[Amended 1-31-1977 by Ord. No. 1-1977]

It shall be the duty of the Construction Official and Zoning Officer of Pemberton Township to administer and enforce the provisions of this chapter. No structure shall be erected until a construction permit is obtained from the Construction Official and no structure or lot shall be used in violation of this chapter. It shall be the duty of the Construction Official to keep a record of all applications and all construction permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the township public records. A monthly report of construction permits issued shall be filed with the Tax Assessor. It shall be the duty of the Zoning Officer to inspect the structures and land in the township and order the owner in writing to remedy any condition found to exist in violation of any provision(s) of this chapter.

[Amended 5-30-1979 by Ord. No. 8-1979; 8-6-1982 by Ord. No. 16-1982]

Every application for a construction permit shall be accompanied by three sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon; the exact location, size and height of all existing and proposed structure(s); the existing or intended use of each structure; the number of dwelling units the structure is designed to accommodate; the number and location of off-street parking spaces and off-street loading areas; and within the Pinelands Area, wetlands delineation and soil borings and such other information with regard to the structures, lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter, the Building Code and all other applicable codes and ordinances for the township. The Construction Official shall not consider the submitted application for a construction permit to construct the proposed structure(s) until he has received a written report from the Planning Board or Zoning Board of Adjustment stating that the subdivision or site plan in which said structure is located has been approved or until the legal time period for action by the Board has expired. Within the Pinelands Area, the Construction Official shall not issue a construction permit until the requirements of § 190-66 have been met.

A. It shall be unlawful to use or permit the use of any structure or part thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official. It shall be the duty of the Construction Official to issue a certificate of occupancy only when he is satisfied that the structure or part thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the township.

B. A certificate of occupancy shall be granted or denied in writing within 10 days from the date that a written notification is filed with the Construction Official that the erection of the structure is completed, unless additional time is agreed upon by the applicant in writing. A fee established by resolution of the Township Council shall be charged for issuance of each certificate of occupancy and each moving permit.

C. Should the Construction Official decline to issue a certificate of occupancy, his reasons for doing so shall be so stated on two copies of the application and one copy shall be returned to the applicant.

D. Revocation. Upon notice being served of any condition found to exist in violation of any provision(s) of this chapter with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void and a new certificate of occupancy shall be required for any further use of such structure or land.

E. Filing. A monthly report of the certificates of occupancy issued shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Official and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by resolution of the Township Council, except that there shall be no charge to a municipal agency.

[Added 8-6-1982 by Ord. No. 16-1982; amended 5-6-1983 by Ord. No. 7-1983; 4-6-1989 by Ord. No. 11-1989]

A. Applicability.

(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, in addition to other development review procedures of the Township of Pemberton.

(2) Except as provided in Subsection A(3) below, the following shall not be subject to the procedures set forth in this section:

(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. [Amended 4-3-1997 by Ord. No. 1-1997]

(f) The clearing of less than 1,500 square feet of land.

(g) The construction of any addition or accessory structure for any nonresidential use or any multifamily residential structure, provided that said addition or structure will be located on or below an existing impermeable surface, that the existing use is served by public sewers and that said addition or structure will cover an area of no more than 1,000 square feet.

(h) The demolition of any structure that is less than 50 years old.

(i) The installation of utility distribution lines, except for sewage lines, to serve areas which are effectively developed or development which has received all necessary approvals and permits. [Added 4-3-1997 by Ord. No. 1-1997]

(j) The repair or replacement of any existing onsite wastewater disposal system. [Added 4-3-1997 by Ord. No. 1-1997]

(k) The repaving of existing paved roads, provided that no increase in the paved width of said roads will occur. [Added 4-3-1997 by Ord. No. 1-1997]

(l) The clearing of land solely for agricultural purposes. [Added 4-3-1997 by Ord. No. 1-1997]

(m) Fences, provided no more than 1,500 square feet of land is to be cleared. [Added 4-3-1997 by Ord. No. 1-1997]

(n) Aboveground telephone equipment cabinets. [Added 4-3-1997 by Ord. No. 1-1997]

(o) Tree pruning. [Added 4-3-1997 by Ord. No. 1-1997]

(p) [Added 4-3-1997 by Ord. No. 1-1997] 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.

