reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.4 - Specific nonstructural stormwater management strategies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To the maximum extent practicable, the standards in this subchapter shall be met by incorporating nonstructural stormwater management strategies into the design. The persons submitting an application for review shall identify the nonstructural strategies incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management strategies identified in (b) below into the design of a particular project, the applicant shall identify the strategy and provide a basis for the contention.
(b) Nonstructural stormwater management strategies incorporated into site design shall:
1. Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
2. Minimize impervious surface and break up or disconnect the flow of runoff over impervious surface;
3. Maximize the protection of natural drainage features and vegetation;
4. Minimize the decrease in the "time of concentration" from pre-construction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed;
5. Minimize land disturbance including clearing and grading;
6. Minimize soil compaction;
7. Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
8. Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and
9. Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls include, but are not limited to:
i. Site design features that help to prevent accumulation of trash and debris in drainage systems;
ii. Site design features that help to prevent discharge of trash and debris from drainage systems;
iii. Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
iv. When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, 4:24-39 et seq., and implementing rules.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.5 - Specific recharge standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The minimum design and performance standards for groundwater recharge are as follows:
1. The design engineer shall either:
i. Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual preconstruction groundwater recharge volume for the site; or
ii. Demonstrate through hydrologic and hydraulic analyses that any increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.6 - Specific stormwater runoff quantity standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff, at 7:8-5.6, Calculation of stormwater runoff, complete one of the following:
1. Design stormwater management measures so that the post-construction peak runoff rates for the two-, 10- and 100-year storm events are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff rates.
i. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 8 - STORMWATER RUNOFF AND WATER QUALITY IMPACT REVIEW › Section 7:45-8.8 - Specific stormwater management maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Responsibility for operation and maintenance of stormwater facilities installed, including periodic removal and disposal of accumulated particulate material and debris, unless assumed by a governmental agency, shall remain with the owner of the property and runs with the land to all heirs, successors, persons and assigns and to any and all mortgagees. Permanent conservation and maintenance easements to ensure continued performance of these obligations shall be completed and executed by the owner of the property on forms provided by the Commission. Stormwater facilities maintained by local, county or State government agencies shall not be required to file a conservation and maintenance easement. The easements shall include, but not be limited to, the following information provided by the applicant:
1. A list of all structural stormwater management facilities; and
i. Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 9 - STREAM CORRIDOR IMPACT › Section 7:45-9.1 - Scope of review

