[Amended 5-24-89 by Ord. No. 0-27-89; 4-24-91 by Ord. No. 0-12-91]
A. 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 § 296-67 A below, every parcel of land in the Preservation Area District or Agricultural Production Area 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 Area. 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 7-20-93 by Ord. No. 0-20-93]
B. Pinelands Development Credits are hereby established in the Preservation Area District at the following ratios:
(1) Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this chapter and Chapter 179: Two (2) Pinelands Development Credits per thirty-nine (39) acres; [Amended 2-25-97 by Ord. No. 0-2-97]
(2) Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: Zero (0) Pinelands Development Credits per thirty-nine (39) acres;
(3) Other uplands: One (1) Pinelands Development Credit per thirty-nine (39) acres; and
(4) Wetlands: Two-tenths (.2) Pinelands Development Credits per thirty-nine (39) acres.
C. Pinelands Development Credits are hereby established in the Agricultural Production at the following ratios:
(1) Uplands which are undisturbed but approved for resource extraction pursuant to this chapter: Two (2) Pinelands Development Credits per thirty-nine (39) acres;
(2) Uplands which are mined as a result of a resource extraction permit approved pursuant to this chapter: Zero (0) Pinelands Development Credits per thirty-nine (39) acres;
(3) Other uplands and areas of active berry agricultural bogs and fields: Two (2) Pinelands Development Credits per thirty-nine (39) acres;
(4) Wetlands in active field agricultural use currently and as of February 7, 1979: Two (2) Pinelands Development Credits per thirty- nine (39) acres; and [Amended 2-25-97 by Ord. No. 0-2-97]
(5) Other wetlands: Two-tenths (.2) Pinelands Development Credits per thirty-nine (39) acres.
D.. The allocation established in Subsections B and C above shall be reduced as follows:
(1) Any property of ten (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 improved property of more than ten (10) acres, the area actively used for such use or ten (10) acres, whichever is greater, shall not receive Pinelands Development Credit entitlement.
(2) The Pinelands Development Credit entitlement of a parcel of land shall be reduced by one-quarter (0.25) Pinelands Development Credit for each existing dwelling unit on the property.
(3) The Pinelands Development Credit entitlement for a parcel of land shall be reduced by one-quarter (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 Section 296-67 D or when a variance for cultural housing is approved by the township pursuant to Section 296-9.3 of this chapter. [Amended 7-20-93 by Ord. No. 0-20-93]
(4) The PDC entitlement for a parcel of land shall also be reduced by twenty-five-hundredths (0:25) PDCs 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 7-20-93 by Ord. No. 0-20-93]
E. The owners of parcels of land which are smaller than thirty-nine (39) acres shall have a fractional Pinelands Development Credit at the same ratio established in Subsections B and C above.
F. Notwithstanding the provisions above, the owner of record of one-tenth (0.10) or greater acres of land in the Preservation Area Zone or Agricultural Production Zone as of February 7, 1979 shall be entitled to one-quarter (0.25) Pinelands Development Credits, 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 a member of the owner's immediate family. [Amended 2-25-97 by Ord. No. 0-2-97]
G. The provisions of Subsection F above shall also apply to owners of record of less than one-tenth (0.10) acres of land in the Preservation Area Zone or Agricultural Production Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsections B and C above which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least one-tenth (0.10) of an acre. [Added 2-25-97 by Ord. No. 0-2-97]
[Amended 4-24-91 by Ord. No. 0-12-91]
A.Residential use density shall be increased, as provided under Sections 5-401 through 5-407 of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-5.41 through 7:50-5.47) through proof of ownership of Pinelands Development Credits by the landowner or developer of the land proposed for development. Density increases shall occur in accordance with the-following schedule:
B. A bonus of one (1) residential dwelling unit of any type shall be yielded for every twenty-five hundredths (0.25) of a Pinelands Development Credit utilized. In no event shall the number of residential units allowed with Pinelands Development Credits exceed that which is permitted pursuant to the schedule above.
C. 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 F 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 5-24-89 by Ord. No. 0-27-89; 2-25-97 by Ord. No. 0-2-97]
D. Notwithstanding the provisions of Subsection C 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 same and that the total allocation of Pinelands Development Credits for that property is reduced by one-quarter (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. [Amended 5-24-89 by Ord. No. 0-27-89]
E. 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. [Amended 5-24-89 by Ord. No. 0-27-89]
F. Such deed restriction shall specify the number of Pinelands Development Credits sold and that the property may be used in perpetuity for the following uses:
(1) In the Preservation Area District: Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; agricultural employee housing as an accessory use; and 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 fifteen (15) feet of frontage per one thousand (1,000) feet of frontage on the water body, clearing of vegetation does not exceed five percent (5%) of the parcel, and no more than one percent (1%) of the parcel will be covered with impermeable surfaces.
