reglab/statecodes huggingface dataset:
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 7:50-5.3 - Map status

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following maps, the originals of which are maintained at the offices of the Commission, are hereby designated and established as a part of this Plan and shall be as much a part of this Plan as if they were set out in full in this Plan:
1. Pinelands Area Jurisdiction Boundaries, Plate 1, as amended as of August 21, 1995;
2. Surficial Geology, Plate 2, as amended as of August 21, 1995;
3. NW-SE Geologic Cross-Section, Plate 3;
4. Hydrogeologic Features, Plate 4, as amended as of August 21, 1995;
5. Surface Water Hydrology, Plate 5, as amended as of August 21, 1995;
6. Agricultural Soils, Plate 6, as amended as of August 21, 1995;
7. Depth to Seasonal High Water Table, Plate 7, as amended as of August 21, 1995;
8. Hydrologic Soil Group, Plate 8, as amended as of August 21, 1995;
9. Soil Factors Limiting Use for Septic Tank Absorption Fields, Plate 9, as amended as of August 21, 1995;
10. Vegetation, Plate 10, as amended as of August 21, 1995;
11. Wildland Fire Hazard Classification, Plate 11, as amended as of August 21, 1995;
12. Watersheds Supporting Characteristics Pinelands Aquatic Communities, Plate 12;
13. Prehistoric Archaeologic Resources, Plate 13, as amended as of August 21, 1995;
14. Historic, Archaeologic and Architectural Resources, Plate 14, as amended as of August 21, 1995;
15. Cultural Subregions, Plate 15, as amended as of August 21, 1995;
16. Land Use, Plate 16, as amended as of August 21, 1995;
17. Sewer Service Areas, Plate 17, as amended as of August 21, 1995;
18. Water Service Areas, Plate 18, as amended as of August 21, 1995;
19. Solid Waste Disposal Sites, Plate 19, as amended as of August 21, 1995;
20. Transportation Systems, Plate 20, as amended as of August 21, 1995;
21. Major Public Land Holdings, Plate 21, as amended as of August 21, 1995;
22. Resource Extraction Areas, Plate 22, as amended as of August 21, 1995;
23. Ecological Critical Area Importance Values, Plate 27, as amended as of August 21, 1995;
24. Land Capability, Plate 28, as amended as of June 19, 2006;
25. Zoning maps, master plans and land use ordinances certified by the Commission under the provisions of N.J.A.C. 7:50-3;
26. Special Areas Map, Figure 7.1.
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 7:50-5.5 - Setback standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All buildings within the Preservation Area District, Rural Development Area, and Forest Area shall be set back from public, paved roads in accordance with 7:50-6.103 and 104.
(b) All structures within 1,000 feet of rivers designated in 7:50-6.105(a)  shall be screened in accordance with the requirements set forth therein.
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 7:50-5.6 through 7:50-5.10 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.12 - Pinelands Management Areas and Parkway Overlay District established

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following Pinelands Management Areas are hereby established:
1. Preservation Area District;
2. Forest Areas;
3. Agricultural Production Areas;
4. Special Agricultural Production Areas;
5. Rural Development Areas;
6. Pinelands Villages and Pinelands Towns;
7. Regional Growth Areas;
8. Military and Federal Installation Areas.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.14 - Minimum standards for municipal designation of Special Agricultural Production Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Special Agricultural Production Areas may be designated at the option of a municipality, or upon nomination to the Commission by an individual prior to certification, in the Preservation Area District in accordance with the following criteria:
1. The area to be designated is primarily agricultural in use, is of a size capable of sustaining active agricultural operation taking into account adjacent and surrounding uses and the availability of agricultural support uses, and includes surrounding actively used agricultural lands in so far as necessary to ensure that a viable, long term agricultural area exists; and
2. The area may include land in an adjacent municipality also designated under this section; and
3. The area is primarily comprised of lands used for active berry agricultural or active native horticultural use and lands which are essential to and held for the protection of active berry agricultural or active native horticultural uses; and
4. Where a nomination is made by an individual prior to certification, the Commission shall conduct a hearing pursuant to 7:50-4.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.15 - Minimum standards for municipal designation of Agricultural Production Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Agricultural Production Areas may be designated in the Protection Area at the option of a municipality or upon nomination to the Commission by an individual prior to certification, in accordance with the following criteria:
1. The area to be designated is primarily agricultural in use, is of a size capable of sustaining active agricultural operation taking into account adjacent and surrounding uses and the availability of agricultural support uses, and includes surrounding actively used agricultural lands in so far as necessary to ensure that a viable, long term agricultural area exists; and
