Maurice River City Zoning Code
ARTICLE 35
10 Special Procedures Regarding Development in the Pinelands Protection Area
§ 35-10.1 APPLICABILITY.
A.
In addition to other development review procedures of the Township set forth in this chapter, all development located within the Pinelands Protection Area, shall comply with the procedures set forth in this Article.
B.
Except as provided in Section 35-10.1C below, the following shall not be subject to the procedures set forth in this Article:
1.
The improvement, expansion, or reconstruction within five (5) years of destruction or demolition, of any single-family dwelling unit or appurtenance thereto;
2.
The improvement, expansion, construction, or reconstruction of any structure accessory to a single-family dwelling;
3.
The improvement, expansion, construction, or reconstruction of any structure used exclusively for agricultural or horticultural purposes;
4.
The construction, repair, or removal of any sign, except for the construction or replacement of any off-site commercial advertising sign;
5.
The repair of existing utility distribution lines;
6.
The clearing of less than one-thousand five hundred (1,500) square feet of land;
7.
The construction of any addition or accessory structure for any nonresidential use or any multi-family residential structure provided that:
a.
If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than four thousand nine hundred ninety-nine (4,999) square feet; and
b.
If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and will cover an area of no more than one thousand (1,000) square feet.
[Ord. No. 658-2017 § 3]
8.
The demolition of any structure that is less than fifty (50) years old;
9.
The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approval and permits;
10.
The repair or replacement of any existing on-site wastewater disposal system;
11.
The repaving of existing paved roads and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
[Ord. No. 658-2017 § 3]
12.
The clearing of land solely for agricultural or horticultural purposes.
[Ord. No. 658-2017 § 3]
13.
Fences, provided no more than one thousand five hundred (1,500) square feet of land is to be cleared;
14.
Above-ground telephone equipment cabinets;
15.
Tree pruning;
16.
The following forestry activities:
a.
Normal and customary forestry practices on residentially improved parcels of land that are five (5) acres or less in size;
b.
Tree harvesting, provided that no more than one cord of wood per five (5) 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 (1) year;
c.
Tree planting, provided that the area to be planted does not exceed five (5) 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 improvements designed to selectively thin trees and brush, provided that no clearing or soil disturbance occurs and that the total land area on the parcel on which the activity occurs does not exceed five (5) acres in any one (1) year;
17.
Prescribed burning and the clearing and maintaining of fire breaks; or
18.
Normal and customary landscape plantings, unless a landscaping plan is required pursuant to Section 35-11.4AA6 or Section 35-13.11D2c of this chapter.
19.
The installation of an accessory solar energy facility on any existing structure or impervious surface.
[Ord. No. 658-2017 § 3]
20.
The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
[Ord. No. 658-2017 § 3]
21.
The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
[Ord. No. 658-2017 § 3]
22.
The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
[Ord. No. 658-2017 § 3]
C.
The exceptions contained in Section 35-10.1B herein above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.
D.
Nothing herein shall preclude any local or State agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this Section.
[Ord. No. 658-2017 § 3]
§ 35-10.2 APPLICATION REQUIREMENTS FOR MINOR DEVELOPMENT.
A.
Any application for approval of minor development shall include at least the following information:
1.
The applicant's name and address and his interest in the subject property;
2.
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
3.
The legal description, including block and lot designation and street address, if any, of the subject property;
4.
A description of all existing uses of the subject property;
5.
A brief written statement generally describing the proposed development;
6.
A USGS Quadrangle map, or legible copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;
7.
A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:
a.
On-site treatment facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and
b.
Soil borings and percolation tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Section 35-11.4AC;
8.
A location map, including the are extending at least three hundred (300) feet beyond each boundary of the subject property, showing the ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;
9.
A soils map including a County soils survey which conforms to the guidelines of the U.S. Department of Agriculture Soil Conservation Service, showing the location of all proposed development;
10.
A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;
11.
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
B.
Procedures for applications for the development of a single-family dwelling.
1.
The Zoning Officer is hereby authorized and directed to issue preliminary zoning permits as a prerequisite to the issuance of a construction permit or other permits or approvals which are needed to develop a single-family dwelling on an existing lot of record within the Pinelands Area of Maurice River Township.
2.
Application for a preliminary zoning permit.
a.
