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 § 244-102B below, every parcel of land in the Preservation Area Zone 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 4-12-1993 by Ord. No. 10-93]

B. Pinelands development credits are hereby established in the Preservation Area Zone at the following ratios:

(1) Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this Code: two Pinelands development credits per 39 acres. [Amended 12-30-1996 by Ord. No. 27-96]

(2) Uplands which are mined as a result of a resource extraction permit approved pursuant to this Code: zero Pinelands development credits per 39 acres.

(3) Other uplands: one Pinelands development credit per 39 acres.

(4) Wetlands: 0.2 Pinelands development credit per 39 acres.

C. The allocations established in Subsection B above shall be reduced as follows:

(1) Any property of 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 10 acres, the area actively used for such use or 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 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 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 § 244-103B below or when a variance for cultural housing is approved by the Township pursuant to § 244-98B of this chapter.

[Amended 4-12-1993 by Ord. No. 10-93]

(4) The Pinelands development credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands development credit 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 4-12-1993 by Ord. No. 10-93]

D. The owners of parcels of land which are smaller than 39 acres shall have a fractional Pinelands development credit entitlement at the same ratio established in Subsection B above.

E. Notwithstanding the provisions above, the owner of record of 0.10 or greater acres of land in the Preservation Area Zone as of February 7, 1979, shall be entitled to 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 12-30-1996 by Ord. No. 27-96]

F. The provisions of § 244-102E above shall also apply to owners of record of less than 0.10 acres of land in the Preservation Area Zone, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands development credits are allocated pursuant to § 244-102B above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.10 of an acre. [Added 12 -30-1996 by Ord. No. 27-96]

A. 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 § 244-107 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 12-30-1996 by Ord. No. 27-96]

B. Notwithstanding the provision of § 244-103A 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 the same and that the total allocation of Pinelands development credits for that property is reduced by 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 de velopment right is exercised.

C. The bonus density of a parcel of land on which Pinelands development credits are used shall not exceed the density provided in the RG-2, RG-3 and RG-4 Zones for the transfer of Pinelands development credits. [Amended 2-26-1996 by Ord. No. 4-96]

D. 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 4-12-1993 by Ord. No. 10-93; 12-30-1996 by Ord. No. 27-96; 12-23-2002 by Ord. No. 50-02]

[Added 4-12-1993 by Ord. No. 10-93] Pinelands development credits shall be used in the following manner:

A. To permit development of parcels of land in the RG-2, RG-3 and RG-4 Zones according to the density and lot area requirements set forth in §§ 244-88, 244-90, 244-91 and 244-92 of this chapter; [Amended 2-26-1996 by Ord. No. 4-96]

B. When a variance of density or minimum lot area requirements for the RG-2, RG-3 or RG-4 Zone is granted, Pinelands development credits shall be used for all dwelling units or lots in excess of that otherwise permitted without the variance; [Amended 2-26-1996 by Ord. No. 4-96; 12-30-1996 by Ord. No. 27-96]

C. When a variance or other approval for a nonresidential use not otherwise permitted in the RG-2, RG-3 or RG-4 Zone is granted by the Township, Pinelands development credits shall be used at 50% of the maximum rate permitted for Pinelands development credit use in the zone in which the nonresidential use will be located for parcels under 10 acres in size; at 75% of the maximum rate for parcels between 10 and 20 acres in size; and at 100% of the maximum rate for parcels over 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 2-26-1996 by Ord. No. 4-96; 12-23-2002 by Ord. No. 50-02]

D. When a variance or other approval for a residential use in the RGC-1, RGC-2 or PM-1 Zone is granted by the Township, Pinelands development credits shall be used for 50% of the authorized units for parcels under 10 acres in size; for 75% of the authorized units for parcels between 10 and 20 acres in size and for 100% of the authorized units for parcels over 20 acres in size. [Amended 12-30-1996 by Ord. No. 27-96; 12-23-2002 by Ord. No. 50-02]

E. When a variance for cultural housing is granted by the Township in accordance with § 244-98B of this chapter;

F. 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

G. When a variance of density or lot area requirements for a residential or principal nonresidential use in the PV, PVC-1 or PVC-2 Zone 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 12-30-1996 by Ord. No. 27-96]

[Amended 2-26-1996 by Ord. No. 4-96] Pinelands development credits which are used for securing a density bonus for parcels of land located in the RG-2, RG-3 and RG-4 Zones shall yield a bonus of four dwelling units per credit.

[Amended 2-26-1996 by Ord. No. 4-96] Pinelands development credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in the RG-2, RG-3 and RG-4 Zones, provided that respective densities for the transfer of Pinelands development credits is not exceeded.

A. 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.

B. Such deed restriction shall specify the number of Pinelands development credits sold and that the property may only be used in perpetuity for the following uses in the Preservation Area Zone:

(1) Berry agriculture.

(2) Horticulture of native Pinelands plants.

(3) Forestry.

(4) Beekeeping.

(5) Fish and wildlife management.

(6) Agriculture employee housing as an accessory use.

(7) 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 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed 5% of the parcel and no more than 1% of the parcel will be covered with impermeable surfaces.