2. The area may include land in an adjacent municipality also designated under this section; and
3. The area is primarily comprised of lands used for active agricultural use including lands which are held as buffers, water conservation areas or for other protection of active agricultural uses; and
4. Where a nomination is made by an individual prior to certification, the Commission shall conduct a hearing pursuant to 7:50-4.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.16 - Guidelines for delineation of boundaries of Pinelands Villages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the preparation of municipal master plans and land use ordinances, municipalities shall designate the boundaries of Pinelands Villages; provided that the designated village shall maintain its existing character and does not contain more vacant land than built land, nor provide for an additional increment of development which is greater than the number of non-accessory structures that currently exist in the village. For the purposes of this requirement, built land for residential structures shall be calculated as the existing lot size or 3.2 acres, whichever is less, built land for non-residential structures shall be calculated as the lot size required by existing zoning at the time of adoption of this Plan and residential development being transferred to a village from a Forest or Rural Development Area pursuant to 7:50-5.30(c)2  shall not be included in calculating the additional increment of development. Municipalities should also consider the following guidelines in designating village boundaries to the greatest extent practicable:
1. The village area should include the center of the village, typically located at or near the intersection of two roads, the developed lands contiguous to the village center, and other cleared lands not in active agricultural use.
2. In the Preservation Area District and Forest Areas the village area should not contain more than 50 percent forested land.
3. In Agricultural Production Areas and Forest Areas the village area should not include active agricultural lands except for isolated areas of less than 10 acres.
4. Village boundaries along roads leading to and from the village center should not be extended more than 1/2 mile from the village center.
5. Village delineations should not intrude into wetlands vegetation associations.
6. Villages should include areas of high septic suitability contiguous to developed lands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.17 - Incorporation of Pinelands Management Areas into municipal master plans and land use ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, Part IV, a municipal master plan or land use ordinance must incorporate and implement the minimum standards of this subchapter governing the distribution and intensity of land uses.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.18 - Minimum residential allocation of density in wetlands

Current through Register Vol. 56, No. 14, July 15, 2024
Each municipality shall allocate a minimum residential density to all wetlands that is at least one-fifth of the average gross residential density of uplands located in the same management area as the wetlands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part II - PINELANDS MANAGEMENT AREAS › Section 7:50-5.19 - Cluster development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Clustering of residential development on parcels located within the Regional Growth Areas is encouraged, provided that the densities established in the certified municipal ordinance are not exceeded and that the development otherwise conforms to the standards of this Plan.
(b) Clustering of residential development on parcels located within more than one Pinelands management area may be permitted, provided that:
1. The parcel in question is contiguous;
2. The portion of the parcel to be developed is located within the management area with the highest assigned residential density;
3. The amount of the development proposed does not exceed that which would be permitted separately in each management area as determined by application of the standards contained in this subchapter and in 7:50-6.84;
4. The minimum lot area requirements of the management area in which the portion of the parcel to be developed is located are met; and
5. If any portion of the parcel is located within the Regional Growth Area, opportunities for the use of Pinelands Development Credits established pursuant to 7:50-5.28(a)3  are not reduced as a result of the cluster development.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.21 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
In order to ensure the long-term integrity of the Pinelands environment while accommodating regional growth influences, the Pinelands Commission finds that it is appropriate and necessary to establish minimum standard governing the character, location and magnitude of development and the use of land in the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.22 - Minimum standards governing the distribution and intensity of development and land use in the Preservation Area District

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses shall be permitted in the Preservation Area District:
1. Residential dwelling units in accordance with the cultural housing provisions of N.J.A.C. 7:50-5.32.
2. Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture.
