§ 40-40. Notice of hearings and meetings.
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A. Not less than five (5) days prior to any hearing, public meeting or other formal proceeding at which an application for development within the Pinelands Area of the township is to be considered by the township, notification shall be given to the Pinelands Commission by regular mail or delivery of same to the principal office of the Commission. The notice shall contain at least the following information:
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(1) The name and address of the applicant.
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(2) The docket number, if any, issued by the Executive Director and the date on which it was issued. [Amended 2-23-83 by Ord. No. 0-3-83]
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(3) The date, time and location of the meeting, hearing or other formal proceeding.
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(4) The name of the local permitting agency or representative thereof which will be conducting the meeting, hearing or other formal proceeding.
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(5) Any written reports or comments received by the local permitting agency on the application for development which have not been submitted previously to the Commission.
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(6) The purpose for which the meeting, hearing or other formal proceeding is to be held.
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B. The Pinelands Commission may participate in any hearing, meeting or formal proceeding regarding an application for development within the Pinelands Area of the township. [Amended 2-23-83 by Ord. No. 0-3-83]
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§ 40-41. Notice of local decisions or approvals.
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A. [Amended 5-24-89 by Ord. No. 0-27-89] Application submission and modifications. Written notification will be given by the township to the Pinelands Commission within seven (7) days after a determination is made by the township that an application for development is complete or if a determination is made by the township approval agency that the application has been modified. Said notice shall contain:
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(1) The name and address of the applicant;
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(2) The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued;
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(3) The date on which the application, or any change thereto, was filed and any docket number or other identifying number assigned to the application by the approval agency;
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(4) Any written reports or comments received by the approval agency on the application for development which have not been previously submitted to the Commission;
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(5) 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; and
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(6) The nature of the municipal approval being sought.
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B. [Amended 2-23-83 by Ord. No. 0-3-83; 5-24-89 by Ord. No. 0-27-89] Notice of approvals and denials. The Pinelands Commission shall be notified of all approval 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 (5) days of the approval give notice by certified mail to the Pinelands Commission. Such notice shall contain the following information:
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(1) The name and address of the applicant;
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(2) The legal description and street address, if any, of the property which the applicant proposes to develop;
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(3) The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued, if any;
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(4) The date on which the approval agency's approval or denial was issued;
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(5) Any written reports or comments received concerning the application for development approval not previously submitted;
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(6) Any revisions to the application not previously submitted to the Commission;
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(7) A copy or one resolution, permit, or other documentation of the approval or denial which was granted; and
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(8) The names and addresses of all persons who actively participated in the proceedings.
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C. [Amended 2-23-83 by Ord. No. 0-3-83; 5-24-89 by Ord. No. 0-27-89] The Pinelands Commission shall be notified of all approvals of development in the Pinelands Area, whether the approval is by action or inaction or on appeal.
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D. Except as provided in Section 40-38.1, the requirements of Section 40-41 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 10-24-95 by Ord. No. 0-37-95]
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§ 40-42. Effect on Pinelands review and decision.
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[Amended 2-23-83 by Ord. No. 0-3-83; 5-24-89 by Ord. No. 0-27-89] | |||||||
A. Review by Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 40-41 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.
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B. 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 (1) of the following is satisfied:
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(1) Notification is received from the Pinelands Commission that review of the township's approval is not required.
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(2) Review of the township's approval has been completed pursuant to N.J.A.C. 7:50-4.37 through N.J.A.C. 7:50-4.42 and a final order regarding the approval is received by the township from the Pinelands Commission.
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C. If the Pinelands Commission disapproves an application for development previously approved by the approval agency, such approval shall be revoked by the approval agency within thirty (30) days of the Commission's action, and the approval agency shall thereafter deny approval of the application. If the Commission approves the decision of the approval agency subject to conditions, the approval agency 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 made by the applicant.
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D. Pursuant to N.J.A.C. 7:50-4.1(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.
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E. 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.
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F. Except as provided in Section 40-38.1, the requirements of Section 40-42 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 10-24-95 by Ord. No. 037-95]
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