No person shall carry out any development, as defined in this article, within the Pinelands Area, Jackson Township, without first obtaining a development permit certifying compliance with the procedures set forth in § 244-23 and this article.

A. For the purposes of this article, except as provided in § 244-67C below, the following developments shall not be subject to Commission notification and review requirements of this article, and development permits approved by the Construction Code Official shall take effect immediately:

(1) The improvement, expansion or reconstruction, within five 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; [Amended 12-30-1996 by Ord. No. 27-96]

(6) The clearing of less than 1,500 square feet of land;

(7) The construction of any additional 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;

(8) The demolition of any structure that is less than 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 approvals and permits; [Added 12-30-1996 by Ord. No. 27-96]

(10) The repair or replacement of any existing on-site wastewater disposal system; [Added 12-30-1996 by Ord. No. 27-96]

(11) The repaving of existing paved roads, provided that no increase in the paved width of said roads will occur;[Added 12-30-1996 by Ord. No. 27-96]

(12) The clearing of land solely for agricultural purposes; [Added 12-30-1996 by Ord. No. 27-96]

(13) Fences, provided that no more than 1,500 square feet of land is to be cleared; [Added 12-30-1996 by Ord. No. 27-96]

(14) Aboveground telephone equipment cabinets; [Added 12-30-1996 by Ord. No. 27-96]

(15) Tree pruning; [Added 12-30-1996 by Ord. No. 27-96]

(16) The following forestry activities:[Added 12-30-1996 by Ord. No. 27-96]

(a) Normal and customary forestry practices on residentially improved parcels of land that are five acres or less in size;

(b) 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;

(c) 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; and

(d) 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;

(17) Prescribed burning and the clearing and maintaining of fire breaks; or [Added 12-30-1996 by Ord. No. 27-96]

(18) Normal and customary landscape plantings, unless a landscaping plan is required pursuant to § 244-28B(20) or 244-77B(15).[Added 12-30-1996 by Ord. No. 27-96]

B. The exceptions contained in Subsection A(1) through (8) above shall not apply to any historic resources designated by the Pinelands Commission pursuant to N.J.A.C. 7:50-6.154.

C. 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.

A. Certificate of filing required for completeness. In addition to the requirements for a complete application of §§ 244-28, 244-30 and 244-31, no application for development approval within the Pinelands Area, Jackson Township, shall be deemed complete unless a certificate of filing issued by the Executive Director of the Pinelands Commission has been received by the approving authority.

B. 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 Township approval agency that the application has been modified. Said notice shall contain:

(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 on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approving authority.

(4) Any written reports or comments received by the approving authority on the application for development which have not been previously submitted to the Commission.

(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.

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

C. 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:

(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 approving authority, or representative thereof, which will be conducting the meeting, hearing or other formal proceeding.

(5) Any written reports or comments received by the approving authority on the application for development which have not been previously submitted to the Commission.

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

D. 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 approving authority 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:

(1) The name and address of the applicant.

(2) The legal description and street address, if any, of the property which the applicant proposes to develop.

(3) The application number of the certificate of filing issued by the Pinelands Commission and the date on which it was issued, if any.

(4) The date on which the approving authority's approval or denial was issued.

(5) Any written reports or comments received concerning the application for development approval not previously submitted to the Commission.

(6) Any revisions of the application not previously submitted to the Commission.

(7) A copy of the resolution, permit or other documentation of the approval or denial which was granted.

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

E. No development involving the use of Pinelands development credits shall be approved until the developer has provided the Commission and the approval agency with evidence of his ownership and redemption of the requisite Pinelands development credits; provided, however, that the 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 § 244-68D 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 12-30-1996 by Ord. No. 27-96; 12-23-2002 by Ord. No. 50-02]

F. Except as provided in § 244-78, the requirements of § 244-68 shall not apply to the issuance of a preliminary zoning permit or refusal to issue a preliminary zoning permit for the development of a single-family dwelling on an existing lot of record. [Added 3-23-1998 by Ord. No. 9-98]

A. Upon receipt by the Pinelands Commission of the notice of approval pursuant to § 244-68D above, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.36 through 7:50-4:42. The approval and denial 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.

B. 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.

C. 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.

D. Except as provided in § 244-78, the requirements of § 244-69 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 3-23-1998 by Ord. No. 9-98]

A. 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 the 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 the approval is received by the Township from the Pinelands Commission.

B. Except as provided in § 244-78, the requirements of § 244-70 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 3-23-1998 by Ord. No. 9-98]

[Amended 3-23-1998 by Ord. No. 9-98] All development applications approved by the approval agency shall be conditioned upon approval of said application by the Pinelands Commission. If it is determined pursuant to § 244-69 that the approval will not be reviewed by the Commission, that condition shall be deemed to have been met. If the Commission approves the decision of an approval agency subject to conditions, the approval agency which had previously conditionally 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. If the Commission disapproves an application for development previously approved by an approving authority, the approval shall be revoked by the approving authority within 30 days, and the authority shall thereafter deny approval of the application. Except as provided in § 244-78, 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.

