reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part XV - HISTORIC,ARCHAEOLOGICAL, AND CULTURAL PRESERVATION › Section 7:50-6.156 - Treatment of resources

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Certificate of Appropriateness is required and issued as follows:
1. No construction, or encroachment upon nor alteration, remodeling, removal, disturbance, or demolition of any resource, structure or area designated pursuant to 7:50-6.154 nor any action which shall render such a site inaccessible, shall be permitted without first obtaining a certificate of appropriateness. A certificate of appropriateness shall not be required for routine repair or maintenance, nor interior renovations unless the interior has been expressly found to possess significance according to the designation criteria of 7:50-6.154.
2. No application for development which involves a resource, structure or area found significant pursuant to 7:50-6.155 shall be approved without first obtaining a certificate of appropriateness unless the cultural resource survey accomplishes the recording in accordance with (c) below, in which case no certificate of appropriateness shall be required. A certificate of appropriateness shall not be required for routine repair or maintenance, nor interior renovations unless the interior has been expressly found to possess significance according to the designation criteria of 7:50-6.154.
3. The issuance of certificates of appropriateness by a certified municipality shall be subject to the Pinelands Commission notice and review procedures of N.J.A.C. 7:50-4 unless the proposed developments are exempted pursuant to 7:50-4.1(a). The exemptions of 7:50-4.1(a)  shall not apply to activities set forth in (a)1 above which affect a resource listed in the State or National Registers of Historic Places or which is specifically designated by the Pinelands Commission pursuant to 7:50-6.154. In uncertified municipalities, certificates of appropriateness shall be issued by the Pinelands Commission except as provided above. The Commission's review of a certificate of appropriateness for locally designated sites or areas shall accept the determination for treatment of the local permitting agency, unless the Commission finds the resource meets the standards of 7:50-6.154(b), in which case the certificate of appropriateness must meet the standards of 7:50-6.156(c).
4. Notwithstanding (a)1, 2 and 3 above, development proposed by a county, State or Federal agency shall require that a certificate of appropriateness be issued by the Pinelands Commission only if the site is listed in the State or National Registers of Historic Places, has been specifically designated by the Commission, or determined by the Commission to be significant pursuant to 7:50-6.155.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part XV - HISTORIC,ARCHAEOLOGICAL, AND CULTURAL PRESERVATION › Section 7:50-6.157 - Documentation required for sites with sufficient remains

