reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.17 - Effect of failure of county to obtain Commission approval of master plan and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall initiate any development which requires county approval or receive any county approval for development of land in the Preservation Area or, subsequent to one year following the adoption of this Plan, of any land in the Pinelands Area located within any county whose master plan or regulations have not been certified by the Commission pursuant to 7:50-3.15 without first obtaining approval by the Commission pursuant to N.J.A.C. 7:50-4, Part II. If the Commission conditionally certifies or disapproves an amendment to a county master plan or regulation pursuant to 7:50-3.15 and the county does not comply with the requirements of 7:50-3.16, the amendment shall be deemed to be disapproved. The county's previously certified master plan and regulations shall remain in effect unless the amendment constituted the required response to an order issued pursuant to Part VI of this subchapter or to an amendment adopted by the Commission pursuant to N.J.A.C. 7:50-7. In that case, the county's master plan and regulations shall be deemed to be uncertified.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.18 - Effect on and responsibilities of county upon certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Commission certification of a county master plan and regulations shall authorize such county:
1. To petition the Commission, pursuant to N.J.A.C. 7:50-3, Part III, for authority to conduct preliminary review of municipal master plans and land use ordinances within the county; and
2. To grant, to the extent that it is so authorized by State law or county regulation, any permits or approvals within its Pinelands Area jurisdiction, subject to 7:50-4.31 through 4.42 or 7:50-3.81 through 3.85; provided, however, that all such permits or approvals granted, and any other action taken by such county with respect to the development of land within the Pinelands Area, shall be in strict conformance with the certified county master plan and regulations and the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.19 - Standards for certification of county master plans and ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) County master plans and regulations, or any parts thereof, shall be certified only if:
1. They are based upon a current and comprehensive inventory and analysis of the natural resources of the county prepared by the county or any other source. A county may use the inventory provided by the Commission;
2. All standards established by a county for review of applications for subdivision or site plan approval for development proposed within municipalities located within the county, or for any other permit or approval to be granted by any county department, body or agency as a prerequisite to initiating development in the Pinelands Area, are in conformance with the minimum standards of this Plan;
3. They include a capital improvements program that demonstrates that adequate and necessary facilities will be available to serve permitted development;
4. They include provisions relating to solid and liquid waste management which are in conformance with the waste management and water quality programs and standards contained in this Plan;
5. They provide that no application for development within the Pinelands Area, except as provided in 7:50-3.81 through 3.85, shall be determined to be complete by any county department, body or agency unless:
i. It is accompanied by a Certificate of Filing issued by the Commission pursuant to 7:50-4.34; and
ii. It contains at least the information required by the Commission pursuant to 7:50-4.2(b).
6. They provide that notice of the issuance of any county permit or approval which is a prerequisite to initiating development within the Pinelands Area, except as provided in 7:50-3.81 through 3.85, must be given to the Commission as provided in 7:50-4.25(d) or (e); and
7. They otherwise are in conformance with and contain all provisions necessary to implement the objectives of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.20 - Submission and review of amendments to certified county master plans and ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submission: No amendment to any certified county master plan or ordinance shall be effective until the county shall have submitted such amendment to the Commission and such amendment has been certified by the Commission, pursuant to 7:50-3.15, or the Executive Director has, pursuant to (b) below, notified the county that such amendment does not affect the prior certification of the master plan or ordinance.
(b) Decision not to review within 15 days following receipt of any amendment to a certified master plan or ordinance, the Executive Director shall determine whether or not the amendment raises a substantial issue with respect to the conformance of the county master plan or ordinance with this Plan. If the Executive Director determines no such substantial issue is raised, he shall certify such fact to the clerk of the county and such amendment shall thereupon take effect in accordance with its terms and applicable law.
(c) Decision to review: If the Executive Director determines that the amendment raises a substantial issue with respect to the conformance of the amended county master plan or ordinance to this Plan, the amended county master plan or ordinance shall be reviewed pursuant to 7:50-3.18 and 3.19, and the Executive Director shall so inform the county clerk.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part III - DELEGATION TO COUNTY PLANNING BOARDS OF PRELIMINARY REVIEW OF MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.21 - Application by county for delegation