3. Forestry.
4. Beekeeping.
5. Fish and wildlife management and wetlands management.
6. Low intensity recreational uses, provided that:
i. The parcel proposed for low intensity recreational use has an area of at least 50 acres;
ii. The recreational use does not involve the use of motorized vehicles except for necessary transportation;
iii. Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
iv. Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent of the parcel; and
v. No more than one percent of the parcel will be covered with impervious surfaces.
7. Pinelands Development Credits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.23 - Minimum standards governing the distribution and intensity of development and land use in Forest Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses shall be permitted in a Forest Area:
1. Residential dwelling units in accordance with the cultural housing provisions of N.J.A.C. 7:50-5.32;
2. Residential cluster development in accordance with the provisions of N.J.A.C. 7:50-5.19(c) and (d). Nonclustered residential development shall also be permitted, provided that:
i. No more than one unit is proposed; or
ii. The standards of N.J.A.C. 7:50-5.19(c) cannot be met;
3. Residential dwelling units in accordance with the development transfer provisions of N.J.A.C. 7:50-5.30;
4. Agriculture;
5. Forestry;
6. Low intensity recreational uses, provided that:
i. The parcel proposed for low intensity recreational use has an area of at least 50 acres;
ii. The recreational use does not involve the use of motorized vehicles except for necessary transportation;
iii. Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;
iv. Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent of the parcel; and
v. No more than one percent of the parcel will be covered with impervious surfaces.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.25 - Minimum standards governing the distribution and intensity of development and land use in Special Agricultural Production Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses shall be permitted in a Special Agricultural Production Area:
1. Residential dwelling units in accordance with the cultural housing provisions of 7:50-5.32.
2. Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture;
3. Beekeeping;
4. Forestry;
5. Fish and wildlife management and wetlands management;
6. Pinelands Development Credits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.26 - Minimum standards governing the distribution and intensity of development and land use in Rural Development Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses shall be permitted in a Rural Development Area:
1. Residential cluster development in accordance with the provisions of 7:50-5.19. Nonclustered residential development shall also be permitted, provided that:
i. No more than one unit is proposed; or
ii. The standards of 7:50-5.19(c)  cannot be met; and
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.27 - Minimum standards governing the distribution and intensity of development and land use in Pinelands Villages and Towns

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any use not otherwise limited pursuant to N.J.A.C. 7:50-6 may be authorized in a Pinelands Village or Town, provided that:
1. Public service infrastructure necessary to support the use is available, or can be provided without any development in the Preservation Area District, Special Agricultural Production Area, or a Forest Area;
2. The character and magnitude of the use is compatible with existing structures and uses in the Village or Town;
3. Only the following waste management facilities shall be permitted in a Pinelands Village in accordance with N.J.A.C. 7:50-6, Part VII:
i. Transfer stations, collection facilities and recycling centers in accordance with 7:50-6.76(a);
ii. Petroleum waste collection and transfer facilities in accordance with 7:50-6.76(b);
iii. Household hazardous waste collection and transfer facilities in accordance with 7:50-6.76(c);
iv. Recycling centers accessory to an existing lawful resource extraction operation or asphalt or concrete manufacturing facility in accordance with 7:50-6.76(d);
v. Composting facilities in accordance with 7:50-6.77(b); and
vi. Regulated medical waste facilities accessory to a generator of such waste in accordance with 7:50-6.78(b).
4. No hazardous waste facility, landfill or incinerator shall be permitted in a Pinelands Town, except as expressly authorized in 7:50-6.75 or 6.78.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.28 - Minimum standards governing the distribution and intensity of development and land use in Regional Growth Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any use not otherwise limited pursuant to N.J.A.C. 7:50-6 may be permitted in a Regional Growth Area, provided that:
1. Except as provided in (a)2, 3, 4, 5, 6 and 7 below and Part IV of this subchapter, the total number of dwelling units authorized by a municipality for a Regional Growth Area shall be equal to and not exceed the following density per acre of developable land:
i. In Barnegat Township: 2.0 dwelling units per acre.
ii. In Beachwood Borough: 3.5 dwelling units per acre.
iii. In Berkeley Township: 2.0 dwelling units per acre.
iv. In Berlin Borough: 2.0 dwelling units per acre.
v. In Berlin Township: 2.0 dwelling units per acre.