(2) In the Agricultural District: Agriculture; forestry; 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 fifteen (15) feet of frontage per one thousand (1,000) feet of frontage on the water body, clearing of vegetation does not exceed five percent (5%) of the parcel, and no more than one percent (1%) of the parcel will be covered with impermeable surfaces; fish and wildlife management; agricultural sales 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 five thousand (5,000) square feet; 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 on-going agricultural operation; and agricultural products processing facilities. [Added 5-24-89 by Ord. No. 0-27-89]
[Added 5-24-89 by Ord. No. 0-27-89; amended 4-24-91 by Ord. No. 0-12-91; 7- 20-93 by Ord. No 0-20-93]
A. Pinelands Development Credits shall be used in the following manner:
(1) To permit residential development of parcels of rang in the PR-2, PR-3, PR-4 or PTC Districts according to the density and lot area requirements set forth in Section 296-67 of this chapter. [Amended 3-26-02 by Ord. No. 0-6-02; 11-19-02 by Ord. No. 0-27-02]
(2) When a variance of density or minimum lot area requirements for a residential use in the PR-2, PR-3, PR-4 or PTC Districts is granted by the township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance; [Amended-2-25-97 by Ord. No. 0-2-97; 3-26-02 by Ord. No. 0-6-02; 11-19-02 by Ord. No. 0-27-02]
(3) When a variance for a nonresidential use not otherwise permitted in the PR-2, PR-3 or PR-4 Districts is granted by the township, Pinelands Development Credits shall be used at fifty percent (50%) of the maximum rate permitted for Pinelands Development Credits in the zone in which the nonresidential use will be located for parcels under ten (10) acres in size; at seventy-five percent (75%) of the maximum rate for parcels between ten (10) and twenty (20) acres in size; and at one hundred percent (100%) of the maximum rate for parcels over twenty (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 6-19-01 by Ord. No. 0-13-2001; 3-26-02 by Ord. No. 0-6-02]
(4) When a variance for a residential use in the PC-1, PC-2 or PI-1 Districts is granted by the township, Pinelands Development Credits shall be used for fifty percent (50%) of the authorized units for parcels under ten (10) acres in size; for seventy-five percent (75%) of the authorized units for parcels between ten (10) and twenty (20) acres in size and for one hundred percent (100%) of the authorized units for parcels over twenty (20) acres in size. [Amended 6-19-01 by Ord. No. 0-13-2001; 3-26-02 by Ord. No. 0-6-02]
(5) When a variance for cultural housing is granted by the township in accordance with Section 296-9.3 of this chapter;
(6) 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
(7) When a variance of density or lot area requirements for a residential or principal nonresidential use in the PR-6, PC-3 or PI-2 Districts is granted by the township, Pinelands Development Credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance. [Added 2-25-97 by Ord. No. 0-2-97; amended 3-26-02 by Ord. No. 0-6-02]
(8) [Added 3-26-02 by Ord. No. 0-6-02; amended 625-02 by Ord. No. 0-15-02; 11-19-02 by Ord. No. 0 27-02] To permit nonresidential development of parcels of land in the PC-1, PC-2, PTC or PI-1 Districts, in accordance with the following schedule and the requirements set forth in §296-67 of this chapter. Pinelands Development Credits shall be used to increase total building square footage by a rate of three thousand (3,000) square foot per one-fourth (1/4) credit. If the number of Pinelands Development Credits is not evenly divisible by 0.25, the required Pinelands Development Credits shall be increased to the next increment of 0.25.
(9) When a variance for a floor area ratio (FAR) for a nonresidential use in the PC-1, PC-2, PI-1 and PTC Districts is granted by the township, Pinelands Development Credits shall be used to increase total building square footage in accordance with §296 67.1(8). [Added 11-19-02 by Ord. No. 0-27-02]
B. No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the township approval agency with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the township approval agency 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 site plan approval. For such a final subdivision or site plan, the developer shall provide evidence of 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 Section 40-41 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 2-2597 by Ord. No. 0-2-97; 6-19-01 by Ord. No. 0-13-2001]
C. In no case shall a building or construction permit be issued for any development involving the use of Pinelands Development Credits until the developer has provided the Pinelands Commission and the township with evidence of his ownership of the requisite Pinelands Development Credits and those Pinelands Development Credits have been redeemed with the township with evidence of his ownership of the requisite Pinelands Development Credits and those Pinelands Development Credits have been redeemed with the township.