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sites with sufficient remains are those sites which present graphic evidence of a cultural activity (that is, human alteration of the natural landscape for purposes of occupation or extended use) but which are not found to be significant.
(b) If additional documentation of sites determined to have sufficient remains will provide information beyond that provided in the application for development or the cultural resource survey, these sites shall be documented to include:
1. A narrative description of the resource and its cultural environment;
2. Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;
3. A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and
4. A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Part XV - HISTORIC,ARCHAEOLOGICAL, AND CULTURAL PRESERVATION › Section 7:50-6.158 - Emergency provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding any other provisions of this Part, in any case where the Executive Director determines that alteration, remodeling or demolition of a designated structure is necessary to remedy a condition that is dangerous to life, health or safety, a certificate of appropriateness which is required under the provisions of this Part may be issued under the signature of the Executive Director. The Executive Director shall inform the Commission of any action taken pursuant to this provision at its next regularly scheduled meeting.
(b) If at any time after construction has been commenced, archaeological data is discovered on a site, the developer shall immediately cease construction, notify the Commission and the local permitting agency; and take all reasonable steps to protect the archaeological data in accordance with the Guidelines for Recovery of Scientific, Prehistoric, Historic, and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery ( 36 C.F.R. Part 66 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 6 - MANAGEMENT PROGRAMS AND MINIMUM STANDARDS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
PINELANDS SEPTIC DILUTION MODEL
December 1993
The water quality standards of the Pinelands Comprehensive Management Plan allow the use of individual on-site septic systems provided that the design of the system and the size of the parcel on which the system is located will ensure that the concentration of nitrate-nitrogen in the groundwater exiting the parcel or entering a surface water body will not exceed 2 ppm (N.J.A.C. 7:50-6.84(a)4 iii). The model used to calculate the minimum land area necessary to dilute nitrogen from septic systems to concentrations that will comply with the water quality standards was developed by K.W. Brown (An Assessment of the Impact of Septic Leach Fields, Home Lawn Fertilization and Agricultural Activities on Groundwater Quality, 1980). The following formula is used:
Data in image
Where:
At
=
total parcel area
Af
=
area of disposal field
F
=
unit conversion factor of 10
Lf
=
flux of nitrate-nitrogen below disposal field
(kg/ha/yr)
C
=
concentration of nitrate-nitrogen (ppm)
Df
=
equivalent depth of percolate below disposal field
(cm/yr)
Do
=
equivalent depth of percolate below open acres
(cm/yr)
In using this model, it is necessary to assume values for factors such as wastewater flow into the system, the concentration of nitrogen in the wastewater and the amount of rainfall diluting the nitrogen. The standard assumptions required for use in the Pinelands Dilution Model are contained in Table 1.
The assumed wastewater flow for non-residential uses must be consistent with the values contained in N.J.A.C. 7:9A-7.4, as amended, except that the number of employees may not be utilized in calculating wastewater flow for office uses. Absent actual monitoring of nitrogen concentration in the wastewater, the residential nitrogen concentration of 39.45 ppm will be utilized. If the applicant establishes wastewater flow based on monitoring of flows pursuant to N.J.A.C. 7:9A-7.4, then water quality monitoring must also be done to establish actual nitrogen concentration in the wastewater. All structures are assumed to contribute to the generation of wastewater unless it is demonstrated that the nature of the building construction precludes human occupancy.
TABLE 1
Parameter
Assumption
1.
Number of persons/dwelling
3.5
2.
Number of persons/age restricted dwelling
2.0
3.
Residential wastewater flow (gallons/capita/day)
75
4.
Plant uptake of nitrogen
4.5% (A soils)
9.0% (B soils)
5.
Infiltrating rainfall
20 inches/year
(50.8 cm/year)
6.
Nitrogen production (grams/capita/day)
11.2 gms
7.
Distribution of nitrogen in wastewater
83% blackwater
17% greywater
8.
Nitrogen concentration in wastewater for
39.45 ppm
residential uses
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes a means for making changes in the text of this Plan and in the Land Capability Map. It is intended to be used as a tool to adjust the provisions of this Plan and the Land Capability Map in a manner consistent with the Pinelands Protection Act and the Federal Act in light of changing, newly discovered or newly important conditions, situations or knowledge. It is not intended to be used as an alternative to the procedures set forth in N.J.A.C. 7:50-4, Part V which are designed to provide relief of particular hardships and to satisfy compelling public needs, unless doing so would be of benefit to the Pinelands by furthering the intent of the Pinelands Protection Act and the Federal Act. Neither is it intended to be used to confer special privileges or rights as a means of solving the economic, competitive or other interests of particular individuals or as means of providing a specific benefit to a particular use or class of uses, except in cases where such changes would be of benefit to the Pinelands by furthering the intent of the Pinelands Protection Act and the Federal Act. The procedures established by this subchapter are designed to maximize public participation in the amendment process.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.2 - Authority for amendments

