as washing, grading and packaging of unprocessed produce grown on site;
Is subordinate in area, extent and purpose to the principal structure or principal building or a principal use;
Contributes primarily to the comfort, convenience or necessity of the occupants, business or industry of the principal structure or principal use served; and
[Amended 6-10-1997 by Ord. No. 1302]
Is located on the same parcel as the principal structure or principal use served, except as otherwise expressly authorized by the provisions of this chapter.
[Amended 6-10-1997 by Ord. No. 1302]
Housing which falls within the financial means of a household, guidelines being that a household will not have to spend more than 30% of its annual income for shelter nor expend more than two times the amount of its annual income for the purchase of a home.
Housing for older persons, in accordance with the fair housing amendments to the Civil Rights Act and applicable state statutes.
[Added 7-22-2003 by Ord. No. 1540; amended 10-28-2003 by Ord. No. 1548]
A retail sales establishment primarily intended to sell agricultural products produced in the Pinelands. An "agricultural commercial establishment" may be seasonal or year round and may or may not be associated directly with a farm; however, it does not include supermarkets, convenience stores, restaurants and other establishments which coincidentally sell agricultural products, nor does it include agricultural production facilities such as a farm itself, nor facilities which are solely processing facilities.
[Added 11-9-1988 by Ord. No. 932]
Residential dwellings for the seasonal use of employees of an agricultural or horticultural use which, because of their character or location, are not to be used for permanent housekeeping units and which are otherwise accessory to a principal use of the lot for agriculture.
[Amended 11-9-1988 by Ord. No. 931]
Any production of plants or animals useful to any man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, and including the breeding and grading of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.
A facility designed, constructed and operated for the express purpose of processing agricultural products grown in the Pinelands, including washing, grading and packaging of those products.
[Added 11-9-1988 by Ord. No. 931]
An establishment, the primary purpose of which is the sale of goods, commodities or services that support active farm operations.
An individual or community on-site wastewater treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater and that has been approved by the Pinelands Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Pinelands Commission.
[Added 6-24-2003 by Ord. No. 1536; amended 4-26-2016 by Ord. No. 1941-2016]
Those animals specified in N.J.A.C. 7:50-6.32.
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Pinelands Area, except as provided in § 233-85A(2).
[Added 11-9-1988 by Ord. No. 931]
Any board, body or other authority within the Township with authority to approve or disapprove subdivisions, site plans, construction permits or other applications for development approval.
The establishment of tree cover through direct or supplemental seeding or planting.
[Added 6-12-2012 by Ord. No. 1851]
A silvicultural practice involving the preparation of land before planting in the form of small mounds so as to concentrate topsoil and elevate the root zone of seedlings above temporary standing water.
[Added 6-12-2012 by Ord. No. 1851]
A silvicultural practice involving the dragging of cut trees or other objects across a parcel to remove or reduce aboveground shrub cover, debris, leaf litter and humus without disturbance to mineral soil horizons and associated roots.
[Added 6-12-2012 by Ord. No. 1851]
A portable structure, which is self-propelled or mounted on or towed by another vehicle, designed and used for temporary living for travel, recreation, vacation or other short-term uses. A "camper" does not include mobile homes or trailers.
[Added 11-9-1988 by Ord. No. 932]
A place used or suitable for camping, on which temporary shelter such as a tent or camper may be placed and occupied on a temporary and seasonal basis.
[Amended 11-9-1988 by Ord. No. 932]
A certificate issued by the Planning Board or Board of Adjustment pursuant to § 233-83J of this article.
[Amended 12-9-1986 by Ord. No. 848; 11-9-1988 by Ord. No. 931]
A certificate issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34 and N.J.A.C. 50-4.82 that a complete application for development has been filed.
[Amended 11-9-1988 by Ord. No. 931]
A silvicultural practice involving removal of an entire forest stand in one cutting for purposes of regeneration either obtained artificially, by natural seed or from advanced regeneration. Clearcutting typically results in the removal of all woody vegetation from a parcel in preparation for the establishment of new trees; however, some trees may be left on the parcel.
[Added 6-12-2012 by Ord. No. 1851]
The Pinelands Commission created pursuant to Section 5 of the Pinelands Protection Act.
[1]The plan adopted by the Commission pursuant to Section 7 of the Pinelands Protection Act, as amended.
[2]Land which is connected or adjacent to other land so as to permit the land to be used as a functional unit; provided that separation by lot line, streams, dedicated public roads which are not paved, rights-of-way and easements shall not affect the contiguity of land unless a substantial physical barrier is created which prevents the land from being used as a functional unit.
[Amended 6-22-1993 by Ord. No. 1127]
A silvicultural practice involving the production of forest stands from vegetative sprouting by the trees that are harvested (stump sprouts, root suckers, and naturally rooted layers). Coppicing typically involves short rotations with dense stands of short trees.
[Added 6-12-2012 by Ord. No. 1851]
The change or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels and the creation or termination of rights of access or riparian rights, including but not limited to:
A change in the type of use of a structure or land.
A reconstruction, alteration of the size or material change in the external appearance of a structure or land.
A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
Commencement of resource extraction, drilling or excavation on a parcel of land.
Demolition of a structure or removal of trees.
Deposit of refuse, solid or liquid waste or fill on a parcel of land.
In connection with the use of land, the making of any material change in noise levels, thermal conditions or emissions of waste materials.
Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetland or artificial body of water.
Commencement of forestry activities.
[Added 11-9-1988 by Ord. No. 931]
Any approval granted by an approval agency, including appeals to the governing body, except certificates of occupancy and variances, pursuant to N.J.S.A. 40:55D-70, which do not otherwise include issuance of a construction permit, subdivision or site plan approval.
Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
A silvicultural practice involving the drawing of one or more heavy, round, concave, sharpened, freely rotating steel disks across a site for the purposes of cutting through soil and roots or cutting and turning a furrow over an area.
[Added 6-12-2012 by Ord. No. 1851]
The taking of water from a river, stream, lake, pond, aquifer, well, other underground source, or other waterbody, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
[Added 5-28-2024 by Ord. No. 2136-2024]
The removal of surface water or groundwater from land by drains, grading or other means, including control of runoffs to minimize erosion and sedimentation during or after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
A silvicultural practice involving the drawing of a large cylindrical drum with cutting blades mounted parallel to its axis across a site to break up slash, crush scrubby vegetation prior to burning or planting or to chop up and disturb the organic turf and roots in the upper foot of soil.
[Added 6-12-2012 by Ord. No. 1851]
Any structure or portion thereof which is designed or used for residential purposes.
[Added 11-9-1988 by Ord. No. 931]
All electric lines other than electric transmission lines.
[Added 11-9-1988 by Ord. No. 931]
Electric lines which are part of an electric company's transmission and subtransmission system, which provide a direct connection between a generating station or substation of the utility company and another substation of the utility company, a substation of or interconnection point with another interconnecting utility company and a substation of a high-load customer of the utility.
[Amended 11-9-1988 by Ord. No. 931]
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
The classification of a parcel of land in accordance with the provisions of § 233-83H of this chapter.
The changing of the characteristics and interactions of fish and wildlife population and their habitats in order to promote, protect and enhance the ecological integrity of those populations.
The planting, cultivating and harvesting of trees for the production of wood products, including firewood or for forest health. It includes such practices as reforestation, site preparation and other silvicultural practices, including but not limited to artificial regeneration, bedding, broadcast scarification, clearcutting, coppicing, disking, drum chopping, group selection, individual selection, natural regeneration, root raking, seed tree cut, shelterwood cut and thinning. For purposes of this chapter, the following activities shall not be defined as forestry:
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302; 6-12-2012 by Ord. No. 1851]
Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;
Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;
Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;
Removal of trees necessary for the maintenance of utility or public rights-of-way;
Removal or planting of trees for the personal use of the parcel owner; and
Removal of trees for public safety.
A plan detailing forestry management programs in accordance with the provisions of N.J.A.C. 7:50-6.41 et seq.
A uniform group of trees of similar species, composition, size, age and similar forest structure.
[Added 6-12-2012 by Ord. No. 1851]
A silvicultural practice whereby a group of trees is periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Added 6-12-2012 by Ord. No. 1851]
The natural environment of an individual animal or plant, population or community.
The vertical distance measured from grade to the highest point of the roof for flat roofs, to the deckline for mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.[3]
[Added 12-9-1986 by Ord. No. 848]
Any site, building, area, district, structure or object important in American history or prehistory, architecture, archaeology and culture at the national, state, county, local or regional level.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by an 11-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
[Added 5-28-2024 by Ord. No. 2136-2024]
Any plant growing in water or in substrate that is at least periodically deficient in oxygen as a result of excessive water content.
Those persons related by blood or legal relationship in the following manner: spouses, domestic partners, great-grandparents, grandparents, great-grandchildren, grandchildren, parents, sons, daughters, brothers and sisters, aunts and uncles, nephews, nieces and first cousins.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302; 4-26-2016 by Ord. No. 1941-2016]
Any surface which does not permit fluids to pass through or penetrate its pores or spaces, typically having a maximum permeability for water of 10-7 cm/second at the maximum anticipated hydrostatic pressure. The term "impermeable" is equivalent in meaning.
[Amended 6-12-2012 by Ord. No. 1851]
Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater, directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in urban areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0. Such surfaces may have varying degrees of permeability.
[Added 6-12-2012 by Ord. No. 1851]
A silvicultural practice whereby single trees are periodically selected to be removed from a large area so that age and size classes of the reproduction are mixed.
[Added 6-12-2012 by Ord. No. 1851]
Any land used for the following public or private purposes; educational facilities, including universities and colleges with accessory living quarters/dormitories, elementary and secondary and vocational schools, kindergartens and nurseries; cultural facilities such as libraries, galleries, museums, concert halls, theaters and the like; churches; cemeteries; public office buildings; hospitals, including such educational, clinical, research and convalescent facilities as are integral to the operation of the hospital; medical and health-service facilities, including nursing homes, rehabilitation therapy centers and public health facilities; law enforcement facilities; military facilities; and other similar facilities. For purposes of this chapter, institutional use shall not include medical offices which are not associated with hospitals or other medical or health service facilities, nor shall it include assisted living facilities.
[Amended 11-9-1988 by Ord. No. 931; 12-11-2001 by Ord. No. 1491]
Any person whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this state or of the United States has been denied, violated or infringed upon by an action or failure to act under this chapter.
The regulations adopted by the Pinelands Commission pursuant to the Pinelands Protection Act[4] to govern the review of applications from the adoption of the regulations until the Pinelands Comprehensive Management Plan took effect on January 14, 1981. These regulations were formerly codified as N.J.A.C. 7:1G-1 et seq.
[Added 11-9-1988 by Ord. No. 931]
Includes the surface and subsurface of the earth as well as improvements and fixtures on, above or below the surface and any water found thereon.
An antenna and any support structure, together with any accessory facilities, which complies with the standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-to-point communication, including cellular telephone cells, paging systems and dispatch communications. It does not include radio or television broadcasting facilities or microwave transmitters.
[Added 6-10-1997 by Ord. No. 1302]
A household with an annual income of less than 50% of the median income for the county or standard metropolitan statistical area.
The median of household income as determined from time to time by the United States Department of Housing and Urban Development to be the median.
A dwelling unit manufactured in one or more sections, designed for long-term occupancy and which can be transported after fabrication to a site where it is to be occupied.
[Added 11-9-1988 by Ord. No. 932]
A household with an annual income which is 50% to 80% of the median income for the county or standard metropolitan statistical area.
The establishment of a plant or plant age class from natural seeding, sprouting, suckering or layering.
[Added 6-12-2012 by Ord. No. 1851]
Water capable of being traversed by pleasure craft.
The use of water diverted from surface or ground waters in such a manner that at least 90% of the diverted water is returned to the source surface or ground water at or near the point from which it was taken.
[Added 5-28-2024 by Ord. No. 2136-2024]
A sign, other than a sign which advertises an agricultural commercial establishment, which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
[Amended 11-9-1988 by Ord. No. 932]
Any quantity of land, consisting of one or more lots, that is capable of being described with such definiteness that its location and boundaries may be established.
[Amended 6-10-1997 by Ord. No. 1302]
The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.
[Added 6-12-2012 by Ord. No. 1851]
An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest or any other legal entity.
That area of Galloway Township designated as part of the Pinelands Area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.), being that portion of the Township lying west of the Garden State Parkway.
[5]A use right allocated to certain lands within the Township pursuant to N.J.A.C. 7:50-5.43 that can be used to secure a residential density bonus on other lands within the Township or in other municipalities which have regional growth areas.
The agency responsible from February 8, 1979, until June 28, 1979, for the review of and action on applications for development in the Pinelands Area which required approvals of other state agencies, except where the Pinelands Commission acted on applications during that time period.
[Added 11-9-1988 by Ord. No. 931]
See N.J.A.C. 7:50-6.43.
[Added 6-12-2012 by Ord. No. 1851]
N.J.S.A. 13:18A-1 to 18A-29.
Any use which is based on resources which are indigenous to the Pinelands, including but not limited to forest products, berry agriculture and sand, gravel, clay or ilmenite.
[Amended 11-9-1988 by Ord. No. 931]
A Pinelands plant species whose survival worldwide, nationwide or in the state is in jeopardy.
[Amended 11-9-1988 by Ord. No. 931]
That area within the Township north of Clarks Landing Road and west of the Garden State Parkway as designated by Section 10(b) of the Pinelands Protection Act.
[6]All land within the Township's Pinelands Area which is not included in the preservation area, being that area south of Clarks Landing Road and west of the Garden State Parkway.
Sewer service, gas, electricity, water, telephone, cable television and other public utilities developed linearly, roads and streets and other similar services provided or maintained by any public or private entity.
[Added 11-9-1988 by Ord. No. 931]
The management program which employs the most efficient use of available technology, natural, human and economic resources.
[Amended 11-9-1988 by Ord. No. 931]
The largest tree of a particular species in New Jersey based on its circumference at 4.5 feet above ground level. A listing of the largest known tree of each species and its location is maintained at the principal offices of the Commission.
[Added 6-10-1997 by Ord. No. 1302]
Any recreational facility which is not a low-intensity recreational facility, including but not limited to golf courses, marinas, amusement parks, hotels and motels.
[Amended 11-9-1988 by Ord. No. 931]
A facility or area which complies with the standards of N.J.A.C. 7:50-5, Part III, utilizes and depends on the natural environment of the Pinelands and requires no significant modifications of that environment other than to provide access, and which has an insignificant impact on surrounding uses or on the environmental integrity of the area. It permits such low intensity uses as hiking, hunting, trapping, fishing, canoeing, nature study, orienteering, horseback riding and bicycling.
[Amended 6-10-1997 by Ord. No. 1302]
A plan prepared for review by the Soil Conservation District which details the proposed use of agricultural recommended management practices.
The dredging, digging, extraction, mining and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including, however, the private or agricultural extraction and use of extracted material by a landowner.
[Amended 11-9-1988 by Ord. No. 931]
A plan, prepared in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, dated June 2005. Such plans shall prescribe needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of nonpoint source pollution; and establish criteria for resource sustainability of soil, water, air, plants and animals.
[Added 6-12-2012 by Ord. No. 1851]
A silvicultural practice involving the drawing of a set of tines, mounted on the front or trailed behind a tractor, over an area to thoroughly disturb tree and vegetation roots and/or to collect stumps and slash.
[Added 6-12-2012 by Ord. No. 1851]
The level below the natural ground surface to which water seasonally rises in the soil in most years.
A silvicultural practice involving the removal of old forest stand in one cutting, except for a small number of trees left singly, in small groups or narrow strips, as a source of seed for natural regeneration.
[Added 6-12-2012 by Ord. No. 1851]
A silvicultural practice involving the establishment of a new, essentially even-aged forest stand from release, typically in a series of cuttings, of new trees started under the old forest stand. A shelterwood cut involves the establishment of the new forest stand before the old forest stand is removed.
[Added 6-12-2012 by Ord. No. 1851]
Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. "Signs" do not include the flag or emblem of any nation, organization of nations, state or city or any fraternal, religious or civic organizations; merchandise, pictures or models of products or services incorporated in a window display; works of art which in no way identify a product; or scoreboards located on athletic fields.
[7]A solar energy system and all associated components, including, but not limited to, panels, arrays, footings, supports, mounting and stabilization devices, inverters, electrical distribution wires and other on-site or off-site infrastructure necessary for the facility, which converts solar energy into usable electrical energy, heats water or produces hot air or other similar function.
[Added 4-26-2016 by Ord. No. 1941-2016]
Any change in either the supporting members of a building, such as bearing walls, columns, beams and girders, or in the dimensions or configurations of the roof or exterior walls.
The division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:
Divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate provisions.
Divisions of property upon court order, including but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other recorded instrument.
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map or Atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
A silvicultural practice involving the removal of competing trees to favor certain species, sizes and qualities of trees.
[Added 6-12-2012 by Ord. No. 1851]
Lines, conduits or pipes located in a street, road, alley or easement through which natural gas, electricity, telephone, cable television, water, sewage or stormwater discharge is distributed to or from service lines extending from the main line to the distribution system of the building or premises served. Utility distribution lines do not include electric transmission lines.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. "Wetlands" include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture and further defined in N.J.A.C. 7:50-6.3 through 6.5.
The establishment of a characteristic wetland or the removal of exotic species or phragmites from a wetland in accordance with the standards of N.J.A.C. 7:50-6.10. For purposes of this definition, exotic species are those that are not indigenous to North America.
[Added 6-12-2012 by Ord. No. 1851]
Those soils designated as very poorly drained or poorly drained by the Soil Conservation Service of the United States Department of Agriculture, including but not limited to Atsion, Bayboro, Berryland, Colemantown, Elkton, Keansbury, Leon, Muck, Othello, Pocomoke, St. Johns and Freshwater Marsh and Tidal Marsh soil types.
[1]
Editor's Note: See N.J.S.A. 13:18A-5.
[2]
Editor's Note: See N.J.S.A. 13:18A-8.
[3]
Editor's Note: The definition of "Historic, Archaeological and Cultural Preservation Board," which previously followed this definition, was repealed 11-9-1988 by Ord. No. 931.
[4]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
[5]
Editor's Note: See N.J.S.A. 13:18A-11a.
[6]
Editor's Note: See N.J.S.A. 13:18A-11b.
[7]
Editor's Note: The definitions of "specimen tree" and "standard subsurface sewage disposal system," which previously followed this definition, were repealed 6-10-1997 by Ord. No. 1302.
§ 233-69 Establishment of districts.
[Amended 12-9-1986 by Ord. No. 848; 12-12-1989 by Ord. No. 980]
In order to implement the goals and objectives of the Pinelands Comprehensive Management Plan and to regulate and limit the types and location of uses, the density and intensity with which lands are to be utilized, the Pinelands Area is hereby divided into the following districts, which shall be known as:
PA | Preservation Area District |
FA | Forest Area District |
AG | Agricultural Production District |
RD | Rural Development District (including R-5 and RCR) |
Pinelands Villages and Towns District (including VR, TR, VC, TC, TI, TPO and R3.2) | |
RG | Regional Growth District (including R, I, PIRD, PO, RCG and C) |
GI | Government Institution District |
§ 233-70 Standards applicable to all districts.
The following standards are applicable to all zones:
B.
No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.
[Added 11-9-1988 by Ord. No. 931]
C.
Except as otherwise authorized in this article, the extraction of mining or mineral resources other than sand, gravel, clay and ilmenite is prohibited.
[Added 11-9-1988 by Ord. No. 931]
§ 233-71 PA Preservation Area District.
A.
Purpose. This Preservation Area District recognizes that certain areas within the Township are within the preservation area of the New Jersey Pinelands Area. It is characterized by a network of pristine wetlands, streams and rivers, all of which support diverse plant and animal communities. The area must be protected from development and land use that would adversely affect its long-term ecological integrity.
B.
Uses. The following uses shall be permitted in the Preservation Area District:
(1)
Single-family detached dwellings on lots of 3.2 acres, in accordance with § 233-83P.
[Amended 12-22-1987 by Ord. No. 882; 11-9-1988 by Ord. No. 931]
(2)
Agricultural employee housing as an element of and accessory to an active agricultural operation.
(3)
Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
(4)
Forestry.
(5)
Beekeeping.