[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. [Added 4-3-1997 by Ord. No. 1-1997]

(r) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to 190-50C(3). [Added 4-3-1997 by Ord. No. 1-1997]

(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 receiving, 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. Application requirements for minor development. 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 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.

(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.

(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 and 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 190-50H.

(8) A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads.

(9) A soils map, including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development.

(10) A map showing existing vegetation, identifying predominant vegetation types in the area and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development.

(11) A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the interim rules and regulations.

(12) When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to § 190-66E below.

(13) In lieu of Subsection B(1) through (12) above, the application requirements of § 190-66.1 shall apply to applications for the development of a single-family dwelling on an existing lot of record. [Added 8-7-1997 by Ord. No. 19-1997]

C. Application requirements for other development. All applications for major development, other than forestry 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.

(2) When prior approval for the development has been granted by the approval agency, evidence of Pinelands Commission review pursuant to § 190-66E below.

D. Notices to the Pinelands Commission.

(1) Application submission and modifications. Written notification will be given by the township to the Pinelands Commission within seven days after a determination is made by the township that an application for development is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:

(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 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.

(d) Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission.

(e) The content of any change made to the application since it was filed with the Commission, including a copy of any revised plan or reports.

(f) The nature of the municipal approval being sought.

(2) Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting or hearing. 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 which 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 which have not been previously submitted to the Commission.

(f) The purpose for which the meeting, hearing or other formal proceeding is to be held.

(3) Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals or 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, give notice by certified 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 property which 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 if any.

(d) The date on which the approval agency's approval or denial was issued.

(e) Any written reports or comments received concerning the application for development approval not 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 which was granted.

(h) The names and addresses of all persons who actively participated in the proceedings.

(4) Except as provided in § 190-66.1, the requirements of § 190-66D 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. [Added 8-7-1997 by Ord. No. 19-1997]

E. Review by the Pinelands Commission.

(1) Upon receipt by the Pinelands Commission of a notice of approval pursuant to § 190-66D(3) above, the application for development approval shall be reviewed in accordance with the provisions in N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42. The approval of the township shall not be effective and no development shall be carried out prior to a determination of whether the development approval will be reviewed by the Commission. If the applicant is notified that the Commission will review the application for development, no development shall be carried out until such review has been completed.

(2) Until January 14, 1991, approvals issued by the Pinelands Development Review Board or the Pinelands Commission under the interim rules and regulations shall serve as the basis for Pinelands Commission review of the local approval under this section.

(3) 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.

(4) Except as provided in § 190-66.1, the requirements of § 190-66E 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. [Added 8-7-1997 by Ord. No. 19-1997]

F. Condition on prior approvals of 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.

(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 the approval is received by the township from the Pinelands Commission.

G. Effect of Pinelands Commission decision on township 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, and the agency shall thereafter deny approval of the application. If the Commission approves the decision of an approval 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.

H. Environmental Commission review. All applications for major development and forestry operations shall be referred to the Environmental Commission for review and comment.

I. Amendments. In amending the township's Master Plan, this chapter or Chapter 159 of the Code of the Township of Pemberton, the township shall comply with all of the requirements of N.J.A.C. 7:50-3.45.

[Added 8-7-1997 by Ord. No. 19-1997]

A. 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.

B. Applications for a preliminary zoning permit.

(1) An application for a preliminary zoning permit shall be submitted to the Zoning Officer and shall include the following:

(a) The applicant's name and address and his interest in the subject property.

(b) The applicant's signed certification that he is duly authorized to submit the application, that the materials and information are accurate and that duly authorized representatives of the Township of Pemberton and Pinelands Commission are authorized to inspect the property.

(c) The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application.

(d) The street address, if any, the Tax Map sheet and block and lot number of the property.

(e) Proof that taxes for the property have been paid.