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission may amend the text, maps, charts and illustrations of this Plan and the Land Capability Map after a public hearing and pursuant to the procedures set out in this Part and in the New Jersey Administrative Procedure Act, 52:14B-1 et seq. Amendments may be proposed by any member of the Commission or the Executive Director in accordance with 7:50-7.3(a). Petitions for amendment may be submitted to the Commission in accordance with 7:50-7.3(b)  by any public agency, and, except in municipalities or counties with certified plans, any resident of the Pinelands Area or the owner of, or any person having a contractual interest in, any property in the Pinelands Area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.3 - Proposed amendments; petitions for amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any member of the Commission or the Executive Director may, at any time, propose that the Commission consider an amendment to this Plan. Prior to any formal Commission action on such a proposed amendment pursuant to 7:50-7.4, the following information shall be made available to the Commission for its review and consideration, unless the amendment is being proposed as part of the comprehensive review required pursuant to 7:50-7.11:
1. The wording of any proposed amendment of the text of this Plan and a map depicting any proposed change to the Pinelands Land Capability Map;
2. A statement of the need and justification for the proposed amendment, including the reason(s) why the goals which the proposed amendment is intended to achieve cannot be accomplished through adherence to the standards of this Plan or compliance with the procedures set forth in N.J.A.C. 7:50-4, Part V;
3. A statement as to the conformity of the proposed amendment to the goals and objectives of this Plan and the intent of the Pinelands Protection Act and the Federal Act;
4. If the proposed amendment would change the minimum standards for land use and intensities contained in N.J.A.C. 7:50-5 or the management programs and minimum standards contained in N.J.A.C. 7:50-6, an evaluation of the environmental consequences of the proposed change;
5. If the proposed amendment involves the redesignation of Pinelands management areas for a particular parcel, documentation as to how the affected parcel meets the criteria established in this Plan for the management area to which it is proposed to be redesignated. Unless the Commission determines that it is unnecessary, any such amendment shall include a proposal for an offsetting management area change and documentation as to how all of the lands affected by the offset proposal meet the criteria established in this Plan for the management area to which they are proposed to be redesignated; and
6. Any other information necessary or appropriate for full and proper consideration of the proposed amendment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.4 - Action on proposed amendments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the proposal of an amendment pursuant to 7:50-7.3(a), the Commission shall determine whether it is desirous of amending this Plan so as to implement the proposed amendment. If so, the Executive Director shall submit the proposed amendment and any required supporting documentation to the Office of Administrative Law for publication in the New Jersey Register as a notice of proposal in accordance with N.J.A.C. 1:30-5. The notice of proposal or a statement of substance of the proposed rulemaking shall thereafter be:
1. Posted and made available electronically on the Commission's website;
2. Distributed to the news media maintaining a press office in the State House Complex;
3. Distributed to those persons who have made timely request to the Commission for notice of its proposed rulemaking activities; and
4. Made available to the public by an additional manner reasonably calculated to inform those persons most likely to be affected by or interested in the proposed rulemaking. The additional method of publicity shall include information on the time, place and manner in which interested persons may submit comments and shall consist of:
i. Mailing to a distribution list of those known individuals and organizations that are the subject of or significantly related to or affected by the proposed rulemaking;
ii. Distribution of a press release to the news media; or
iii. Publication of a notice in those official newspapers of the Commission having general circulation in the area(s) that may be affected by the proposed rulemaking.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.5 - Action on petitions for amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days following receipt of a petition for amendment filed pursuant to 7:50-7.3(b), the Executive Director shall determine whether said petition is complete. Should the Executive Director determine that the petition is not complete, he or she shall mail a written statement to the petitioner specifying the information necessary to complete the submission. No further action on the petition shall be taken until the necessary information is received.
(b) Upon determining that a petition for amendment is complete, the Executive Director shall so notify the petitioner and shall, within 15 days, prepare and file a notice of petition for rulemaking with the Office of Administrative Law in accordance with
N.J.A.C. 1:30- 3.6(a)
. The Executive Director shall thereafter publish the notice of petition on the Commission's website.
(c) Within 30 days of determining that a petition for amendment is complete, the Executive Director shall review the petition and determine whether it raises substantial issues with respect to whether the amendment proposed by the petitioner should be adopted. If the Executive Director determines that such substantial issues are raised, he or she shall notify the Commission and the petitioner of his or her determination and that the petition is under consideration by the staff. If the Executive Director determines that no substantial issues are raised and that further review of the petition is not warranted, he or she shall so notify the Commission and the petitioner and thereafter recommend that the Commission deny the petition. The Executive Director shall file a notice of his or her determination, and that the petition has been referred to the Commission for a final decision in accordance with (d) below, with the Office of Administrative Law for publication in the New Jersey Register.
(d) Within 90 days of receipt of a complete petition for amendment, the Commission shall enter a final order on the petition. In accordance with N.J.A.C. 1:30-3.6(b), the Commission's action on a petition may include:
1. Denial of the petition;
2. Approval of the petition and the filing of a notice of proposed rule in accordance with 7:50-7.4(a)  with the Office of Administrative Law; or
3. Referral of the matter to the Executive Director for further review, the nature of which shall be specified and which shall conclude within 60 days of the referral on a specified date.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.6 - Submission to Pinelands Municipal Council

