Good Afternoon,

This is in response to your request, 10/3/2023.

There are no open or closed property maintenance violations for the subject property.

Please see attached cease and desist order issued on 10/19/22.

The above subject parcel is located in the Township’s (Pinelands Forest Area Receiving Zone) PFA-R Zone. The PFA-R zone does permit development for single family homes but only on lot’s no less than 20 acres in area (See attached schedule of development “B”). As this lot has an area of 1.1 acres (as per county tax records) it does not meet the minimum lot requirement for development.

Please be advised that developments is defined as:

A. (MLUL) Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

B. (Pinelands) The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including, but not limited to:
(1) A change in type of use of a structure or land.
(2) A reconstruction, alteration of the size, or material change in the external appearance of a structure or land.
(3) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.
(4) Commencement of resource extraction, drilling or excavation on a parcel of land.
(5) Commencement of forestry activities.
(6) Demolition of a structure or removal of trees.
(7) Deposit of refuse, solid or liquid waste or fill on a parcel of land.
(8) In connection with the use of land, the making of any material change in noise levels, thermal condition or emissions of waste material.
(9) Alteration, either physically or chemically, of a shore, bank or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

As such development is not permitted therefore prohibited.

In regards to the steps required to allow development please see below referenced Township Ordinances on Density Transfer and lot frontage requirements:

245-25 General regulations.
The following general regulations shall be applicable in the CAFRA and Pinelands National Reserve Area and the Pinelands Area; provided, however, that within the Pinelands Area, minimum standards and exceptions established pursuant to N.J.A.C. 7:50-1 et seq. in § 245-31B shall be applicable.
B. Frontage required on an improved street. Every principal building shall be built upon a lot with frontage upon an improved street.

§ 245-33 Pinelands Area Zoning Districts.
A. Schedules of development. Schedule B, Schedule of General Requirements, Pinelands Area Zoning District, and Schedule C, Beckerville Village and Whiting Town Zoning Districts Schedule, are hereby made a part of this chapter.[1]

D. PFA-R Pinelands Forest Area - Receiving District. Minimum standards governing the distribution and intensity of development and land use in the Pinelands Forest Area - Receiving Zone are as follows:

(4) The following uses will be permitted in the PFA-R Zone upon obtaining a conditional use permit pursuant to Article VII, Conditional Use Permits, Procedures and Requirements, of this chapter:
[Amended 12-12-2011 by Ord. No. 11-025]
(a) Detached single-family dwellings on lots of at least 40,000 square feet in area, provided that:
[1] The owner of the lot proposed for development acquires sufficient vacant contiguous or noncontiguous land which, when combined with the acreage of the lot to be developed, equals at least 20 acres; [2] All noncontiguous lands acquired pursuant to Subsection D(4)(a)[1] above, which may or may not be developable, are located within the PFA-S Zone; [3] All noncontiguous lands acquired pursuant to Subsection D(4)(a)[1] and [2] above are permanently protected through recordation of a deed of restriction. Such restriction shall be in favor of the parcel to be developed and the municipality or another public agency or nonprofit conservation organization. In all cases, such restriction shall be expressly enforceable by the Pinelands Commission. Such deed of restriction shall permit the parcel to be managed for low-intensity recreation, ecological management and forestry, provided that no more than 5% of the land may be cleared, no more than 1% of the land may be covered with impervious surfaces and any such uses or activities are approved and conducted in accordance with the requirements of this Chapter 245; [4] Tax assessments for the acquired noncontiguous lands are combined and assigned to the lot to be developed; and [5] The lot to be developed otherwise meets the minimum standards of § 245-32 of this chapter.

Density Transfer (T.O. 245-33D), in short is the ability to purchase the remaining acreage of property required in the PFA-R zone (in this case 19 acres) elsewhere in the Pinelands and deed restrict that portion of land from development. This will allow one to apply for a conditional use permit with the Township’s Zoning Board. Kindly contact the N.J. Pinelands Commission for further detail on this (See below Link).
https://www.state.nj.us/pinelands/appli/

As this parcel does not have frontage on an improved street as required by Township ordinance (T.O.245-25B), a Bulk Variance approval from the zoning board will be necessary.

Should you have questions about this reply, you may call the Building Department

732-657-8121 x 3908

Please confirm you have received this email.

Should you have any questions please feel free to call our office.

Sincerely,
Beth

Beth-Ellen Gencarelli
Manchester Township
Municipal Clerk's Office
1 Colonial Drive
Manchester NJ, 08759
732-657-8121 X3201
732-657-2071 (fax)

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