reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.52 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Conformance with minimum standards: All development within the Pinelands Area by any state or local public agency shall be in conformance with the minimum standards set out in 7:50-4.16 and all other standards and guidelines contained in this Plan, except as otherwise provided by memoranda of agreement between the Commission and such agency a state agency plan approved by the Commission pursuant to (e) below. All development within a Military and Federal Installation Area shall be in substantial conformance with the minimum standards and guidelines contained in this Plan, except where incompatible with national defense mission or other national security requirements as provided in (d) below.
(b) Commission approval required: Except as provided in an intergovernmental agreement, no development shall be initiated by any state or local public agency prior to conferring with and obtaining the approval of the Commission pursuant to the procedures established by this Part. Except as provided in an intergovernmental memorandum of agreement, the Commission shall review development within a federal military installation or development by another federal agency only where a state or local permit is required by Federal law or regulations. Such reviews shall be in accordance with the provisions of Part VII of this subchapter.
(c) Intergovernmental agreements:
1. The Commission may enter into intergovernmental memoranda of agreement with any agency of the Federal, State or local government which authorize such agency to carry out specified development activities without securing individual development approval from the Commission under this Part, provided the specified development activities are consistent with the provisions of N.J.A.C. 7:50-5 and 6.
2. The Commission may enter into intergovernmental memoranda of agreement with any agency of the Federal, State or local government which authorize such agency to carry out specified development activities that may not be fully consistent with the provisions of N.J.A.C. 7:50-5 and 6, provided such agency demonstrates and the Commission finds that variation from the standards of this Plan is accompanied by measures that will, at a minimum, afford an equivalent level of protection of the resources of the Pinelands than would be provided through strict application of the standards of this Plan. Any intergovernmental memorandum of agreement relating to waste management shall be consistent with the standards and provisions of 7:50-6.80.
3. Prior to the execution of any intergovernmental memorandum of agreement by the Commission, the Executive Director shall set the date, time and place of a public hearing for consideration of the agreement. The public hearing shall be noticed and held by the Executive Director 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 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.53 - Pre-application conference and submission requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Request for pre-application conference: Prior to initiating any development within the Pinelands Area, a public agency shall submit a request for a pre-application conference to the Executive Director pursuant to 7:50-4.2(a).
(b) Submission requirement: Following the completion of the pre-application conference, the public agency shall submit such information which the Executive Director determines is necessary to enable the Commission to review the proposed development for conformity with the standards of this Plan.
(c) In addition to the requirements of (a) and (b) above, a public agency seeking approval for major development, as defined in 7:50-2.11, which will be located on a specific parcel, shall provide notice of the application for public development as follows:
1. Notice will be given to owners of all real property within 200 feet of the subject parcel as provided for in 40:55D-12(b). The administrative officer of the municipality shall provide a certified list of said property owners as provided for in 40:55D-12(c). The applicant shall be entitled to rely upon the information contained in said certified list as provided in 40:55D-12(c); and
2. Notice shall be given by publication in the official newspaper of the municipality in which the parcel is located, if there is one, or in a newspaper of general circulation in the municipality as provided for in 40:55D-12(a); or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.54 - Review of submission by Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
Within 30 days following receipt of a completed application for public development, the Executive Director shall review the application and all information submitted by the applicant or any other person relating to the application and upon completion of such review make a determination whether the application should be approved, approved with conditions, or disapproved. The application may be recommended for approval or approval with conditions only if the development as proposed, or subject to any conditions that may be imposed, conforms to each of the minimum standards for development approval established by
N.J.A.C. 7:50-4.57
. The Executive Director may attach to any determination to recommend approval of an application any reasonable condition that he or she finds is necessary to achieve the objectives of this Plan. The Executive Director shall give written notification of his or her findings and conclusion to the applicant, the Commission, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency which has registered under