Current through Register Vol. 56, No. 14, July 15, 2024
Each project within Zone A or Zone B, or both, of the Review Zone shall be subject to review by the Commission for stream corridor impact if the project includes a portion of a stream corridor, as defined at 7:45-1.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 9 - STREAM CORRIDOR IMPACT › Section 7:45-9.2 - Submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each project that is subject to review by the Commission for stream corridor impact in accordance with 7:45-9.1, the applicant shall submit to the Commission a map of the project site delineating the stream corridor at a scale of one inch equals 100 feet and containing the following:
1. The 100-year flood line, verified by the Department's Division of Land Use Regulation;
2. The 100-foot wide buffer along the 100-year flood line;
3. The location of all improvements and/or disturbances proposed to be located within the stream corridor;
4. A description of existing vegetation in the stream corridor; and
5. A metes and bounds description of the project site boundary and the stream corridor boundary, both on hard copy as well as a digital rendition, either as a CAD.dxf file or ArcView shapefile.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 9 - STREAM CORRIDOR IMPACT › Section 7:45-9.3 - Prohibited uses within stream corridors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses shall be prohibited within a stream corridor:
1. Construction of new structures, including but not limited to buildings, retaining walls, and detention or retention basins;
2. Regrading of the existing topography;
3. On-site sewage disposal systems;
4. Any solid or hazardous waste facilities, as defined in N.J.A.C. 7:26, including, but not limited to, sanitary landfills, transfer stations, wastewater lagoons and impoundments;
5. Junk yards, commercial and industrial storage facilities and the open storage of vehicles and materials;
6. Barns, stables, feedlots, barnyards, poultry buildings, and farm waste disposal facilities;
7. Parking facilities, driveways and roads that parallel the stream corridor;
8. Removal of native vegetation or actions that result in the death of native vegetation except as necessary in connection with activities in the stream corridor permitted by the Commission;
9. Installation of non-native vegetation; and
10. New outfalls within stream corridors of water courses that discharge to the Canal, as described at 7:45-8.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 9 - STREAM CORRIDOR IMPACT › Section 7:45-9.4 - Conditional uses within stream corridors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses may be permitted within a stream corridor of a water course as defined in 7:45-1.3 that does not directly enter the Canal, if the applicant demonstrates to the satisfaction of the Commission that the proposed use complies with the Master Plan and this chapter:
1. Recreational paths;
2. Outlet installation for sewage treatment plants and sewage pumping stations, and the expansion of existing sewage treatment facilities;
3. Private or public water supply wells that have a sanitary seal;
4. Culverts, pipelines, bridges and roads that cross the corridor as directly as practical, and that have received approval from the appropriate municipal, county and State agencies having such authority. Crossings shall be designed to ensure that fish passage is unimpeded when the water level of the stream is at its lowest, unless the applicant demonstrates that the stream is unsuitable for habitation by fish and will remain so for the foreseeable future. The applicant shall ensure fish passage by maintaining the existing gradient and bottom contours of the water body to the extent possible, and by using arched culverts, or other structures that will ensure unimpeded fish passage;
5. Sanitary or storm sewers;
6. Outfall structures associated with storm water management facilities;
7. Underground utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices approved by the United States Soil Conservation Service and the State Soil Conservation Committee and in a manner that will not impede flows or cause ponding of water; and
8. If the project site is a lot totaling less than one acre, and if the lot has been in existence since January 1989, the construction of one house or portion thereof may be conditionally permitted within the stream corridor. This conditional use does not apply, however, to the 100-year floodplain portion of the stream corridor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 9 - STREAM CORRIDOR IMPACT › Section 7:45-9.5 - Preservation of stream corridor

Current through Register Vol. 56, No. 14, July 15, 2024
The applicant shall take whatever measures are necessary to ensure that stream corridors will be preserved and to prevent future encroachments in the stream corridor. At a minimum, such measures shall include easements, deed restrictions, or other measures satisfactory to the Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 9 - STREAM CORRIDOR IMPACT › Section 7:45-9.6 - Local stream corridor ordinance

Current through Register Vol. 56, No. 14, July 15, 2024
When the Commission determines that a municipality or county has adopted a stream corridor ordinance that is more stringent than this subchapter, then compliance with the stricter requirements in said ordinance shall be required as a condition of the Commission's individual approval, the provisions of this subchapter being considered as minima and not maxima. In such instances, the applicant shall grant to the Commission an easement or conservation restriction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 10 - VISUAL, HISTORIC AND NATURAL QUALITY IMPACT › Section 7:45-10.1 - Submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall be submitted to the Commission for review of the visual, historic and natural quality impact of all projects:
1. A plan showing the location, type and size or dimension of existing trees with a diameter at breast height of 12 inches or greater, rock masses, and all other natural and man-made features, with designation of the features that will be retained in the completed development;
2. A drawing of the structure(s) specifying color and type of surface materials, and showing all elevations visible from the Park;
3. A photograph of each of the existing structure(s) and a drawing showing details of proposed alterations, including notation of colors and materials to be used;
4. A site plan to scale showing the location, dimensions, and arrangements of all open space and yards, type of paving materials, methods to be employed for visual screening, and proposed grades;
5. A survey of the property; and
6. For private projects within the Park, a copy of a lease agreement application to the New Jersey Water Supply Authority.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 10 - VISUAL, HISTORIC AND NATURAL QUALITY IMPACT › Section 7:45-10.2 - General standards of review for visual, historic and natural quality impact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall review all projects in Zone A to determine if the project is in accord with the goals for the Park as defined in the Park's Master Plan. The visual, historic and natural quality impact review is intended to assure that development within Zone A is not harmful to the character of the environmental types identified in the Master Plan as comprising the Park. The environmental types are based upon the character of the section of the Park and its adjoining corridor. The six environmental types are:
1. Natural: Sign of human impact are non-existent or slight;
2. Rural: Natural conditions dominate but unobtrusive signs of human impact exist;
3. Suburban: A dominant feeling of open space, but that space is chiefly defined by structures;
4. Urban: Enclosure by dense development;
5. Transportation: Park squeezed between roads, railroads, and river or stream; and
6. Special Node: Small areas with unique characteristics.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 10 - VISUAL, HISTORIC AND NATURAL QUALITY IMPACT › Section 7:45-10.3 - Review of visual, historic and natural quality impact of projects within Zone A