vi. In Chesilhurst Borough: 1.125 dwelling units per acre.
vii. In Dennis Township: 1.0 dwelling unit per acre.
viii. In Dover Township: 3.5 dwelling units per acre.
ix. In Eagleswood Township: 2.0 dwelling units per acre.
x. In Egg Harbor Township: 3.5 dwelling units per acre.
xi. In Evesham Township: 2.0 dwelling units per acre.
xii. In Galloway Township: 2.5 dwelling units per acre.
xiii. In Hamilton Township: 3.5 dwelling units per acre.
xiv. In Jackson Township: 3.0 dwelling units per acre.
xv. In Lacey Township: 3.5 dwelling units per acre.
xvi. In Little Egg Harbor Township: 3.5 dwelling units per acre.
xvii. In Manchester Township: 3.5 dwelling units per acre.
xviii. In Medford Township: 1.0 dwelling unit per acre.
xix. In Medford Lakes Borough: 3.0 dwelling units per acre.
xx. In Monroe Township: 2.0 dwelling units per acre.
xxi. In Ocean Township: 3.5 dwelling units per acre.
xxii. In Pemberton Township: 2.0 dwelling units per acre.
xxiii. In Shamong Township: 1.0 dwelling unit per acre.
xxiv. In Southampton Township: 1.0 dwelling unit per acre.
xxv. In South Toms River Borough: 3.5 dwelling units per acre.
xxvi. In Stafford Township: 3.5 dwelling units per acre.
xxvii. In Tabernacle Township: 1.0 dwelling unit per acre.
xxviii. In Upper Township: 1.0 dwelling unit per acre.
xxix. In Waterford Township: 2.25 dwelling units per acre.
xxx. In Winslow Township: 1.125 dwelling units per acre.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.29 - Minimum standards governing the distribution and intensity of development and land use in Military and Federal Installation Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any use associated with the function of the Federal Installation may be permitted in a Military and Federal Installation Area, provided that:
1. Where feasible, development shall be located in that portion of the installation located within the Pinelands Protection Area;
2. The use shall not require any development, including public service infrastructure, in the Preservation Area District or in a Forest Area;
3. No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in 7:50-6.75 or 6.78; and
4. All development undertaken by the Federal government substantially meets the standards of N.J.A.C. 7:50-6 of this Plan or an intergovernmental agreement entered into pursuant to N.J.A.C. 7:50-4, Part IV.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.31 - Minimum standards for substandard lots

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may, as a part of its master plan and land use ordinance prepared and certified under the provisions of N.J.A.C. 7:50-3, exempt the owners of parcels of land within the Protection Area from the density limitations of this Part, provided that:
1. The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
2. The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
3. No lot that was in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements is exempt from the density provisions of this Part;
4. No lot that does not include all vacant contiguous lands in common ownership on or after February 8, 1979 is exempt from the density provisions of this Part; and
5. No lot of less than one acre will be exempt from the density provisions of this Part.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.32 - Special provisions for cultural housing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Residential dwellings on 3.2 acre lots may be permitted within any management area provided that:
1. The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
2. The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years;
3. The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation; and
4. The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different 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 III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.33 - 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 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.34 - Assisted living facilities and continuing care retirement communities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may include in its master plan and land use ordinance provisions which permit assisted living facilities and continuing care retirement communities, provided that:
1. Such uses shall be permitted only in Regional Growth Areas, Pinelands Villages and Pinelands Towns;
2. Within Regional Growth Areas, assisted living facilities and continuing care retirement communities may be permitted at densities consistent with the standards of 7:50-5.28(a); provided, however, that the maximum permitted density for an assisted living facility, including the assisted living component of a continuing care retirement community, shall be permitted to exceed eight units per acre only through the use of Pinelands Development Credits;
3. Within Pinelands Villages and Pinelands Towns, assisted living facilities and continuing care retirement communities may be permitted consistent with the standards of 7:50-5.27;
4. Calculations of residential density shall include all dwelling units in a continuing care retirement community and all dwelling units within an assisted living facility. Long term care beds within nursing facilities that have been licensed as such by the Department of Health and Senior Services shall not be included in calculations of density, whether or not said facility is part of a continuing care retirement community; and
