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Lakehurst City Zoning Code

§ 25-4.3

Exempt Development.

[Ord. No. 11/78; Ord. No. 5/24/82; Ord. No. 12/82 § IV; Ord. No. 7/20/89 § 4]
a. 
Subdivisions and Lot Consolidations. Divisions of land not considered a subdivision as defined below shall be exempt from compliance with the requirements of this chapter. Such divisions shall include: the division of land for agricultural purposes where all resulting parcels are five acres or larger in size; divisions by testamentary or intestate provisions; divisions of property by Court Order; and conveyances so as to combine existing lots by deed or other instrument, as the case may be. It shall be permissible to consolidate contiguous tax lots if the lots were created under the “Map Filing Law”, through subdivisions for agricultural purposes or through deed or through creation of separate lots by deed by filing a written request with the Municipal Engineer requesting a change in the tax map and authorizing such a change and the reasons for same. A fee of $25 payable to the Borough, to defray the cost with a copy of the written request shall be submitted to the Administrative Officer.
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 this chapter and are shown and designated as separate lots, tracts or parcels on the tax maps of the Borough, shall not be considered a subdivision under this chapter.
b. 
Site Plans. Site plan approval by the approving authority shall not be required for individual single family and two family dwellings as well as accessory buildings to agricultural and horticultural uses, unless such uses are located in a flood hazard area or involve a home occupation. Building alterations which do not involve a change in use, additional parking, or additional building area shall be exempt. Changes in use which do not require additional parking shall be exempt.
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, shall be exempt provided that the commercial underground installation of fuel oil tanks or tanks for the storage of flammable or combustible liquids or materials shall have been approved by the Lakehurst Borough Fire Department.
c. 
Pinelands Area. Notwithstanding the above, an application for development within the Pinelands Area shall be required to adhere to the requirements of subsection 25-4.7.