[Amended 12-30-1996 by Ord. No. 27-96] The Pinelands Commission may participate in a hearing held in the Township involving the development of lands in the Pinelands Area pursuant to N.J.A.C. 7:50-4.36.

All applications for development approval shall be referred to the Environmental Commission for review and comment.

[Amended 12-30-1996 by Ord. No. 27-96] All development proposed by the Township or any agency thereof will comply with all requirements for public development set forth in N.J.A.C. 7:50-4.51 et seq. and all the standards set forth in Articles III, IV, V, IX, X and XII of this chapter and §§ 244-70 and 244-71 of this article.

In amending this article, the Township's Master Plan or any other ordinance regulating the use of land, the Township shall comply with all the requirements of N.J.A.C. 7:50-3.45.

A. The procedures and standards established by this article and the Pinelands Comprehensive Management Plan and applicable to all development within the Pinelands Area, Jackson Township, shall be in effect and enforceable unless a waiver of strict compliance shall have been obtained from the Pinelands Commission in accordance with the provisions of N.J.A.C. 7:50-4.61 et seq. [Amended 12-30-1996 by Ord. No. 27-96]

B. A duplicate copy of any application for waiver of strict compliance filed with the Pinelands Commission shall be submitted to the Township Clerk by the applicant within five days of filing with the Commission.

C. The applicant shall provide a copy of the Executive Director's written notification of decision on any application for waiver of strict compliance within 10 days of such decision.

A. Any application for approval of minor development, including minor site plans, shall include at least the following information, in addition to that required by § 244-24 or 244-26 for subdivision applications and § 244-28 or 244-30 for site plan applications:

(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 copy thereof, and a copy of the Municipal Tax Map sheet on which are shown the boundaries of the subject property, the Pinelands Management Area designation and the zoning designation;

(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: the location, size, type and capacity of any proposed on-site was tewater 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 a suitable location with a tract map showing location, logs, 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 § 244-79.

(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 pro posed 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 deve lopment;

(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

(12) When prior approval for the development has been granted by the Township, evidence of Pine lands Commission review, pursuant to § 244-69.

(13) In lieu of Subsection A(1) through (12) above, the application requirements of § 244-78 shall apply to applications for the development of a single-family dwelling on an existing lot of record. [Added 3-23-1998 by Ord. No. 9-98]

B. All applications for major site plans and major development, other than forestry and resource extraction operations, shall provide the following information, in addition to that required by § 244-26 for subdivision applications and § 244-30 for site plan applications:

(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, the number of total units; and the floor area of all units to be included in the proposed development. [Amended 12-30-1996 by Ord. No. 27-96]

(6) A written statement addressing each of the standards or guidelines set forth in Chapter 244, Article VII, and § 244-79, and stating specifically how the proposed development meets each such standard or guideline.

(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 wastewater treatment facilities:

(a) Sanitary sewer distribution: the location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;

(b) On-site treatment facilities: the location, size, type and capacity of any proposed on-site wastewater treatment facilities, including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;

(c) Soil borings and percolation tests. If on-site sewage disposal is proposed, results of soil borings and percolation tests, in accordance with the requirements of N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where groundwater was encountered and estimating the seasonal high water table; and

(d) The proposed hours and days of operation and number of employees of any nonresidential facility.

(8) A project site base map, at a scale of no less than one inch to 200 feet and including the areas 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, if any, 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 in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map.

(10) A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals.

(11) A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in this plan. This map should be prepared prior to any engineering, site layout or design work.

(12) A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial wastewater discharges and solid waste disposal areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; all vegetation which is to be removed or disturbed as a result of the proposed development; and the tree line before and after development.

(13) A map, at the same size and scale as the project site base map, showing stormwater drainage patterns and calculations, and the applicant's proposed stormwater runoff management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area, including the estimated seasonal high water table.

(14) Legal instruments evidencing the applicant's right, title or interest in any Pinelands development credits, and any existing or proposed deed restrictions or easements relating to the subject parcel.

(15) A landscaping or revegetation plan which incorporates the elements set forth in § 244-79B(4). [Amended 12-30-1996 by Ord. No. 27-96]

(16) All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure

(17) The cultural resources survey described in § 244-79K.

(18) A list of all permits required for the proposed development from county, municipal, state and federal agencies.

(19) 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.

(20) When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review, pursuant to § 244-69.

C. An application for approval of forestry operations shall be subject to the application requirements set forth in § 244-79D.

D. An application for approval of resource extraction operations shall be subject to the application requirements set forth in § 244-79F.