An application for a preliminary zoning permit shall be submitted to the Zoning Officer and shall include the following:
(1)
The applicant's name and address and his interest in the subject property;
(2)
The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate, and that duly authorized representatives of the Township of Maurice River and Pinelands Commission are authorized to inspect the property;
(3)
The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;
(4)
The street address, if any, the tax map sheet and block and lot number of the property;
(5)
Proof that taxes for the property have been paid;
(6)
Acreage of the property in square feet;
(7)
A dated plot plan, with the scale noted, showing:
(a)
The zoning district in which the property is located;
(b)
The location and dimensions of all property lines, easements affecting the property and streets abutting the property;
(c)
The location of all yards and setbacks required pursuant to the Schedule of District Regulations;
(d)
The location and use of all existing structures and improvements on the property and their intended disposition;
(e)
A building envelope within which the single-family dwelling is to be located;
(f)
The location and dimensions of the proposed driveway;
(g)
The location and dimensions of any proposed accessory structures or improvements;
(h)
The location and dimensions of that area in which any sewage disposal system, including the disposal field, is proposed to be located; and
(i)
The location of any proposed water supply well.
b.
The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with the Land Development Regulations Chapter. Such may include, but is not limited to, a soil boring in the area of any proposed sewage system disposal field, a wetlands and wetlands buffer map and information to determine compliance with any permitted use requirements of this Land Development Regulations Chapter.
c.
The Zoning Office is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with this Land Development Regulations Chapter.
d.
Within fourteen (14) days of receipt of an application, the Zoning Officer shall determine whether the application is complete and, if necessary, notify the applicant of any additional information which is necessary to complete the application.
3.
Permit decisions. Within fourteen (14) days of determining an application to be complete, the Zoning Officer shall issue either a preliminary zoning permit or a refusal to issue a preliminary zoning permit.
4.
Preliminary zoning permit.
a.
A preliminary zoning permit shall be issued if:
(1)
The application is consistent with the requirements of the Land Development Regulations Ordinance or any necessary variance from those requirements has been obtained;
(2)
No Waiver of Strict Compliance from the requirements of the Pinelands Comprehensive Management Plan is necessary or any such Waiver has been approved by the Pinelands Commission; and
(3)
A duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.
b.
A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with the Land Development Regulations Chapter, and shall specify the expiration date of the permit.
c.
The Zoning Officer shall provide copies of the application and the preliminary zoning permit to the Pinelands Commission within five (5) days of the issuance of the permit.
5.
Effect of preliminary zoning permit.
a.
A preliminary zoning permit represents a determination that the application meets the requirements of this Land Development Regulations Chapter and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
b.
A preliminary zoning permit shall be valid for two (2) years and shall, during that period, confer the following rights and privileges:
(1)
The approved application shall not be subject to any substantive revisions of the Land Development Regulations Chapter of Maurice River Township or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2)
Any subsequent approvals necessary for the development of the single-family dwelling on the property may be sought without the need for a certificate of filing from the Pinelands Commission.
6.
Refusal to issue preliminary zoning permit.
a.
The Zoning Officer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:
(1)
A variance from the Land Development Regulations Chapter of Maurice River Township is required;
(2)
A variance from the Land Development Regulations Chapter of Maurice River Township is not required but the Zoning Officer determines that the application does not meet any requirements of the Land Development Regulations Chapter that reflects a provision of the Pinelands Comprehensive Management Plan;
(3)
A Waiver of Strict Compliance from the Pinelands Comprehensive Management Plan is required; or
(4)
The duly authorized representative of the Pinelands Commission has not attested to the consistency of the application with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
b.
A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from the Township's Land Development Regulations Chapter, the refusal shall also indicate that upon the applicant's submission of evidence of Planning Board approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Section 35-10.2B4, above.
c.
When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from the Land Development Regulations Chapter, the Zoning Officer shall provide a copy of the application and the refusal to the Pinelands Commission within five (5) days of the issuance.
d.
When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsections B6a(2), B6a(3) or B6a(4) above, the Zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five (5) days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq., and Section 35-10.4 through Section 35-10.7 of the Land Development Regulations Chapter of Maurice River Township. In lieu of a preliminary zoning permit, a certificate of filing from the Pinelands Commission shall thereafter be required as a prerequisite to the issuance of a construction or other permit.