Current through Register Vol. 56, No. 14, July 15, 2024
All proposed amendments shall, at least 60 days prior to any meeting at which the Commission will consider such amendment, be submitted by the Executive Director to the Pinelands Municipal Council, by mailing such amendments to each municipality in the Pinelands, for its review and recommendation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.7 - Submission to Governor and Legislature

Current through Register Vol. 56, No. 14, July 15, 2024
All amendments adopted by the Commission pursuant to 7:50-7.4(c)  shall be submitted to the Governor and the Legislature within seven days of adoption.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.8 - Filing with Secretary of State

Current through Register Vol. 56, No. 14, July 15, 2024
Any amendment adopted by the Commission shall be filed with the Secretary of State as required by 52:14B-5.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.9 - Submission to Secretary of the United States Department of the Interior

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any amendment to this Plan shall, within five days following adoption by the Commission, be submitted to the Secretary of the United States Department of the Interior.
(b) Any intergovernmental memorandum of agreement approved by the Commission pursuant to 7:50-4.52(c)2  or 6.80(a), (c) or (d) shall, within five days following such approval, be submitted to the Secretary of the United States Department of the Interior.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.10 - Effective date of amendments

Current through Register Vol. 56, No. 14, July 15, 2024
Amendments to this Plan shall be effective as provided in the Pinelands Protection Act, the Federal Act, and the New Jersey Administrative Procedure Act, 52:14B-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 7 - AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-7.11 - Comprehensive review of plan by Commission

Current through Register Vol. 56, No. 14, July 15, 2024
At least every five years after the adoption of this Plan, the Executive Director shall comprehensively review this Plan and all actions taken by the Commission or the Executive Director pursuant to N.J.A.C. 7:50-4 and shall submit a report to the Commission detailing any recommended amendments to the Plan. Such report shall be submitted by January 15 of every fifth year after adoption of this Plan and shall include an explanation of the reasons for any recommended amendment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 8 - ENFORCEMENT › Section 7:50-8.1 - Civil enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Civil enforcement: In the event that any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Plan, or in the event that construction is commenced on any building or structure in violation of this Plan, the Commission may, in addition to other remedies, institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent completion of construction of said building or structure, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(b) Emergency enforcement: If the Executive Director determines that any action provided for in (a) above hereof need be initiated immediately in order to protect the Pinelands Area or the jurisdiction or authority of the Commission, he may initiate such action on behalf of the Commission and he shall notify the Commission of any action taken pursuant to this subsection.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Federal legislation has been enacted to authorize the acquisition of lands considered as having a limited practical use as set forth in section 502(k)(2)(C) of the National Parks and Recreation Act of 1978, Pub.L. 95-265 ( 16 U.S.C. Section 471i(k)(2)(C) ). The Federal legislation required that the Federal funds appropriated for this purpose be matched by an equal state appropriation. The State of New Jersey has made matching funds available for this program. The purpose of this subchapter is to implement the program of purchasing parcels that have limited practical use, to the extent that Federal funds and matching state funds allow.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.2 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Environmental Protection may acquire parcels of land which are located in the Pinelands Area and are found to be of limited practical use in accordance with the following:
1. The Commission has either denied a Waiver of Strict Compliance for the parcel in question pursuant to N.J.A.C. 7:50-4, Part V or has approved a Waiver of Strict Compliance for the parcel in question and granted a transferable residential development right to other lands in the Protection Area, in accordance with former 7:50-4.66(b)3  and 5.30(a), repealed effective March 2, 1992;
2. The parcel in question is less than 50 acres in size; and
3. The standards set forth in 7:50-9.3 relative to the ownership and the present and potential uses of the parcel in question have been met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.3 - Standards for present and potential uses and ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be eligible for acquisition under the provisions of this subchapter, the owner of the parcel shall demonstrate and the Commission shall verify that all of the following conditions exist:
1. Present and potential uses, as follows:
i. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, contains no residential dwelling unit;
ii. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, contains no substantial principal non-residential structure that has an economically viable use, except for structures that are used exclusively for agricultural purposes;
iii. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, has not been approved for resource extraction pursuant to the provisions of this Plan;
iv. If the parcel, including all contiguous lands in common ownership on or after January 14, 1981, is entitled to at least 0.25 Pinelands Development Credits pursuant to 7:50-5.43, those Credits have been severed from the parcel pursuant to 7:50-5.47;
v. No approval for development of a residential dwelling or substantial principal non-residential structure on the parcel, including all contiguous lands in common ownership on or after January 14, 1981, has been granted pursuant to this Plan provided that approval is still valid; and
vi. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, cannot be determined to meet all standards for the development of either a residential dwelling or a substantial principal non-residential structure in accordance with the provisions of this Plan absent a Waiver of Strict Compliance, taking into consideration the following factors:
(1) The availability of centralized waste water treatment and collection service;
(2) The certification of any municipal land use ordinance pursuant to 7:50-3.35 or 3.45; and
(3) The information used by the Commission in its review and action on the Waiver of Strict Compliance relative to the parcel in question.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.4 - Submission of questionnaires