Current through Register Vol. 56, No. 14, July 15, 2024
The governing body of any county whose master plan and regulations have been certified by the Commission pursuant to N.J.A.C. 7:50-3, Part II, may petition the Commission for authority to conduct preliminary review of municipal master plans and land use ordinances located within the county by submitting a request for such authority in such form and number and containing such information as may be required by the Executive Director.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part III - DELEGATION TO COUNTY PLANNING BOARDS OF PRELIMINARY REVIEW OF MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.22 - Delegation by Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recommendation of Executive Director: Within 30 days after receipt of a request filed pursuant to 7:50-3.21, the Executive Director shall submit to the Commission his recommendation as to whether the requested delegation is consistent with the purposes and provisions of the Pinelands Protection Act, the Federal Act and this Plan.
(b) Action by the Commission: Upon receipt of the Executive Director's recommendation, the Commission shall review the request for authorization and the recommendation of the Executive Director and may, if it determines that the requested delegation is consistent with the purposes and provisions of the Pinelands Protection Act, Federal Act and this Plan, delegate to the petitioning county the preliminary review of municipal master plans and land use ordinances prescribed in Part IV of this subchapter. The Commission may, in its discretion, limit such delegation to designated municipalities within a county for a fixed term, with or without provision for automatic or other renewal; and may make such delegation subject to any special terms, conditions or limitations deemed necessary or appropriate by the Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part III - DELEGATION TO COUNTY PLANNING BOARDS OF PRELIMINARY REVIEW OF MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.23 - List of reviewing counties and notice to municipalities

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director shall maintain a list of those counties to which a delegation pursuant to 7:50-3.22(b)  has been made and shall, within 10 days following entry of any order by the Commission pursuant to 7:50-3.22(b)  delegating preliminary review authority to any county, notify the clerks of all municipalities within the county of such delegation and of its specific terms.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part III - DELEGATION TO COUNTY PLANNING BOARDS OF PRELIMINARY REVIEW OF MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.24 - Revocation of delegation and notice thereof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Recommendation by Executive Director: If at any time after a delegation pursuant to 7:50-3.22(b)  has been made the Executive Director has reason to believe that a county is exercising the delegated preliminary review authority in a manner inconsistent with that represented to the Commission in the request filed pursuant to 7:50-3.21 or in any manner inconsistent with the purposes and provisions of the Pinelands Protection Act, the Federal Act or this Plan, he shall report all facts giving rise to such determination, together with his recommendation that the delegation be revoked, suspended or modified, to the Commission.
(b) Action by the Commission: Upon receipt of any report and recommendation from the Executive Director pursuant to (a) above, the Commission shall determine whether such county has exercised the delegated preliminary review authority in a manner inconsistent with that represented to the Commission in the request filed pursuant to 7:50-3.21 or in any manner not consistent with the purposes and provisions of the Pinelands Protection Act, the Federal Act or this Plan and, if it so determines, shall revoke, suspend or modify such delegation.
(c) Notice of revocation: Within 10 days following entry of any order entered by the Commission pursuant to (b) above, revoking, suspending, or modifying any delegation pursuant to
N.J.A.C. 7:50-3.22(b)
, the Executive Director shall give notice of such order and of its terms, by mail, to the affected county and to all municipalities within such county.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part III - DELEGATION TO COUNTY PLANNING BOARDS OF PRELIMINARY REVIEW OF MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.25 through 7:50-3.30 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.31 - Conformance of municipal master plan and land use ordinances required

