§ 244-67. Exempt development.  


Latest version.
  • 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 addition or accessory structure for any nonresidential use or any multifamily residential structure provided that:
    [Amended 3-12-2019 by Ord. No. 07-19]
    (a) 
    If the addition or structure will be located on or below an existing impervious surface, either the existing use is served by public sewers or the addition or structure will generate no wastewater flows, and said addition or structure will cover an area of no more than 4,999 square feet; and
    (b) 
    If the addition or structure will not be located on or below an impervious surface, said addition or structure will generate no wastewater flows and 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 and other paved surfaces, provided no increase in the paved width or area of said roads and surfaces will occur.
    [Added 12-30-1996 by Ord. No. 27-96; amended 3-12-2019 by Ord. No. 07-19]
    (12) 
    The clearing of land solely for agricultural or horticultural purposes.
    [Added 12-30-1996 by Ord. No. 27-96; amended 3-12-2019 by Ord. No. 07-19]
    (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]
    (19) 
    The installation of an accessory solar energy facility on any existing structure or impervious surface.
    [Added 3-12-2019 by Ord. No. 07-19]
    (20) 
    The installation of a local communications facilities antenna on an existing communications or other suitable structure, provided such antenna is not inconsistent with any comprehensive plan for local communications facilities approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c)6.
    [Added 3-12-2019 by Ord. No. 07-19]
    (21) 
    The establishment of a home occupation within an existing dwelling unit or structure accessory thereto, provided that no additional development is proposed.
    [Added 3-12-2019 by Ord. No. 07-19]
    (22) 
    The change of one nonresidential use to another nonresidential use, provided that the existing and proposed uses are or will be served by public sewers and no additional development is proposed.
    [Added 3-12-2019 by Ord. No. 07-19]
    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.