(6)
Fish and wildlife management and wetlands management.
[Amended 6-12-2012 by Ord. No. 1851]
(7)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
The parcel will contain no more than one campsite per two acres, provided that the campsites shall not be clustered at a net density exceeding six campsites per acre;
(e)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(f)
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 6-12-2012 by Ord. No. 1851]
(8)
Signs.
(9)
Accessory uses.
C.
Additional bulk regulations: See Table I.[1]
(1)
Notwithstanding the minimum lot areas set forth in Table I, no such minimum lot area for a nonresidential use within the PA District shall be less than that needed to meet the water quality standards of § 233-83F(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 11-9-1988 by Ord. No. 932; amended 6-10-1997 by Ord. No. 1302]
[1]
Editor's Note: Table I is included at the end of this chapter.
§ 233-72 FA Forest Area District.
A.
Purpose. This Forest Area District recognizes that there are undisturbed, forested portions of the Pinelands Protection Area which support characteristic Pinelands plant and animal species. These areas are an essential element of the Pinelands environment and are very sensitive to random and uncontrolled development. Some parts of this district are more suitable for development than others if such development proceeds in accordance with the environmental performance standards.
B.
Uses. The following uses shall be permitted in the Forest Area District:
(1)
Single-family detached dwelling units on lots of 3.2 acres, in accordance with § 233-83P.
[Amended 12-22-1987 by Ord. No. 882; 11-9-1988 by Ord. No. 931]
(2)
Single-family detached dwelling units. (See Table I.[1]) Clustering of the permitted single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development in accordance with the requirements of § 233-80.1.
[Amended 12-22-1987 by Ord. No. 882; 6-12-2012 by Ord. No. 1851]
[1]
Editor’s Note: Table I is included at the end of this chapter.
(3)
Agriculture.
(4)
Agricultural employee housing as an element of and necessary to an active agricultural operation.
(5)
Forestry.
(6)
Fish and wildlife management and wetlands management.
[Amended 6-12-2012 by Ord. No. 1851]
(7)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
(b)
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 6-12-2012 by Ord. No. 1851]
(8)
Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.
[Amended 6-10-1997 by Ord. No. 1302]
(9)
Continuation of existing resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI.
[Amended 6-10-1997 by Ord. No. 1302]
(10)
Signs.
(11)
Accessory uses.
C.
Conditional uses are as follows:
(1)
Institutional uses, provided that:
(a)
The use does not require or will not generate subsidiary or satellite development in the Forest Area District;
(b)
The application has demonstrated that adequate public service infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs of the Forest Area District in which the use is to be located.
(2)
Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
[Amended 6-10-1997 by Ord. No. 1302]
(3)
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
[Amended 11-9-1988 by Ord. No. 931]
(4)
Roadside retail sales and service establishments, provided that:
(a)
The parcel proposed for development has roadway frontage of at least 50 feet;
(b)
No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and
(c)
The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.
(5)
Waste management facilities in accordance with N.J.A.C. 7:50-5.23(b)8 and N.J.A.C. 7:50-6, Part VII.
[Amended 6-10-1997 by Ord. No. 1302]
(6)
Public service infrastructure intended to primarily serve the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with § 233-83F(2)(b).
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
(7)
Single-family detached dwelling units created as part of a residential development which are not clustered in accordance with the standards of §§ 233-72B(2) and 233-80.1, provided that:
[Added 6-12-2012 by Ord. No. 1851]
(a)
The Planning Board finds that:
(c)
Development shall conform to the standards in Table I.[2]
[2]
Editor’s Note: Table I is included at the end of this chapter.
D.
Additional bulk regulations (see Table I):[3]
(4)
Notwithstanding the minimum lot areas set forth in Table I,[7] no such minimum lot area for a nonresidential use within the FA-5, FA-WET or FA-20 Zones shall be less than that needed to meet the water quality standards of § 233-83F(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 11-9-1988 by Ord. No. 932]
[7]
Editor's Note: Table I is included at the end of this chapter.
[3]
Editor's Note: Table I is included at the end of this chapter.
§ 233-73 AG Agricultural Production District.
A.
Purpose. It is the purpose of this Agricultural Production District to protect areas of active agricultural use, together with adjacent areas of prime and unique agricultural soils or soils of statewide significance, suitable for expansion of agricultural operations.
B.
Uses.
(1)
The following uses are permitted in the Agricultural Production District:
(a)
Single-family detached dwellings on existing lots of record as of February 8, 1979, of one acre or more, provided that:
[Amended 12-9-1986 by Ord. No. 848; 12-22-1987 by Ord. No. 882; 10-26-1999 by Ord. No. 1410]
[1]
Any future development of the lot must provide 10 acres to the existing residence, and the future subdivision is subject to all other requirements of this section.
(b)
Single-family detached dwellings on 3.2 acres, in accordance with § 233-83P.
[Amended 12-22-1987 by Ord. No. 882; 11-9-1988 by Ord. No. 931]
(c)
Residential dwelling units not to exceed a gross density of one unit per 10 acres, provided that:
[Amended 11-9-1988 by Ord. No. 931]
[1]
The dwelling is accessory to an active agricultural operation.
[2]
The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation.
[3]
The dwelling is to be located on a lot which is under or qualified for agricultural assessment.
[4]
The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area.
[5]
A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to § 233-83P of this chapter.
[Amended 4-23-1991 by Ord. No. 1040]
[6]
No more than one lot may be created for a dwelling pursuant to this subsection at any one time.
[Added 4-23-1991 by Ord. No. 1040]
(d)
Agriculture.
(e)
Agricultural employee housing as an element of and accessory to an active agricultural operation.
(f)
Forestry.
(g)
Fish and wildlife management and wetlands management.
[Amended 6-12-2012 by Ord. No. 1851]
(h)
Low-intensity recreational uses, provided that:
[1]
The parcel proposed for low-intensity recreational use has an area of at least 50 acres;
[2]
The recreational use does not involve the use of motorized vehicles except for necessary transportation;
[3]
Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
[4]
Clearing of vegetation, including ground cover and soil disturbance, does not exceed 5% of the parcel; and
[5]
No more than 1% of the parcel will be covered with impervious surfaces.
[Amended 6-12-2012 by Ord. No. 1851]
(i)
Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores, provided that:
[Amended 11-9-1988 by Ord. No. 931[1]]
[1]
The principal goods or products available for sale were produced in the Pinelands; and
[2]
The sales area of the establishment does not exceed 5,000 square feet.
[1]
Editor's Note: This ordinance repealed former § 54-63B(2)(h), previously included herein, which regarded campgrounds as permitted uses.
(j)
Agricultural products processing facilities.
(k)
Public service infrastructure; centralized wastewater treatment and collection facilities shall be permitted to service the AG Agricultural Production District only in accordance with § 233-83F(2)(b).
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
(l)
Signs.
(m)
Accessory uses.
C.
Conditional uses are as follows:
(1)
Pinelands resource-related industries, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:
[Amended 6-10-1997 by Ord. No. 1302]
(2)
Airports and heliports which are accessory to agricultural uses and are used exclusively for the storage, fueling, loading and operation of aircraft as a part of an ongoing agricultural operation.
(3)
Waste management facilities in accordance with N.J.A.C. 7:50-5.24(b)8 and N.J.A.C. 7:50-6, Part VII.
[Amended 6-10-1997 by Ord. No. 1302]
(4)
Dog kennels, provided that:
(a)
A minimum setback of 350 feet shall be maintained for the facility from all lot lines. This setback may be reduced a maximum of 100 feet based upon the provision of innovative site plan and buffering design and full compliance with the noise and odor standards for this conditional use.
(b)
The applicant must clearly demonstrate that there will be no discernible noise or odors at the lot line.
(5)
Residential dwelling units at a gross density of one unit per 40 acres, provided that:
(a)
The unit(s) shall be clustered on one-acre lots;
(b)
The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and
(c)
The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel.
[Amended 6-10-1997 by Ord. No. 1302]
[2]
Editor's Note: This ordinance repealed former § 54-63C(1), regarding institutional uses, and § 54-63C(4), regarding resource extraction operations, previously included herein.
D.
Additional regulations are as follows:
(1)
Lot area: No residential dwelling unit shall be located on a lot of less than one acre. (See Table I.[3])
[3]
Editor's Note: Table I is included at the end of this chapter.
(2)
Notwithstanding the minimum lot areas set forth in Table I, no such minimum lot area for a nonresidential use within the AG Zone shall be less than that needed to meet the water quality standards of § 233-83F(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 11-9-1988 by Ord. No. 932]
§ 233-74 R5 Rural Development District.
[Amended 12-9-1986 by Ord. No. 848; 2-24-1987 by Ord. No. 854; 12-22-1987 by Ord. No. 882; 11-9-1988 by Ord. No. 932; 6-22-1993 by Ord. No. 1127; 5-9-2006 by Ord. No. 1653]
A.
Purpose. This R5 Rural Development District recognizes that there are areas within the Pinelands Area which are slightly modified from a pristine condition and are suitable for limited future development subject to strict environmental performance standards. This area is a balance of environmental and developed conditions which lies between the pristine forest area and existing developed areas. A portion of the R.5 District warrants additional protection due to its use by Great Blue Heron.
B.
Uses in the R5 Rural Development District are as follows:
(1)
Single-family detached dwelling units. (See Table I.[1]) Clustering of the permitted single-family detached dwellings shall be required whenever two or more units are proposed as part of a residential development in accordance with the requirements of § 233-80.1.
[Amended 6-12-2012 by Ord. No. 1851]
[1]
Editor’s Note: Table I is included at the end of this chapter.
(2)
Agricultural uses and accessory uses thereto, including products and sales establishments, roadside sales facilities.
(4)
Accessory uses.
(5)
Recreational facilities other than amusement parks.
(6)
Forestry.
(7)
Public and quasi-public schools and institutions of learning.
C.
Conditional uses:
(2)
The R5C-Rural Development Cluster Overlay, bounded by Duerer Street, Genoa Avenue, and Jimmie Leeds Road, is created to preserve the Blue Heron Rookery, located in the extreme northwestern portion of the R5C-Rural Development District and designated as the "Protected Rookery Area." Unless otherwise specified below, all development within the cluster overlay shall be located outside the protected rookery area. Noncontiguous lands may be used to satisfy the density requirements for the permitted uses listed in (a) and (b) below, provided such lands are located within the protected rookery area and are subsequently deed restricted as open space to preclude any future development. Sewer service within the cluster overlay is permitted.
(a)
Permitted uses within the R5C-Rural Development Cluster Overlay shall be limited to the following: residential housing, planned office, community commercial, public and quasi-public schools and institutions of learning.
(b)
Density:
[1]
Residential development at a maximum gross density of one unit per five acres, subject to the following:
[a]
Single lots, for which no subdivision is required shall be permitted on existing lots of at least five acres in size. The standards for the R5 District (Table I) shall apply. To the maximum extent feasible, residential development on existing lots shall be located as far as possible from the protected rookery area.
[b]
When two or more units are proposed in the cluster overlay, mandatory clustering shall be required. All residential units outside the protected rookery area shall be a minimum of 1.0 acre in size and a maximum of 3.2 acres in size. All residential units inside the protected rookery area shall be 1.0 acre in size and front onto an existing road. Those standards covering the VR Zoning District in Table I,[2] excluding footnote 3, shall apply to all clustered residential units. The remainder of the parcel not assigned to individual residential lots, including any noncontiguous lands located in the protected rookery area, shall be permanently dedicated through recordation of a restriction on the deed to the parcel as open space with no further development permitted.
[2]
Editor's Note: Table I is included at the end of this chapter.
[2]
Planned office.
[a]
Gross density: 900 square feet of planned office coverage for each gross acre, including any noncontiguous lands located in the protected rookery area.
[b]
Net density: as permitted in the PO Zone, including bulk requirements.
[c]
Minimum lot size: one acre.
[d]
With the exception of minimum lot area, which shall be one acre, the standards for the CVC Zoning District (Table I) shall apply.
[e]
Planned office uses shall be permitted only in that portion of the cluster overlay with frontage on Jimmie Leeds Road, outside the protected rookery area.
[3]
Community commercial:
[a]
Gross density: 900 square feet of community commercial coverage for each gross acre, including any noncontiguous lands located in the protected rookery area.
[b]
Net density: as permitted in the PO Zone, including bulk requirements.
[c]
Minimum lot size: one acre.
[d]
With the exception of minimum lot area, which shall be one acre, the standards for the CVC Zoning District (Table I) shall apply.
[e]
Community commercial uses shall be permitted only in that portion of the cluster overlay with frontage on Jimmie Leeds Road, outside the protected rookery area.
[4]
Public and quasi-public schools and institutions of learning: subject to the requirements New Jersey Department of Education.
[a]
Gross density: 900 square feet of planned office coverage for each gross acre, including any noncontiguous lands located in the protected rookery area.
[b]
Net density: as permitted in the PO Zone, including bulk requirements.
[c]
Minimum lot size: five acres.
[d]
The standards for the CVC Zoning District (Table I) shall serve as additional guidance beyond New Jersey Department of Education standards.
[e]
Public and quasi-public schools and institutions of learning shall be permitted only in that portion of the cluster overlay located outside the protected rookery area.
(3)
Churches and places of worship.
[Added 6-26-2007 by Ord. No. 1717]
(4)
Single-family detached dwelling units created as part of a residential development which are not clustered in accordance with the standards of § 233-74B(1) and § 233-80.1, provided that:
[Added 6-12-2012 by Ord. No. 1851]
§ 233-75 RCR Resort Commercial Rural District.
[Added 12-9-1986 by Ord. No. 848]
A.
Purpose. The purpose of the Resort Commercial Rural District is to provide low-density resort commercial uses, such as accommodations and eating establishments for Pinelands travelers.
B.
Uses permitted in the Resort Commercial Rural District are as follows: motels, hotels, restaurants and accessory uses with septic density meeting water-quality standards. Motel/hotel density shall not exceed one sleeping unit per acre.
C.
Other regulations: see Table I.[1]
(1)
Notwithstanding the minimum lot areas set forth in Table I, no such minimum lot area for a nonresidential use within the RCR Zone shall be less than that needed to meet the water quality standards of § 233-83F(2)(d), whether or not the lot may be served by a centralized sewer treatment or collection system.
[Added 11-9-1988 by Ord. No. 932]
[1]
Editor's Note: Table I is included at the end of this chapter.
§ 233-76 Resort and Recreation Zone.
[Added 11-12-1996 by Ord. No. 1270]
A.
Purpose. The purpose of the Resort and Recreation Zone is to recognize the continued development of an existing tourist facility and its environs, while providing for the protection of natural resources in and around this area. Specifically, the Resort and Recreation Zone will:
(1)
Accommodate the expansion of the existing tourist facilities at the Renault Winery (hereinafter the "Winery"); and
(2)
Permit a broader range of tourist and recreation uses than currently exist at the Winery; and
(3)
Recognize that other areas along Breman Avenue are well suited for complimentary uses due to their location near the Winery and their accessibility to sanitary sewer service and a major highway; and
(4)
Recognize the proximity of central sanitary sewer services and facilitate its use in this area; and
(5)
Concentrate these uses in an appropriate location while affording permanent protection to other undeveloped areas in the vicinity; and
(6)
Adjust the boundaries of Pinelands management areas to recognize the existing character of this tourist area and balance these development opportunities with permanent resource protection rather than through traditional zoning mechanisms.
B.
Pinelands Comprehensive Management Plan. The Resort and Recreation Overlay Zone has been established in accordance with the Pinelands Comprehensive Management Plan provisions, which allow for certain changes in Pinelands management area designations if, among other conditions, higher development intensities permitted through conditional use provisions are offset by the permanent protection of other lands in the immediate vicinity. Within the overlay zone, the Resort Development Area was redesignated from a Pinelands Agricultural Production Area to the Pinelands Town Management Area, and the Recreation Development Area was redesignated from a Pinelands Agricultural Production Area to Pinelands Rural Development Area. The specific requirements of Subsections E, G(6), G(7) and 11 are critical to the Resort and Recreation Overlay Zone's consistency with the Pinelands Comprehensive Management Plan, as is any other provision of this section, which indirectly affects the operation of those subsections.
C.
Zone location. The Resort and Recreation Zone consists of approximately 260 acres, and is specifically depicted on the Galloway Township Zoning Map.
D.
Establishment of development areas. There are hereby established a Resort Development Area and a Recreation Development Area within the Resort and Recreation Zone.
E.
Permitted uses. All of those uses as permitted in the AG Zone and set forth in § 233-73 of this chapter are permitted in the Resort and Recreation Zone.
(1)
Sanitary sewer service must be provided to permitted uses located in the Resort Development Area if the use is within 200 feet of the existing sewer service. Otherwise, no sanitary sewer services is permitted.
(2)
No sanitary sewer service may serve permitted uses in the Recreation Development Area.
F.
Permitted conditional uses. The following uses are permitted in the Resort and Recreation Zone, provided that the conditions enumerated in Subsection G below are met.
G.
Conditions. The following conditions apply to the permitted conditional uses enumerated in Subsection F above:
(1)
In order to establish a logical corridor development pattern, the first conditional use shall have a minimum of 100,000 square feet of existing and proposed floor area. Thereafter, there shall be no minimum floor area requirement; provided, however, that the minimum tract size for any planned development involving more than one principal use shall be 20 acres.
(2)
A one-hundred-foot buffer shall be provided between adjoining property lines, unless uses on both properties are part of the same development project.
(3)
All proposed buildings and structures shall maintain exterior design which is compatible with the exterior of the historic buildings of the existing Winery.
(4)
All existing and proposed buildings and structures within the Resort Development Area which require or have wastewater service shall be served by public sanitary sewer.
(5)
All buildings and structures within the Recreation Development Area which require wastewater service shall be served by individual on-site septic wastewater systems.
(6)
Golf courses shall be designed utilizing the best available technology to reduce consumptive water use and to reduce pollution due to the use of pesticides, fertilizer and soil supplements.
(7)
All tees, fairways, greens and other actively managed portions of a golf course or other intensive recreational facility shall be located at least 300 feet from any wetland.
(10)
Except as expressly modified by the requirements of this section, all other applicable requirements of this Code shall be met.
H.
Complementary open space.
(1)
Open space shall be provided in accordance with the following formulas:
(a)
Twenty-four hundredths (0.24) of an acre for each 100 square feet, or portion thereof, of existing and proposed floor area to be devoted to the permitted conditional use. For purposes of this calculation, the gross floor area of all existing and proposed buildings shall be used but shall exclude any building which is purely accessory to a park, playground, golf course or other outdoor recreation use.
(b)
One and nine-tenths acres for each acre of land, or portion thereof, devoted to park, playground, golf course, or of the outdoor recreation use. For purposes of this calculation, the entire area devoted to such use shall be calculated and shall include any land on which accessory buildings, such as rest rooms and maintenance buildings, are located.
(c)
The open space calculations may be rounded to the nearest acre.
(d)
The open space may not include public parkland or lands otherwise deed restricted as open space, but may include lands expressly deed restricted as part of the implementation of this chapter but prior to the submission of any specific project.
(2)
The required open space shall be located in one of the following areas:
(a)
Within the area labeled as the priority conservation area as depicted on the Galloway Township Zoning Map; or
(b)
Upon a finding by the Planning Board that land in the priority conservation area is not reasonably available, lands in the secondary conservation area as depicted on the map noted in Subsection H(2)(a) may be utilized to meet the open space requirement; or
(c)
The requirements for open space in this section may also be met by lands located in the adjacent Egg Harbor City Commercial Resort Recreation Overlay Zone and as depicted on the Egg Harbor City Zoning Map. Primary conservation areas in both Egg Harbor City and Galloway Township must first be utilized, or be determined to be not reasonably available by the Planning Board of the municipality where the lands are located, before any secondary conservation area lands in Egg Harbor City may be utilized.
(3)
An easement in favor of the Township of Galloway shall be duly recorded for the open space and shall permit only low-intensive recreational uses, or if the open space is being actively farmed, agricultural uses.
(4)
The easement shall be duly recorded prior to the issuance of any final municipal site plan approval.
I.
Area, yard and bulk regulations for conditional uses.
§ 233-77 Pinelands Villages and Towns.
[Amended 12-9-1986 by Ord. No. 848]
A.