Current through Register Vol. 56, No. 14, July 15, 2024
Within one year after the effective date of this Plan, or any amendment hereof, each municipality with jurisdiction over land located within the Pinelands Area shall conform its master plan and land use ordinances applicable to such land to the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.32 - Submission of plan and land use ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
Within one year after the effective date of this Plan, or any amendment thereof, each municipality located in whole or in part in the Pinelands Area shall submit, in accordance with the provisions of this Part, its master plan and land use ordinances to the Commission for review and determination of whether such plan and ordinances are in conformance with the minimum standards of this Plan; provided, however, that municipalities in any county which has been delegated preliminary review authority pursuant to Part III of this subchapter shall submit their master plans and land use ordinances to such county in accordance with 7:50-3.40 and the provision of any applicable ordinance or regulation of such county. Such municipal master plan and land use ordinances shall be in such form and number and shall contain such information as may be required by the Executive Director in order to make the findings required by 7:50-3.39. In no case shall the Executive Director accept a master plan for formal review and certification pursuant to 7:50-3.39 without an adopted ordinance which implements said master plan, unless no such ordinance is necessary.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.33 - Setting of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
After receipt of the master plan and land use ordinances, the Executive Director shall give notice of and set the date, time, and place for a public hearing for consideration of the application. The public hearing shall be held by the Executive Director within 60 days following the receipt of the master plan and ordinances in accordance with the provisions of 7:50-4.3. At the hearing any person may present any relevant information, including but not limited to nominations of Special Agricultural Production Areas and Agricultural Production Areas that are not designated in the submitted municipal master plan or land use ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.34 - Recommendation of Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion of the public hearing, the Executive Director shall review the application and the record of the hearing and shall, within 100 days following the receipt of the master plan and land use ordinances, submit a report to the Commission setting forth proposed findings and a recommended order as to whether the master plan and land use ordinances are in conformance with the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.35 - Certification of municipal master plans and land use ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of the report of the Executive Director, the Commission shall review the findings, conclusions and recommendation of the Executive Director and shall, within 120 days following receipt of the plan and land use ordinances, issue an order certifying, certifying with conditions or disapproving the municipal master plan and land use ordinances. If the municipal master plan and land use ordinances are certified with conditions or disapproved, the Commission shall specify the changes necessary in order to secure Commission certification of the municipal master plan and land use ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.36 - Responsibility of municipality upon conditional certification or disapproval

Current through Register Vol. 56, No. 14, July 15, 2024
Any municipality whose master plan or land use ordinances have been disapproved or certified with conditions shall modify such master plan or land use ordinances as is necessary to conform to the minimum standards of this Plan and the provisions of any conditions attached to a conditional certification. Within 120 days after the Commission order disapproving or certifying with conditions, each such municipality shall submit its modified master plan and land use ordinances for review pursuant to the provisions of 7:50-3.33 through 3.35.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.37 - Effect of municipality's failure to obtain Commission certification of master plan and land use ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
In the Preservation Area, and after one year from the effective date of this Plan, in the Pinelands Area, no person shall carry out any development in an uncertified municipality unless such development has been approved by the Commission pursuant to N.J.A.C. 7:50-4, Part II. Such approval shall supersede any local decision if a municipality has not received certification of its master plan and land use ordinances. If the Commission conditionally certifies or disapproves an amendment to a municipal master plan or land use ordinance pursuant to 7:50-3.35 and the municipality does not comply with the requirements of 7:50-3.36, the amendment shall be deemed to be disapproved. The municipality's previously certified master plan and land use ordinances shall remain in effect unless the amendment constituted the required response to an order issued pursuant to Part VI of this subchapter or to an amendment adopted by the Commission pursuant to N.J.A.C. 7:50-7. In that case, the municipality's master plan and land use ordinances shall be deemed to be uncertified and the provisions of N.J.A.C. 7:50-4, Part II shall apply to all development requiring municipal approval.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.38 - Effect on and responsibilities of municipality upon certification

Current through Register Vol. 56, No. 14, July 15, 2024
Commission certification of a municipal master plan and land use ordinances shall authorize such municipality to grant, to the extent that it is so authorized by State law or municipal ordinance, any permits or approvals of development within its Pinelands Area jurisdiction subject to 7:50-4.31 through 4.42 or 7:50-3.81 through 3.85; provided, however, that all such permits or approvals granted, and any other action taken by such municipality with respect to the development or use of land within the Pinelands Area, shall be in strict conformance with the certified municipal master plan, land use ordinances and this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.40 - Submission to county planning board for preliminary review