N.J.A.C. 7:50-4.3(b)
2i(2).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.55 - 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 Part 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 only be presented to the Pinelands Commission 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 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.56 - Action by Commission

Current through Register Vol. 56, No. 14, July 15, 2024
At the next regular Commission meeting after the time for appeal under 7:50-4.91 has expired and no interested person has requested a hearing, the Commission may approve the determination of the Executive Director or refer the determination of the Executive Director to the Office of Administrative Law. If the Pinelands Commission fails to take any action at said meeting, the determination of the Executive Director shall be referred to the Office of Administrative Law unless an extension of time for the Commission to act is approved pursuant to 7:50-4.4. If the Executive Director's determination is referred to the Office of Administrative Law, the referral shall be treated as a petition for appeal in accordance with the provisions of 7:50-4.91.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.57 - Standards for public development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Commission shall approve or conditionally approve an application filed pursuant to this Part only if the development as proposed, or with any conditions which are imposed:
1. Satisfies all of the standards established by N.J.A.C. 7:50-5 and 6 or a certified local plan and if a local agency of a certified municipality or certified county is seeking approval, the provisions of the certified ordinances and master plan of that jurisdiction; and
2. If the proposed development includes any public roads, the applicant demonstrates that: alternative locations or transportation modes including mass transit and non-motorized methods cannot be employed to satisfy transportation needs; and public fishing, crabbing or canoe access facilities in association with bridge crossings will be provided as appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.58 - Limits on public agency actions

Current through Register Vol. 56, No. 14, July 15, 2024
No public agency shall carry out any development which has been disapproved by the Commission pursuant to this Part, nor shall any public agency initiate any proposed development which has been approved with conditions by the Commission pursuant to this Part unless the conditions imposed are incorporated into the proposed development.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.61 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This Part establishes procedures and standards pursuant to which the Commission may waive strict compliance with the Plan. Waivers from the standards of N.J.A.C. 7:50-5 or 6 may be granted in limited circumstances. Waivers granted pursuant to this Part are intended to provide relief where strict compliance with this Plan will create an extraordinary hardship or where the waiver is necessary to serve a compelling public need. The relief provided will be consistent with the protection of the resources of the Pinelands. The relief granted will only be the minimum necessary to alleviate the extraordinary hardship or the compelling public need. For some extraordinary hardship cases, the minimum relief granted will allow the development of the parcel in question; in others the minimum relief will include an allocation of Pinelands Development Credits. These provisions are designed to provide all property owners with at least a minimum beneficial use of their parcels consistent with constitutional requirements. For some compelling public need cases, special measures may need to be taken so there will be an overall improvement to the resources of the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.62 - General standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Waivers may only be granted when either:
1. An extraordinary hardship has been established pursuant to 7:50-4.63(a) or (b); or
2. A compelling public need has been established pursuant to 7:50-4.64.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.63 - Standards for establishing extraordinary hardship

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An extraordinary hardship is deemed to exist when the applicant demonstrates based on specific facts and the Pinelands Commission verifies that all of the following conditions exist:
1. Except as provided in (a)1v below, the only relief sought is from one or more of the standards contained in N.J.A.C. 7:50-6 for one of the following:
i. Cultural housing pursuant to 7:50-5.32 on a parcel at least 1.0 acres in size;
ii. A single family dwelling or a permitted commercial use within an infill area designated pursuant to 7:50-5.22(b)7  and located on a parcel at least 1.0 acres in size;
iii. A single family dwelling on a substandard parcel containing at least 1.0 acres pursuant to 7:50-5.31;
iv. A single family dwelling on a parcel within a Regional Growth Area, Pinelands Town or Pinelands Village which will be served by a centralized waste water treatment system;
v. A single family dwelling on a parcel within a Regional Growth Area, Pinelands Town or Pinelands Village which is at least 20,000 square feet, excluding road rights of way, in size and is not served by a centralized waste water treatment system;