(f) Acreage of the property in square feet.

(g) A dated plot plan, with the scale noted, showing:

[1] The zoning district in which the property is located.

[2] The location and dimensions of all property lines, easements affecting the property and streets abutting the property.

[3] The location of all yards and setbacks required pursuant to the Schedules of Area and Yard Requirements

[4] The location and use of all existing structures and improvements an the property and their intended disposition.

[5] A building envelope within which the single-family dwelling is to be located.

[6] The location and dimensions of the proposed driveway.

[7] The location and dimensions of any proposed accessory structures or improvements.

[8] The location and dimensions of the area in which any sewage disposal system, including the disposal field, is proposed to be located.

[9] The location of any proposed water supply well.

(h) If proposed, certification that central sewer and/or water service are available.

(i) If development of the property is proposed in accordance with the density transfer program of § 190-50R, the street address, if any, the Tax Map sheet, block and lot number and acreage in square feet of the noncontiguous property.

(2) The Zoning Officer is authorized to require such additional information as may be necessary to determine compliance with Chapter 190. Such may include, but is not limited to, a soil boring in the area of any proposed septage system disposal field, a wetland and wetland buffer map and information to determine compliance with any permitted use requirement of Chapter 190.

(3) The Zoning Officer is authorized to waive any of the aforementioned application requirements if the information is not necessary to determine compliance with Chapter 190.

(4) Within 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.

C. Permit decisions. Within 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.

D. Preliminary zoning permit.

(1) A preliminary zoning permit shall be issued if:

(a) The application is consistent with the requirements of Chapter 190 or any necessary variance from those requirements has been obtained.

(b) 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.

(c) A duly authorized representative of the Pinelands Commission approves the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.

(2) A preliminary zoning permit shall expressly incorporate the plot plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with Chapter 190 and shall specify the expiration date of the permit.

(3) The Zoning Officer shall provide copies of the application and the preliminary zoning permit to the Pinelands Commission within five days of the issuance of the permit.

E. Effect of preliminary zoning permit.

(1) A preliminary zoning permit represents a determination that the application meets the requirements of Chapter 190 and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.

(2) A preliminary zoning permit shall be valid for two years. During that two-year period, 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.

(3) Any subsequent approvals to be sought, including but not limited to construction permits, shall be subject to the notice, review and decisions requirements of § 190-66D through G.

F. Refusal to issue preliminary zoning permit.

(1) The Zoning Officer shall issue a refusal to issue a preliminary zoning permit if any of the following are found to apply:

(a) A variance from Chapter 190 of the Code of Pemberton Township is required.

(b) A variance from Chapter 190 of the Code of Pemberton Township is not required, but the Zoning Officer determines that the application does not meet any requirement of Chapter 190 that reflects a provision of the Pinelands Comprehensive Management Plan.

(c) A waiver of strict compliance from the Pinelands Comprehensive Management Plan is required.

(d) 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.

(2) A refusal to issue a preliminary zoning permit shall expressly reference the reasons why the refusal was issued. If the refusal is predicated solely upon the need to obtain a variance from Chapter 190, the refusal shall also indicate that, upon the applicant's submission of evidence of Planning Board or Board of Adjustment approval of the necessary variance, the Zoning Officer shall determine whether a preliminary zoning permit may be issued pursuant to Subsection D above.

(3) When a refusal to issue a preliminary zoning permit is predicated solely upon the need to obtain a variance from Chapter 190, the Zoning Officer shall provide a copy of the application and the refusal to the Pinelands Commission within five days of the issuance.

(4) When a refusal to issue a preliminary zoning permit is predicated wholly or in part upon Subsection F(1)(b), (c) or (d) above, the zoning Officer shall provide the original application and a copy of the refusal to the Pinelands Commission within five days of the issuance. The Pinelands Commission shall thereafter process the application pursuant to the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq., and § 190-66 of the Code of Pemberton 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.

G. Zoning Officer vacancy, Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in § 190-66.1 shall be of no force or effect, and the procedures of 190-66 shall apply until the position has been filled.