1. Pinelands Development Credits (PDCs) are hereby established at the following ratios:

a. In the Pinelands Preservation Area:

(1) Uplands which are undisturbed but currently or previously approved for "Resource Extraction" pursuant to this ordinance: two PDC per 39 acres.
(2) Uplands which are mined as a result of a "Resource Extraction" permit approved pursuant to this ordinance: 0 PDC per 39 acres.
(3) Other uplands: 1 PDC per 39 acres.
(4) Wetlands: 0.2 PDC per 39 acres.
 

b. In the Agricultural Production Area and the Special Agricultural Production Area:

(1) Uplands which are undisturbed but approved for "Resource Extraction" pursuant to this ordinance: 2 PDC per 39 acres.
(2) Uplands which are mined as a result of a "Resource Extraction" permit approved pursuant to this ordinance: 0 PDC per 39 acres.
(3) Other uplands and areas of active berry agricultural bogs and fields: 2 PDC per 39 acres.
(4) Wetlands in active field agricultural use currently and as of February 7, 1979: 2 PDC per 39 acres.
(5) Other wetlands: 2/10 PDC per 39 acres.
 

2. The allocations established in Subsection a and b hereinabove shall be reduced as follows:

a. 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.

b. 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.

c. 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 § DR-607E.2 hereinbelow or when a variance for cultural housing is approved by the Township pursuant to § DR-408A.12, § DR-417A.15, or § DR-418A.8 of this ordinance.

d. The Pinelands Development Credit entitlement for a parcel of land shall also be reduced by 0.25 Pinelands Development Credits 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.
 

3. The owners of parcels of land which are smaller than 39 acres shall have fractional Pinelands Development Credits at the same ratio established in Subsections 1a and 1b hereinabove.

4. Notwithstanding the provisions of Subsections 1 and 2 hereinabove, the owner of record of 0.1 or greater acres of land in the Pinelands Preservation Area, Agricultural Production Area or Special Agricultural Production Area 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. The provisions of this section shall also apply to owners of record of less than 0.1 acres of land in the Pinelands Preservation Area, Agricultural Production Area or Special Agricultural Production Area, as of February 7, 1979, provided that said owners acquire vacant, contiguous lands to which Pinelands Development Credits are allocated pursuant to Subsections 1 and 2 above, which lands, when combined with the acreage of the parcel owned prior to February 7, 1979, total at least 0.1 of an acre.

Limitations.

1. The bonus density of land for which a Pinelands Development Credit or Credits are used shall not exceed the maximum density for the zoning district in which the property is located, as established in SECTION 400: District Regulations of this ordinance.

2. Pinelands Development Credits may be aggregated from different parcels in securing a density bonus for a single parcel of land in the GMS Growth Management South District, the GD Growth Management District, the VRD Village Residential District, the RHO Residential Home Occupation District, the HM Highway Management District or the HVR Historic Village Residential District.

3. No development involving the use of Pinelands Development Credits shall be approved until the developer has provided the Commission and the Township approving authority with evidence of his ownership and redemption of the requisite Pinelands Development Credits; provided, however, that the Township approving authority 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 § DR-808D.3 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.

Deed Restrictions. See § DR-607E for detailed information.

Use of Pinelands Development Credits.
Pinelands Development Credits shall be used in the following manner:

1. To permit development of parcels of land in the GMS, GD, HM, HVR, VRD, RGD-1 and RHO Districts according to the density and lot area requirements set forth in § DR-403D, § DR-410D, § DR-414D, § DR-415D and § DR-416D of this ordinance;

2. When a variance of density or minimum lot area requirements for the GMS, GD, HM, RGD-1, RS-1, HVR, VRD or RHO 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;

3. When a variance or other approval for nonresidential use not otherwise permitted in the GMS, GD, VRD or HVR Zones 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.

4. When a variance or other approval for a residential use in the HC-1, HC-2, HM, CC, RC, RHC, PI or HVC Zones 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.

5. When a variance for cultural housing is granted by the Township in accordance with Subsections § DR-408A.12, § DR-417A.15 or § DR-418A.8 of this ordinance; and

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.

See § 607: Pinelands Development Credits for complete, detailed information.