5. Residential density for continuing care retirement communities and for any assisted living facilities which are part of a mixed use development shall be calculated by determining the amount of land associated with each use to be located on the parcel proposed for development. When the residential and nonresidential uses are located in the same building or share other facilities, the determination of land area occupied by the residential use may take into consideration the size, intensity and capacity of the proposed residential and nonresidential uses on said parcel.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.35 - Minimum standards governing the distribution and intensity of development and land use in the Parkway Overlay District

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following uses shall be permitted in the Parkway Overlay District, provided they are located within the existing highway right of way:
1. Construction, improvement, expansion, repair, reconstruction and maintenance of roadways, bridges and outlying and accessory facilities associated with operation and maintenance of the highway;
2. Improvement, expansion, repair, reconstruction and maintenance of existing interchanges;
3. Construction, improvement, expansion, repair, reconstruction and maintenance of public service infrastructure, both underground and above-ground, including communications and data transfer utilities and Intelligent Transportation Systems; and
4. Local communications facilities, provided that the standards set forth in 7:50-5.4(c)4  ii through v are met.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.36 - Solar energy facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may include in its master plan and land use ordinance provisions which permit solar energy facilities as a principal use in any Pinelands management area, provided that:
1. Public service infrastructure necessary to support the solar energy facility is available, or can be provided without any off-site development in the Preservation Area District, Special Agricultural Production Area, or a Forest Area except in association with a solar energy facility permitted pursuant to (b) below;
2. The solar energy facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to minimize visual impacts as viewed from:
i. The wild and scenic rivers and special scenic corridors listed in 7:50-6.105(a);
ii. The Pine Plains and area necessary to maintain the ecological integrity of the Pine Plains, and the Forked River Mountains as depicted on the Special Area Map, Figure 7.1;
iii. Publicly dedicated roads and highways;
iv. Low intensity recreational facilities and campgrounds; and
v. Existing residential dwellings located on contiguous parcels;
3. Should the development of new or expansion of existing on-site or off-site infrastructure be necessary to accommodate the solar energy facility, clearing shall be limited to that which is necessary to accommodate the use in accordance with 7:50-6.23. New rights-of-way shall be limited to a maximum width of 20 feet, unless additional width is necessary to address specific safety or reliability concerns;
4. Any solar energy facility shall be decommissioned within 12 months of the cessation of its utilization. Decommissioning shall include:
i. Removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel;
ii. Restoration of the parcel in accordance with 7:50-6.24, unless restoration is unnecessary because the parcel is to be put into active agricultural use or approved for development in accordance with the certified local ordinance within that 12-month period; and
iii. Any other measures necessary to address ecological and visual impacts associated with the solar energy facility, including the removal of off-site infrastructure and restoration of affected lands; and
5. The facility shall comply with the applicable limitations in (b) through (d) below.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part III - MINIMUM STANDARDS FOR LAND USE DISTRIBUTION AND INTENSITIES › Section 7:50-5.37 through 7:50-5.40 - 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 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.41 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
If land use and development of the Pinelands is concentrated in Regional Growth Areas, the Pinelands as a region can tolerate additional development without damaging the Pinelands environment. It is the purpose of this Part to facilitate such patterns of growth and development by providing land-owners in the Preservation Area District, Special Agricultural Production Areas, and Agricultural Production Areas with an opportunity to secure an additional beneficial use of their land without the risk of damaging the essential ecological character of the Pinelands.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.42 - Pinelands Development Credit Program required

Current through Register Vol. 56, No. 14, July 15, 2024
In order to be certified under the provisions of N.J.A.C. 7:50-3, Part IV, the master plan and land use ordinances of a municipality which has land in the Preservation Area District, an Agricultural Production Area, a Special Agricultural Production Area, or a Regional Growth Area shall include provisions implementing the Pinelands Development Credit Program.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.43 - Pinelands Development Credits established

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except for land which is owned by a public agency on January 14, 1981, land which is thereafter purchased by the State for conservation purposes, land which is subject to an easement limiting the use of land to nonresidential uses or land otherwise excluded from entitlement pursuant to (b) below, every parcel of land in the Preservation Area District, an Agricultural Production Area or a Special Agricultural Production Area shall have a use right known as "Pinelands Development Credits" that can be used to secure a density bonus for lands located in Regional Growth Areas.