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Major projects are discouraged from those portions of Zone A that comprise the Natural, Rural, Transportation, and Special Node Environments of the Park. Where major projects are proposed for the above-cited Review Zone environments, the Commission shall not grant approval unless specific compensatory measures that mitigate the project's potential for harmful impact on the Park are provided. Examples of such compensatory measures might include, but are not limited to:
1. Increased setback distances from the Park;
2. At least 40 percent of the total project site be made available for open space for recreation or conservation purposes, and location of that open space be as near the Park as possible;
3. Extensive landscape development;
4. Development of circulation patterns that direct traffic away from the Park;
5. Noise abatement measures;
6. Improvements to adjoining portions of the Park; and
7. Signs or other means of interpreting any historic structures or districts relating to the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 10 - VISUAL, HISTORIC AND NATURAL QUALITY IMPACT › Section 7:45-10.4 - Design standards for review of visual, historic and natural quality impact

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided in 7:45-10.3, major and minor projects in Zone A shall be set back from the Park sufficiently far so that the winter visual and natural quality of the Park is not adversely affected. The following setbacks, all of which are from the nearest boundary of the Park, are required unless the Commission approves an alternative:
1. In urban environments, there are no minimum setbacks except as may be prescribed by municipal ordinances.
2. In suburban and transportation environments, all structures shall be located 200 feet or more from the Park.
3. In natural and rural environments, all structures shall be located 250 feet or more from the Park.
4. In any area where existing vegetation does not provide adequate winter screening, the project shall include landscaping, or a greater setback, or both, to protect the Park's visual environment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 11 - TRAFFIC IMPACT › Section 7:45-11.1 - Review of major projects for traffic impact

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall review major projects in Zone A of the Review Zone, or major projects in Zone B of the Review Zone that are within one mile of any portion of the Park and have direct access to a road that enters Zone A, for their traffic impact on roads that enter the Park or any part of Zone A. The applicant shall submit a traffic impact study that shows the amount of additional traffic generated by the project and the directions in which this traffic will move. If the Commission determines that the additional traffic will have an adverse impact on the Park, the applicant shall use any feasible planning techniques that will direct any additional traffic away from the Park. If the Commission is satisfied that there are no feasible planning techniques other than as set forth in the project proposal that can direct any additional traffic away from the Park, the project shall be approved for traffic impact review.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 11 - TRAFFIC IMPACT › Section 7:45-11.2 - Review of road construction, road improvements, and new traffic loads