vi. A single family dwelling on a parcel within a Forest Area that complies with the density and lot area standards set forth in 7:50-5.23(a)  2 and (c);
vii. A single family dwelling on a parcel within a Rural Development Area that complies with the density and lot area standards set forth in 7:50-5.26(a) and (c);
viii. A single family dwelling on combined properties in either the Forest Area or Rural Development Area which meets the density transfer standards of 7:50-5.30;
ix. A single family dwelling accessory to an active agricultural operation in an Agricultural Production Area pursuant to the criteria contained in 7:50-5.24(a)2;
x. A single family dwelling accessory to an active agricultural operation in a Special Agricultural Production Area pursuant to the criteria contained in 7:50-5.25(b)1;
xi. An agricultural commercial establishment with a gross floor area no greater than 500 square feet which is located on a parcel which otherwise qualifies for a single family dwelling accessory to an active agricultural operation pursuant to either 7:50-5.24(a)2  or 5.25(b)1; or
xii. Agricultural employee housing which is located on a parcel which otherwise qualifies for a single family dwelling accessory to an active agricultural operation pursuant to either 7:50-5.24(a)2  or 5.25(b)1;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.64 - Standards for establishing compelling public need

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall be deemed to have established compelling public need if the applicant demonstrates based on specific facts and the Pinelands Commission verifies that one of the following conditions exist:
1. The proposed development will serve an essential health or safety need of the municipality or, in the case of an application serving more than one Pinelands municipality, the county in which the proposed development is located, and:
i. The public health and safety require the requested waiver;
ii. The public benefits from the proposed use are of a character that override the importance of the protection of the Pinelands as established in the Pinelands Protection Act or the Federal Act;
iii. The proposed use is required to serve existing needs of the residents of the Pinelands; and
iv. No feasible alternatives exist outside the Pinelands Area to meet the established public need and that no better alternatives exist within the Pinelands Area; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.65 - Substantial impairment and consistency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No Waiver of Strict Compliance which permits a parcel to be developed shall be approved unless such development will be consistent with the purposes and provisions of the Pinelands Protection Act, the Federal Act and this Plan and will not result in a substantial impairment of the resources of the Pinelands Area.
(b) Unless alleviating measures are taken pursuant to (c) below for waivers based on compelling public need, the following circumstances do not comply with (a) above:
1. Development of any non-permitted use in the Preservation Area District, any Special Agricultural Production Area, any Forest Area or any Agricultural Production Area;
2. Any residential use in the Preservation Area District, any Special Agricultural Production Area or any Agricultural Production Area which does not meet the requirements set forth in 7:50-5.22(b)7, 5.24(a)2, (a)3 or (c), 5.25(b)1 or (c), 5.31 or 5.32;
3. Any residential use to be served by an on-site sewage disposal system where the overall density is greater than one dwelling unit per 20,000 square feet, excluding road rights of way, or where any dwelling will be located on a lot smaller than 20,000 square feet, excluding road rights of way;
4. Any non-residential use to be served by an on-site sewage disposal system where the nitrate-nitrogen level exceeds five parts per million at the parcel line;
5. Any development, except for development permitted in wetlands pursuant to N.J.A.C. 7:50-6, Part I, which will be located on any wetland unless that wetland is an impaired wetland;
6. Any development, except for development permitted in wetlands buffers pursuant to N.J.A.C. 7:50-6, Part I, which will be located within 50 feet of any wetland unless the wetland is either an impaired wetland or located in a Regional Growth Area, Pinelands Town or Pinelands Village;
7. Any development which will violate the threatened and endangered species protection requirements contained in 7:50-6.27 and 6.33;
8. Any development which will require the location of a waste water disposal field in an area where the seasonal high water table is within two feet of the natural ground surface or within 50 feet of any surface water body;
9. Any development which will result in a new direct discharge of storm water into any fresh water wetlands which are not impaired wetlands; or
10. In addition to the criteria specified above, the existence of special or unusual circumstances will be evaluated in determining whether a particular development complies with (a) above.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.66 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for a waiver shall be submitted to the Commission in accordance with the requirements of 7:50-4.2(b). An application for waiver may be filed prior to filing an application for development. If during review of an application for development it appears necessary to obtain a waiver, the applicant may apply for a waiver. Any application for a waiver shall stay the time period for review set forth in Parts II, III or IV of this subchapter as the case may be while the application for the waiver is pending.