(b)Pinelands Development Credits are hereby established at the following ratios:
1. In the Preservation Area District, including those areas designated pursuant to 7:50-5.22(b)7:
i. Uplands which are undisturbed but currently or previously approved for resource extraction pursuant to this Plan: two Pinelands Development Credits per 39 acres;
ii. Uplands which are mined as a result of a resource extraction permit approved pursuant to this Plan: zero Pinelands Development Credits per 39 acres;
iii. Other uplands: one Pinelands Development Credit per 39 acres; and
iv. Wetlands: two-tenths Pinelands Development Credits per 39 acres.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.44 - Limitations on use of Pinelands Development Credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No Pinelands Development Credit may be conveyed, sold, encumbered or transferred unless the owner of the land from which the credit has been obtained has received a Pinelands Development Credit Certificate from the New Jersey Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-3, and has deed restricted the use of the land in perpetuity to those uses set forth in 7:50-5.47(b)  by recorded deed restriction which is in favor of a public agency or not for profit incorporated organization and specifically and expressly enforceable by the Commission.
(b) Notwithstanding the provisions of (a) above, an owner of a parcel from which Pinelands Development Credits are sold may retain a right for residential development on that parcel, provided that the recorded deed restriction expressly provides for same and that the total allocation of Pinelands Development Credits for that parcel is reduced by .25 Pinelands Development Credits for each reserved right to build a dwelling unit. Subdivision of the parcel shall not be required until such time as the residential development right is exercised.
(c) The bonus density of a parcel of land on which Pinelands Development Credits are used shall not exceed the upper limits of the density range of the municipal zone or district in which the parcel is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.45 - Pinelands Development Credit bonus multipliers

Current through Register Vol. 56, No. 14, July 15, 2024
Pinelands Development Credits which are used for securing a density bonus for parcels of land located in a Regional Growth Area shall yield a bonus of four dwelling units per credit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.46 - Aggregation of Pinelands Development Credits

Current through Register Vol. 56, No. 14, July 15, 2024
Pinelands Development Credits may be aggregated from different parcels for use in securing a bonus for a single parcel of land in a Regional Growth Area, provided that the density does not exceed the limits of the density range specified in the municipal district in which the parcel is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.47 - Recordation of deed restriction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No conveyance, sale or transfer of Pinelands Development Credits shall occur until the municipality with jurisdiction over the parcel of land from which the Pinelands Development Credits were obtained, the agency or organization to which the restriction is in favor, and the Commission have been provided with evidence of recordation of a restriction on the deed to the land from which the development credits were obtained.
(b) Such deed restriction shall specify the number of Pinelands Development Credits sold and that the parcel may only be used in perpetuity for the following uses:
1. In the Preservation Area District:
i. Berry agriculture; horticulture of native Pinelands plants; forestry; beekeeping; fish and wildlife management; wetlands management; low intensity recreational uses in which the use of motorized vehicles is not permitted except for necessary transportation, access to water bodies is limited to no more than 15 feet of frontage per 1,000 feet of frontage on the water body, clearing of vegetation does not exceed five percent of the parcel, and no more than one percent of the parcel will be covered with impermeable surfaces; and accessory uses.