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall not approve projects that include new vehicular crossings of the Canal unless the applicant demonstrates to the satisfaction of the Commission that the project conforms with the following goals:
1. A new interstate or similar major road crossing shall relieve congestion on existing local vehicular crossings;
2. Any new local vehicular crossing shall be accompanied by the elimination of an existing local vehicular crossing;
3. The materials, colors, size, and design of the vehicular crossing shall be compatible with the Park;
4. Recreational access to the Park and recreational continuity within the Park shall not be adversely impacted by new crossings;
5. Noise retardation measures shall be utilized wherever appropriate; and
6. Connections between new vehicular crossing roads and existing or new parallel roads shall not increase traffic flow on the parallel roads.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes procedures and standards pursuant to which the Commission may waive strict adherence to one or more of the review standards in this chapter. Waivers granted pursuant to this subchapter are intended to provide relief where strict adherence to the Commission's review standards will create an extreme economic hardship or where the waiver is necessary on the grounds that the project serves a compelling public need, or where the Commission determines that the waiver granted will not create an adverse impact on the Park and will not impair the intent and purpose of the Master Plan or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.2 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A waiver request shall be in writing and shall demonstrate that the project will comply with this chapter, subject to the waiver. The request shall also include the documentation required for approval of a project under N.J.A.C. 7:45-3, and must include all documentation that N.J.A.C. 7:45-3 requires for the standard for which a waiver is sought.
(b) To support a waiver based upon extreme economic hardship, the applicant shall submit to the Commission documentation including, but not limited to, the following:
1. Proof that any current use of the property is not capable of yielding a reasonable return if its present use is continued;
2. Identification of the specific regulatory provisions for which the applicant seeks a waiver;
3. An explanation of how the project has been designed to comply as much as possible with the other parts of this chapter as well as any proposed mitigation techniques proposed to offset waiving strict adherence to the requirements of this chapter;
4. Documentation that the subject property has been offered for sale for market value, as defined in the Green Acres Program rules at 7:36-2.1, to other interested parties including the contact persons and phone numbers (including adjacent land owners, the Department's Green Acres program, or other conservation groups) and that they are not interested in purchasing the property for market value;
5. A complete purchase contract for the subject property;
6. A title report and the title policy;
7. The survey used for the purchase;
8. A copy of any mortgage on the property since acquisition by the present owner; and
9. A copy of current municipal zoning ordinance and permissible uses for the site.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.3 - Waiver of review standards due to extreme economic hardship or compelling public need

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission may waive a requirement of this chapter, upon a clear and convincing demonstration by the applicant that:
1. Strict adherence to the review standards or to a specific requirement of this chapter would not be practical and would result in extreme economic hardship, or would conflict with a compelling public need; and
2. The project will not impair the intent and purpose of the Master Plan or this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.4 - Waiver of stream corridor impact standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects otherwise subject to review by the Commission for stream corridor impact may be waived from strict adherence to such standards if the applicant establishes to the satisfaction of the Commission that:
1. The project will not have an adverse impact upon the stream corridor's ability to function as a buffer for the water course's ecological health and as a natural area; or
2. The project incorporates environmentally sound site planning techniques, or preserves other natural areas, either of which can be demonstrated to have a greater ecologically beneficial effect than would compliance with this chapter. Neither of these techniques will be accepted by the Commission, however, for proposals that include either:
i. Intrusions into the 100-year flood plain portion of the stream corridor; or
ii. For water courses that drain directly into the Canal, intrusions within 150 feet of their tops of banks.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.5 - Waiver of traffic impact standards

Current through Register Vol. 56, No. 14, July 15, 2024
Projects otherwise subject to review by the Commission for traffic impact will be waived from strict adherence to such review if the applicant establishes to the satisfaction of the Commission that the project will not have a direct traffic impact on the Park.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.6 - Waiver of stormwater runoff and water quality impact standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects otherwise subject to review by the Commission for stormwater runoff and water quality impact may be waived from strict adherence to such standards if the applicant establishes to the satisfaction of the Commission that:
1. The project will not adversely affect, either directly or indirectly, the quality of surface waters of the Park under either wet or dry weather conditions; and
2. The groundwater effects produced by the project are unlikely to measurably harm the quality of the surface waters or groundwaters of the Park.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.7 - Waiver of visual, historic and natural quality impact standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects otherwise subject to the visual, historic and natural quality standards may be waived from strict adherence to such standards, if the applicant establishes to the satisfaction of the Commission that:
1. Visual screening will continue to exist in the future; and
2. Wherever possible, natural terrains, soils and vegetation are to be preserved, and new vegetation and soils are to be native to the environment in which they are placed; and
i. The topography of the land screens the entire project from the view of a person in the Park;
ii. Existing structures screen the entire project from the view of a person in the Park; or
iii. Vegetation located on preserved land screens the entire project from the view of a person in the Park during the winter season.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.8 - Waiver of reconstruction or minor alteration review