Purpose. This Pinelands Villages and Towns District recognizes existing communities in the Pinelands Area appropriate for infill residential, commercial and industrial development that is compatible with their existing character.
B.
Uses. The following uses are permitted, provided that public service infrastructure necessary to support the use is available or can be provided without any development in the Preservation Area or Forest Area Districts and the character and magnitude of the use is compatible with existing structures and uses in the village or town:
[Amended 12-22-1987 by Ord. No. 882; 6-22-1993 by Ord. No. 1127]
(1)
VR-TR District: residential single-family detached uses, churches and similar places of worship, parish houses, municipal parks, playgrounds and other municipal building uses and accessory uses.
[Amended 6-25-2013 by Ord. No. 1872]
(2)
VC-TC District: neighborhood and community commercial uses, institutional uses and accessory uses.
(3)
R3.2 District: residential single-family detached uses, churches and similar places of worship, parish houses, municipal parks, playgrounds and other municipal building uses and accessory uses.
[Amended 6-25-2013 by Ord. No. 1872]
(4)
TPO District (town planned office): planned office facilities including motels, hotels, planned commercial development in accordance with Table I[1] and institutional uses.
[1]
Editor's Note: Table I is included as an attachment to this chapter.
(5)
TI District: light industrial uses, planned commercial development, including shopping centers and malls, office facilities, motels and hotels and institutional uses, including all uses defined in this section and housing for senior citizens. Potentially hazardous uses, such as a fuel oil distribution facility, or intensive industrial activities, such as freight distribution, shall be prohibited.
(6)
TI-2 District: light industrial uses; warehousing for the storage, packing and/or distribution of items; contractor's shop, including carpenter and cabinet making shop, roofing shop, plumbing shop, furniture repair, electrical shop, and other similar building trades; office facilities; and accessory uses.
[Added 6-12-2007 by Ord. No. 1708]
C.
Density. In the Cologne Village designated on the Zoning Map as R3.2, no lot shall be smaller than 3.2 acres (see Table I[2]). The minimum lot size for residential construction in other village and town districts without sewers and water shall be one acre. Minimum lot size for residential construction in village and town districts shall be 12,000 square feet where served either by public water and public sewer or public water and a community on-site wastewater treatment system which meets the standards of § 233-83F(2)(e) or (g), provided the overall residential density on the parcel does not exceed one dwelling unit per acre. Preexisting lots or lots with or without construction thereon, which already have sewer lines installed in front of said lot, are not required to have public water. This is not to be construed as the right to extend existing sewer lines in order to avoid the necessity of having public water.
[Amended 6-14-1988 by Ord. No. 913; 11-9-1988 by Ord. No. 931; 2-14-1989 by Ord. No. 942; 6-24-2003 by Ord. No. 1536]
[2]
Editor's Note: Table I is included as an attachment to this chapter.
D.
Additional regulations: see Table I.[3]
[Amended 6-22-1993 by Ord. No. 1127]
(1)
No residential dwelling unit or nonresidential use in a Pinelands Village or Town District shall be located on a parcel of less than one acre unless served by a centralized wastewater treatment plant or, in the case of residential development, a community on-site wastewater treatment system in accordance with the standards set forth in Subsection C above. Notwithstanding this requirement, an application for residential development not served by a centralized wastewater treatment plant or a community on-site wastewater treatment system on lots between 20,000 square feet and one acre in size in the TR District may be considered without the necessity for a municipal lot size or density variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.6 1 et seq.
[Amended 6-24-2003 by Ord. No. 1536]
(2)
Any municipal variance approval which grants relief from the density or lot area requirements set forth in Table I for a residential or principal nonresidential use in a Pinelands Village or Pinelands Town District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 6-10-1997 by Ord. No. 1302]
[3]
Editor's Note: Table I is included as an attachment to this chapter.
E.
Additional regulations applicable to the TI Districts.
[Added 6-12-2007 by Ord. No. 1708]
(2)
A landscape buffer/screen shall be provided within any required rear and side yard sufficient to screen the land use from adjoining properties. Landscaping and screening shall include a combination of berms, evergreen material and fencing as appropriate.
(3)
In the TI-2 District all heavy truck traffic shall be limited to Aloe Street and County Boulevard.
(4)
All loading areas shall be screened from view of the residential zoning districts and land uses.
§ 233-78 RG Regional Growth District.
A.
Purpose. This Regional Growth District recognizes areas of existing growth or lands immediately adjacent thereto which are capable of accommodating regional growth influences while protecting the essential character and environment of the Pinelands, provided that the environmental objectives of § 233-83 hereof are implemented.
B.
The Regional Growth Area is divided into six districts as follows:
[Amended 12-9-1986 by Ord. No. 848]
(1)
Residential (R and R-1): to provide a mix of dwellings by right and, in the PURD, permitting use of development credits (PDC's).
[Amended 7-12-1988 by Ord. No. 915]
(2)
Industrial (I): to provide areas for industrial development.
(3)
Planned Industrial and Residential (PIRD): to provide for a mix of industrial and residential planned communities.
(4)
Planned Office (PO): to provide commercial office facilities and encourage a broader mix of commercial uses along Chris Gaupp Drive, provided conditions pertaining to the use have been reviewed and approved by the Planning Board.
[Amended 10-14-1997 by Ord. No. 1320]
(5)
Resort Commercial Growth (RCG): to provide resort commercial uses.
(6)
Neighborhood Commercial-1.
[Amended 6-22-2010 by Ord. No. 1817]
(a)
Professional offices; financial institutions; restaurants, excluding drive-through facilities. These uses are permitted in accordance with the following:
[1]
Minimum lot area of 35,000 square feet.
[2]
Minimum lot width of 150 feet.
[3]
Front yard setback: 40 feet.
[4]
Side yard setback: 30 feet.
[5]
Rear yard setback: 25 feet.
[6]
Maximum building coverage: 30%.
[7]
Maximum impervious coverage: 50%.
[8]
Parking shall not be located in the front yard area along Jimmie Leeds Road. All parking areas shall be screened with landscaping.
(b)
Public and quasi-public schools and institutions of learning.
(c)
Existing single-family residential uses as of the effective date of this ordinance[1] in accordance with the following:
[1]
No new residential uses are permitted in the NC-1 district.
[2]
Existing uses are permitted to rebuild in the event more than 50% of the existing structure is destroyed.
[3]
Existing residential.
[4]
Any addition or reconstruction of a single-family use shall maintain the following setbacks:
[1]
Editor's Note: "This ordinance" refers to Ord. No. 1817, adopted 6-22-2010.
C.
Uses permitted are as follows:
(1)
R and R-1 Districts.
[Amended 2-9-1988 by Ord. No. 893]
(a)
Uses permitted.
[Amended 7-12-1988 by Ord. No. 915; 6-22-1993 by Ord. No. 1127]
[1]
The following uses are permitted in the R District.
[a]
Single-family detached dwellings.
[b]
Churches and similar places of worship, parish houses, convents and cemeteries.
[c]
Public and quasi-public schools and institutions of higher learning which are not conducted as a business.
[d]
Municipal parks, playgrounds and other municipal building uses.
[e]
Golf course.
[f]
Other public buildings of a governmental or cultural nature.
[g]
Farms.
[i]
Recreational uses other than amusement parks.
[j]
Any development effort sponsored by the Township of Galloway undertaken to comply with the requirements of the Council on Affordable Housing or in accordance with the Affordable Housing Plan of the Township of Galloway shall be exempt from the provisions of this subsection.
(b)
Density shall be as follows:
[1]
Single-family: 6,000 square feet with a minimum lot width of 50 feet.
[Amended 12-22-1987 by Ord. No. 882; 7-12-1988 by Ord. No. 915]
[2]
[4] PURD: Minimum property size of three acres with a by-right density of seven dwelling units per acre and a size of three acres maximum density of 8.5 dwelling units per acre with PDC's.
[Amended 12-9-1986 by Ord. No. 848]
[4]
Editor's Note: Former 54-67C(1)(b)[2], previously included herein, which provided density standards for two-family homes, was repealed 9-8-1987 by Ord. No. 874.
[3]
Existing lots: single-family detached dwellings permitted on existing lots 50 feet in width.
[Amended 12-22-1987 by Ord. No. 882]
[4]
The following additional provisions shall apply to the R and R-1 Districts:
[Amended 7-12-1988 by Ord. No. 915; 12-27-1988 by Ord. No. 939; 5-28-1996 by Ord. No. 1245]
[a]
Any development in the R District shall be subject to impact assessment of § 233-59 and conformance to street, sewer and water facility plans of the Pinehurst Area.
[c]
Upon issuance of the 500th building permit in the R and R-1 Districts, the Planning Board shall prepare an assessment of cumulative impacts of such additional development. Any negative impacts shall be reported to the Township Council and Pinelands Commission with appropriate recommendations addressing said impacts.
[d]
Any single-family dwelling in the R and R-l Districts on a lot less than 3.2 acres shall require public water and public sewer or public water and a community on-site wastewater treatment system which meets the standards of § 232-83F(2)(e) or (g), provided the overall residential density on the parcel does not exceed one (1) dwelling unit per acre, except that any applicant for a building permit on a preexisting lot is not required to have public water if the lot is sewered or otherwise meets the.. requirements of § 233-83F(2)(e) or (g) and if such applicant additionally has met one of the following criteria as of October 7, 1988. This is not to be construed as the right to extend existing sewer lines in order to avoid the necessity of having public water:
[Amended 6-24-2003 by Ord. No. 1536]
[i] | Submission to the Pinelands Commission for a certification of filing; | |
[ii] | Installation of sewer lines to the front of the lot; | |
[iii] | Receipt of a permit from the Municipal Utilities Department for the extension of a sewer line to the lot; or | |
[iv] | Receipt of a permit from the State of New Jersey for the installation of a well. |
(c)
Design standards:
[1]
All residences constructed will be oriented so that the front of the residence faces the street from which the residence is accessed.
[3]
The maximum permitted height for a residential dwelling unit in this district shall be limited to the height contained in the chart listed below.
[Amended 5-10-2005 by Ord. No. 1605]
Maximum Building Height for Residential Dwelling Units R and R-1 Zoning Districts Only | ||||
|---|---|---|---|---|
Lot Width | 50 feet to 59 feet | 60 feet to 69 feet | 70 feet or Greater | |
Maximum building height | 25 feet | 26.5 feet | 28 feet | |
[4]
Staggered setbacks.
[Added 5-10-2005 by Ord. No. 1605; amended 11-13-2007 by Ord. No. 1735]
[a]
On any lot the required front or rear yard setback may be reduced for detached single-family homes to accomplish a staggered or alternating setback pattern for each lot on a given block without reducing building size. The front or rear yard setback may be reduced from a minimum of 40 feet to a minimum of 30 feet, in five-foot increments, provided that the minimum front or rear yard is increased by an equal amount. The combined setback for the rear and front yard shall equal 80 feet. For example, if a thirty-foot front yard setback is proposed, a fifty-foot rear yard setback is required; if a thirty-foot rear yard setback is proposed, a fifty-foot front yard setback is required.
[b]
All major subdivisions shall provide a staggered setback pattern. The developer shall establish the first building at the minimum front yard setback of 40 feet, and shall offset neighboring front and rear yards by not less than five-foot increments to a maximum of three such increments, so that the development pattern for front setbacks shall be 40 feet, 35 feet, 30 feet or other similar variations. All developments with a staggered setback pattern shall provide a plan pursuant to Subsection C(1)(c)[4][d] below for approval by the Planning Board.
[c]
When a single property owner elects to construct a building closer to the front or rear property line than the minimum required 40 feet, the property owner must demonstrate that the surrounding properties on either side of the property are set back a minimum of five feet more than the proposed setback. For example, if the property to one side is set back 40 feet and the property on the other side is set back 35 feet, the center lot may have a thirty-foot setback. However, if the lots on either side of the property are set back at 30 feet, the center lot must be offset a minimum of five feet for a set back of 35 feet.
[d]
If a residential development proposes to stagger setbacks, a plan shall be submitted to the Planning Board demonstrating conformance to this section. This plan shall be made part of the official signed set of subdivision plans to be used by the Zoning Officer to ensure that the staggered setbacks are maintained at the time of submitting for building permits.
[e]
When staggering setbacks, a two-car-wide driveway must be provided when the front yard setback is reduced below 40 feet.
[5]
Decks shall be permitted in the rear and side yards of lots containing a dwelling unit. The minimum required setback for the side yard shall be the same setback as required for principal structures: 10 feet on one side and 12 feet on the other side. The minimum required setback for the rear yard shall be 25 feet. The impervious surface coverage created by the deck shall be calculated as part of the impervious surface coverage for principal structures and be included in the total impervious surface coverage for the site.
[Added 5-10-2005 by Ord. No. 1605]
(2)
I District.
[Amended 7-22-2003 by Ord. No. 1540; 10-28-2003 by Ord. No. 1548]
(a)
Light industrial uses, planned commercial development, including shopping centers and malls, office facilities, motels and hotels, institutional uses and accessory uses.
(b)
Age-restricted housing as a conditional use in accordance with the following standards:
[1]
Occupancy and housing standards.
[a]
For the purpose of this section, an “adult household” shall be deemed to meet a single individual, married couple or persons living together who are 55 years or older as specified by federal law at the time of occupancy.
[b]
Persons under the age of 55 may reside in a dwelling unit with an adult person(s) if the presence of such person is essential to the physical care, economic support or is a relative of the adult person(s) head of household, except that no such person(s) shall be less than 18 years of age.
[c]
Dwelling units shall be arranged as single-family detached, single-family attached and multifamily units that include townhouses, and garden apartments with complete living accommodations, including cooking facilities.
[2]
Conditional use requirements. Age-restricted housing shall be permitted as a conditional use in the I Zone subject to the following conditions:
[a]
Minimum parcel size shall be 100 acres. The parcel may be comprised of noncontiguous land when developed as a functional linked community. Noncontiguous land shall not be less than 25 acres.
[b]
Minimum lot frontage for the tract shall be 250 feet.
[c]
Minimum open space shall be 30% within a planned community development.
[d]
Minimum lot area shall be 5,000 square feet for single-family detached units and 3,500 square feet for single-family attached and multifamily units.
[e]
Maximum impervious coverage for the entire tract shall be 60%.
[3]
Area, yard and bulk requirements for single-family detached units.
[a]
Minimum lot area shall be 5,000 square feet.
[b]
Minimum lot width shall be 50 feet at the building.
[c]
Minimum lot depth shall be 100 feet.
[d]
Minimum front yard shall be 25 feet. Units shall have randomly staggered front yards, minimum stagger of five feet, in order to present a varied streetscape.
[e]
Minimum side yard shall be eight feet for one side and 16 feet total.
[f]
Minimum rear yard shall be 10 feet.
[g]
Maximum building coverage shall be 50%.
[h]
Maximum lot coverage shall be 75%.
[i]
Maximum building height shall be 35 feet.
[4]
Area, yard and bulk requirements for single-family attached units and multifamily units.
[a]
Minimum lot area shall be 3,500 square feet.
[b]
Minimum lot width shall be 35 feet.
[c]
Minimum lot depth shall be 100 feet.
[d]
Minimum front yard shall be 25 feet.
[e]
Minimum side yard shall be five feet for one side.
[f]
Minimum rear yard shall be 10 feet.
[h]
Maximum building coverage shall be 50%.
[i]
Maximum lot coverage shall be 75%.
[j]
Maximum building height shall be 35 feet.
[5]
Design standards for single-family attached units and multifamily units.
[a]
The minimum distance between single-family attached unit and multifamily unit buildings shall be as follows:
One-story (feet) | Two-story (feet) | |||
|---|---|---|---|---|
Windowless wall to windowless wall | 15 | 20 | ||
Window wall to windowless wall | 20 | 25 | ||
Window wall to window wall | ||||
Front to front: | 50 | 75 | ||
Rear to rear: | 40 | 50 | ||
Side to rear: | 25 | 30 | ||
Front to rear: | 15 | 20 | ||
[b]
Building face to common parking area distance shall be 15 feet.
[c]
The Planning Board may reduce the above distances by not more than 20% if there is an angle of 20° or more between the buildings and if extensive landscaping and buffers, which provide necessary screening and shielding, are placed between the buildings.
[6]
Density. Maximum gross density shall not exceed 2.5 dwelling units per acre and shall be calculated in accordance with the table below. Gross density excludes wetlands.
Gross Density | Dwelling Units per Acre | |
|---|---|---|
Base density | 0.50 | |
Maximum density using PDCs | 1.25 | |
Maximum density, using PDCs and age-restricted housing bonus | 2.50 |
NOTE: Bonus density for age-restricted housing may only be utilized after PDCs have been utilized to achieve the maximum density permitted with PDCs. |
[7]
Recreation requirements. Recreation facilities such as swimming pools, tennis courts, jogging paths, lawn areas, etc., shall be provided to meet the needs of the residents and create a functional linked community. A clubhouse shall be constructed with a minimum square footage of 15 square feet per home in the development with a minimum size of 3,000 square feet.
[8]
Perimeter buffer.
[a]
Minimum one-hundred-fifteen-foot setback for principal buildings.
[b]
Minimum one-hundred-foot buffer area, deed-restricted to preclude disturbance.
[c]
No parking shall be permitted in the one-hundred-foot buffer area.
[d]
Signs, active and passive recreation areas and major access drives are permitted within the one-hundred-foot buffer area.
[e]
Perimeter buffer requirements may be waived by the Board in cases where the parcel abuts a golf course.
[9]
Internal buffer. A minimum twenty-foot landscaped strip at the property line or between developed areas consisting of natural vegetation, supplemental plant material, berms and fences and which may include pathways and active/passive recreation areas.
[10]
Additional requirements.
[a]
No accessory buildings shall be permitted on the single-family lots. All patios and decks must adhere to the five-foot and total required side yard setback and ten-foot rear yard setback.
[b]
All units with garages shall be deed-restricted against conversion of the garage for any other use.
[c]
Fencing within the development shall be deed-restricted so as to be consistent in size, materials and color.
[d]
All projects must be serviced by public water and sewer facilities.
(3)
PIRD:
(a)
Single-family detached dwellings: by right at a density of one dwelling unit per 3.2 acres, with PDC's at a density of one dwelling unit per acre.
[Amended 12-22-1987 by Ord. No. 882]
(b)
Planned industrial residential development, including industrial, residential, office and hotel/motel complexes in accordance with the following standards:
[1]
Maximum gross density shall not exceed 1.5 dwellings per acre by right and eight dwellings per acre with PDC's.
[Amended 12-9-1986 by Ord. No. 848]
[2]
Minimum tract area shall be 150 acres.
[3]
Initial phase must include at least one new industrial use, and the minimum industrial area shall be 30% of the total area of the initial phase. Sewer trunk lines, arterial road access and water and sewer capacity must be provided in the initial phase. At least 30% of any subsequent phase must be devoted to industrial uses.
[4]
Maximum site coverage shall be in accordance with § 233-21B(2) for the residential uses and shall be in accordance with § 233-21B(3) for the industrial and commercial uses.
[5]
Minimum open space shall be 30% for all uses.
[6]
Dwelling unit mix of § 233-21B(3) shall not apply to PIRD.
(4)
PO District:
(a)
Planned office facilities, including motels, hotels, planned commercial development in accordance with Table I[7] and institutional uses.
[7]
Editor's Note: Table I is included at the end of this chapter.
(b)
Additional uses. The following additional uses shall be permitted upon finding that conditions listed below are complied with:
[1]
General sales and related service uses.
[2]
Personal service and custom craft uses.
[3]
Food product uses.
[4]
Food and beverage service uses.
[5]
Plants, animals and related uses.
[6]
Financial uses.
[7]
Office and professional uses.
[8]
Business service uses.
[9]
Medical and related uses.
[10]
Transportation and related uses.
[11]
Educational uses.
[12]
Cultural, recreational and entertainment uses.
[13]
Funeral homes.
(c)
Conditions pertaining to uses specified above:
[1]
The use must have driveway access entering from Chris Gaupp Drive.
[2]
A traffic impact assessment shall be prepared evaluating the proposed development, and any approval shall be conditioned upon the provision for improvements that are necessitated by the development. Traffic improvements may include but shall not be limited to street construction, road widening, traffic signals, signage, turning lanes and similar features.
[3]
All uses shall maintain an appropriate commercial design appearance compatible with surrounding development.