(b) In addition to the requirements in (a) above, an applicant requesting a Waiver of Strict Compliance which involves a specific parcel shall provide notice of the application for a Waiver of Strict Compliance as follows:
1. Notice shall be given to owners of real property within 200 feet of the subject parcel as provided for in 40:55D-12(b). The administrative officer of the municipality shall provide a certified list of said property owners as provided for in 40:55D-12(c). The applicant shall be entitled to rely upon the information contained in said certified list as provided in 40:55D-12(c).
2. Notice shall be given by publication in the official newspaper of the municipality in which the parcel is located, if there is one, or in a newspaper of general circulation in the municipality as provided for in 40:55D-12(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.67 - Action by Executive Director on application

Current through Register Vol. 56, No. 14, July 15, 2024
Within 90 days following the receipt of a complete application for waiver, the Executive Director shall review the application and all information submitted by the applicant and any other person relating to the application and upon completion of such review make a determination whether the application should be approved, approved with conditions, or disapproved. The application may be recommended for approval or approval with conditions only if the applicant, subject to any conditions that may be imposed, meets the standards for a Waiver of Strict Compliance established in
N.J.A.C. 7:50-4.62
. The Executive Director shall give written notification of his or her findings and conclusion to the applicant, the Commission, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency which has registered under
N.J.A.C. 7:50-4.3(b)
2i(2).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.68 - 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 Part 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. If the appeal is based on an allegation that the parcel does not have a beneficial use even considering the allocation of Pinelands Development Credits pursuant to 7:50-4.62(c)2, the applicant must include specific documentation concerning the economic value of each of the permitted uses of the parcel once the Pinelands Development Credits are transferred and documentation of the value necessary to give the parcel a beneficial use as part of the appeal process. If the applicant demonstrates that the allocation of the Pinelands Development Credits based on fair market value along with the other permitted uses of the parcel does not result in the parcel having a beneficial use, the allocation of Pinelands Development Credits shall be increased to the number necessary to provide the parcel with a beneficial use.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part V - WAIVER OF STRICT COMPLIANCE WITH PROVISIONS OF THE COMPREHENSIVE MANAGEMENT PLAN › Section 7:50-4.69 - Action by Commission

Current through Register Vol. 56, No. 14, July 15, 2024
If at the next regular Commission meeting after the time for appeal under 7:50-4.91 has expired and no request for an appeal has been received, the Commission may approve the determination of the Executive Director or refer the determination of the Executive Director to the Office of Administrative Law. If the Commission fails to take any action at said meeting, the determination of the Executive Director shall be referred to the Office of Administrative Law unless an extension of time for the Commission to act is approved pursuant to 7:50-4.4. If the Executive Director's determination is referred to the Office of Administrative Law, the referral shall be treated as a petition for appeal in accordance with the provisions of 7:50-4.91.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.71 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This Part is intended to provide an expeditious method by which any person may secure a clarification or interpretation of the meaning of any provision of this Plan, or any rule or regulation adopted pursuant to it.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.72 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Executive Director may, subject to the procedures, standards and limitations set forth in this Part, issue letters of clarification or interpretation of any provision of this Plan, or any rule or regulation issued pursuant to it. No letter of clarification or interpretation shall have the effect of modifying, amending, abrogating or waiving any substantive requirement of this Plan. These interpretations may include:
1. A determination of whether a particular use, which is not expressly authorized in an area, is substantially similar to the uses authorized in the area and should be authorized; or
2. A determination of the definition or application of any provision of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.73 - Request for interpretation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for a letter of clarification or interpretation shall be initiated by requesting a pre-application conference pursuant to 7:50-4.2(a). This request shall set forth the clarification or interpretation requested and the facts or the circumstances which are the basis for the request for an interpretation, together with any proposed clarification or interpretation desired by the applicant. The applicant shall include all information determined to be necessary by the Executive Director after the pre-application conference. Within 30 days after receipt of a request for a letter of clarification or interpretation, the Executive Director shall inform the applicant of any additional information which is required in order to make a determination of the requested clarification or interpretation.