Current through Register Vol. 56, No. 14, July 15, 2024
Government and private projects otherwise subject to review by the Commission for reconstruction or minor alterations may be waived from strict compliance with the Commission's standards if the applicant establishes to the satisfaction of the Commission that the project consists solely of the reconstruction of a previously existing structure that was partially destroyed by fire, flood, or other natural disaster, and that the reconstruction will not increase the use or the exterior dimensions of the structure. For projects within Zone A, reconstruction must not alter the appearance of the structure prior to the natural disaster. Structures that are totally destroyed by such natural disasters are not eligible for waiver.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 12 - WAIVER OF STRICT ADHERENCE TO REVIEW STANDARDS › Section 7:45-12.9 - Exclusivity of waiver

Current through Register Vol. 56, No. 14, July 15, 2024
Waiver of review for a specific standard does not constitute a waiver of review for any other standard pursuant to this chapter.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 13 - FEES › Section 7:45-13.1 - General fee provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application submitted to the Department shall include all applicable fees unless otherwise specified in this section. An application that does not include the fee or fees required under this subchapter shall be considered incomplete, and shall be handled accordingly pursuant to 7:45-3.4. The fees for each application are set forth at 7:45-13.2.
(b) In accordance with the applicable application checklist, an applicant may submit a personal check, certified check, attorney check, government purchase order, or money order to pay for all fees.
(c) A Commission application review may be comprised of several components. Not all applications require review under all components. The applicant shall be required to pay the fee(s) for only those review components that are required under a particular application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 13 - FEES › Section 7:45-13.2 - Fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee for a written jurisdictional determination shall be $ 50.00.
(b) The fee for authorization under General Permit 1 shall be $ 50.00.
(c) The fee for authorization under General Permit 2 shall be $ 100.00.
(d) The fee for visual impact review of a minor project in the A Zone in accordance with N.J.A.C. 7:45-10 shall be $ 250.00.
(e) The fee for visual impact review of a major project in the A Zone in accordance with N.J.A.C. 7:45-10 shall be $ 500.00 (base) plus $ 100.00 per lot.
(f) The fee for stormwater review in accordance with N.J.A.C. 7:45-8 shall be:
1. For minor A Zone projects:
i. Single family home or duplex: $ 100.00;
ii. Projects adding less than 800 square feet of impervious surface: $ 100.00; and
iii. All other minor A Zone projects: $ 500.00;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 45 - RULES FOR THE REVIEW ZONE OF THE DELAWARE AND RARITAN CANAL STATE PARK › Subchapter 14 - SEVERABILITY › Section 7:45-14.1 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.1 - Title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be known as the Implementation Element of Pinelands Comprehensive Management Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is adopted pursuant to the Pinelands Protection Act, 13:18A-1 to 29, as amended by Laws of 1980, Chapter 65, adopted on July 10, 1980.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.3 - General purpose and intent

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is adopted in order to implement, and is an exercise of the powers granted to the Pinelands Commission by, the Pinelands Protection Act and the Federal Act. The regulations and standards it contains are designed to promote orderly development of the Pinelands so as to preserve and protect the significant and unique natural, ecological, agricultural, archaeological, historical, scenic, cultural and recreational resources of the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall apply to all development within the Pinelands Area and shall supersede the interim rules and regulations adopted by the Pinelands Commission contained in 7:1G-1.1 et seq. and 2.1 et seq. and the Plan for the Preservation Area adopted by the Pinelands Commission on August 8, 1980. It shall be unlawful for any person to carry out any development in the Pinelands Area which does not conform to the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.5 - Effective date