[Amended 10-14-1997 by Ord. No. 1320]
(5)
RCG Resort Commercial Growth District: motels, hotels, restaurants and accessory uses. For other regulations, see Table I.[8]
[Added 12-9-1986 by Ord. No. 848]
[8]
Editor's Note: Table I is included at the end of this chapter.
(6)
C Commercial District: neighborhood and community commercial uses, institutional uses and accessory uses.
[Added 12-9-1986 by Ord. No. 848]
D.
Additional regulations.
[Amended 11-9-1988 by Ord. No. 931; 6-22-1993 by Ord. No. 1127; 6-24-2003 by Ord. No. 1536]
(1)
Lot area. No residential dwelling shall be located on a lot of less than 3.2 acres if served by a conventional on-site septic wastewater system. No residential dwelling unit or nonresidential use in a Regional Growth District shall be located on a parcel. of less than one acre unless served by either a centralized wastewater treatment plant or, in the case of residential development, a community on-site wastewater treatment system serving two or more residential dwelling units which meets the standards of § 233 -83F(2)(e) or (g), provided that the overall residential density on the parcel does not exceed one dwelling unit per acre. Notwithstanding this requirement, an application for residential development not served by a centralized wastewater treatment plant or a community on-site wastewater treatment system on lots between 20,000 square feet and one acre in size in the R and R-l Districts may be considered without the necessity. for a municipal lot size or density. variance, provided a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.6l et seq.
E.
Pinelands development credits. Specific implementation measures are described in § 233-84 of this chapter.
[Amended 11-9-1988 by Ord. No. 931; 4-23-1991 by Ord. No. 980; 6-22-1993 by Ord. No. 1040]
(1)
Any municipal variance approval which grants relief from the density or lot area requirements set forth above and in Table I[9] for the PIRD or R Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted within the variance.
[9]
Editor's Note: Table I is included at the end of this chapter.
(2)
Any municipal variance or other approval for the development of a residential use in the PO, I, NC-1 or GI Districts or in that portion of the HC-1 or HC-2 Districts located in the Regional Growth Area shall require that Pinelands development credits be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
[Amended 12-11-2001 by Ord. No. 1491; 6-22-2010 by Ord. No. 1817]
(3)
Any municipal variance or other approval for the development of a nonresidential use not otherwise permitted in the PIRD or R Districts shall require that Pinelands development credits be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 12-11-2001 by Ord. No. 1491]
§ 233-79 GI Government Institution District.
[Added 12-12-1989 by Ord. No. 980; amended by 6-22-1993 by Ord. No. 1127; 4-24-2001 by Ord. No. 1452; 8-28-2007 by Ord. No. 1728; 6-22-2010 by Ord. No. 1817]
A.
Purpose. The purpose of the Government Institution District is to provide for the continued development of The Richard Stockton College of New Jersey and the Mainland Division of the Atlantic City Medical Center.
B.
Permitted uses.
(1)
Instructional buildings, parking lots and garages and related uses at The Richard Stockton College of New Jersey.
(2)
Noninstructional student buildings, support facilities, including athletic fields, parking lots and garages at The Richard Stockton College of New Jersey.
(3)
Hospital uses by Atlantic City Medical Center.
(4)
Rehabilitative uses associated with the Betty Bacharach Rehabilitation Center.
(5)
Health care and related facilities associated with the Atlantic City Medical Center and Betty Bacharach Rehabilitation Center, including psychiatric facilities within and related to the Medical Center.
(6)
Residential units for students (undergraduate and graduate) of The Richard Stockton College of New Jersey.
(7)
Residential units for faculty and staff of The Richard Stockton College of New Jersey are permitted as part of the Health Science Campus located to the north and east of the Atlantic City Medical Center, further depicted on the Proposed Overall Campus Master Plan and included in the 2010 Township Master Plan Reexamination Report.
(8)
Limited retail uses designed to serve the Health Science Campus and located within the area depicted as the Health Science Campus on the Proposed Overall Campus Master Plan and included in the 2010 Township Master Plan Reexamination Report.
(9)
Hotel/conference center as part of the instructional program of The Richard Stockton College of New Jersey.
D.
Bulk requirements.
(1)
Building coverage shall not exceed 30%.
(2)
Total impervious cover shall not exceed 60%.
(3)
As part of any application, the Planning Board may require installation of pedestrian or bicycle paths on the property that is subject of the application. Any such paths will be developed in accordance with the standards in § 233-50.
(4)
All development located along Pomona Road (County Route 575) should maintain a fifty-foot setback to the maximum extent possible. No parking or circulation will be permitted within the required setback. All natural vegetation in the setback area must be maintained to provide an adequate buffer.
(5)
All development should maintain a fifty-foot setback, to the maximum extent possible, from Jimmie Leeds Road. In areas where the setback is reduced, the development plan should give consideration to the appropriate landscaping and screening of parking areas and buildings.
(6)
All residential or commercial development proposed as part of the Health Science Campus shall include a detailed traffic impact analysis and fiscal impact analysis.
(7)
Residential units for students (undergraduate or graduate), faculty or staff as permitted on The Richard Stockton College of New Jersey (§ 233-79B(6) and (7) above) shall not be subject to the Pinelands development credit requirements of § 233-78E or 233-84 of this chapter.
§ 233-80 HC-1 and HC-2 Highway Commercial Districts.
A.
Purpose.
[Amended 4-24-2001 by Ord. No. 1452]
(1)
The Highway Commercial Districts are established to encourage commercial development along US Route 30 (the White Horse Pike) and Pomona Road south of the White Horse Pike from Genoa Avenue to the boundary of the FAATC (federal lands). The proposed commercial development is intended to serve the needs of the Township residents, residents of the region and traveling motorists. The areas along Pomona Road south of the White Horse Pike are included as part of the HC-1 Zoning District due to the changes in the character of this major transportation corridor (Route 575). Residential development along Pomona Road is no longer appropriate given the increasing volume of vehicular traffic on Pomona Road, proposed changes to the roadway configuration by Atlantic County and the potential development of a commuter rail station near this location for the existing New Jersey Transit Rail Line.
(2)
The Highway Commercial Districts are found in Pinelands villages and towns and the Regional Growth Areas where commercial development is appropriate along major highways. The HC-1 Zoning District will accommodate commercial development in traditionally compact settlements where it is desirable to encourage development that is compatible with the existing character of the area. In both Highway Commercial Districts the development of larger parcels by assembling and consolidating smaller lots and replacing older obsolete buildings with new commercial development is encouraged. Development of all Highway Commercial District sites must be carefully planned for compatibility with surrounding land uses, compliance with adopted development regulations and standards, and adequate and safe highway access. As part of the safe highway access, all properties located along Pomona Road are required to have frontage on Pomona Road.
B.
Permitted uses. Within the HC-1 and HC-2 Districts, land may be used and buildings or structures may be used, altered or erected for the following uses:
(1)
Uses permitted in HC-1 District include:
(a)
Restaurants including eating and drinking establishments.
(b)
Motels.
(c)
Shopping centers or enclosed malls.
(d)
Professional offices.
(e)
Business offices.
(f)
Personal services such as barbershops, beauty parlor, dry-cleaners, laundries and tailor shops.
(g)
Bank and fiduciary institutions.
(h)
Commercial recreation, including outdoor parks.
(i)
Funeral homes.
(j)
Retail stores, including appliance and repair stores, variety stores, drugstores, florist and gift shops, hardware stores, liquor stores, must supply, retail paint, pet stores, photographic supply and service, stationery and office supplies, shoe sales and repairs, sporting goods.
(k)
Bakeries and confectionery stores.
(l)
Frozen dessert stores.
(m)
Department stores and dry goods stores.
(n)
Furniture stores.
(o)
Garden supply stores.
(p)
Grocery and food stores.
(q)
Hardware stores.
(r)
Existing single-family detached dwellings shall be a permitted use on lots of record at the time of adoption of this chapter amendment and shall be subject to the regulations of the zoning district in which located at the time of adoption of this amendment.
(s)
Hotels.
[Added 6-22-2004 by Ord. No. 1571]
(3)
Conditional uses permitted in the HC-1 and HC-2 Districts:
[Added 4-24-2001 by Ord. No. 1452; amended 6-12-2007 by Ord. No. 1703]
(a)
Transportation and related commercial uses, including gasoline filling stations and automobile service stations.
(b)
Self-service storage facilities subject to the following conditions:
[1]
Off-street parking shall be provided at the office at the rate of two spaces per 100 storage units in addition to any required parking for the office as per the requirements of this chapter.
[2]
One ten-foot-wide parking/loading lane shall be provided adjacent to each bay of storage buildings, exclusive of required aisle widths.
[3]
The minimum aisle width, exclusive of parking/travel lanes, shall be 15 feet for one-way traffic flow and 24 feet for two-way traffic flow.
[4]
Self-service storage facilities shall not exceed three stories in height.
[5]
Self-service storage facilities shall be designed so that the exterior of the development is composed of solid masonry walls, a decorative fence, or other similar treatment so as to reduce the industrial appearance from any street frontage. Chain-link fences are specifically prohibited in any front yard.
[6]
Each facility shall be sufficiently landscaped to lessen the impact of the severe exterior wall or fence.
[7]
The facility shall agree to include in each storage unit lease a prohibition on the storage of toxic, explosive, hazardous, or illegal materials.
(c)
Limited warehousing for contractors subject to the following conditions:
[1]
In combination with the warehousing, an office and/or retail facility related to the storage shall be provided on the same site.
[2]
All loading areas shall be located in a rear yard and screened from view with a combination of fencing and landscaping as appropriate.
[3]
Any truck or vehicle storage shall be located in a rear or side yard and shall be screened from view with a combination of fencing and landscaping as appropriate.
[4]
All warehousing facilities shall be designed so that they do not portray a typical industrial building elevation along the Route 30 corridor; i.e., pre-fab metal buildings or pole barns and other similar industrial-style buildings.
[5]
Any applicant for limited warehousing shall submit architectural elevations demonstrating conformance with the above.
(d)
Development on undersized lots shall be permitted subject to the following conditions:
[Added 8-28-2007 by Ord. No. 1725]
[1]
No lot shall be less than 20,000 square feet.
[2]
The lot shall be an existing lot of record and shall not have been created by a subdivision subsequent to the adoption of this amendment.
[3]
An applicant shall demonstrate that no additional land is available to conform to the minimum lot size restrictions for the HC District in which the lot is located.
[4]
The permitted uses on the undersized lots shall be restricted to offices when the lot is adjacent to existing residential development which is not located in a commercial zoning designation.
[5]
Development shall be required to conform to the setback, parking, buffering and landscaping requirements of this chapter.
[6]
The applicant shall include a plan identifying the location of nearby driveway access points to the White Horse Pike to ensure that no conflicts are created and safe access is provided to the property.
[7]
Where practical, internal circulation between properties should be encouraged.
(4)
Age-restricted housing shall be permitted as a conditional use overlay in the HC-2 Commercial District bounded as follows: Beginning at point at the intersection of the center lines of U.S. Route 30 (83 feet wide) and Pomona Road (46.5 feet wide) and continuing thence; southwesterly, in and along the center line of Pomona Road to the intersection of the center lines of Pomona Road and Atlantic Avenue (70 feet wide); thence northwesterly, in and along the center line of Atlantic Avenue to the intersection of the center lines of Atlantic Avenue and Genoa Avenue (50 feet wide); thence northwesterly, in and along the center line of Atlantic Avenue to the intersection of the center lines of Atlantic Avenue and the extended division line of the VC Zoning District and HC-2 Zoning District, as depicted on the Galloway Township Zoning Map (prepared by Alexander M. Churchill Associates, dated 6/3/93 and revised through 12-13-01); thence northeasterly, in and along the said division line to the intersection of said division line and the center line of the U.S. Route 30; thence southeasterly, in and along the center line of the White Horse Pike to the point and place of beginning.
[Added 10-25-2005 by Ord. No. 1628]
(a)
Age-restricted housing shall be permitted as a conditional use in accordance with the following standards. All residential units developed under this overlay shall be subject to appropriate deed restrictions, which shall run with the land, in order to insure the continued age-restricted nature of the development.
[1]
Occupancy and housing standards.
[a]
For the purpose of this section, an age-restricted dwelling shall be deemed to mean a dwelling in which resides a single individual, married couple or persons living together who are 55 years or older as specified by federal law at the time of occupancy ("qualifying resident").
[b]
Persons under the age of 55 may reside in an age-restricted dwelling if the presence of such person is essential to the physical care or economic support of a qualifying resident or is a relative of the qualifying resident, except that no such person(s) shall be less than 18 years of age.
[c]
Age-restricted dwellings shall be arranged as single-family detached or single-family attached (side-by-side duplex), (side-by-side) triplex or (side-by-side) fourplex (townhouse) structures, with complete living accommodations including cooking facilities. The maximum number of dwelling units in a townhouse structure shall not exceed four.
[2]
Conditional use requirements. Age-restricted housing shall be permitted as a conditional use in the HC-2 Zone subject to the following conditions:
[a]
Minimum parcel size shall be 15 acres. The parcel may be comprised of noncontiguous land when developed as a functionally-linked, fully-integrated mixed-use community. Noncontiguous land shall not be less than five acres.
[b]
Minimum lot frontage for the parcel shall be 200 feet.
[c]
Minimum open space shall be 20% within each parcel within the overlay zone. Wetlands and wetlands buffers shall be included in open space calculations.
[d]
While the ratio of commercial space to residential space within each parcel of the overlay zone shall be determined by market conditions, developers are encouraged to construct the maximum amount of commercial space practicable. However, in no case shall the minimum amount of commercial space in a development constructed under this overlay be less than 40% of the upland area of the parcel, excluding wetlands buffer areas. Commercial space shall include all areas devoted to parking, drive aisles, and stormwater management facilities.
[e]
Maximum impervious coverage for the entire parcel shall be 70%. Wetlands and wetland buffer areas shall be included in coverage calculations.
[f]
The number of dwelling units within a single building constructed in accordance with this overlay shall be not less than one and not more than four.
[3]
Area, yard and bulk requirements.
[a]
Table of requirements:
Single- Family Detached | Single-Family Attached (townhouse) | Duplex | Triplex | Fourplex | |
|---|---|---|---|---|---|
Minimum lot area | 4,000 square feet | 2,900 square feet | 4,000 square feet | 6,000 square feet | 8,000 square feet |
Minimum lot width | 40 feet | 29 feet | 48 feet | 60 feet | 80 feet |
Minimum lot depth | 100 feet | 100 feet | 100 feet | 100 feet | 100 feet |
Minimum front yard setback | 20 feet | 20 feet | 20 feet | 20 feet | 20 feet |
Minimum side yard setback | 15 feet | 0 feet interior 10 feet end units | 10 feet | 14 feet | 15 feet |
Minimum rear yard setback | 15 feet | 15 feet | 15 feet | 20 feet | 20 feet |
Maximum lot coverage | 60% | 75% | 75% | 60% | 60% |
Maximum building height | 35 feet | 35 feet | 35 feet | 35 feet | 35 feet |
[b]
The minimum distance between buildings shall be as follows:
Single- Family Detached | Single-Family Attached (townhouse) | Duplex | Triplex | Fourplex | |
|---|---|---|---|---|---|
Side to side (feet) | 30 | 0 interior 20 end units | 20 | 28 | 30 |
Front to front (feet) | 20 | 40 | 40 | 40 | 40 |
Rear to rear (feet) | 30 | 30 | 30 | 40 | 40 |
Side to rear (feet) | 30 | 25 | 25 | 34 | 35 |
Front to rear (feet) | 35 | 35 | 35 | 40 | 40 |
[4]
Density: Maximum gross density shall not exceed 9.5 dwelling units per acre. Density shall be calculated to include wetlands areas and exclude commercial lot(s) area(s) within each parcel of the overlay zone. Pinelands development credits shall be purchased for 30% of the total number of approved residential units.
[5]
Recreation requirements:
[a]
Recreation facilities shall be provided to meet the needs of the residents and create a functionally-linked community. Examples of encouraged recreation facilities include, but need not be limited to, jogging/walking paths, swimming pools, tennis courts and other age-appropriate facilities.
[b]
A clubhouse shall be constructed with a minimum square footage of 15 square feet per home in the development with a minimum size of 3,000 square feet. Construction of the clubhouse shall be in the first phase of development such that issuance of a certificate of occupancy for the clubhouse coincides with the issuance of the certificates of occupancy for the dwellings in said first phase of development.
[c]
The Planning Board may grant a waiver from the on-site recreation requirements, provided the application makes a contribution to the municipal recreation program,
[6]
External buffers. A minimum forty-foot landscaped strip shall be constructed between principal buildings and the White Horse Pike. Said buffer shall consist of a combination of natural vegetation, supplemental plant material, berms and/or fences.
[7]
Internal buffer. A minimum twenty-five-foot landscaped strip shall be constructed between residential and commercial uses. Said buffer shall consist of a combination of natural vegetation, supplemental plant material, berms and/or fences and may include pathways and active/passive recreation areas.
[8]
Additional requirements.
[a]
No accessory buildings shall be permitted on the fourplex or townhouse lots. Ground level patios and first floor decks must adhere to a five-foot rear yard setback.
[b]
All units with garages shall be deed-restricted against conversion of the garage for any commercial use or any additional living quarters.
[c]
All projects must be serviced by public water and sewer facilities.
[9]
Design standards. Designers of projects developed under the overlay shall recognize the maritime (boat-building) and historic heritage of this section of the Township. All project design elements, including but not limited to form, materials, color and detailing for building facades, windows, awnings, fencing, lighting and signage, shall conform with this design vocabulary. Within this context:
[a]
Exterior building architecture and site elements, whether in a single structure or group of structures, shall coordinate form, materials, color and detailing to achieve design harmony and continuity for all building elevations. The level of finish for secondary (sides and rear) facades need not be as detailed as the front (primary) elevation, unless such facade faces Route 30 or Pomona Road.
[b]
Building materials may be natural, vinyl or other manufactured product, provided that the finish texture of a manufactured product is made to look natural. Materials may be left natural or may be stained or painted at the discretion of the developer.
[c]
Foundation walls shall be treated with brickwork or organic or manufactured stone or stucco to a height of two feet from finished grade. Above said two feet, foundations shall be finished with the same materials and in the same architectural fashion as the balance of the subject elevation.
[d]
Exposed chimneys shall be clad with brick, organic or manufactured stone, stucco or other appropriate material.
[e]
The use of exterior insulation finish systems (EIFS), smooth-faced concrete block (CMU), stucco or stucco-like products (Dryvit or similar) may only be used in concert with the design theme articulated herein. Barnboard (T-111) and prefabricated steel panels are prohibited.
[f]
To avoid monolithic building facades and "strip-center" design, and consistent with the design goals of this section, commercial buildings shall be developed under a clustered or Village concept. Continuous, uninterrupted horizontal runs of buildings may be permitted, provided they are designed in concert with the design theme articulated herein.
[g]
Mechanical and other equipment may be erected outside of the principal building but shall be suitably screened from view from parking areas, public rights-of-way and adjacent residential uses. Such equipment must be situated within the property line of the principal use.
[h]
All areas not utilized for buildings, parking, loading, access aisles, driveways or pedestrian walkways shall be suitably landscaped with a combination of grass (seed or sod), other ground cover, shrubs, flowering plants and a combination of coniferous and deciduous plants and trees. Plant materials shall be maintained in good condition throughout the year.
[10]
The commercial component of any project developed under this overlay shall be constructed at a ratio of not less than 40% of the total approved commercial square footage to 60% of the total number of approved residential units. For example, if the project is approved for 100,000 square feet of commercial space and 200 residential units, then if the developer elects to develop 120 residential units, the developer must commence 40,000 square feet of commercial space no later than he commences construction of the 120 residential units. Nothing herein shall be construed as to prohibit the developer from constructing more than the required 40% of commercial space prior to constructing the minimum number of residential units required by this section.
C.
Area, yard and bulk regulations.
[Amended 6-12-2007 by Ord. No. 1703]
(1)
The minimum lot area shall be 35,000 square feet in the HC-1 District and one acre in the HC-2 District.
(2)
The minimum lot width shall be 120 feet in the HC-1 District and 200 feet in the HC-2 District.
