MapLink™ | Procedures | Pinelands Area Application Requirements

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Pinelands Area Application Requirements
A. Applications for Minor Development. In addition to meeting the applicable requirements of §§ 803 through 807, any application for minor developments shall include at least the following information. See § DR-808A for a list of required infromation.

B. Applications for Other Development.
1. All applications for major development, other than forestry and resource extraction operations, shall be accompanied by the information required in § DR-808A and N.J.A.C. 7:50-4.2(b)5, as well as the following:
a. 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 Commission pursuant to the Interim Rules and Regulations.
b. When prior approval for the development has been granted by the Township, evidence of Pinelands Commission review pursuant to Subsection.E hereinbelow.
2. Any application for approval of forestry operations shall be subject to the requirements of § 612: Forestry of this ordinance.
3. Any application for approval of resource extraction operations shall be subject to the requirements of § DR-602N of this ordinance.

C. Public Development. All development proposed by the Township or any agency thereof will comply with all the requirements for public development set forth in N.J.A.C. 7:50-4.41 et seq. or as modified in this ordinance.

D. Notices to the Pinelands Commission.
1. Application submission and modification. See § DR-808D.1 for a list of required information.
2. Hearings. See § DR-808D.2 for details.
3. Notice of approvals and denials. See § DR-808D.3 for details.

E. Review by the Pinelands Commission. Upon receipt by the Pinelands Commission of the notice of approval or denial pursuant to Subsection 808.D.3 hereinabove, the application for development approval shall be reviewed in accordance with the provisions of N.J.A.C. 7:50-4.27 through 4.33. 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. 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. Except as provided in Subsection H, below, 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, home occupations, and certain applications for changes of a nonresidential use to another nonresidential use.

F. Condition on Prior Approvals by the Township. Where a prior approval has been granted by the Township, no subsequent approval of an application for development 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; or
2. Review of the Township's approval has been completed pursuant to N.J.A.C. 7:50-4.27 through 4.33 and a final order regarding the approval is received by the Township from the Pinelands Commission.

G. Effect of Pinelands Commission's Decision on Township's Approval. If the Commission disapproves an application for development previously approved by a Township approving authority, such approval shall be revoked by the approving authority within 30 days of the Commission's action, and the authority shall thereafter deny approval of the application. If the Commission approves the decision of an approved authority subject to conditions, the approving authority 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 specifies that the conditions specified by the Commission have been met by the applicant. Except as provided in Subsection H, below, 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, home occupations, and certain applications for changes of a nonresidential use to another nonresidential use.

H. Procedures for applications for the development of certain single-family dwellings on an existing lot of record, home occupations, and certain changes of nonresidential use to another nonresidential use.
1. 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 certain single-family dwellings on an existing lot of record, a home occupation, and certain changes of nonresidential use to another nonresidential use.

2. Applications for a Preliminary Zoning Permit. See § DR-808H.2.
 
3. 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.

4. Preliminary Zoning Permit.
a. A preliminary zoning permit shall be issued if:
(1) The application is consistent with the requirements of the Land Development Ordinance or any necessary variance from those requirements has been obtained; and
(2) 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; and
(3) A duly authorized representative of the Pinelands Commission concurs with the Zoning Officer's determination and so signifies by signing the preliminary zoning permit.
 
b. A preliminary zoning permit shall expressly incorporate the plan being approved, shall specify any conditions which the Zoning Officer determines are necessary to ensure compliance with the Land Development Ordinance and shall specify the expiration date of the permit.

c. 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.

5. Effect of Preliminary Zoning Permit.
a. A preliminary zoning permit represents a determination that the application meets the requirements of the Land Development Ordinance of the Township of Medford and the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.

b. A preliminary zoning permit shall be valid for two years and shall, during that period, confer the following rights and privileges:
(1) The approved application shall not be subject to any substantive revisions of the Land Development Ordinance of the Township of Medford or the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
(2) Any subsequent approvals necessary for the development of the single-family dwelling on an existing lot of record, home occupation, and certain changes of nonresidential use to another nonresidential use 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 decision requirements of Subsections D through G.
 
6. Refusal to Issue Preliminary Zoning Permit.
a. The Zoning Officer shall issue a denial of a preliminary zoning permit if any of the following are found to apply:
(1) A variance from the Land Development Ordinance of the Township of Medford is required;
(2) A variance from the Land Development Ordinance of the Township of Medford is not required, but the Zoning Officer determines that the application does not meet a requirement(s) of the Land Development Ordinance that corresponds to a provision of the Pinelands Comprehensive Management Plan;
(3) A waiver of strict compliance from a provision(s) of the Pinelands Comprehensive Management Plan is required; or
(4) The duly authorized representative of the Pinelands Commission has not cosigned the preliminary zoning permit attesting to the consistency of the application with the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-1.1 et seq.
 
b. A denial of a preliminary zoning permit shall expressly reference the reasons for the denial. If the refusal is predicated solely upon the need to obtain a variance from the Land Development Ordinance, 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 H.4 above.

c. When a denial of a preliminary zoning permit is predicated solely upon the need to obtain a variance from the Land Development Ordinance, the Zoning Officer shall provide copies of the application and the denial to the Pinelands Commission within five days of the issuance.

d. When a denial of a preliminary zoning permit is predicated wholly or in part upon Subsection H.6.b or c above, the Zoning Officer shall provide the original application and a copy of the denial 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 Subsections A through G of the Code of the Township of Medford. 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.

7. Zoning Officer Vacancy. Should the position of Zoning Officer become vacant for any reason, the application procedures set forth in Subsection H, above, shall be conducted by the Township Engineer, the Planning Board Engineer or their designees until a Zoning Officer is appointed.

See Documents and Forms for more information.