Current through Register Vol. 56, No. 14, July 15, 2024
When a county has, pursuant to the provisions of N.J.A.C. 7:50-3, Part III, been delegated preliminary review authority with respect to any municipal plan or land use ordinance, the submission required by 7:50-3.32 in connection with such plan or ordinance shall be made to such county. Within five days following the submission of the plan and land use ordinances, the county shall forward a copy of such application to the Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.41 - Setting of hearing and procedures therefor

Current through Register Vol. 56, No. 14, July 15, 2024
Within 15 days following the submission of a plan and land use ordinances, the clerk of the county shall set and give notice of, the date, time and place for a hearing thereon. Such hearing shall be held within 30 days following the submission of a plan and land use ordinances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.42 - Recommendation of county board

Current through Register Vol. 56, No. 14, July 15, 2024
After the hearing held pursuant to 7:50-3.41 is completed, the county planning board shall review the plan and land use ordinances and the record of the hearing and shall, within 60 days following receipt of the plan and land use ordinances, submit a report to the Commission setting forth its findings and recommendation as to whether the municipal master plan and land use ordinances are in conformance with the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.43 - Recommendation of Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of the report of the county planning board with respect to the certification of any municipal master plan and land use ordinances, the Executive Director shall review the findings, conclusions and recommendation of the county planning board and the record of the hearing and shall, within 100 days following receipt of the plan and land use ordinances by the county planning board, submit a report to the Commission setting forth his recommendation as to whether the municipal master plan and land use ordinances should be certified as being in conformance with the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.44 - Action by Commission

Current through Register Vol. 56, No. 14, July 15, 2024
Within 120 days following the receipt of the plan and land use ordinances by the county planning board, and following the receipt of the reports of the Executive Director and the county planning board with respect to the certification of such municipal master plan and land use ordinances, the Commission shall review the reports and enter an order as provided in 7:50-3.35.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.45 - Submission and review of amendments to certified municipal master plans and land use ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submission: No amendments to any part of a certified municipal master plan or land use ordinance shall be effective until the municipality shall have submitted such amendment to the Commission and either the Commission has certified such amendment pursuant to 7:50-3.35, or the Executive Director has, pursuant to (b) below notified the municipality that such amendment does not affect the prior certification of the master plan or land use ordinance.
(b) Decision not to review: Within 30 days following receipt of any amendment to a certified master plan or land use ordinance, the Executive Director shall determine whether or not the amendment raises a substantial issue with respect to the conformance of the municipal master plan or land use ordinances with this Plan. If the Executive Director determines that no such substantial issue is raised, he shall certify such fact to the municipal clerk and such amendment shall thereupon take effect in accordance with its terms and applicable law.
(c) Decision to review: If the Executive Director determines that the amendment raises a substantial issue with respect to the conformance of the amended municipal master plan or land use ordinance to this Plan, the amended municipal master plan or land use ordinance shall be reviewed pursuant to 7:50-3.33 through 3.44 and the Executive Director shall so inform the municipal clerk.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part IV - CERTIFICATION OF MUNICIPAL PLANS › Section 7:50-3.46 through 7:50-3.50 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.51 - Conformance of Federal installation master plans

Current through Register Vol. 56, No. 14, July 15, 2024
Within one year after approval of this Plan by the Secretary of the Interior, each military installation and Federal aviation facility shall provide a copy of its master plan for the installation or facility to the Commission. The preparation and adoption of the installation master plan shall be independent of the application procedures as set forth in N.J.A.C. 7:50-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.52 - Elements of Federal installation master plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Federal installation master plan shall include at least, if applicable to that Federal installation, the following items in the standard format applicable to that installation:
1. Environmental information prepared by the installation or other appropriate agency as required by the National Environmental Policy Act of 1969;
2. A delineation of any areas of critical ecological importance;
3. An existing land use map which should include the location, character, and intensity of existing land uses;
4. A future land use map depicting planned or anticipated land uses which should include the location, character, and intensity of uses; and
5. The status of major construction projects which should include a description of ongoing or planned projects and projected dates of commencement and completion.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.53 - Preparation of the plan for review