(3)
The minimum front yard setback shall be 50 feet in the Highway Commercial Districts.
(4)
The minimum side yard setback shall be 25 feet in the Highway Commercial Districts.
(5)
The minimum rear yard setback shall be 50 feet where a property abuts a residential use or zoning district. The rear yard setback shall be 25 feet where a property abuts a nonresidential zoning district or the railroad tracks.
(6)
The maximum building coverage shall not exceed 40% in the Highway Commercial Districts.
(7)
The maximum impervious coverage shall not exceed 70% in the Highway Commercial Districts.
(8)
The maximum building height shall not exceed 35 feet in the Highway Commercial Districts.
D.
Landscaping and buffer requirements.
[Amended 6-12-2007 by Ord. No. 1703]
(1)
A minimum buffer of 50 feet shall be required along all lot lines separating the Highway Commercial District uses from a residential zoning district. The purpose of the buffer strip shall be to visually separate and screen the nonresidential use from a residential district and to minimize the impact of noise, lights, dust and movement of people and vehicles. No buildings or structures shall be located in the buffer strip.
(2)
A minimum landscape strip of 25 feet shall be provided along Route 30. The purpose of the landscape strip is to shield any headlight glare and to improve the streetscape along Route 30. Landscaping materials shall not be located in a linear fashion and shall include street trees in combination with low-growing shrubs in order to preserve visibility of the nonresidential development along Route 30. No parking shall be permitted in the landscape strip.
§ 233-80.1 Cluster development.
[Added 6-12-2012 by Ord. No. 1851]
The development of single-family detached dwelling units shall be clustered in the Rural and Forest Districts whenever two or more units are proposed as part of a residential development. Cluster development shall conform to the following standards:
B.
The number of residential lots permitted within the cluster shall be calculated on the basis of the size of the parcel of land and the density permitted in § 233-80.1A above, with a bonus applied as follows:
Parcel Size | District | ||||
|---|---|---|---|---|---|
R5 Zone | FA-5 Zone | FA-20 Zone | FA-WET Zone | ||
Less than 50 acres | 0 | 0 | 0 | 0 | |
50 to 99.99 acres | 15% | 15% | 20% | 25% | |
100 to 149.99 acres | 20% | 20% | 25% | 30% | |
150 acres or more | 25% | 25% | 30% | 40% | |
C.
The residential cluster shall be located on the parcel such that the development area:
D.
Development within the residential cluster shall be designed as follows:
(1)
Residential lots shall be one acre in size but may be larger if dictated by unusual site conditions. In no case shall the average size of residential lots within a cluster exceed 1.1 acres;
(2)
Minimum lot width and yard requirements shall be as follows:
(a)
Lot width: 150 feet;
(b)
Lot depth: 200 feet;
(c)
Side yard: 30 feet;
(d)
Front yard: 100 feet. The front yard setback may be reduced to 75 feet where new streets are constructed as part of a residential subdivision; and
(e)
Rear yard: 50 feet.
(f)
Maximum building coverage: 25%.
[Added 7-14-2015 by Ord. No. 1913-2015]
(g)
Maximum accessory building coverage: 5%.
[Added 7-14-2015 by Ord. No. 1913-2015]
(h)
Maximum site coverage: 40%.
[Added 7-14-2015 by Ord. No. 1913-2015]
(3)
Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste that comply with the standards of § 233-83F(2)(d) may serve the lots within the cluster development area. However, in the event that existing agricultural uses will continue on the parcel in accordance with Subsection E(2)(b) below, individual on-site septic wastewater treatment systems shall comply with the standards of § 233-83F(2)(e) or (g). Community on-site wastewater treatment systems serving two or more residential dwelling units which meet the standards of § 233-83F(2)(b) or (e) shall also be permitted;
(4)
The residential cluster development area shall include such land and facilities as are necessary to support the development, including wastewater facilities, stormwater management facilities and recreation amenities; and
(5)
The residential cluster development shall conform to the provisions of § 233-43 of this chapter relative to recreation improvements and impacts. Recreation improvements, when provided, shall be accessory to the residential cluster development. No advertising or commercial enterprise shall be permitted. In no case may such amenities occupy more than 1/2 acre of land or the equivalent of one acre of land for every 25 residential lots, whichever is greater.
E.
The balance of the parcel located outside of the residential cluster development shall be owned and managed by a duly constituted homeowners' association or incorporated as part of one of the lots within the cluster development area.
(1)
All such land shall be permanently protected through recordation of a deed of conservation restriction. Such restriction shall be in favor of Galloway Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission; and
(2)
The deed of restriction shall permit the parcel to be managed for:
(a)
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Chapter 233;
(b)
Where agricultural use exists on a parcel proposed for cluster development, the following standards shall apply:
[1]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[2]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for cluster development;
[3]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection E(2)(b)[1] or [2] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection E(2)(a) above and shall not provide for continuation of any agricultural use on the parcel;
[4]
The deed of restriction to be recorded pursuant to Subsection E(2)(b)[1] or [2] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided; and
[5]
For parcels which meet the standards of Subsection E(2)(b)[1] or [2] above, a provision shall be recorded in the deed for each residential lot within the cluster development area which acknowledges agricultural use of the protected land outside the cluster development area and recognizes the legal protections afforded to that use through the deed of restriction and any applicable statutes.
§ 233-81 Substandard lots.
[Amended 12-9-1986 by Ord. No. 848; 11-9-1988 by Ord. No. 931; 6-22-1993 by Ord. No. 1127; 2-22-1994 by Ord. No. 1157; 6-10-1997 by Ord. No. 1302]
Notwithstanding the density limitations or other provisions of this chapter, the owner of a parcel of land of an acre or more in the FA-5, FA-WET, FA-20 and R-5 Zones shall be entitled to develop one detached single-family dwelling on the parcel without obtaining a variance from the lot size provisions of this chapter, provided that:
A.
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
B.
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
C.
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements; and
D.
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
§ 233-82 Expansion of existing uses.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
Notwithstanding the use restrictions contained in §§ 233-71 through 233-81, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in § 233-83, may be expanded or altered, provided that:
A.
The use was not abandoned or terminated subsequent to January 14, 1981;
B.
The expansion or alteration of the use is in accordance with all of the minimum standards of § 233-83; and
C.
The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
§ 233-83 Development regulations.
A.
Wetlands.
(1)
Uses. No development in the Pinelands Area shall be permitted in a wetland or wetland transition areas except for the following uses:
[Amended 11-9-1988 by Ord. No. 931; 6-22-1993 by Ord. No. 1127]
(c)
Beekeeping.
(e)
Fish and wildlife activities and wetlands management in accordance with N.J.A.C. 7:50-6.10.
[Amended 6-12-2012 by Ord. No. 1851]
(f)
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating and swimming and other low-intensity recreational uses, provided that any development associated with those other uses does not result in a significant adverse impact on the wetland as set forth in Subsection A(2) below.
(g)
Private docks, piers, moorings and boat launches for the use of a landowner, provided that there is no significant adverse impact on the wetland as set forth in Subsection A(2) hereof.
(h)
Commercial or public docks, piers, moorings and boat launches, provided that:
(i)
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities, provided that:
[1]
There is no feasible alternative route for the facility that does not involve development in a wetland, or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
[2]
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
[3]
The use represents a need which overrides the importance of protecting the wetland;
[4]
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
[5]
The resources of the Pinelands will not be substantially impaired as a result of the facility and its development as determined exclusively based on the existence of special and unusual circumstances.
(2)
Performance standards.
(b)
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including but not limited to threatened or endangered species of plants or animals:
[Amended 11-9-1988 by Ord. No. 932]
[1]
An increase in surface water runoff discharging into a wetland.
[2]
A change in the normal seasonal flow patterns in the wetland.
[3]
An alteration of the water table in the wetland.
[4]
An increase in erosion resulting in increased sedimentation in the wetland.
[5]
A change in the natural chemistry of the ground- or surface water in the wetland.
[6]
A loss of wetland habitat.
[7]
A reduction in wetland habitat diversity.
[8]
A change in wetlands species composition.
[9]
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
B.
Vegetation and landscaping.
(1)
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
(2)
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(3)
All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection B(4) below.
(4)
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection B(3) above shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;
(c)
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
(d)
Shrubs and trees authorized by N.J.A.C. 7:50-6.25 shall be used for revegetation or landscaping purposes. Other shrubs and trees may be used in the following circumstances:
[1]
When the parcel to be developed or its environs contain a predominance of shrubs and tree species not authorized by N.J.A.C. 7:50-6.25;
[2]
For limited ornamental purposes around buildings and other structures; or
[3]
When limited use of other shrubs or tree species is required for proper screening or buffering.
(5)
Development prohibited in the vicinity of threatened or endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
C.
Fish and wildlife.
(1)
No development shall be carried out in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
[Amended 11-9-1988 by Ord. No. 931]
(2)
Protection of wildlife habitat. All development or other authorized activity shall be carried out in the Pinelands Area in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
D.
Forestry.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
(1)
Permit required. No forestry in the Pinelands Area of the Township shall be carried out by any person unless a permit for such activity has been issued by the Township Zoning Officer. Notwithstanding this requirement, no such permits shall be required for the following forestry activities:
(a)
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
(b)
Tree harvesting, provided that no more than one cord of wood per five acres of land is harvested in any one year and that no more than five cords of wood are harvested from the entire parcel in any one year;
(c)
Tree planting, provided that the area to be planted does not exceed five acres in any one year, no soil disturbance occurs other than that caused by the planting activity and no trees other than those authorized by N.J.A.C. 7:50-6.25 are to be planted;
(d)
Forest stand improvement designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel in which the activity occurs does not exceed five acres in any one year; and
(e)
Prescribed burning and the clearing and maintaining of fire breaks.
(2)
Forestry application requirements. The information in Subsection D(2)(a) or (b) below shall be submitted to the Township Zoning Officer prior to the issuance of any forestry permit:
[Amended 6-12-2012 by Ord. No. 1851]
(a)
For forestry activities on a parcel of land enrolled in the New Jersey Forest Stewardship Program, a copy of the approved New Jersey Forest Stewardship Plan. This document shall serve as evidence of the completion of an application with the Pinelands Commission as well as evidence that the activities are consistent with the standards of the Pinelands Comprehensive Management Plan. No certificate of filing from the Pinelands Commission shall be required.
(b)
For all other forestry applications:
[1]
The applicant's name and address and his interest in the subject parcel;
[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 description, including block and lot designation and street address, if any, of the subject parcel;
[4]
A description of all existing uses of the subject parcel;
[5]
A brief written statement generally describing the proposed forestry operation;
[6]
A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject parcel, the Pinelands management area designation and the municipal zoning designation are shown;
[7]
A forestry management plan that includes, as appropriate:
[a]
A cover page for the plan containing:
[i]
The name, mailing address and telephone number of the owner of the subject parcel;
[ii]
The municipality and county in which the subject parcel is located;
[iii]
The block and lot designation and street address, if any, of the subject parcel;
[iv]
The name and address of the forester who prepared the plan, if not prepared by the owner of the subject parcel; and
[v]
The date the plan was prepared, subsequent revision dates and the period of time the plan is intended to cover;
[b]
A clear and concise statement of the owner's objectives for undertaking the proposed forestry activities, including a description of the short- (five years) and long-term (20 years) objectives for all proposed silvicultural techniques that will be used to manage the parcel;
[c]
A description of the existing conditions of the subject parcel and of each forest stand in which a proposed activity, prescription or practice will occur. These stand descriptions shall include photographs of each stand taken at eye level showing the location of all Pinelands native forest types, as identified at N.J.A.C. 7:50-6.43, and shall be keyed to an activity map that shall include, as appropriate, the following information:
[i]
The number of acres;
[ii]
The general condition and quality of each stand;
[iii]
The overall site quality, relative to the management goals and objectives identified in Subsection D(2)(b)[7][b] above;
[iv]
An inventory and map of Pinelands native forest types with native forest types broken into stands, including information on type, size and volume by species;
[v]
The age of representative trees;
[vi]
The species composition, including overstory, understory, ground layer structure and composition;
[vii]
The stand cohort composition;
[viii]
The percent cover;
[ix]
The basal area;
[x]
The structure, including age classes, diameter breast height (DBH) classes and crown classes;
[xi]
The condition and species composition of advanced regeneration when applicable;
[xii]
A stocking table showing the stocking levels, growth rates and volume;
[xiii]
Projections of intended future stand characteristics at ten-, twenty-, and forty-year intervals;
[xiv]
A description of the forestry activities, silvicultural prescriptions, management activities and practices proposed during the permit period and the acreage proposed for each activity. These may include, but are not necessarily limited to, a description of:
[A]
Stand improvement practices;
[B]
Site preparation practices;
[C]
Harvesting practices;
[D]
Regeneration and reforestation practices;
[E]
Improvements, including road construction, stream crossings, landings, loading areas and skid trails;
[F]
Herbicide treatments;
[G]
Silvicultural treatment alternatives;
[H]
If planting will occur to accomplish reforestation, the application shall include seed sources records, if such records are available;
[I]
Implementation instructions; and
[J]
Measures that will be taken to prevent the potential spread of exotic plant species or phragmites into wetlands; and
[xv]
A description, if appropriate, of the forest products to be harvested, including volume expressed in cords and board feet; diameter breast height (DBH) classes and average diameter; age; heights; and number of trees per acre; and
[d]
A map of the entire parcel which includes the following:
[i]
The owner's name, address and the date the map was prepared;
[ii]
An arrow designating the north direction;
[iii]
A scale which is not smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet;
[iv]
The location of all property lines;
[v]
A delineation of the physical features such as roads, streams and structures;
[vi]
The identification of soil types (a separate map may be used for this purpose);
[vii]
A map inset showing the location of the parcel in relation to the local area;
[viii]
Clear location of the area and acreage in which each proposed activity, prescription or practice will occur. If shown on other than the property map, the map or maps shall note the scale, which shall not be smaller than one inch equals 2,000 feet or larger than one inch equals 400 feet, and shall be appropriately keyed to the property map; and
[ix]
A legend defining the symbols appearing on the map.
[8]
A letter from the Office of Natural Lands Management identifying any threatened or endangered plants or animals reported on or in the immediate vicinity of the parcel and a detailed description by the applicant of the measures proposed to meet the standards set forth in § 233-83B(5) and C;
[9]
A cultural resource survey documenting cultural resources on those portions of the parcel where ground disturbance due to site preparation or road construction will occur and a detailed description of the measures proposed by the applicant to treat those cultural resources in accordance with § 233-83J;
[10]
A statement identifying the type, location and frequency of any proposed herbicide treatments and how such treatments will comply with the standards set forth in Subsection D(3)(i)[2] below;
[11]
A statement identifying the specific steps to be taken to ensure that trees or areas to be harvested are properly identified so as to ensure that only those trees intended for harvesting are harvested;
[12]
Written comments from the New Jersey State Forester concerning the extent to which the proposed forestry activities are consistent with the guidelines provided in the New Jersey Forestry and Wetlands Best Management Practices Manual developed by the New Jersey Department of Environmental Protection, dated October 1995, as amended. Any such comments which indicate that the proposed activities are not consistent with said manual must be addressed by the applicant in terms of their potential impact on the standards set forth in Subsection D(3) below; and
[13]
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34; and
(3)
Forestry standards. Forestry operations shall be approved only if the applicant can demonstrate that the standards set forth below are met:
[Amended 6-12-2012 by Ord. No. 1851]
(a)
All forestry activities shall serve to maintain Pinelands native forest types, including those which are locally characteristic, except in those stands where other forest types exist;
(b)
Any newly developed access to lands proposed for harvesting shall avoid wetland areas except as absolutely necessary to harvest wetlands species or to otherwise gain access to a harvesting site;
(c)
The following actions shall be required to encourage the establishment, restoration or regeneration of Atlantic white cedar in cedar and hardwood swamps:
[1]
Clear-cutting cedar and managing slash;
[2]
Controlling competition by other plant species;
[3]
Utilizing fencing and other retardants, where necessary, to protect cedar from overbrowsing;
[4]
Utilizing existing streams as cutting boundaries, where practical;
[5]
Harvesting during dry periods or when the ground is frozen; and
[6]
Utilizing the least intrusive harvesting techniques, including the use of winches, corduroy roads and helicopters, where practical.
(d)
All forestry activities and practices shall be designed and carried out so as to comply with the standards set forth in § 233-83B(5) and C. The species accounts provided in the Recommended Forestry Management Practices Report, Appendix I - Endangered Animals, dated March 2006, as amended and supplemented and available at the principal office of the Commission or at www.nj.gov/pinelands, may be utilized as a guide for meeting these standards;
(e)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the land application of waste set forth in N.J.A.C. 7:50-6.79, except as expressly authorized in this section;
(f)
All forestry activities and practices shall be designed and carried out so as to comply with the standards for the protection of historic, archaeological and cultural resources set forth in § 233-83J;
(g)
A vegetated streamside management zone shall be maintained or established adjacent to streams, ponds, lakes and marshes, except that no streamside management zone shall be required when Atlantic white cedar is proposed to be harvested, established, restored or regenerated. The streamside management zone shall be at least 25 feet in width. Where soils are severely erodible, slopes exceed 10% or streamside vegetation is not vigorous, the streamside management zone shall be increased up to a maximum of 70 feet to buffer the water body from adjacent forestry activities;
(h)
Stream crossings, access roads, timber harvesting, skid trails, log decks, portable sawmill sites, site preparation, and reforestation shall be designed and carried out so as to:
(i)
The following standards shall apply to silvicultural practices for site preparation, either before or after harvesting:
[1]
In areas with slopes of greater than 10%, an undisturbed buffer strip of at least 25 feet in width shall be maintained along roads during site preparation to catch soil particles;
[2]
Herbicide treatments shall be permitted, provided that:
[a]
The proposed treatment is identified in the forestry application submitted to the Commission pursuant to Subsection D(2)(b)[10] above;
[b]
Control of competitive plant species is clearly necessary;
[c]
Control of competitive plant species by other, nonchemical means is not practical;
[d]
All chemicals shall be expressly labeled for forestry use and shall be used and mixed in a manner that is consistent with relevant state and federal requirements; and
[e]
In pine-shrub oak native forest types, herbicide treatments shall only be permitted as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration. All such herbicide treatments shall be applied in a targeted manner so that there will be no significant reduction in tree or shrub-oak resprouting outside those areas subject to the herbicide treatment;
[3]
Broadcast scarification and mechanical weeding shall be permitted in all Pinelands native forest types;
[4]
Disking shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native forest types;
[b]
Disking shall only be permitted in pine-shrub oak native forest types as a method to temporarily suppress shrub-oak understory in order to facilitate pine regeneration, and shall be limited as follows:
[i]
Disking may occur one time during the first year of the establishment of a stand to assure the successful growth of pine seedlings and may be repeated one time during the second year of the growth of the stand only in areas where pine seedling establishment has not successfully occurred; and
[ii]
Only single-pass disking, which penetrates the soil no deeper than six inches, shall be permitted.
[c]
It shall not occur in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, disking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[d]
It shall follow land contours when slopes are discernible;
[5]
Root raking shall be permitted, provided that:
[a]
It shall not be permitted in pine-shrub oak native forest types or pine plains native forest types;
[b]
When used to establish, restore or regenerate Atlantic white cedar, root raking shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[c]
Root raking debris shall not be piled in wetlands;
[6]
Bedding shall be permitted only in recently abandoned, cultivated wetlands where there are no established Pinelands native forest types; and
[7]
Drum chopping shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native forest types except to create road shoulder fuel breaks, which shall be limited to 25 feet in width, or to create scattered early successional habitats under two acres in size;
[b]
It shall not be permitted in wetlands, except as may be necessary to establish, restore or regenerate Atlantic white cedar. When so used, drum chopping shall be limited to shrub-dominated parcels and recently abandoned agricultural lands; and
[c]
It shall adhere to the following procedures:
[i]
No more than two passes shall be permitted except to create scattered early successional habitats under two acres in size;
[ii]
Drums shall remain unfilled when used during the dormant season;
[iii]
Chop up and down the slope on a parcel so the depressions made by the cleats and chopper blades run parallel to the contour of the land to help reduce the occurrence of channeled surface erosion;
[iv]
Chop so the depressions made by the cleats and chopper blades run parallel to a wetland or water body; and
[v]
Avoid short-radius, 180-degree turns at the end of each straight pass.