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to have a parcel of land considered for acquisition, the owner of the parcel must complete and submit to the Commission the responses to the questionnaire developed by the Executive Director pursuant to 7:50-1.21. The questionnaire shall be designed to determine the eligibility of the parcel for acquisition based on the criteria set forth in 7:50-9.2 and 9.3. Copies of the questionnaire shall be available from the Commission and shall include any information necessary to enable landowners to contact the Commission for assistance in completing the questionnaire.
(b) If the owner of the parcel fails to submit the questionnaire required pursuant to (a) above or otherwise declines to participate or withdraws from the acquisition process at any time, the parcel shall not be considered for acquisition during the then current round of acquisitions. In order for the parcel to be considered eligible for a later acquisition round, the parcel owner must submit a new completed questionnaire pursuant to (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.5 - Notice of intent to acquire lands

Current through Register Vol. 56, No. 14, July 15, 2024
The Commission shall publish notice of the intent to purchase parcels of land of limited practical use in all the official newspapers of the Commission. The notice shall include the date by which questionnaires must be submitted for consideration by the Commission during the then current round of acquisitions.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.6 - Determination and record of eligible parcels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director shall periodically establish a date by which completed questionnaires must be received by the Commission in order to be eligible for the then current round of acquisitions. The Executive Director may extend the deadline pursuant to 7:50-4.4(a).
(b) The Executive Director shall review each completed questionnaire and inform the owner if any other information is necessary in order to determine the parcel's eligibility for acquisition. If so, the owner shall have 30 days within which to provide the necessary information.
(c) Within 60 days after the deadline established for the receipt of questionnaires for each round of acquisitions or any extension thereto, the Executive Director shall review each completed questionnaire, all other information submitted on behalf of the parcel owner and all other information available to the Pinelands Commission concerning each parcel for which a questionnaire was completed and determine those parcels which qualify for acquisition. No parcel may be recommended for acquisition unless it meets the standards contained in 7:50-9.2 and 9.3. The Executive Director shall give written notification of his or her findings and conclusion to the owner of the parcel, the Commission, all persons who have requested a copy of said determination and any person, organization or agency which has registered under 7:50-4.3(b)2  i(2).
(d) The Executive Director shall retain a record of all questionnaires received, the determination as to their eligibility for acquisition and the acquisition round in which the determination was made.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.7 - Rights of appeal