Current through Register Vol. 56, No. 14, July 15, 2024
Each Federal installation shall prepare, with the assistance of the Commission staff as may be available from time to time, its Federal installation master plan in accordance with provisions of Part V of this subchapter, and upon its review and approval by the Department of Defense, shall submit it to the Commission for review and determination of whether the master plan is in substantial conformance with this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.54 - Recommendation of Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director shall review the plan, together with the recommendation of the staff, and shall submit a report to the Commission setting forth proposed findings and recommendations as to whether the Federal installation master plan is in substantial conformance with this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.55 - Review of Federal installation master plans

Current through Register Vol. 56, No. 14, July 15, 2024
Within 60 days after receipt of the Executive Director's report, the Commission shall review the findings and recommendations. The Commission shall specify the changes necessary in order to ensure substantial conformance with this Plan. The Commission shall inform the Federal installation of its recommendations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.56 - Amendments to Federal installation plans

Current through Register Vol. 56, No. 14, July 15, 2024
Each Federal installation and the Commission may propose amendments to an approved installation plan from time to time. Such amendments shall be approved in the manner provided in this Part for approval of the original plan and such amendments shall not require the revision or approval of the plan as a whole.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part V - FEDERAL INSTALLATION PLANS › Section 7:50-3.57 through 7:50-3.60 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VI - MODIFICATION OR REVOCATION OF CERTIFICATION OF COUNTY AND MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.61 - Initiation by Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may request the Executive Director to assess whether a certified county or municipal master plan, regulation or ordinance is being implemented in accordance with the provisions of this Plan. Such request shall be in writing and shall specify the county or municipal acts which are alleged to be not in conformance with this Plan by date, time and other identifying characteristics.
(b) If the Executive Director determines, at any time, that any county or municipality is not implementing and enforcing its certified master plan, regulations or ordinances as is necessary to implement this Plan, he shall notify the Commission of such determination and upon its concurrence initiate proceedings pursuant to this Part to revoke, suspend or modify the Commission certification of the municipal or county master plan, regulations or ordinances.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VI - MODIFICATION OR REVOCATION OF CERTIFICATION OF COUNTY AND MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.62 - Notice and hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon making a determination to initiate proceedings to revoke, suspend or modify Commission certification of a county or municipal master plan, regulation or land use ordinance, the Executive Director shall give notice and conduct a public hearing in accordance with the provisions of N.J.A.C. 7:50-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VI - MODIFICATION OR REVOCATION OF CERTIFICATION OF COUNTY AND MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.63 - Recommendation of Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
After the completion of the hearing required by 7:50-3.62, the Executive Director shall review the record of the hearing and shall, within 45 days of the conclusion of the hearing, submit a report to the Commission setting forth his findings, conclusions and recommendations as to the action which should be taken by the Commission pursuant to this Part. He may recommend any action which the Commission is authorized to take pursuant to 7:50-3.64.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VI - MODIFICATION OR REVOCATION OF CERTIFICATION OF COUNTY AND MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.64 - Action by Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the report of the Executive Director pursuant to 7:50-3.63, the Commission shall review the findings, conclusions and recommendations of the Executive Director and shall issue a final order with respect to the revocation, suspension or modification of the Commission certification of the county or municipal master plan, regulations or ordinances. Upon determining that the county or municipality is not implementing its master plan, regulations, ordinances or this Plan, the Commission shall issue an order:
1. Revoking or suspending Commission certification of the county or municipal master plan, regulations or land use ordinances;
2. Modifying such certification to impose any conditions necessary to ensure adequate county or municipal review of development within its jurisdiction; or
3. Taking any other action it deems necessary to ensure county or municipal cooperation in the implementation of the objectives of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VI - MODIFICATION OR REVOCATION OF CERTIFICATION OF COUNTY AND MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.65 - Effect of modification, suspension or revocation of Commission certification