(j)
The following standards shall apply to silvicultural practices for harvesting:
[1]
Clear-cutting shall be permitted, provided that:
[a]
It shall not be permitted in pine plains native forest types;
[b]
It shall be limited to 300 acres or 5% of a parcel, whichever is greater, during any permit period;
[c]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any clear-cut and the parcel boundaries;
[d]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger clear-cut from other twenty-five-acre or larger clear-cuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[e]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches diameter breast height (DBH) and six feet in height shall be left on the parcel for a minimum of five years; and
[f]
The area of the parcel subject to the clear-cut shall have contoured edges unless the boundary of the clear-cut serves as a firebreak in which case straight edges may be used;
[2]
Coppicing shall be permitted in all Pinelands native forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any coppice cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger coppice cut from other twenty-five-acre or larger clear-cuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years; and
[e]
The area of the parcel subject to the coppice cut shall have contoured edges unless the boundary of the coppice cut serves as a firebreak in which case straight edges may be used;
[3]
Seed tree cutting shall be permitted in all Pinelands native forest types, provided that:
[a]
It shall be limited to 500 acres in size or 10% of a parcel, whichever is greater, during any permit period;
[b]
A fifty-foot-wide buffer strip, in which only periodic pruning and thinning may occur, shall be maintained between any seed tree cut and the parcel boundaries;
[c]
A buffer strip, in which only periodic pruning and thinning may occur, shall also be maintained to separate each twenty-five-acre or larger seed tree cut from other twenty-five-acre or larger clear-cuts, coppice cuts and seed tree cuts that occur within a fifteen-year period. The buffer strip separating two twenty-five-acre harvests shall be 50 feet in width and, for a larger harvest, shall increase in width by one foot for each acre of that harvest above 25, to a maximum of 300 feet in width;
[d]
Where present on a parcel, a minimum of 18 dead snags per acre of at least 10 inches DBH and six feet in height shall be left on the parcel for a minimum of five years;
[e]
The area of the parcel subject to the seed tree cut shall have contoured edges unless the boundary of the seed tree cut serves as a firebreak in which case straight edges may be used;
[f]
Dominant residual seed trees shall be retained at a distribution of at least seven trees per acre; and
[g]
Residual seed trees shall be distributed evenly throughout the parcel; and
[4]
Shelterwood cutting, group selection and individual selection shall be permitted in all Pinelands native forest types.
(k)
The following standards shall apply to silvicultural practices for forest regeneration:
[1]
Natural regeneration shall be permitted in all Pinelands native forest types and shall be required in the pine plains native forest type, except as provided in Subsection D(3)(k)[2] below; and
[2]
Artificial regeneration shall be permitted in all Pinelands native forest types, provided that:
[a]
The use of nonnative cuttings, seedlings or seeds shall not be permitted;
[b]
The use of hybrid cuttings, seedlings or seeds shall be permitted if it can be demonstrated that the cutting is from a locally native, naturally occurring hybrid which will be planted within its natural range and habitat;
[c]
Cuttings, seedlings or seeds shall be collected and utilized so as to ensure genetic diversity; and
[d]
When used in pine plains native forest types, artificial regeneration shall only be permitted to restore drastically disturbed sites if seeds or seedlings from the immediate vicinity have been collected from local, genetically similar sources.
(l)
Following site preparation and harvesting activities, slash shall either be retained in piles on the parcel, distributed throughout the parcel, removed from the parcel or burned.
(m)
Thinning shall be permitted in all Pinelands native forest types, including that which serves to maintain an understory of native plants and/or manage stand composition, density, growth and spatial heterogeneity.
(n)
A copy of the approved municipal forestry permit shall be conspicuously posted on the parcel which is the site of the forestry activity.
(4)
Forestry permit procedures.
(a)
Applications for forestry permits shall be submitted to the Zoning Officer and shall be accompanied by an application fee of $25.
(b)
Within 14 days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant in writing of any additional information which is necessary to complete the application. Should the Zoning Officer fail to make such a determination within 14 days, the application shall be considered to be complete as of the 15th day following its submission.
(c)
Within 45 days of determining an application to be complete pursuant to Subsection D(4)(b) above, or within such further time as may be consented to by the applicant, the Zoning Officer shall issue a forestry permit if the activities proposed in the application comply with the standards in Subsection D(3) above or disapprove any application which does not meet the requirements of Subsection D(3) above. Any such notice of disapproval shall specifically set forth the deficiencies of the application.
(d)
Upon receipt of a notice of disapproval pursuant to Subsection D(4)(c) above, the applicant shall have 30 days in which to correct the deficiencies and submit any necessary revisions to the application to the Zoning Officer for review. The Zoning Officer shall review the revised application to verify conformity with the standards in Subsection D(3) above and shall, within 14 days of receipt of the revised application, issue a forestry permit or disapprove the application pursuant to Subsection D(4)(c) above.
(e)
Failure of the Zoning Officer to act within the time period prescribed in Subsections D(4)(c) and (d) above shall constitute approval of the forestry application as submitted. At the request of the applicant, a certificate as to the failure of the Zoning Officer to act shall be issued by the municipality, and it shall be sufficient in lieu of the written endorsement or other evidence of municipal approval required herein.
(g)
Forestry permits shall be valid for a period of 10 years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this chapter and the Pinelands Comprehensive Management Plan are met.
(5)
Administrative fees. Upon the issuance of a forestry permit pursuant to Subsection D(4)(c) above, the applicant shall be required to pay a sum of $250 which shall serve as reimbursement for any administrative costs incurred by the municipality during the ten-year permit period. The applicant shall not be subject to any additional fees or escrow requirements for the duration of the forestry permit.
(6)
Notification of harvesting. No harvesting shall be commenced until the applicant has provided the Zoning Officer with 72 hours written notice of the intention to begin harvesting operations.
E.
Recommended management practice for agriculture.
(1)
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
(2)
In Agricultural Production Districts, a resource conservation plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District, located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The Resource Conservation Plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in but not limited to the following publications:
(3)
All agricultural operations in any Agricultural Production District shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health.
F.
Water quality.
(1)
General.
(a)
All development shall be designed and carried out so that the quality of surface and ground water will be protected and maintained. Agricultural use shall not be considered development for purposes of this subsection.
(b)
Except as specifically authorized in this section, no development which degrades surface or ground water quality or which establishes new point sources of pollution shall be permitted.
[Amended 11-9-1988 by Ord. No. 931]
(c)
No development shall be permitted which does not meet the minimum water quality and potable water standards of the State of New Jersey or the United States.
(2)
The following point and nonpoint sources may be developed and operated in the Pinelands:
(a)
Development of new or the expansion of existing commercial, industrial and wastewater treatment facilities, or the development of new or the expansion of existing nonpoint sources, except those specifically regulated in Subsections F(2)(b) through (f) below, provided that:
[Amended 6-10-1997 by Ord. No. 1302]
[1]
There will be no direct discharge into any surface water body.
[2]
All discharges from the facility or use are of a quality and quantity such that groundwater existing from the parcel of land or entering a surface body of water will not exceed two parts per million nitrate/nitrogen.
[3]
All public wastewater treatment facilities are designed to accept and treat septage.
[4]
All storage facilities, including ponds or lagoons, are lined to prevent leakage into groundwater.
(b)
Development of new wastewater treatment or collection facilities which are designed to improve the level of nitrate/nitrogen attenuation of more than one existing on-site wastewater treatment or collection system where a public health problem has been identified may be exempted from the standards of Subsection F(2)(a)[2] above, provided that:
[Amended 11-9-1988 by Ord. No. 932]
[1]
There will be no direct discharge into any surface water body.
[2]
The facility is designed only to accommodate wastewater from existing residential, commercial and industrial development.
[3]
Adherence to Subsection F(2)(a)[2] above cannot be achieved due to limiting site conditions or that the costs to comply with the standard will result in excessive user fees.
[Amended 6-10-1997 by Ord. No. 1302]
[4]
The design level of nitrate/nitrogen attenuation is the maximum possible within the cost limitations imposed by such user fee guidelines, but in no case shall groundwater exiting from the parcel or entering a surface body of water exceed five parts per million nitrate/nitrogen.
[Amended 6-10-1997 by Ord. No. 1302]
(c)
Improvements to existing commercial, industrial and wastewater treatment facilities which discharge directly into surface waters, provided that:
[1]
There is no practical alternative available that would adhere to the standards of Subsection F(2)(a)[1] above.
[Amended 6-10-1997 by Ord. No. 1302]
[2]
There is no increase in the existing approved capacity of the facility.
[3]
All discharges from the facility into surface waters are such that the nitrate/nitrogen levels of the surface waters at the discharge point do not exceed two parts per million. In the event that nitrate/nitrogen levels in the surface waters immediately upstream of the discharge point exceed two parts per million, the discharge shall not exceed two parts per million nitrate/nitrogen.
(d)
Individual on-site septic waste water treatment systems which are not intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
[Amended 11-9-1988 by Ord. No. 932; 6-10-1997 by Ord. No. 1302]
[1]
The proposed development to be served by the system is otherwise permitted pursuant to the provisions of this chapter;
[2]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(2)(d)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 233-83R or 233-84;
[3]
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution purposes, except for the development of an individual single family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19;
[4]
The depth to seasonal high water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
The system will be maintained and inspected in accordance with the requirements of Subsection F(3) below;
[7]
The technology has been approved for use by the New Jersey Department of Environmental Protection; and
[8]
Flow values for nonresidential development shall be determined based on the values contained in N.J.A.C. 7:9A-7.4, as amended, except that number of employees may not be utilized in calculating flow values for office uses. In the event that N.J.A.C. 7:9A-7.4 does not provide flow values for a specific use, but a flow value is assigned for that use in 7:14A-23.3(a), the flow value specified in N.J.A.C. 7:14A-23.3(a) shall be used in calculating flow.
(e)
Individual on-site septic waste water treatment systems which are intended to reduce the level of nitrate/nitrogen in the waste water, provided that:
[Amended 6-10-1997 by Ord. No. 1302]
[2]
If the proposed development is nonresidential, it is located:
[Amended Ord. No. 2006-2019]
[3]
The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December 1993, as amended, subject to the provisions of Subsection F(2)(d)[3] above and the assumptions and requirements set forth in N.J.A.C. 7:50-6.84(a)5iv. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 233-83R or 233-84.
(f)
Surface water runoff, provided that the requirements of § 233-55.1 are met.
[Added 6-10-1997 by Ord. No. 1302; amended 2-28-2023 by Ord. No. 2103-2023]
(g)
Alternate design pilot program treatment systems, provided that:
[Added 6-24-2003 by Ord. No. 1536]
[1]
The proposed development to be served by the system is residential and is otherwise permitted pursuant to the provisions of this subsection;
[2]
The design of the system and its discharge point and the size of the entire contiguous parcel on which the system or systems is located will ensure that groundwater exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen, calculated pursuant to the Pinelands dilution model dated December, 1993, as amended, subject to the provisions of Subsection F(2)(g)[3] below. The entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to § 233-83R or 233-84;
[3]
Only contiguous lands located within the same zoning district and Pinelands management area as the proposed system or systems may be utilized for septic dilution proposes, except for the development of an individual single-family dwelling on a lot existing as of January 14, 1981, nonresidential development on a lot of five acres or less existing as of January 14, 1981, or cluster development as permitted by N.J.A.C. 7:50-5.19:
[4]
The depth to seasonal high water table is at least five feet;
[5]
Any potable water well will be drilled and cased to a depth of at least 100 feet, unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet;
[6]
No more than 10 alternate design pilot program treatment systems utilizing the same technology shall be installed in the development of any parcel if those systems are each serving one single-family dwelling;
[7]
Each system shall be equipped with automatic dialing capability to the manufacturer, or its agent, in the event of a mechanical malfunction;
[8]
Each system shall be designed and constructed so that samples of effluent leaving the alternate design pilot program septic system can be readily taken to confirm the performance of the technology;
[9]
The manufacturer or its agent shall provide to each owner an operation and maintenance manual approved pursuant to N.J.A.C. 7:50-10.22(a)2iv;
[10]
Each system shall be covered by a five-year warranty and a minimum five-year maintenance contract consistent with those approved pursuant to N.J.A.C. 7:50-10.22(a)2v that cannot be cancelled and is renewable and which includes a provision requiring that the manufacturer or its agent inspect the system at least once a year and undertake any maintenance or repairs determined to be necessary during any such inspection or as a result of observations made at any other time; and
[Amended Ord. No. 2006-2019]
[11]
The property owner shall record with the deed to the property a notice consistent with that approved pursuant to N.J.A.C. 7:50-10.22(a)2vi that identifies the technology, acknowledges the owner's responsibility to operate and maintain it in accordance with the manual required in Subsection F(2)(g)[9] above, and grants access, with reasonable notice, to the local Board of Health, the Commission and its agents for inspection and monitoring purposes. The recorded deed shall run with the property and shall ensure that the maintenance requirements are binding on any owner of the property during the life of the system and that the monitoring requirements are binding on any owner of the property during the time period the monitoring requirements apply pursuant to the pilot program or any subsequent regulations adopted by the Commission that apply to said system.
[Amended Ord. No. 2006-2019]
[12]
No alternate design pilot program treatment system shall be installed after August 5, 2018.
[Amended 4-26-2016 by Ord. No. 1941-2016]
(3)
Individual wastewater treatment facility and petroleum tank maintenance.
[Amended 11-9-1988 by Ord. No. 931]
(a)
The owner of every on-site septic wastewater treatment facility in the Pinelands Area shall, as soon as a suitable septage disposal facility capacity is available, in accordance with the provisions of Chapter 326 of the Solid Waste Management Act, N.J.S.A. 13:1E-l et seq., and Section 201 of the Clean Water Act:
[1]
Have the facility inspected by a technician at least once every three years.
[2]
Have the facility cleaned at least once every three years.
[3]
Once every three years submit to the Board of Health serving the Galloway Township a sworn statement that the facility has been inspected and cleaned and is functional, setting forth the name of the person who performed the inspection and cleaning and the date of such inspection and that the alternative system is in full and complete operation.
(4)
Prohibited chemicals and materials.
(b)
All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
(c)
No person shall apply any herbicide to any road or public utility right-of-way within the Pinelands Area unless necessary to protect an adjacent agricultural activity.[2]
[2]
Editor's Note: Original § 54-70F(4)(d), regarding hazardous waste and application of liquid sludge, which previously followed this subsection, as amended 11-9-1988 by Ord. No. 931, was repealed 6-10-1997 by Ord. No. 1302
(5)
Water management.
[Amended 11-9-1988 by Ord. No. 931; 5-28-2024 by Ord. No. 2136-2024]
(a)
Water shall not be exported from the Pinelands except as otherwise provided at N.J.S.A. 58:1A-7.1.
(b)
A diversion within the Pinelands Area portion of Galloway Township that involves the interbasin transfer of water from sources within the Pinelands Area between the Atlantic Basin and the Delaware Basin, as defined at Subsections F(5)(b)[1] and [2] below, or outside of either basin, shall be prohibited.
[1]
The Atlantic Basin is comprised of Watershed Management Areas 13, 14, 15, and 16, as identified by the New Jersey Department of Environmental Protection.
[2]
The Delaware Basin is comprised of Watershed Management Areas 17, 18, 19, and 20 as identified by the New Jersey Department of Environmental Protection.
(c)
A diversion within the Pinelands Area portion of Galloway Township involving the intrabasin transfer of water between HUC-11 watersheds in the same basin, Atlantic Basin or Delaware Basin as defined at Subsections F(5)(b)[1] and [2] above, shall be permitted. If such an intrabasin transfer involves water sourced from the Kirkwood-Cohansey aquifer, the diversion shall meet the criteria and standards set forth at Subsection F(5)(d) below.
(d)
Within the Pinelands Area portion of Galloway Township a new diversion or an increase in allocation from either a single existing diversion source or from combined existing and new diversion sources in the same HUC-11 watershed and in the Kirkwood-Cohansey aquifer, that results in a total diversion of 50,000 gallons of water per day or more (hereafter referred to as "proposed diversion") shall meet the criteria and standards set forth at Subsection F(5)(d)[3] through [6] below and the water management standards of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-6.86(d). "Allocation" shall mean a diversion permitted pursuant to a Water Allocation Permit or Water Use Registration Number issued by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:19.
[1]
When evaluating whether the proposed diversion meets the criteria set forth at Subsection F(5)(d)[3] through [6] below, all of the applicant's allocations in an HUC-11 watershed, in addition to the proposed diversion, shall be included in the evaluation.
[2]
The standards set forth at Subsection F(5)(d)[3] through [6] below shall not apply to:
[a]
A new well that is to replace an existing well, provided the existing well is decommissioned in accordance with N.J.A.C. 7:9D-3 and the new replacement well will:
[b]
Any proposed diversion that is exclusively for agricultural or horticultural use; or
[c]
Any proposed diversion for a resource extraction operation that constitutes a nonconsumptive use, provided the water returned to the source is not discharged to a stream or waterbody or otherwise results in off-site flow, and the diversion and return are located on the same parcel.
[3]
A proposed diversion shall be permitted only in the following Pinelands Management Areas: Regional Growth Area; Pinelands Town; Rural Development Area; Agricultural Production Area; Military and Federal Installation Area; and the Pinelands Villages of Cologne-Germania and Pomona.
[4]
A proposed diversion shall only be permitted if the applicant demonstrates that no alternative water supply source is available or viable. Alternative water supply sources include, but are not limited to, groundwater and surface water sources that are not part of the Kirkwood-Cohansey aquifer, and public water purveyors and suppliers, as defined at N.J.A.C. 7:19-1.3. A list of alternative water supply sources is available at the offices of the Pinelands Commission and at https://www.nj.gov/pinelands/.
[5]
A proposed diversion shall not have an adverse ecological impact on the Kirkwood-Cohansey aquifer. Adverse ecological impact means an adverse regional impact and/or an adverse local impact, as described at N.J.A.C. 7:50-6.86(d)6 and 7, respectively. A proposed diversion deemed to have an adverse local impact in the Pinelands Area is prohibited. A proposed diversion deemed to have an adverse regional impact shall only be permitted if an applicant permanently offsets the diversion in accordance with N.J.A.C. 7:50-6.86(d)6i.
[6]
An applicant for a proposed diversion shall provide written documentation of water conservation measures that have been implemented, or that are planned for implementation, for all areas to be served by the proposed diversion. Water conservation measures are measurable efforts by public and private water system operators and local agencies to reduce water demand by users and reduce losses in the water distribution system.
G.
Scenic.
(1)
Except for those roads which provide for internal circulation within residentially developed areas, all public, paved roads shall be considered scenic corridors. In addition, the Mullica River designated in N.J.A.C. 7:50-6.105 shall be considered a scenic corridor.
[Amended 11-9-1988 by Ord. No. 931]
(2)
Special requirements for scenic corridors.
(a)
Except as otherwise provided in this subsection, no permit shall be issued for development on a scenic corridor other than for agricultural product sales establishments unless the applicant demonstrates that all buildings are set back at least 200 feet from the center line of the corridor.
(b)
If compliance with the two-hundred-foot setback is constrained by environmental or other physical considerations, such as wetlands or active agricultural operations, the building shall be set back as close to 200 feet as practical, and the site shall be landscaped in accordance with the provisions of Subsection B of this section so as to provide screening from the corridor.
(c)
If an applicant for development approval demonstrates that existing development patterns of the corridor are such that buildings are set back less than 200 feet within 1,000 feet of the site proposed for development, then a setback shall be set for the proposed development which is consistent with the established development pattern, provided that the site is landscaped in accordance with the provisions of Subsection B of this section so as to provide screening between the building and the corridor.
(d)
All structures within 1,000 feet of the center line of a special scenic corridor shall be designed to avoid visual impacts as viewed from the corridor.
(e)
The requirements of Subsection G(2)(a) through (c) above shall not apply to residential cluster developments which comply with the standards of § 233-72B(2) or 233-74B(1) and § 233-80.1.
[Added 6-12-2012 by Ord. No. 1851]
(3)
Signs, Pinelands Area. The regulation of signs within the Pinelands Area shall be as provided for in § 233-10 of this chapter.