Current through Register Vol. 56, No. 14, July 15, 2024
Any interested person who is aggrieved by any determination made by the Executive Director pursuant to this subchapter may, within 15 days, appeal the Executive Director's determination to the Commission as provided by 7:50-4.91. Additional information not included in the Executive Director's determination may be presented to the Pinelands Commission only by requesting a hearing pursuant to 7:50-4.91.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.8 - Priorities for acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the conclusion of the appeal period set forth in 7:50-9.7, the Executive Director shall recommend to the Pinelands Commission which parcels qualify for acquisition. The parcels shall be prioritized for acquisition chronologically according to the date of the Commission's action on the Waiver of Strict Compliance, as set forth in 7:50-9.2(a)1. The earlier the date of the Commission's action, the higher the priority that will be assigned to the subject parcel. The priority list shall be comprised of:
1. Parcels determined to be eligible during the current round of acquisition;
2. Parcels found to be eligible during a previous round of acquisition that were not acquired due to lack of funding; and
3. Parcels found to be eligible during a previous round of acquisition that the Department of Environmental Protection declined to acquire for any reason other than those specified in 7:50-9.11(b)1  and 2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.9 - Access

Current through Register Vol. 56, No. 14, July 15, 2024
By submission of the questionnaire to determine eligibility, the owner agrees to allow access to the parcel during reasonable hours to Commission and Department of Environmental Protection personnel in order to determine the eligibility of the parcel for acquisition and to aid in assessing its value.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.10 - Acquisition funding

Current through Register Vol. 56, No. 14, July 15, 2024
The acquisition of eligible parcels may be funded by moneys expressly appropriated for this purpose by the State of New Jersey and the United States. No acquisition for this purpose may occur if funding is unavailable for any reason.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.11 - Purchase and conditions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To the extent that funding permits, the Department of Environmental Protection shall pursue the acquisition of eligible parcels in the order established in 7:50-9.8.
(b) The Department of Environmental Protection may decline to acquire any parcel at any time prior to the transfer of title for the following reasons:
1. The parcel does not meet the standards set forth in 7:50-9.2 and 9.3;
2. Failure of the owner of the parcel to respond to a purchase offer within a reasonable time period or to accept the offer made by the Department of Environmental Protection; or
3. Conditions exist either on the parcel or on contiguous lands which either would require remediation in order to alleviate a hazard to the public or would otherwise incur additional costs to resolve.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 9 - ACQUISITION OF PROPERTIES WITH LIMITED PRACTICAL USE › Section 7:50-9.12 - Landowner right of refusal

Current through Register Vol. 56, No. 14, July 15, 2024
The public acquisition of lands considered to possess limited practical use is a voluntary program on the part of the owner of the parcel. Nothing contained in this subchapter shall be construed to require the owner to relinquish title to a parcel of land.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part I - PURPOSE › Section 7:50-10.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a)N.J.A.C. 7:50-5 and 6 establish requirements which govern the type, intensity and location of land uses permitted throughout the Pinelands and establish standards to protect the region's natural and cultural resources. These requirements and standards provide a sound framework for the management of the Pinelands and afford local governments with flexibility to refine them. Nevertheless, new techniques or innovative applications of techniques already in use in the Pinelands may present opportunities to afford the same or better protection to the resources of the Pinelands.
(b) In order to test alternative methods to achieve the goals and objectives of this chapter and the Pinelands Protection Act, including those set forth in 13:18A-9 which the requirements and standards in N.J.A.C. 7:50-5 and 6 represent, the Pinelands Commission may periodically authorize pilot programs. These pilot programs shall be implemented only when authorized through a duly adopted amendment to this subchapter and shall be limited in their scope and applicability so that their implementation may be evaluated before the Pinelands Commission decides whether and under what circumstances they should or should not have broader applicability. Commission certification of any necessary municipal implementing ordinances shall also be required pursuant to N.J.A.C. 7:50-3. The pilot programs in this subchapter confer only the special privileges or rights set forth herein. Each specific pilot program established in this subchapter is expressly limited in accordance with this subchapter until such time as the Executive Director evaluates that program's results and an amendment to this chapter is promulgated to broaden that program's scope and applicability.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part II - TOWNSHIP OF GALLOWAY AND CITY OF EGG HARBOR CITY PILOT OFF-SITE CLUSTERING PROGRAM › Section 7:50-10.11 - Authorized Pinelands Management Area adjustments