Current through Register Vol. 56, No. 14, July 15, 2024
Revocation, suspension or modification of Commission certification of any county or municipal master plan, regulation or land use ordinance shall have the same effect as if the county or municipal master plan, regulation or land use ordinance had been disapproved or certified with conditions in the first instance as provided in 7:50-3.17 or 3.37. Any revocation, suspension or modification of Commission certification pursuant to this Part shall remain in effect until otherwise ordered by the Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VI - MODIFICATION OR REVOCATION OF CERTIFICATION OF COUNTY AND MUNICIPAL PLANS AND ORDINANCES › Section 7:50-3.66 through 7:50-3.70 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VII - ADOPTION OF RULES AND REGULATIONS FOR UNCERTIFIED AREAS › Section 7:50-3.71 - Commission adoption of rules and regulations for uncertified areas

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that any county or municipality fails to obtain certification of its land use plan, regulations and ordinances, the Commission shall adopt and enforce such rules and regulations as may be necessary to implement the minimum standards contained in this Plan and as may be applicable to any such county or municipality.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VII - ADOPTION OF RULES AND REGULATIONS FOR UNCERTIFIED AREAS › Section 7:50-3.72 - Preparation and review of rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall prepare or cause to be prepared such rules and regulations which are consistent with and implement this Plan for any municipality or county which fails to obtain certification under this Plan. Said rules and regulations shall include those provisions necessary to implement the goals and objectives of this Plan including:
1. A procedure for nominating and designating Special Agricultural Production Areas; and
2. A procedure for implementing all the mandatory and optional elements of N.J.A.C. 7:50-6. Said rules and regulations shall not include the optional programs in N.J.A.C. 7:50-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VII - ADOPTION OF RULES AND REGULATIONS FOR UNCERTIFIED AREAS › Section 7:50-3.73 - Public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall conduct a public hearing in accordance with the provisions of N.J.A.C. 7:50-4 to consider the proposed rules and regulations for uncertified areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VII - ADOPTION OF RULES AND REGULATIONS FOR UNCERTIFIED AREAS › Section 7:50-3.74 - Adoption of rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion of the public hearing provided in 7:50-3.73, the Commission shall revise and adopt said rules and regulations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VIII - ALTERNATIVE LOCAL PERMITTING PROGRAMS › Section 7:50-3.81 - Purpose of alternative local permitting programs

Current through Register Vol. 56, No. 14, July 15, 2024
In order to provide for more efficient or simplified processing of development applications or to allow municipalities to exercise additional direct decisionmaking authority, the Commission may alter the development review procedures in 7:50-4.31 through 4.42 through its certification of county regulations or a municipal ordinance pursuant to this Subchapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VIII - ALTERNATIVE LOCAL PERMITTING PROGRAMS › Section 7:50-3.82 - Description of alternative permitting programs