[Amended 11-9-1988 by Ord. No. 932; 6-22-1993 by Ord. No. 1127]
(5)
Motor vehicle screening and storage. No more than 10 automobiles, trucks or other motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses and scenic corridors. All vehicles not in operating condition shall be stored only if the gasoline tanks of such vehicles are drained. This subsection shall not apply to vehicles which are in operating condition and which are maintained for agricultural purposes.
(6)
Location of utilities.
(a)
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except for those lines which are located on or adjacent to active agricultural operations.
(b)
Aboveground generating facilities, switching complexes, pumping stations and substations shall be screened with vegetation from adjacent uses in accordance with Subsection B.
[Amended 11-9-1988 by Ord. No. 931]
(c)
All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.
H.
Fire management.
(1)
The following vegetation classifications shall be used in determining the fire hazard of a parcel of land:
[Amended 11-9-1988 by Ord. No. 932]
Hazard | Vegetation Type | |
|---|---|---|
Low | Atlantic white cedar Hardwood Swamps | |
Moderate | Non-Pine Barrens forest Prescribed burned areas | |
High | Pine Barrens forest, including mature forms of pine, pine-oak or oak-pine | |
Extreme | Immature or dwarf forms of pine-oak or oak-pine, all classes of pine-scrub oak and pine-lowland |
(2)
No development shall be carried out in the Pinelands Area in vegetated areas which are classified as moderate, high or extreme hazard under the fire hazard classification set out in Subsection H(1) above unless such development complies with the following standards:
(a)
All proposed developments, or units or sections thereof, of 25 dwelling units or more will have two accessways of a width and surface composition sufficient to accommodate and support fire-fighting equipment.
(b)
All dead-end roads will terminate in a manner which provides safe and efficient entry and exit for fire equipment.
[Amended 11-9-1988 by Ord. No. 931]
(c)
The rights-of-way of all roads will be maintained so that they provide an effective firebreak.
(d)
A fire hazard fuel break is provided around structures proposed for human use by the selective removal or thinning of trees, bushes, shrubs and ground cover as follows:
[1]
In moderate fire hazard areas, a fuel break of 30 feet, measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and all dead plant material is removed.
[2]
In high fire hazard areas, a fuel break of 75 feet, measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; and all dead plant material is removed.
[3]
In extreme high hazard areas, a fuel break of 100 feet, measured outward from the structure, in which shrubs, understory trees and bushes and ground cover are to be selectively removed, mowed or pruned on an annual basis; no pine tree (Pinus species) is closer than 25 feet to another pine tree; and all dead plant material is removed.
(e)
All residential development of 100 dwelling units or more in high or extreme high hazard areas will have a two-hundred-foot perimeter fuel break between all structures and the forest in which:
[1]
Shrubs, understory trees and bushes and ground cover are selectively removed, mowed or pruned and maintained on an annual basis.
[2]
All dead plant material is removed.
[3]
Roads, rights-of-way, wetlands and waste disposal sites shall be used as firebreaks to the maximum extent practical.
[4]
There is a specific program for maintenance.
(f)
All structures will meet the following specifications:
[1]
Roofs and exteriors will be constructed of fire-resistant materials such as asphalt rag felt roofing, tile, slate, asbestos cement shingles, sheet iron, aluminum or brick. Fire-retardant-treated wood shingles or shake-type roofs are prohibited in high or extreme fire hazard areas.
[Amended 11-9-1988 by Ord. No. 931]
[2]
All projections such as balconies, decks and roof gables shall be constructed of fire-resistant materials or materials treated with fire-retardant chemicals.
[3]
Any openings in the roof, attic and the floor shall be screened.
[4]
Chimneys and stovepipes which are designed to burn solid or liquid fuels shall be equipped with screens over the outlets.
[5]
Flat roofs are prohibited in areas where vegetation is higher than the roof.
I.
Recreation. All development within the Pinelands Area shall conform to the following requirements:
(1)
No motor vehicle other than fire, police or emergency vehicles or those vehicles used for the administration or maintenance of any public land shall be operated upon publicly owned land within the Pinelands Area. Other motor vehicles may operate on public lands for recreational purposes on public highways and areas on land designated prior to August 8, 1980, for such use by the State of New Jersey until designated as inappropriate for such use by the Pinelands Commission.
(2)
All recreation areas and facilities shall be designed in accordance with N.J.A.C. 7:50-6.143(a)(2) and 506.144(a)(1) through (3) and the New Jersey Department of Environmental Protection publication, Administration Guidelines: Barrier-Free Design Standards for Parks and Recreational Facilities.
[Amended 11-9-1988 by Ord. No. 931]
(3)
Improved bicycling facilities shall be provided only in conjunction with paved roads.
J.
Historic resource preservation.
[Amended 12-9-1986 by Ord. No. 848; 11-9-1988 by Ord. No. 931]
(1)
The Planning Board shall exercise all the powers and perform all the duties set forth in N.J.A.C. 7:50-6.153(a), including recommendations to the Township Council for designation of historic resources, in accordance with N.J.S.A. 40:55D-1 et seq., which are determined to be significant pursuant to Subsection J(5)(b) below.
(2)
Authority to issue certificates of appropriateness.
(3)
Certificates of appropriateness shall be required for the following:
(a)
Construction, encroachment upon, alteration, remodeling, removal, disturbance or demolition of any resource designated by the Township Council or the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or any action which renders such a site inaccessible.
(b)
Development not otherwise exempted from review pursuant to § 233-85A(2) of this article where a significant resource has been identified pursuant to Subsection J(5) below.
(4)
Applications for certificates of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).
(5)
A cultural resource survey shall accompany all applications for development in a Pinelands Village or Town and all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and avocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.
[Amended 6-10-1997 by Ord. No. 1302]
(a)
This requirement for a survey may be waived by the local approval agency if:
[1]
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
[2]
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of Pinelands culture; or
(b)
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
[1]
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;
[2]
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community or the Pinelands;
[3]
The presence of structures that represent the work of a master or that possess high artistic values or that embody the distinctive characteristics of a type, period or method of construction or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community or the Pinelands, although its components may lack individual distinction; or
[4]
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Pinelands.
(6)
The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board and Board of Adjustment.
(7)
The effect of the issuance of a certificate of appropriateness is as follows:
(a)
All subsequent development approvals shall be issued or denied in a manner consistent with the certificate of appropriateness except as provided in Subsection J(7)(b) below.
(b)
A certificate of appropriateness issued as a result of the cultural resource survey requirement set forth in Subsection J(5) above shall be effective for two years. If the resource is not designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154 or by the Township Council pursuant to N.J.S.A. 40:55D-1 et seq. within that two-year period, the historic resource standards of this section shall no longer apply to the resource in question until such time as the Pinelands Commission designates the resource pursuant to N.J.A.C. 7:50-6.154.
[Amended 6-10-1997 by Ord. No. 1302]
(8)
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:
(a)
A narrative description of the resource and its cultural environment.
(b)
Photographic documentation to record the exterior appearance of buildings, structures and engineering resources.
(c)
A site plan depicting in correct scale the location of all buildings, structures and engineering resources.
(d)
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
(9)
If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting and Data Recovery (36 CFR 66).
K.
Resource extraction.
(1)
Submission requirements. Any application filed for approval of resource extraction operations in the Pinelands shall include at least the following information:
[Amended 11-9-1988 by Ord. No. 931]
(a)
The applicant's name and address and his interest in the subject property.
(b)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c)
The legal description, including block and lot designation and street address, if any, of the subject property.
(d)
A description of all existing uses of the subject property.
(e)
A brief written statement generally describing the proposed development.
(f)
A United States Geological Survey 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 zoning designation are shown.
(g)
A topographic map at a scale of one inch equals 200 feet, showing the proposed dimensions, location and operations on the subject property.
(h)
The location, size and intended use of all buildings.
(i)
The location of all points of ingress and egress.
(j)
A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing all streams, wetlands and significant vegetation, forest associations and wildlife habitats.
(k)
The location of all existing and proposed streets and rights-of-way, including railroad rights-of-way.
(l)
A soils map.
(m)
A reclamation plan which includes:
[1]
Method of stockpiling topsoil and overburden.
[2]
Proposed grading and final elevations.
[3]
Topsoil material application and preparation.
[4]
Type, quantity and age of vegetation to be used.
[5]
Fertilizer application, including method and rates.
[6]
Planting method and schedules.
[7]
Maintenance requirements schedule.
(n)
A signed acknowledgment from both the owner and the applicant that they are responsible for any resource extraction activities which are contrary to any provision of this article or of the approved resource extraction plan done by any agent, employee, contractor, subcontractor or any other person authorized to be on the parcel by either the owner or the applicant.
(o)
A financial surety in accordance with the requirements of Article IX, guaranteeing performance of the requirements of Subsection K(3) below, in the form of a letter of credit, certified check, surety bond or other recognized form of financial surety acceptable to the Pinelands Commission. The financial surety shall be equal to the cost of restoration of the area to be excavated during the two-year duration of any approval which is granted. The financial surety, which shall name the Commission and the Township as the obligee, shall be posted by the property owner or his agent with the Township.
(p)
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations.
(q)
When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to § 233-85F.
(r)
If the application includes a proposed diversion from the Kirkwood-Cohansey aquifer, a hydrogeologic report that identifies the volume of the diversion, the volume of water to be returned to the source, a description of the route of return to the source, the methodology used to quantify the volume of water returned to the source and a description of any other existing or proposed water diversions or discharges on or from the parcel. The report shall also include a map that depicts the location of the diversion, the location of the return to source, the location of all existing or proposed resource extraction operations and the location of all wetlands on or within 300 feet of the parcel on which the diversion is proposed.
[Added 5-28-2024 by Ord. No. 2136-2024]
(2)
Time limit on board approval. Board approvals authorizing resource extraction shall be effective for a period of two years. Nothing in this section shall be construed to prohibit any person from securing additional permits, provided that the requirements of this section are met.
(3)
Resource extraction standards. Resource extraction activities shall:
(a)
Be designed so that no area of excavation, sedimentation pond, storage area, equipment or machinery or other structure or facility is closer than:
(b)
Be located on a parcel of land at least 20 acres.
(c)
Provide that all topsoil that is necessary for restoration will be stored on the site and will be protected from wind or water erosion.
(d)
Be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access roads.
(e)
Provide ingress and egress to the resource extraction operation from public roads by way of gravel or porous paved roadways.
(f)
Be designed so that the surface runoff will be maintained on the parcel in a manner that will provide for on-site recharge to groundwater.
(g)
Not involve excavation below the seasonal high water table, unless the excavation will serve as a recreational or wildlife resource or a water reservoir for public, agricultural or industrial uses or for any other use authorized in the zoning district in which the site is located, provided that in no case shall excavation have a depth exceeding 65 feet below the natural surface of the ground existing prior to excavation unless it can be demonstrated that a depth greater than 65 feet will result in no significant adverse impact relative to the proposed final use or on off-site areas.
(h)
Will be carried out in accordance with the required extraction schedule which depicts the anticipated sequence, as well as the anticipated length of time, that each of the twenty-acre units of the parcel proposed for extraction will be worked. This shall not preclude more than one twenty-acre unit from being worked at any one time, provided that there is a demonstrated need for additional units, restoration is proceeding on previously mined units and the area of clearing does not exceed that specified in Subsection K(3)(i) below.
[Amended 6-10-1997 by Ord. No. 1302]
(i)
Not involve clearing adjacent to ponds in excess of 20 acres or an area necessary to complete scheduled operations or will not involve unreclaimed clearing exceeding 100 acres or 50% of the area to be mined, whichever is less, for surface excavation at any time.
[Amended 11-9-1988 by Ord. No. 931]
(j)
Involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with the following requirements:
[1]
Restoration shall be a continuous process, and each portion of the parcel shall be restored such that the ground cover shall be established within two years and tree cover established within three years after resource extraction is completed for each portion of the site mined.
[Amended 11-9-1988 by Ord. No. 931]
[2]
Restoration shall proceed in the same sequence and time frame set out in the extraction schedule required in the application.
[3]
All restored areas shall be graded so as to conform to the natural contours of the parcel to the maximum extent practical; grading techniques that help to control erosion and foster vegetation shall be utilized; the slope of surface of restored surfaces shall not exceed one foot vertical to three feet horizontal except as provided in Subsection K(3)(j)[6] of this section.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
[4]
Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extraction operation was initiated. All topsoil removed shall be stockpiled and used for the next area to be restored, unless it is immediately reused for reclamation that is currently underway.
[Amended 6-10-1997 by Ord. No. 1302]
[5]
Drainage flows, including direction and volume, shall be restored to the maximum extent practical to those flows existing at the time the resource extraction operation was initiated.
[6]
Any body of water created by the resource extraction operation shall have a shoreline not less than three feet above and three feet below the projected average water table elevation. The shoreline both above and below the surface water elevation shall have a slope of not less than five feet horizontal to one foot vertical. This requirement shall apply to any water body or portion of a water body created after December 5, 1994. For any water body or portion of a water body created prior to December 5, 1994, this requirement shall apply to the extent that it does not require grading of areas which have not been disturbed by mining activities. Where grading would require such disturbance, a reduction in the distance of the graded shoreline above and below the avenge water table elevation shall be permitted.
[Amended 6-10-1997 by Ord. No. 1302]
[7]
All equipment, machinery and structures, except for structures that are usable for recreational purposes or any other use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and restoration is completed.
[8]
Reclamation shall to the maximum extent practical result in the reestablishment of the vegetation association which existed prior to the extraction activity and shall include:
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
[a]
Stabilization of exposed areas by establishing ground cover vegetation; and
[b]
Reestablishment of the composition of the natural forest and shrub types that existed prior to the extraction activity through one of the following:
[i] | The planting of a minimum of 1,000 one-year-old pitch pine seedlings or other native Pinelands tree species per acre in a random pattern; | |
[ii] | Cluster planting of characteristic Pinelands oak species, such as blackjack oak, bear oak, chestnut oak and black oak, and shrubs such as black huckleberry, sheep laurel and mountain laurel, at a spacing sufficient to ensure establishment of these species; | |
[iii] | A combination of the planting techniques set forth in Subsection K(3)(j)[8][b][i] and [ii] above; or | |
[iv] | The use of other planting techniques or native Pinelands species as may be necessary to restore the vegetation association which existed prior to the extraction activity. |
[9]
Slopes beyond a water body's shoreline shall be permitted at the natural angle of repose to the bottom of the pond.
[Added 6-10-1997 by Ord. No. 1302]
[10]
The letter of credit, surety bond or other guaranty of performance which secures restoration of each section shall be released after the Township has determined that the requirements of Subsection K(3)(j)[1] through [9] above are being met and the guaranty of performance is replaced with a maintenance guaranty for a period of two years thereafter.
[Added 11-9-1988 by Ord. No. 931; amended 6-10-1997 by Ord. No. 1302]
(k)
Not result in a substantial adverse impact upon those significant resources depicted on the Special Areas Map appearing as Figure 7.1 in the Pinelands Comprehensive Management Plan.
[Added 11-9-1988 by Ord. No. 931]
L.
Waste management. No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Pinelands Area. The land application of waste or waste derived materials is prohibited in the Pinelands Area, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Pinelands Area in accordance with the standards set forth in N.J.A.C. 7:50-6.
[Amended 6-10-1997 by Ord. No. 1302]
M.
Energy conservation. All development shall be carried out in a manner which promotes energy conservation. Such measures may include southern orientation of buildings, landscaping to permit solar access and the use of energy-conserving building materials.
N.
Air quality.
[Amended 11-9-1988 by Ord. No. 931]
(1)
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:27-18.3.
[Amended 6-10-1997 by Ord. No. 1302]
(2)
Applications for the following developments shall ensure that all state ambient air quality standards in N.J.A.C. 7:27 et seq. for carbon monoxide shall not be exceeded at places of maximum concentration and at sensitive receptors:
(a)
Residential development of 50 or more units and any other development involving more than 100 parking spaces located in the C, HC-1, HC-2, I, PIRD, PO, R, RCG, TC, TI, TI-2, TPO, TR, NC-1, or GI Districts.
[Amended 5-10-1994 by Ord. No. 1166; 6-22-2010 by Ord. No. 1817]
(b)
Residential development of 100 or more units and any other development involving more than 300 parking spaces located in the PA, FA-20, FA-WET, FA-5, AG, R5, R-5C, RCR, R3.2, VC or VR Districts.
O.
Housing.
[Amended 1-25-2005 by Ord. No. 1596; 12-13-2005 by Ord. No. 1638; 1-24-2006 by Ord. No. 1641; 5-9-2006 by Ord. No. 1652; 8-14-2018 by Ord. No. 1993-2018]
(1)
Purpose. In order to provide for Galloway Township's fair share of the region's low- and moderate-income housing, the following standards are provided.
(2)
Procedure.
(a)
The developer of a residential development project in the Pinelands Management areas containing five or more dwelling units or the residential component of a mixed-use development project containing five or more dwelling units ("qualifying development project") shall construct, either within such qualifying development project or as a separate project thereto, a minimum of 20% of the total number of residential units to be constructed as affordable housing units.
(b)
Pursuant to N.J.A.C. 5:93-5.6(f)[4] and Mount Laurel II guidelines, if constructed within a qualifying development project, the affordable housing units shall be disbursed throughout the site plan and shall, to the extent practicable, have an exterior design which is compatible with the surrounding market-rate units. Similarly, affordable units constructed separate from a qualifying development project shall, to the extent practicable, have an exterior design which is compatible with the surrounding housing in the neighborhood.
[4]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
(c)
The requirement to construct said 20% affordable housing units shall apply to all qualifying development projects in a Pinelands regional growth area, village or town.
(d)
Where said 20% affordable housing units are to be constructed as part of the qualifying development project, all land use approvals and permits required to construct such units, including, but not limited to, Galloway Planning Board, Galloway Zoning Board, County Planning Board, Pinelands, NJDEP/CAFRA and local building permits, shall be obtained under a single series of applications. Where said 20% affordable housing units are to be constructed separately from the qualifying development project, all land use approvals and permits required to construct the qualifying development project and the affordable units shall be obtained by the filing of separate but simultaneous applications.
(e)
Regardless of whether constructed as part of a qualifying development project or as separate units, no certificate of occupancy for the market-rate units shall be issued unless a proportionate number of certificates of occupancy are issued for the affordable units. Similarly, where a qualifying development project is proposed to be constructed in phases, the developer shall provide a phasing plan which provides for the affordable housing to be developed proportionately with the market-rate units.
(f)
In accordance with N.J.A.C. 5:93-5.6(d),[5] the proportion of affordable to market-rate units to be issued certificate of occupancy shall be as follows:
Maximum % of Market-Rate Housing Units Completed | Minimum % of Affordable Units Completed |
|---|---|
25+1% | 10% |
50% | 50% |
75% | 75% |
90% | 100% |
100% |
[5]
Editor's Note: N.J.A.C. 5:93 expired 10-16-2016.
(g)
All to-be-constructed affordable housing units shall be specifically identified on the site plan for the qualifying development project, along with the support services required to sustain such affordable housing units. It is the intent herein to not only encourage but to sustain a quality of life for affordable housing residents within prescribed residential developments.
(h)
In pursing the development of affordable housing as part of a qualifying development project, the Planning Board or Zoning Board, as applicable, may grant such bulk (c) variances and/or design waivers as may be necessary to assist in adjusting the site plan configuration to provide for such units, thereby allowing the placement of disbursed affordable housing units throughout the qualifying development project. Notwithstanding this requirement, the lot area standards set forth on Table I: Use, Area, Yard and Bulk Regulations[6] for the PA, FA-5, FA-WEST, FA-20, R-5, VR, TR, R, R-1 and PIRD Zones and the standards, application procedures or other provisions contained in Article X, Pinelands Area Standards, shall not be eliminated, waived or otherwise modified by the Township.
[6]
Editor's Note: Said table is included as an attachment to this chapter.
(i)
All affordable housing units shall be deed-restricted by the developer for a period of at least 30 years in accordance with the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 et seq. Copies of the proposed deed restrictions shall be submitted as part of the site plan review and approval process.
(j)
In addition to building types permitted in planned developments, units developed under the Mount Laurel II procedures may also include modular and manufactured housing units.
P.