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Clustering of development, normally accomplished on-site, may serve similar land conservation goals if off-site lands will be provided with permanent protection and used as a means of transferring development to areas targeted for more intensive development. To this end, the Township of Galloway and City of Egg Harbor City pilot off-site clustering program is authorized as a means to test whether a corridor which includes a long standing and substantial use in close proximity to a designated sewer service area can be developed more intensively than currently permitted through the permanent conservation of off-site lands, which also furthers the land conservation and protection goals of this chapter.
(b) The Township of Galloway and City of Egg Harbor City pilot off-site clustering program shall be accomplished through the municipal adoption of ordinances which redesignate Forest Area and Agricultural Production Area to a Restricted Pinelands Town and Agricultural Production Area to a Restricted Rural Development Area in accordance with the requirements of 7:50-10.11 through 10.13.
(c) The redesignated area shall extend from the existing Pinelands Town boundary along the Bremen Avenue corridor to include all substantial, existing uses and shall not exceed a total of 425 acres in size. That portion of the redesignated area to be located in a Restricted Pinelands Town shall not exceed 290 acres in size.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part II - TOWNSHIP OF GALLOWAY AND CITY OF EGG HARBOR CITY PILOT OFF-SITE CLUSTERING PROGRAM › Section 7:50-10.12 - Zoning provisions for redesignated area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In Egg Harbor City, all uses which are permitted as a matter of right shall be consistent in intensity to those which were permitted in the City's R-20F Zone prior to the redesignation. In Galloway Township, all uses which are permitted as a matter of right shall be consistent in intensity to those which were permitted in the Township's AG Zone prior to the redesignation.
(b) Development in the redesignated area shall be primarily non-residential in nature, although an incidental amount of residential development may also be permitted.
(c) Planned development or conditional uses shall be permitted in the redesignated area subject to the following conditions:
1. Development within the Restricted Pinelands Town shall be served by a central sewer system;
2. Higher residential densities, floor area ratios or other development intensities than permitted as a matter of right shall be authorized only when agricultural or vacant lots in the surrounding Forest Area and Agricultural Production Area are permanently conserved; and
3. The amount of land to be permanently conserved in the surrounding Forest Area and Agricultural Production Area shall be based upon the following formulae which effectively cluster floor area and other development intensity from the surrounding areas to the newly designated Restricted Pinelands Town and Restricted Rural Development Area:
i. Twenty-four one hundredths (.24) of an acre shall be permanently conserved for each 100 square feet, or portion thereof, of existing and proposed floor area to be devoted to a planned development or conditional use; and
ii. One and nine-tenths (1.9) acres of land shall be permanently conserved for each acre of land, or portion thereof, devoted to playground, golf course or other outdoor intensive recreation use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part II - TOWNSHIP OF GALLOWAY AND CITY OF EGG HARBOR CITY PILOT OFF-SITE CLUSTERING PROGRAM › Section 7:50-10.13 - Pinelands Commission approval and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If otherwise appropriate under N.J.A.C. 7:50-3, the Pinelands Commission shall approve the management area changes and zoning provisions if it finds that the standards of 7:50-10.11 and 10.12 are met.
(b) The Executive Director shall review this pilot program three years following the Commission's approval pursuant to (a) above and shall report to the Commission on its implementation. The Executive Director shall determine whether the pilot program is successful in accordance with the following criteria:
1. Each municipality is applying its ordinance in a manner consistent with the standards of 7:50-10.11 and 10.12;
2. Each municipality is accurately informing applicants with proposed development projects within the redesignated area of the requirements of its ordinances which implement the standards of 7:50-10.11 and 10.12;
3. The majority of the amount of development approved within the redesignated area during this period qualifies as planned development or a conditional use in accordance with the provisions of 7:50-10.12(c)1  and 2;
4. Lands have been permanently conserved in accordance with 7:50-10.12(c)3; and