(b) An applicant for a letter of clarification or interpretation involving a specific parcel, except where the letter of interpretation involves solely the question of the number of Pinelands Development Credits which are attributed to a specific parcel, shall provide notice of the application as follows:
1. Notice shall be given to owners of all real property within 200 feet of the subject parcel as provided for in 40:55D-12(b). The administrative officer of the municipality shall provide a certified list of said property owners as provided for in 40:55D-12(c). The applicant shall be entitled to rely upon the information contained in said certified list as provided in 40:55D-12(c); and
2. Notice shall be given by publication in the official newspaper of the municipality in which the parcel is located, if there is one, or in a newspaper of general circulation in the municipality as provided for in 40:55D-12(a).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.74 - Interpretation by Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
Except as provided in
N.J.A.C. 7:50-4.75
, the Executive Director shall, within 45 days following the receipt of a completed request for clarification or interpretation, review the application and all information submitted by the applicant or any other person relating to the application and upon completion of such review issue a letter of clarification or interpretation. A copy of the letter shall be provided to the appropriate municipal or county planning board, environmental commission, if any, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination and any person, organization, or agency, which has registered under
N.J.A.C. 7:50-4.3(b)
2i(2). The letter issued by the Executive Director shall specify the grounds, reasons, and analysis upon which the clarification or interpretation is based. In the event the Executive Director fails to render a letter of clarification or interpretation within 45 days of receipt of a completed application or such longer period of time as may be agreed to by the applicant, the applicant is entitled to request a hearing pursuant to
N.J.A.C. 7:50-4.91
. Nothing in this section shall be construed to prevent any person from resubmitting a request for clarification or interpretation.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.75 - Limitations on issuance of use interpretations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No use interpretation shall permit a use listed as an authorized use in any area to be established in any area in which such use is not listed.
(b) No use interpretation shall permit any use in any area unless the Executive Director determines that the use will be in conformity with the minimum standards and requirements of this Plan.
(c) No use interpretations shall authorize any use in a particular area unless the use is substantially similar to other uses authorized in the area.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.76 - Effect of and limitation on favorable interpretation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No letter of clarification or interpretation shall authorize the establishment of a use or the carrying out of any development, but shall merely authorize the preparation, filing and processing of applications for any permits and approvals which may be required by the codes and ordinances of any local permitting agency with jurisdiction over the subject parcel or this Plan.
(b) No letter of clarification or interpretation shall be valid for a period longer than five years from the date of issuance, unless a final approval pursuant to this Plan has been granted within that period, and development is thereafter diligently pursued to completion, or the use is legally commenced within that period.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.77 - Binding effect of interpretations

Current through Register Vol. 56, No. 14, July 15, 2024
Any letter of clarification or interpretation issued by the Executive Director pursuant to this Part shall be binding so long as the applicant complies with all applicable conditions imposed by the provisions of this Part or other provisions of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.78 - Monthly report

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director shall keep a record of each clarification or interpretation rendered pursuant to this Part and shall file a monthly report of such clarifications or interpretations with the Commission. The report may include a recommendation of the Executive Director that this Plan be amended to add new uses to the various use lists established by this Plan to reflect any use interpretations given pursuant to this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VI - LETTERS OF INTERPRETATION › Section 7:50-4.79 - Appeal

Current through Register Vol. 56, No. 14, July 15, 2024
Any interested person who is aggrieved by any clarification or interpretation given by the Executive Director pursuant to this Part may within 15 days appeal the Executive Director's clarification or interpretation to the Commission as provided in 7:50-4.91.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VII - COORDINATED PERMITTING WITH STATE AGENCIES › Section 7:50-4.81 - General requirements; applicant to submit application to Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No department, board, bureau, official or other agency of the State of New Jersey shall issue any approval, certificate, license, consent, permit, or financial assistance for the construction of any structure or the disturbance of any land in the Pinelands Area unless such approval or grant is consistent with the minimum standards of this Plan.