7.
Zoning Officer and Assistant Zoning Officer vacancy. Should the position of the Zoning Officer and the Assistant Zoning Officer become vacant for any reason, the application procedures set forth in Section 35-10.2B shall be of no force or effect and the procedures of Section 35-10.2A and Section 35-10.4 through Section 35-10.7 shall apply until one or both of the positions for Zoning Officer and Assistant Zoning Officer have been filled.
§ 35-10.3 APPLICATION REQUIREMENT FOR OTHER DEVELOPMENTS.
A.
All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in N.J.A.C. 7:50-4.2(b) 5, as well as the following:
1.
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and
B.
Any application for approval of forestry operations shall be subject to the requirements of N.J.A.C. 7:50-4.2(b) 6.
§ 35-10.4 NOTICES TO THE PINELANDS COMMISSION.
[Ord. No. 658-2017 § 4]
A.
Application submission and modification. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:
[Amended 2-21-2019 by Ord. No. 681]
1.
The name and address of the applicant;
2.
The legal description and street address, if any, of the parcel that the applicant proposes to develop;
3.
A brief description of the proposed development, including uses and intensity of uses proposed;
4.
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
5.
The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;
6.
The approval agency with which the application or change thereto was filed;
7.
The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and
8.
The nature of the municipal approval or approvals being sought.
B.
Hearing. 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:
[Amended 2-21-2019 by Ord. No. 681]
1.
The name and address of the applicant;
2.
The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
3.
The date, time and location of the meeting, hearing, or other formal proceeding;
4.
The name of the approval agency or representative thereof that will be conducting the meeting, hearing, or other formal proceeding;
5.
Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and
6.
The purpose for which the meeting, hearing or other formal proceeding is to be held.
C.
Notice of approvals and denials.
[Amended by Ord. No. 658-2017; 2-21-2019 by Ord. No. 681]
1.
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; and
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.
2.
Where an appeal of a decision is made to the governing body, applicant shall notify the Pinelands Commission by email or regular mail of the decision of the governing body within five days following the decision on such an appeal. Such notification shall contain the information set forth in § 35-10.4C1 above.
D.
Condition on prior approvals by the 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 Township's approval is not required; or
2.
Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through 7:50-4.42 and a final order regarding approval is received by the Township from the Pinelands Commission.
§ 35-10.5 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 Protection Area pursuant to N.J.A.C. 7:50-4.36.
§ 35-10.6 REVIEW BY PINELANDS COMMISSION.
Upon receipt of the notice of approval by the Pinelands Commission pursuant to Section 35-10.4 above, the Executive Director shall determine whether the application for development approval shall be reviewed by the Commission in accordance with the provisions of N.J.A.C. 7:50-4.37 through 4.43. No development shall be carried out prior to the Executive Director determining whether the development approval will be reviewed by the Commission. If the Executive Director notifies the applicant of the decision to have the Commission review the application for development, no development shall be carried out until such review has been completed. Pursuant to N.J.A.C. 7:50-4.1(b) and until January 14, 1991, approval 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. 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. Except as provided in Section 35-10.2B, the requirements of this Section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
§ 35-10.7 EFFECT OF PINELANDS COMMISSION'S DECISION UPON TOWNSHIP APPROVAL.
If the Pinelands Commission disapproved an application for development previously approved by an approving authority, such approval shall be revoked by the approving authority within thirty (30) days of the Commission's action and the approving authority shall thereafter deny approval of the application. If the Commission approves the decision of an approving authority subject to conditions, the approving authority which had previously approved the application shall, within thirty (30) days, modify its approval to include all conditions imposed by the Commission; and if final approval of the application is required, shall grant final approval only if the application for approval demonstrates that the conditions specified by the Commission have been met by the applicant. Except as provided in Section 35-10.2B of this chapter, the requirements of this Section shall not apply to the issuance of a preliminary zoning permit or a refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record.
§ 35-10.8 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. 7:50-4.51 et seq.
§ 35-10.9 DENSITY TRANSFER PROGRAM.
[Ord. No. 620 §§ 15, 16]
A.