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall take effect as provided in Sections 5h and 7 of the Pinelands Protection Act, 13:18A-1 to 29, as amended by Laws of 1980, Chapter 65, adopted on July 10, 1980.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.6 - Fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided at (a)1 and 2 below, all applications required or permitted by any provision of this Plan shall be accompanied by a nonrefundable, nontransferable, application fee of $ 250.00 or a fee calculated according to the fee schedule set forth at (b) through (l) below, whichever is greater. No application filed pursuant to this Plan shall be reviewed or considered complete, unless all fees required by this Part have been paid and any escrow required pursuant to N.J.A.C. 7:50-1.7has been submitted.
1. No application fee shall be required for an application processed in accordance with an alternative local permitting program certified by the Commission pursuant to N.J.A.C. 7:50-3.83; and
2. No application fee shall be required for development that is processed in accordance with an intergovernmental agreement approved by the Commission pursuant to N.J.A.C. 7:50-4.52(c)1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.8 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, part, phrase, or provision of this Plan or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the validity of the remainder of this Plan or the application thereof to other persons.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part I - TITLE, AUTHORITY, PURPOSE, APPLICABILITY, FEES AND SEVERABILITY › Section 7:50-1.9 through 7:50-1.10 - 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 1 - GENERAL PROVISIONS › Part II - DUTIES AND POWERS OF THE COMMISSION › Section 7:50-1.11 - Duties and powers

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission bears the ultimate responsibility for implementing and enforcing the provisions of the Pinelands Protection Act and this Plan. In addition, it constitutes the planning entity provided for in the Federal Act and is responsible for achieving the purposes and provisions of the Federal Act. The Commission shall exercise the powers necessary to implement the objective of the Federal Act, the Pinelands Protection Act and this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part II - DUTIES AND POWERS OF THE COMMISSION › Section 7:50-1.12 - Meetings, hearings and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall fix the time and place for holding its regular meetings. Special meetings may be held at the call of the Chairman. All meetings of the Commission shall be held in accordance with the provisions of the "Open Public Meetings Act", 10:4-6.
(b) All hearings of the Commission shall be set, noticed and conducted in accordance with the provisions of 7:50-4.3.
(c) The Commission shall adopt its own procedures for the conduct of its business, meetings and hearings not inconsistent with the Pinelands Protection Act and this Plan. Copies thereof shall be available to any person upon request.
(d) A true copy of the minutes of every meeting of the Commission shall be delivered to the Governor. No action taken by the Commission shall have force or effect until 10 days, exclusive of Saturdays, Sundays and public holidays, following delivery of the minutes to the Governor.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 1 - GENERAL PROVISIONS › Part III - DUTIES AND POWERS OF THE EXECUTIVE DIRECTOR › Section 7:50-1.21 - Duties and powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director shall be the chief administrative officer of the Commission and, subject to the approval of his actions by the Commission as provided herein, shall be charged with the administration and enforcement of this Plan. He shall supervise, manage and be responsible for the affairs and activities of the Commission staff, including, but not limited to, the exercise of the following duties and powers:
1. Rules and Regulations: The Executive Director shall, consistent with the express standards, purposes and intent of this Plan, establish administrative procedures and forms as are in his opinion necessary to the effective administration and enforcement of the provisions of this Plan and the rules and regulations of the Commission.
2. Records: The Executive Director shall maintain:
i. Permanent and current records of this Plan including all maps, amendments, development approvals and denials, interpretations and decisions rendered by the Commission or by the Executive Director together with relevant background files and materials.
ii. A current file of all certificates and approvals issued pursuant to this Plan for such time as necessary to ensure continuous compliance with the provisions of this Plan and such certificates and approvals.
iii. A current file of all letters of interpretation issued pursuant to N.J.A.C. 7:50-4 of this Plan.
iv. Permanent and current records of all meetings, hearings and proceedings, and the minutes and transcripts taken therein, held by the Commission or the Executive Director pursuant to this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 2 - INTERPRETATIONS AND DEFINITIONS › Part I - INTERPRETATION › Section 7:50-2.1 - Provisions are minimum requirements