(b) Prior to filing any application for development in the Pinelands Area with any department, board, bureau, official or other agency of the State of New Jersey, the applicant shall file with the Commission a duplicate copy of the application. The Executive Director may within 30 days require the applicant to submit any additional information which he determines is necessary in order to evaluate the interest of the Commission in such application. No State department, board, bureau, official or other agency shall deem an application for development complete unless it is accompanied by a Certificate of Filing, a Notice of Filing, a Certificate of Completeness or a resolution of the Pinelands Commission approving, pursuant to the provisions of Part IV of this subchapter, an application for public development. Notwithstanding these requirements, the Pinelands Commission may enter into an intergovernmental memorandum of agreement with any State department, board, bureau, official or other agency for the purpose of eliminating or altering any of the procedural requirements set forth in this subsection concerning the review by a State agency of third party development.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VII - COORDINATED PERMITTING WITH STATE AGENCIES › Section 7:50-4.82 - Determination of Commission interests; Commission staff participation in State review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Review of application: Within 30 days following receipt of any application or additional information submitted pursuant to 7:50-4.81, the Executive Director shall review the application and additional information and determine what, if any, special interests the Commission has with respect to the application, the extent to which the Commission staff should participate in any proceedings held by the state agency with which the application is to be filed, and whether any Commission review provided for in this Plan should be conducted before, after or simultaneously with any proceedings to be conducted by the state agency.
(b) Issuance of Certificate of Filing: If the Executive Director determines that any proceedings to be conducted by the state agency in question should be conducted prior to or simultaneously with any Commission review provided for in this Plan, the Executive Director shall within 30 days issue to the applicant a Certificate of Filing evidencing the fact that the applicant has complied with the provisions of 7:50-4.81 and authorizing the filing of the application with the state agency. Such Certificate of Filing shall indicate that any permit, approval or authorization granted by the state agency shall be conditioned upon the issuance of any Commission approval provided for by this Plan.
(c) Determination of degree of participation: If the Executive Director determines pursuant to (a) above that any state agency proceeding, with respect to an application filed pursuant to 7:50-4.81, should be conducted before or simultaneously with any Commission review, he shall determine the appropriate nature and extent of Commission staff participation in such proceeding. Its participation may include, but is not limited to:
1. Submitting a written analysis of any concerns and opinions the Commission staff has with respect to the conformance of the proposed development with the minimum standards of the Plan, including a list of any conditions which it determines should be imposed in the event that the permit is granted;
2. Submitting written evidence with respect to the conformance by the proposed development with the minimum standards of this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VII - COORDINATED PERMITTING WITH STATE AGENCIES › Section 7:50-4.83 - Notice from State agencies with respect to applications for development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General: Every department, board, bureau, official and other agency of the state shall give notice to the Commission of the filing of any applications for development and of hearings, meetings and other formal proceedings concerning the filing and disposition of every application for development in the Pinelands Area filed with it.
(b) Notice of application: Notice of submission of any application for development shall be given by mail within seven days following such filing and shall contain the following information:
1. The name and address of the applicant;
2. The legal description and street address, if any, of the parcel which the applicant proposes to develop;
3. A brief description of the proposed development, including uses and intensity of uses proposed;
4. The Pinelands Commission application number;
5. The date on which the application was filed and any application or other identifying number assigned to such application by the State agency;
6. The state agency with which the application was filed; and
7. The nature of the approval or approvals being sought.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VII - COORDINATED PERMITTING WITH STATE AGENCIES › Section 7:50-4.84 - Referral of matters to state agency

Current through Register Vol. 56, No. 14, July 15, 2024
At any stage of any Commission review of development provided for in this Plan, the Executive Director may refer any issue raised in such review to any state department, board, bureau, official or other agency of the state with a request for such information or assistance as may be necessary or convenient to permit the Commission to fulfill its duties and responsibilities. Upon receipt of such referral, the state agency shall provide any requested information, assistance or recommendation relating to any issues within the areas of its expertise. Any such information, assistance or recommendations shall not be binding on such agency with respect to the granting of any permit, approval or other authorization required by the laws and regulations applicable to such agency shall be deemed to be purely advisory to the Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VII - COORDINATED PERMITTING WITH STATE AGENCIES › Section 7:50-4.85 - Referral of matters to Commission by state agency