Rural Development Area. Single-family, detached dwelling units on lots of at least one (1) acre in size existing as of January 14, 1981 shall be permitted in all PRDA-C and PRDA-R zoning districts, provided that:
1.
The owner of the lot proposed for development acquires sufficient contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
a.
Five (5) acres if development is proposed in the PRDA-R zoning district and all acquired noncontiguous lands are also located in the PRDA-R zoning district; or
b.
Thirteen (13) acres if development is proposed in the PRDA-R zoning district and all acquired noncontiguous lands are located in the PRDA-C zoning district; or
c.
Fifteen (15) acres if development is proposed in the PRDA-C zoning district.
2.
If development is proposed in the PRDA-R zoning district, all lands acquired pursuant to Subsection A1 above, which may or may not be developable, are located within those PRDA-R or PRDA-C zoning districts;
3.
If development is proposed in the PRDA-C zoning district, all lands acquired pursuant to Subsection A1 above, which may or may not be developable, are located within those PRDA-C zoning district;
4.
All noncontiguous lands acquired pursuant to Subsections A1 through 3 above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
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 five percent (5%) of the land may be cleared, no more than one percent (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 this chapter;
(2)
Where agricultural use exists on a parcel proposed 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 fifty percent (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 (5) 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 A4a(2)(b) above, the deed of restriction shall permit the land to be managed only in accordance with Subsection (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 A4a(2)(a) or (b) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent (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 Cumberland 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 in a form to be approved by the Township Solicitor and the Pinelands Commission. Said deed of restriction shall also set forth and include the lands to be developed with the mutual restrictions that any sale or conveyance of either the lands to be developed or the non-contiguous lands shall include the sale or conveyance of the other.
5.
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
B.
Forest Area. Single-family, detached dwelling units on lots of at least one (1) acre in size existing as of January 14, 1981 shall be permitted in the PC and PR zoning districts, provided that:
1.
The owner of the lot proposed for development acquires sufficient contiguous or noncontiguous land which, when combined with the acreage of the lot proposed for development, equals at least the following:
a.
Five (5) acres if development is proposed in the PR zoning district and all acquired noncontiguous lands are also located in the PR zoning district;
b.
Twenty-one (21) acres if development is proposed in the PR zoning district and all acquired noncontiguous lands are located in the PC zoning district; or
c.
Twenty-five (25) acres if development is proposed in the PC zoning district.
2.
If development is proposed in the PR zoning district, all lands acquired pursuant to Subsection B1 above, which may or many not be developable are located within the PR or PC zoning districts;
3.
If development is proposed in the PC zoning district, all lands acquired pursuant to Subsection B1 above, which may or may not be developable, are located within the PC zoning districts;
4.
All noncontiguous lands acquired pursuant to Subsections B1 through 3 above shall be permanently protected through recordation of a deed of restriction in accordance with the following requirements:
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 five percent (5%) of the land may be cleared, no more than one percent (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 this chapter;
(2)
Where agricultural use exists on a parcel proposed 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 fifty percent (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 (5) 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 B4a(2)(b) above, the deed of restriction shall permit the land to be managed only in accordance with Subsection B4a(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 B4a(2)(a) or (b) above shall authorize agricultural uses and provide that impervious surface may not exceed that which currently exists or three percent (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 Cumberland 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 in a form to be approved by the Township Solicitor and the Pinelands Commission. Said deed of restriction shall also set forth and include the lands to be developed with the mutual restrictions that any sale or conveyance of either the lands to be developed or the non-contiguous lands shall include the sale or conveyance of the other.
5.
Tax assessments for the acquired noncontiguous lands are combined and assigned to the land to be developed; and
§ 35-10.10 PINELANDS DEVELOPMENT CREDITS.
A.
Pinelands development credits may be allocated to certain properties in the Township by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
B.
Pinelands development credits may be used in the Township in the following circumstances:
1.
When a variance for cultural housing is granted by the Township in accordance with Section 35-9.10 of this chapter;
2.
When a variance of density or minimum lot area requirements for a residential or principal nonresidential use in the PMH, PVC-3, PVC-5 and PVB or PVHB zoning districts 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; and
3.
When a waiver of strict compliance is granted by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.61 et seq.
C.
The requirements of N.J.A.C. 7:50-5.41 et seq. shall apply when Pinelands development credits are either allocated or used in the Township.