Cultural housing. Residential dwellings on lots 3.2 acres may be permitted in any Pinelands district, provided that:
[Added 11-9-1988 by Ord. No. 931; amended 6-10-1997 by Ord. No. 1302]
(1)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
(2)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
(3)
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
(4)
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
Q.
Additional provisions for cultural housing. Residential dwelling units on one-acre lots may be permitted in any Pinelands district, provided that:
[Added 6-22-1993 by Ord. No. 1127]
(2)
The lot to be developed existed as of February 8, 1979, or was created as a result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981;
(3)
The applicant qualifies for and receives from the Township a variance from the 3.2 acre lot size requirement set forth in § 233-83P above;
(4)
The applicant purchases and redeems 0.25 Pinelands development credits; and
(5)
Any Pinelands development credits allocated to the lot to be developed are reduced pursuant to § 233-84A(4) of this chapter.
R.
Forest Area Density Transfer Program. Residential dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted in the FA-5, FA-20 and FA-WET Districts, provided that:
[Added 6-22-1993 by Ord. No. 1127; amended 2-22-1994 by Ord. No. 1157]
(1)
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
(a)
Five acres if development is proposed in the FA-5 District and all acquired noncontiguous lands are also located in the FA-5 District;
(b)
Seventeen acres if development is proposed in the FA-5 District and all acquired noncontiguous lands are located in the FA-20 District;
(c)
Thirty-seven acres if development is proposed in the FA-5 District and all acquired noncontiguous lands are located in the FA-WET District;
(d)
Twenty acres if development is proposed in the FA-20 District and all acquired noncontiguous lands are also located in the FA-20 District;
(e)
Forty-four acres if development is proposed in the FA-20 District and all acquired noncontiguous lands are located in the FA-WET District; or
(f)
Forty-five acres if development is proposed in the FA-WET District.
(2)
If development is proposed in the FA-5 District, all lands acquired pursuant to Subsection R(1) above, which may or may not be developable, are located within the FA-5, FA-20 or FA-WET Districts;
[Amended 2-22-1994 by Ord. No. 1157]
(3)
If development is proposed in the FA-20 District, all lands acquired pursuant to Subsection R(1) above, which may or may not be developable, are located within the FA-20 or FA-WET Districts;
[Amended 2-22-1994 by Ord. No. 1157]
(4)
If development is proposed in the FA-WET District, all lands acquired pursuant to Subsection R(1) above, which may or may not be developable, are located within the FA-WET District;
[Amended 2-22-1994 by Ord. No. 1157]
(5)
All noncontiguous lands acquired pursuant to Subsection R(1) through (4) above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
[Amended 6-12-2012 by Ord. No. 1851]
(a)
The deed of restriction shall permit the parcel to be managed for:
[1]
Low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of Article X;
[2]
Where agricultural use exists on a parcel to be protected, the following standards shall apply:
[a]
For those agricultural uses in existence as of April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses and the expansion of the area of agricultural use by up to 50%;
[b]
For those agricultural uses established after April 6, 2009, the deed of restriction may provide for the continuation of agricultural uses, provided the agricultural use has been in existence for a period of at least five years prior to submission of an application for density transfer;
[c]
For those agricultural uses established after April 6, 2009, which do not meet the standards of Subsection R(5)(a)[2][b] above, the deed of restriction shall permit the land to be managed only in accordance with Subsection R(5)(a)[1] above and shall not provide for continuation of any agricultural use on the parcel; and
[d]
The deed of restriction to be recorded pursuant to Subsection R(5)(a)[2][a] or [b] above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or 3%, whichever is greater, unless a resource management system plan has been prepared. Before these impervious surface limits may be exceeded, evidence of Pinelands Commission approval of the resource management system plan shall be provided. If the deed of restriction is in favor of Atlantic County or the State Agricultural Development Committee, evidence of their approval shall also be provided.
(b)
The deed of restriction shall be in favor of the parcel to be developed and the Township or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. The deed restriction shall be in a form to be approved by the Township Solicitor and the Pinelands Commission.
(6)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
S.
Rural Development Area Density Program. Residential dwelling units on one-acre lots existing as of January 14, 1981, shall be permitted on existing lots throughout the R5 District, provided that:
[Added 6-22-1993 by Ord. No. 1127; amended 2-22-1994 by Ord. No. 1157]
(1)
The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least 6.0 acres and all acquired noncontiguous lands are also located in the R5 District;
(3)
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
§ 233-84 Pinelands development credits.
A.
Pinelands development credits established.
[Amended 12-9-1986 by Ord. No. 848; 11-9-1988 by Ord. No. 931]
(1)
Except for land which was owned by a public agency on January 14, 1981, land which is thereafter purchased by the state for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement in Subsection A(2) below, every parcel of land in the Preservation Area District or Agricultural Production District shall have a use right known as "Pinelands development credits" that can be used to secure a density bonus for lands located in a Regional Growth District. Pinelands development credits may also be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
[Amended 6-22-1993 by Ord. No. 1127]
(2)
Pinelands development credits are hereby established in the Preservation Area District at the following ratios:
(a)
Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this article: two Pinelands development credits per 39 acres.
[Amended 6-10-1997 by Ord. No. 1302]
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this article: zero Pinelands development credit per 39 acres.
(c)
Other uplands: one Pinelands development credit per 39 acres.
(d)
Wetlands: 0.2 Pinelands development credit per 39 acres.
(3)
Pinelands development credits are hereby established in the Agricultural Production District at the following ratios:
(a)
Uplands which are undisturbed but approved for resource extraction pursuant to this article: two Pinelands development credits per 39 acres.
(b)
Uplands which are mined as a result of a resource extraction permit approved pursuant to this article: zero Pinelands development credit per 39 acres.
(c)
Other uplands and areas of active berry agricultural bogs and fields: two Pinelands development credits per 39 acres.
(d)
Wetlands in active field agriculture use currently and as of February 7, 1979: two Pinelands development credits per 39 acres.
[Amended 6-10-1997 by Ord. No. 1302]
(e)
Other wetlands: 0.2 Pinelands development credit per 39 acres.
(4)
The allocations established at Subsection A(2) and (3) above shall be reduced as follows:
[Amended 4-23-1991 by Ord. No. 1040]
(a)
Any property of 10 acres or less which is developed for a commercial, industrial, resource extraction, intensive recreation, institutional, campground or landfill use shall not receive Pinelands development credit entitlement. For such an approved property of more than 10 acres, the area actively used for such use or 10 acres, whichever is greater, shall not receive Pinelands development credit entitlement.
(b)
The Pinelands development credit entitlement of a parcel of land shall be reduced by 0.25 Pinelands development credit for each existing dwelling unit on the property.
(c)
The Pinelands development credit entitlement for a parcel of land shall be reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit on the parcel retained by the owner of the property pursuant to § 233-84B(7) below or when a variance for cultural housing is approved by the Township pursuant to § 233-83Q of this chapter.
[Amended 6-22-1993 by Ord. No. 1127]
(d)
The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credit for each dwelling unit approved pursuant to N.J.A.C. 7:50-4.61 et seq. when a waiver of strict compliance is granted by the Pinelands Commission.
[Added 6-22-1993 by Ord. No. 1127]
(6)
Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area District or Agricultural Production District as of February 7, 1979, shall be entitled to 0.25 Pinelands development credit, provided that the parcel of land is vacant, was not in common ownership with any contiguous land on or after February 7, 1979, and has not been sold or transferred except to amember of the owner's immediate family.
[Amended 4-23-1991 by Ord. No. 1040; 6-10-1997 by Ord. No. 1302]
(7)
The provisions of Subsection A(6) above shall also apply to owners of record of less than 0.10 acre of land in the Preservation Area District or Agricultural Production District, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to Subsections A(2) and (3) above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre.
[Added 6-10-1997 by Ord. No. 1302]
B.
Limitations on use of Pinelands development credits.
(1)
No Pinelands development credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands development credit certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3 and has deed restricted the use of the land in perpetuity to those uses set forth in Subsection D below by a recorded deed restriction which is in favor of a public agency or not-for-profit incorporated organization and specifically and expressly enforceable by the Pinelands Commission.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302]
(2)
No Pinelands development credit may be used until the Township is presented with a certification by the Commission that the credit has not been utilized in any other municipality in the Pinelands.
(3)
The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the upper limits of the density range of the Regional Growth District in which the property is located.
(4)
No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approving authority with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the approving authority may grant general development plan, preliminary subdivision or preliminary site plan approval conditioned upon such evidence being presented as a prerequisite to final subdivision or final site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of the Pinelands development credit ownership and redemption to secure the same proportion of lots or residential units as was approved for Pinelands development credit use in the preliminary approval or, as appropriate, the general development plan. Notification of any such development approval shall be made to the Pinelands Commission pursuant to § 233-85E and to the New Jersey Pinelands Development Credit Bank in accordance with N.J.A.C. 3:42-3. Redemption of the requisite Pinelands development credits shall occur in accordance with N.J.A.C. 3:42-3.6, prior to the memorialization of the resolution granting final subdivision or site plan approval, or if no such approval is required, prior to the issuance of any construction permits.
[Amended 11-9-1988 by Ord. No. 931; 3-10-1997 by Ord. No. 1302; 12-11-2001 by Ord. No. 1491]
(5)
In the event that preliminary approval is obtained for development involving the use of Pinelands development credits, such approval shall be expressly conditioned upon demonstration of title to the credits at that time of final approval.
(6)
All development involving the use of Pinelands development credits shall be phased so that the credits are utilized at every stage of development on a pro rata basis with those units permitted as a matter of right.
(7)
Notwithstanding the provisions of Subsection B(1) above, an owner of property from which Pinelands development credits are sold may retain a right for residential development on that property, provided that the recorded deed restriction expressly provides for the same and that the total allocation of the Pinelands development credits for that property is reduced by 0.25 Pinelands development credit for each reserved right to build a dwelling unit. Subdivision of the property shall not be required until such time as the residential development right is exercised.
[Added 11-9-1988 by Ord. No. 931; amended 4-23-1991 by Ord. No. 1040]
D.
Recordation of deed restriction. No conveyance, sale or transfer of Pinelands development credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands development credits were obtained, the agency or organization to which the restriction is in favor and the Pinelands Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained. Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses:
[Amended 11-9-1988 by Ord. No. 931; 4-23-1991 by Ord. No. 1040; 6-22-1993 by Ord. No. 1127; 6-12-2012 by Ord. No. 1851; 4-26-2016 by Ord. No. 1941-2016]
(1)
In the Preservation Area District: berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; agricultural employee housing as an accessory use; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; and accessory uses.
(2)
In the Agricultural Production District: agriculture; forestry; low-intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel, and no more than 1% of the parcel will be covered with impervious surfaces; fish and wildlife management; wetlands management; agricultural commercial establishments, excluding supermarkets and restaurants and convenience stores, where the principal goods or products available for sale were produced in the Pinelands and the sales area does not exceed 5,000 square feet; agricultural products processing facilities; airports and heliports accessory to agricultural uses and which are used exclusively for the storage, fueling, loading and operation of aircraft as part of an ongoing agricultural operation; agricultural employee housing as an accessory use; and accessory uses.
(3)
In all other Pinelands area zoning districts: agriculture; forestry; and low-intensity recreational uses.
E.
Use of Pinelands development credits.
[Added 6-22-1993 by Ord. No. 1127]
(1)
Pinelands development credits shall be used in the following manner:
(a)
To permit development of parcels of lands in the PIRD and R Districts according to the density and lot area requirements set forth in § 233-78 of this chapter;
(b)
When a variance of density or minimum lot area requirements for the PIRD, R or R1 Districts is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance;
[Amended 6-10-1997 by Ord. No. 1302]
(c)
When a variance or other approval for a nonresidential use not otherwise permitted in the PIRD or R Districts is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for the Pinelands Development Credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 20 acres in size. This requirement shall not apply to a variance or other approval which authorizes the expansion of or changes to existing nonresidential uses in accordance with N.J.A.C. 7:50-5.2.
[Amended 12-11-2001 by Ord. No. 1491]
(d)
When a variance or other approval for a residential use in the PO, I or GI Districts or in that portion of the HC-1 or HC-2 Districts located in the Regional Growth Area is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size; and for 100% of the authorized units for parcels over 20 acres in size.
[Amended 5-10-1994 by Ord. No. 1166; 12-11-2001 by Ord. No. 1491]
(e)
When a variance for cultural housing is granted by the Township in accordance with § 233-83Q of this chapter;
(f)
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.; and
(g)
When a variance of density or lot area requirements for a residential or principal nonresidential use in a Pinelands Village or Pinelands Town District is granted by the Township, Pinelands development credits shall be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 6-10-1997 by Ord. No. 1302]
(2)
In no case shall a building or construction permit be issued for any development involving the use of PDC's until the developer has provided the Pinelands Commission and the Township with evidence of his ownership of the requisite PDC's and those PDC's have been redeemed with the Township.
§ 233-85 Development procedures.
A.
Applicability of procedures.
(1)
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.
(2)
Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302; 4-26-2016 by Ord. No. 1941-2016]
(a)
The improvement, expansion, or reconstruction within five years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto;
(b)
The improvement, expansion, construction or reconstruction of any structure accessory to a single-family dwelling;
(c)
The improvement, expansion, construction or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
(d)
The construction, repair or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
(e)
The repair of existing utility distribution lines;
(f)
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;
(g)
The clearing of less than 1,500 square feet of land;
(h)
The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:
[1]
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
[2]
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.
(i)
The demolition of any structure less than 50 years old;
(j)
The repair or replacement of any existing on-site waste water disposal system;
(k)
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;
(l)
The clearing of land solely for agricultural or horticultural purposes;
(m)
Fences, provided no more than 1,500 square feet of land is to be cleared;
(n)
Aboveground telephone equipment cabinets;
(o)
Tree pruning;
(p)
The following forestry activities:
[1]
Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;
[2]
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;
[3]
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
[4]
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;
(q)
Prescribed burning and the clearing and maintaining of fire breaks;
(r)
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to N.J.A.C. 7:50-6.24;
(s)
Agricultural resource extraction, provided that:
[1]
All of the removed soil remains in agricultural or horticultural use within the Pinelands Area;
[2]
No more than 2,000 cubic yards of soil per calendar year are removed from any parcel; or
[3]
No more than 20,000 cubic yards of soil per calendar year are removed from any parcel and a farm conservation plan, designed in accordance with the United States Department of Agriculture, Natural Resources Conservation Service New Jersey Field Office Technical Guide, section 4, dated May 2001, incorporated herein by reference, as amended and supplemented, is approved by the Soil Conservation District and submitted to the Pinelands Commission by the owner of the parcel, demonstrating that the proposed resource extraction is for one of the following agricultural purposes:
[a]
Agricultural irrigation ponds;
[b]
Blueberry/cranberry agriculture site preparation and horticulture of other wetland species, provided the activity is located on wetland soils or soil types that are somewhat poorly drained or moderately well drained with a seasonal high water table within 24 inches of the natural surface of the ground, as defined in the applicable county soil survey, published by the United States Department of Agriculture, Natural Resources Conservation Service, as amended and/or supplemented; or
[c]
The off-site removal of overlying soils to access underlying sand for cranberry management practices, provided the quantity of overlying soil removed off-site does not exceed the quantity of underlying sand to be used for the management practices listed in N.J.A.C. 7:50-6.55(a)4 and the quantity of overlying soil removed off-site does not exceed that reasonably necessary to provide access to underlying sand to be utilized within a three-year period.
(t)
The installation of an accessory solar energy facility on any existing structure or impervious surface;
(u)
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 Commission pursuant to N.J.A.C. 7:50-5.4(c)6;
(v)
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed; and
(w)
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.
(3)
The exceptions contained in Subsection A(2) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
(4)
Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.
B.
Special requirements for minor development.
(1)
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 or shall provide a notice of filing.
(2)
Any application for approval of minor development shall include the following information in addition to that which may be required by other provisions of this chapter or other ordinances:
[Amended 11-9-1988 by Ord. No. 931]
(a)
The applicant's name and address and his interest in the subject property.
(b)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.
(c)
The legal description, including block and lot designation and street address, if any, of the subject property.
(d)
A description of all existing uses of the subject property.
(e)
A brief written statement generally describing the proposed development.
(f)
A United States Geological Survey 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.
(g)
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:
[1]
On-site treatment facilities: location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
[2]
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 § 233-83F.
(h)
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.
(i)
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.
(j)
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.
(k)
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.
C.
Other application requirements; certificate of filing.
[Amended 11-9-1988 by Ord. No. 931]
(1)
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:
(a)
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.
(2)
Any application for approval of forestry operations shall be subject to the requirements of § 233-83D(1).
(3)
Any application for approval of resource extraction operations shall be subject to the requirements of § 233-83K(1).
D.
Reference of applications to Environmental Commission. All applications for development approval shall be referred to the Environmental Commission for review and comment.
E.
Notices to the Pinelands Commission.
[Amended 11-9-1988 by Ord. No. 931; 6-10-1997 by Ord. No. 1302; 12-9-1986 by Ord. No. 848; 11-9-1988 by Ord. No. 931; 4-22-2003 by Ord. No. 1531; 4-26-2016 by Ord. No. 1941-2016; Ord. No. 2006-2019]
(1)
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:
(a)
The name and address of the applicant.
(b)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.
(c)
The date, time and location of the meeting, hearing or other formal proceeding.
(d)
The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding.
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.
(f)
The purpose for which the meeting, hearing or other formal proceeding is to be held.
(2)
Application submission and modifications. Written notification will 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 a Township approval agency that the application has been modified (in accordance with N.J.A.C. 7:50-4.35). Said notice shall contain:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop.
(c)
A brief description of the proposed development, including uses and intensity of uses proposed.
(d)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.
(e)
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.
(f)
The approval agency with which the application or change thereto was filed.
(g)
The content of any change made to the application since it was filed with the Commission.
(h)
The nature of the municipal approval or approvals being sought.
(3)
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:
(a)
The name and address of the applicant.
(b)
The legal description and street address, if any, of the parcel that the applicant proposes to develop.
(c)
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued.
(d)
The date on which the approval or denial was issued by the approval agency.
(e)
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission.
(f)
Any revisions to the application not previously submitted to the Commission.
(g)
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.
F.
Review by Pinelands Commission.
(1)
Upon receipt by the Pinelands Commission of the notice of approval pursuant to Subsection E(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.47 through N.J.A.C. 7:50-4.53. 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.
[Amended 11-9-1988 by Ord. No. 931]
(2)
No development pursuant to any Township approval shall be carried out prior to the fifteen-day review period for final approvals or the thirty-day review period for preliminary approvals, within which time the Pinelands Commission may notify the applicant and the Township that the application for development will be reviewed by the Commission. For purposes of this section, the time period shall begin on receipt by the Commission of the appropriate notice of approval.
(3)
Lots in subdivision which obtained Pinelands development approval from the Pinelands Commission and received all necessary local approvals prior to the certification of this chapter by the Pinelands Commission (March 6, 1987) shall be exempt from the lot size requirements of this chapter.
[Amended 6-22-1993 by Ord. No. 1127]
(4)
Pursuant to N.J.A.C. 7:504.1(b) and until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the Interim Rules and Regulations shall serve as the basis for Pinelands Commission review of local approval under this section.
[Added 11-9-1988 by Ord. No. 931]
G.
Condition on prior approvals by Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development approval shall be obtained until one of the following is satisfied:
(1)
Notification is received from the Pinelands Commission that review of the Townships' approval is not required.
(2)
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.47 through N.J.A.C. 7:50-4.52, and a final order regarding the approval is received by the Township from the Pinelands Commission.
[Amended 11-9-1988 by Ord. No. 931]
H.
Effect of Pinelands Commission's decision on Township's approval. 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 of the Commission's action, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approved 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. Any such callup by the Pinelands Commission shall be based on specific standards in or substantial issues raised regarding the Township Zoning Code or the CMP.
[Amended 11-9-1988 by Ord. No. 931]
I.
Participation of Pinelands Commission in public hearings. The Pinelands Commission may participate in a hearing held in the Township involving the development of land in the Pinelands Area pursuant to N.J.A.C. 7:50-4.46.
[Amended 11-9-1988 by Ord. No. 931]
J.
Public development. 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. 7:5-4.51 et seq. and all the standards set forth in this chapter.
K.
Amendments. In amending this chapter, the Township Master Plan or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.