Current through Register Vol. 56, No. 14, July 15, 2024
At any stage of any proceedings conducted by any state department, board, bureau, official or other agency of the state with respect to development in the Pinelands Area, such agency may refer any issue raised in such proceedings to the Commission. Upon receipt of such referral, the Commission shall provide any requested information or recommendation relating to any issues relating to this Plan, any other Commission rules or regulations, or any other matters of special concern to the Commission. Such recommendations shall not be binding on the Commission with respect to the grant of any approval required by this Plan but shall be deemed purely advisory.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VII - COORDINATED PERMITTING WITH STATE AGENCIES › Section 7:50-4.86 through 7:50-4.90 - 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 4 - DEVELOPMENT REVIEW › Part VIII - RECONSIDERATION AND JUDICIAL REVIEW › Section 7:50-4.91 - Appeal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notice: Any person who has a right to appeal any determination made by the Executive Director to the Commission shall, within 15 days of the date the decision is deemed rendered in accordance with N.J.A.C. 7:50-4.3(e)3, perfect such right by giving notice by mail of his or her intent to appeal to the Commission. Such notice shall include:
1. The name and address of the person requesting the appeal;
2. The number of the application which is the subject of the appeal;
3. The date on which the determination to be appealed was made;
4. A statement detailing the basis for the appeal; and
5. A certificate of service indicating that service of the notice has been made, by certified mail, on the clerk of the county or municipal planning board and environmental commission, if any, with jurisdiction over the property which was the subject of the decision or order.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part VIII - RECONSIDERATION AND JUDICIAL REVIEW › Section 7:50-4.92 - Judicial review

Current through Register Vol. 56, No. 14, July 15, 2024
Judicial review may be had of any final determination or order of the Commission as provided by Section 19 of the Pinelands Protection Act or any other provision of State law. All appeals of determinations of the Executive Director shall be made to the Office of Administrative Law pursuant to 7:50-4.91. If an appeal of a determination of the Executive Director is sought by any person pursuant to 7:50-4.91, all limitation periods provided by State law for seeking judicial review of any decision of the Commission shall be deemed to commence upon entry of the Commission's order on the appeal or hearing pursuant to 7:50-4.91(d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part I - STANDARDS OF GENERAL APPLICABILITY › Section 7:50-5.1 - Development in accordance with this Plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No development shall be carried out by any person unless that development conforms to the minimum requirements and standards of this Plan.
(b) The extraction or underground storage of natural gas or other minerals not expressly authorized in this Plan is prohibited.
(c) Unless expressly permitted in a certified municipal land use ordinance, no more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management, and, on agricultural lands, recreation development.
(d) A municipality may include in its master plan and land use ordinance provisions which permit mobile homes or other similarly manufactured dwelling units as part of a government-sponsored program which provides housing for the elderly. Such mobile homes or manufactured dwelling units shall be exempt from the density limitations of this Part, provided that:
1. They are associated with existing single family dwellings; and
2. They are intended only for temporary housing and occupancy for no longer than three years.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part I - STANDARDS OF GENERAL APPLICABILITY › Section 7:50-5.2 - Continuation, expansion and changes of existing uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding the use restrictions contained in Part III of this subchapter, a municipality may permit the continuation of any nonconforming use, provided that such use is not abandoned, and further provided that no such use shall be expanded, altered, or changed to another nonconforming use, except as provided in (b) and (c) below.
(b) Notwithstanding the use restrictions contained in Part III of this subchapter, a municipality may permit the expansion or alteration of any nonconforming use existing on January 14, 1981 or any nonconforming use which was constructed based upon an approval granted pursuant to this Plan, other than intensive recreation facilities and those uses which are expressly limited in N.J.A.C. 7:50-6, provided that:
1. The use was not abandoned or terminated subsequent to January 14, 1981;
2. The expansion or alteration of the use is in accordance with all of the minimum standards of N.J.A.C. 7:50-6; and
3. The area of expansion does not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981 or which was approved pursuant to this Plan.