Current through Register Vol. 56, No. 14, July 15, 2024
Alternative permitting programs may establish application processing procedures or decisionmaking requirements which differ from those set forth in 7:50-4.31 through 4.42. The Commission in its discretion may disapprove a requested alternative program due to the type, magnitude, location or complexity of development to be reviewed under the proposed program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VIII - ALTERNATIVE LOCAL PERMITTING PROGRAMS › Section 7:50-3.83 - Certification standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may certify a county regulation or municipal ordinance which contains an alternative permitting program only if the following standards are met, taking into account the type, magnitude, location or complexity of development for which the program applies:
1. The county or municipality has demonstrated capability to implement the program in an efficient and effective manner;
2. The program, including the procedures to be followed, standing alone or in combination with activities continuing to be administered by the Commission, ensures that application requirements and permit decisions are adequate to determine compliance with the relevant criteria and standards of N.J.A.C. 7:50-5 and 6 and the provisions of the relevant certified local regulation or ordinance;
3. The program ensures that adequate, qualified and capable personnel will administer the program and that safeguards exist to ensure that (a)2 above is met in the event of personnel changes;
4. The program ensures that applicants receive any necessary waivers of strict compliance from the Pinelands Commission; and
5. Either the program allows for Commission review of local approvals pursuant to 7:50-4.31 et seq. or includes an alternative procedure to ensure that periodic review of permits by the Commission may be conducted to assess consistency of the program with the standards of N.J.A.C. 7:50-5 and 6 and the provisions of the relevant certified local regulation or ordinance. The alternative procedure shall also include a requirement for all local approvals to be subject to review by the Commission pursuant to 7:50-4.31 through 4.42 in the event that the Executive Director makes a recommendation to the Commission pursuant to 7:50-3.85. In that event, the procedures for the review of local approvals set forth in 7:50-4.31 through 4.42 shall remain in effect until such time as the procedures in 7:50-3.61 through 3.65 have been followed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VIII - ALTERNATIVE LOCAL PERMITTING PROGRAMS › Section 7:50-3.84 - Assistance and monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director is authorized to provide such assistance to counties and municipalities as he or she deems necessary and appropriate and within the means of the Commission to help implement and maintain an alternative permitting program.
(b) The Executive Director shall report on each alternative permitting program to the Commission and the appropriate county or municipality in accordance with a specific review program approved by the Commission concurrent with its certification of the alternative permitting program. Such report shall describe the elements of the permitting program and evaluate their operation according to the standards of 7:50-3.83.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 3 - CERTIFICATION OF COUNTY, MUNICIPAL AND FEDERAL INSTALLATION PLANS › Part VIII - ALTERNATIVE LOCAL PERMITTING PROGRAMS › Section 7:50-3.85 - Failure to implement

Current through Register Vol. 56, No. 14, July 15, 2024
Should the Executive Director recommend that the Commission revoke, suspend, or modify its certification of a county regulation or municipal ordinance which institutes an alternative permitting program because one or more of the certification standards is not being adequately fulfilled, the procedures set forth in 7:50-3.61 through 3.65 shall be followed. In such cases, the revocation, suspension or modification shall affect the alternative permitting program and procedures and not the certification status of the substantive provisions of the certified county regulation or municipal land use ordinance, unless such county or municipality willfully ignores or refuses to implement such revocation, suspension or modification order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part I - UNIFORM PROCEDURES › Section 7:50-4.2 - Pre-application conference; application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pre-application conference.
1. Request: Any applicant for any application provided for in this Plan may request an informal conference with the Executive Director prior to filing an application. However, an applicant seeking approval pursuant to the provisions of Part III of this subchapter is encouraged to discuss the application with the appropriate officials in the certified municipality prior to requesting a conference with the Executive Director. All requests for a pre-application conference shall include the name and address of the applicant, the legal description and street address, if any, of the parcel proposed for development, a brief description of the nature of any proposed development and the nature of the approval or waiver sought by the applicant.
2. Scheduling of conference: Within 15 days following receipt of any request for a pre-application conference, the Executive Director shall schedule a pre-application conference and notify the applicant of the time, date and location of the conference and specify any additional information which the Executive Director determines is necessary.
3. Conduct and purpose of conference: The Executive Director shall conduct the pre-application conference. The conference shall be informal and its purpose shall be to openly consider the proposals, views and concerns of the applicant and the Commission and to determine whether any of the application requirements of (b) below should be waived or any additional information should be required.
4. Pre-application conference orders: At the conclusion of the pre-application conference, the Executive Director shall inform the applicant in writing whether any of the application requirements contained in (b) below are to be waived or any additional information is to be submitted.
5. Representations of the Executive Director: No representation made by the Executive Director or any member of the staff designated by the Executive Director during the course of any pre-application conference shall be binding on the Commission or the Executive Director with respect to any application subsequently submitted.