5. The net effect of the pilot program, when viewed in its entirety, is that the resources of the Pinelands have been afforded the same or greater level of protection than would be provided by the standards and requirements set forth in N.J.A.C. 7:50-5 and 6.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part III - TOWNSHIP OF TABERNACLE AND TOWNSHIP OF PEMBERTON PUBLIC EDUCATIONAL FACILITIES PILOT PROGRAM › Section 7:50-10.15 - Zoning provisions for redesignated areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In Pemberton Township, the redesignated lands are included in the Township's AR Zone. In Tabernacle Township, the redesignated lands are included in the Township's Regional Growth-Residential-Regional High School Zone. Both of these zoning districts permit uses which the Commission found to be appropriate for the redesignated areas, taking into consideration the overall land use plans of the municipalities and the relevant standards of N.J.A.C. 7:50-5.
(b) Public educational facilities are permitted in the redesignated area in Tabernacle Township subject to the following conditions:
1. Pinelands Development Credits must be purchased and redeemed to offset the cumulative effect of the redesignations accomplished pursuant to 7:50-10.14 on the redemption and allocation of Pinelands Development Credits.
i. The effect on Pinelands Development Credit redemption opportunities is to be calculated as follows:
(1) The number of Pinelands Development Credit redemption opportunities formerly afforded to any area being redesignated from a Regional Growth Area is to be calculated in accordance with the zoning provisions contained in the certified land use ordinances of Pemberton Township;
(2) Subtract from (b)1i(1) above the number of Pinelands Development Credit redemption opportunities to be realistically afforded by the zoning provisions contained in Tabernacle Township's certified land use ordinances for any area being redesignated to a Regional Growth Area; and
(3) Multiply the remainder by two-thirds to calculate the number of Pinelands Development Credit redemption opportunities likely to be lost as a result of the redesignations.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part III - TOWNSHIP OF TABERNACLE AND TOWNSHIP OF PEMBERTON PUBLIC EDUCATIONAL FACILITIES PILOT PROGRAM › Section 7:50-10.16 - Pinelands Commission approval and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance with N.J.A.C. 7:50-3, the Commission approved management area changes and zoning provisions in Tabernacle Township and Pemberton Township through its certification of Tabernacle Township Ordinance 1999-1 and Pemberton Township Ordinance 17-1999 on September 10, 1999. This pilot program shall be evaluated based on the management area changes and zoning provisions implemented by those ordinances and any subsequent amendments or corrections which may be made to them in the future.
(b) The Executive Director shall review this pilot program and report to the Commission on its implementation three years following completion of construction of the public educational facility in Tabernacle Township. The Executive Director shall determine whether the pilot program is successful in accordance with the following criteria:
1. The purchase and redemption of Pinelands Development Credits in accordance with 7:50-10.15(b)  has resulted in the permanent protection of approximately 1,000 acres of land in the Preservation Area District, Special Agricultural Production Area and/or Agricultural Production Area;
2. Development of the public educational facility has had no significant adverse impact on adjacent agricultural lands within Tabernacle Township's Agricultural Production Area;
3. Development of the public educational facility has not resulted in unanticipated or unintended development on adjacent and surrounding lands in Tabernacle Township's Rural Development Area or Regional Growth Area and has otherwise proven to be compatible with the existing character of the adjacent Pinelands Village;
4. Any lands included in the redesignated area in Tabernacle Township which were not utilized for the public educational facility continue to be put to those uses which existed prior to the redesignation, or, if not, have been converted to uses which are compatible with those of the surrounding area;
5. The redesignated lands in Pemberton Township have been permanently protected through the purchase of easements under the Farmland Preservation Program or other means;
6. Redesignation of the lands in Pemberton Township has contributed to the continued long-term viability of that municipality's Agricultural Production Area and land use conflicts with the remaining Regional Growth Area have not materialized; and
7. The pilot program, when viewed in its entirety, has served to further the purposes and objectives of the Pinelands Protection Act, the Federal Act and this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 10 - PILOT PROGRAMS › Part III - TOWNSHIP OF TABERNACLE AND TOWNSHIP OF PEMBERTON PUBLIC EDUCATIONAL FACILITIES PILOT PROGRAM › Section 7:50-10.17 through 7:50-10.20 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024