Current through Register Vol. 56, No. 14, July 15, 2024
In their interpretation and application, the provisions of this Plan shall be held to be the minimum standards for the preservation of the Pinelands, as set forth in the provisions of this element. Where the provisions of this Plan are more restrictive than those of any other statute, ordinance or regulation, the provisions of this Plan shall control.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 2 - INTERPRETATIONS AND DEFINITIONS › Part I - INTERPRETATION › Section 7:50-2.2 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
This Plan, being necessary for the protection and preservation of the resources of the Pinelands, shall be construed liberally to effect the purposes of the Federal Act and the Pinelands Protection Act.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 2 - INTERPRETATIONS AND DEFINITIONS › Part I - INTERPRETATION › Section 7:50-2.3 - Word usage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the interpretation of this Plan, the provisions and rules of this section shall be observed and applied, except where the context clearly requires otherwise:
1. Words used or defined in one tense or form shall include other tenses and derivative forms.
2. Words in the singular shall include plural and words in the plural shall include the singular.
3. The masculine gender shall include the feminine and the feminine gender shall include the masculine.
4. The word "shall" is mandatory.
5. The word "may" is permissive.
6. In case of any difference of meaning or implication between the text of this Plan and any caption, the text shall control.
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 I - PURPOSE › Section 7:50-3.2 through 7:50-3.10 - 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 II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.11 - Conformance of county master plans and regulations required

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 county with jurisdiction over land located within the Pinelands Area shall adopt or amend a master plan applicable to such land and shall amend any regulations applicable to the development of land so that the master plan and regulations 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 II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.12 - Submission of plan and regulations

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 county located in whole or in part in the Pinelands Area shall submit, in accordance with the provisions of this Part, its county master plan and any regulations applicable to the development of land to the Commission for review and determination of whether the county master plan and regulations are in conformance with the minimum requirements of this Plan. Such county master plan and regulations 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 7:50-3.19.
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 7:50-3.13 - Setting of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
After receipt of the county master plan and regulations, the Executive Director shall give notice of and set the date, time and place for a public hearing for consideration of the application, plan and regulations. The public hearing shall be held by the Executive Director within 30 days following the receipt of the plan and regulations in accordance with the provisions of 7:50-4.3.
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 7:50-3.14 - 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 hearings and shall, within 45 days following the receipt of the plan and ordinances, submit a report to the Commission setting forth proposed findings and a recommended order as to whether the county master plan and regulations 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 II - CERTIFICATION OF COUNTY PLANS › Section 7:50-3.15 - Certification of county master plans and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
Upon receipt of the report of the Executive Director, the Commission shall review findings, conclusions and recommendations of the Executive Director and shall, within 60 days following the receipt of the plan and regulations, issue an order certifying, certifying with conditions or disapproving the county master plan and regulations. If the county master plan or regulations are conditionally certified or disapproved, the Commission shall specify the changes necessary in order to secure Commission certification.
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 7:50-3.16 - Responsibility of county upon conditional certification or disapproval

Current through Register Vol. 56, No. 14, July 15, 2024
Any county whose master plan or regulations have been disapproved or certified with conditions shall modify such master plan or regulations as is necessary to conform to the minimum standards of this Plan, the conditions attached to a conditional certification or specified changes. Within 120 days after entry of the Commission order disapproving or certifying with conditions, each county shall submit its modified master plan and regulations for review, pursuant to the provisions of 7:50-3.13 through 3.15.