ii. Where permitted by a certified municipal land use ordinance or when the property is located in an uncertified municipality, agricultural employee housing as an accessory use may also be specifically permitted in such deed restriction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part IV - PINELANDS DEVELOPMENT CREDIT PROGRAM › Section 7:50-5.48 through 7:50-5.50 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part V - SPECIAL PINELANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Section 7:50-5.51 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This Part establishes a special program for the State's purchase of Pinelands Development Credits, utilizing funds appropriated by the State for this purpose. The program is administered in cooperation with the New Jersey Department of Environmental Protection and the New Jersey Pinelands Development Credit Bank and is intended to increase the amount of important agricultural and forested lands permanently protected in the Preservation Area District, the Agricultural Production Areas and the Special Agricultural Production Areas. All Pinelands Development Credits purchased through this special program shall also be retired so that the development rights purchased by the State are not used for density bonuses in Regional Growth Areas or for other development activities authorized in this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part V - SPECIAL PINELANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Section 7:50-5.52 - Program administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Pinelands Commission shall enter into a memorandum of agreement with the New Jersey Department of Environmental Protection and the New Jersey Pinelands Development Credit Bank to provide for the orderly administration of the special program authorized in this Part. The agreement shall, among other financial and administrative matters, provide for the Pinelands Commission's determination, through letters of interpretation issued pursuant to N.J.A.C. 7:50-4, Part VI, of the number of Pinelands Development Credits attributed to a parcel, the Pinelands Development Credit Bank's purchase of the Pinelands Development Credits on behalf of the Pinelands Commission and the administration of the appropriated funds. The memorandum of agreement may also authorize joint implementation of the program with any County Development Credit Bank.
(b) Nothing in this Part shall be construed to limit the authority of the Pinelands Development Credit Bank to otherwise purchase, extend loan guarantees for, sell, exchange, convey or retire Pinelands Development Credits pursuant to the authorities granted to the Bank in 13:18A-30 through 49.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part V - SPECIAL PINELANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Section 7:50-5.53 - Pinelands Development Credit purchases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The memorandum of agreement shall authorize the Pinelands Development Credit Bank to purchase Pinelands Development Credits through this special program on behalf of the Pinelands Commission only when sufficient funds are available for such purchases and when all of the requirements of (b) and (c) below are met.
(b) All purchases of Pinelands Development Credits under this program shall meet the following criteria:
1. The deed restriction required pursuant to 7:50-5.47 was recorded on or after July 1, 1999 for the parcel to which the Pinelands Development Credits are allocated;
2. The Pinelands Development Credits are owned by the person or entity who owns the parcel to which the Pinelands Development Credits are allocated;
3. The Pinelands Development Credits are not owned by a public agency;
4. If a person or entity owns more than one parcel, each of which is one acre or less in size and each of which receives a PDC allocation pursuant to 7:50-5.43(b)4  or 5, no more than a total of 0.50 Pinelands Development Credits allocated to such parcels shall be purchased from that person or entity; and
5. No more than 25 Pinelands Development Credits shall be purchased from any person or entity prior to July 1, 2000 unless the full amount of the appropriation by the State for such purposes is not obligated by June 30, 2000.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part V - SPECIAL PINELANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Section 7:50-5.54 - Purchase price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purchase price of a Pinelands Development Credit shall be the higher of the following values:
1. The 1985 market value of $ 12,500 established in the Pinelands Development Credit Bank Act, P.L. 1985, c.310 (13:18A-30 -49), adjusted to current dollar value. The adjustment shall be directly proportional to the percent change in the Consumer Price Index from the 1985 annual average index to the annual average index for the calendar year immediately preceding the purchase. The adjustment shall use the Consumer Price Index for All Urban Consumers, Philadelphia-Wilmington-Atlantic City Area, Owners Equivalent Rent of Primary Residence, as compiled by the United States Department of Labor Bureau of Labor Statistics; or
2. The value derived from the more recent of the following:
i. The purchase price for Pinelands Development Credits established by the Pinelands Development Credit Bank pursuant to the Pinelands Development Credit Bank Act, P.L. 1985, c.310 (13:18A-30 -49) which is promulgated at 3:42-5.6; or
ii. Eighty percent of the highest per unit bid received in conjunction with the most recent sale of Pinelands Development Credits by the Pinelands Development Credit Bank pursuant to N.J.A.C. 3:42-7.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part V - SPECIAL PINELANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Section 7:50-5.55 - Retirement of Pinelands Development Credits purchased through this program

Current through Register Vol. 56, No. 14, July 15, 2024
All Pinelands Development Credits purchased by the Pinelands Development Credit Bank pursuant to the special program authorized in this Part shall be retired and may never be transferred, sold, conveyed, redeemed or otherwise used in any way. The Pinelands Development Credit Bank shall record the retirement of these Pinelands Development Credits in the registry maintained pursuant to N.J.A.C. 3:42-4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 5 - MINIMUM STANDARDS FOR LAND USES AND INTENSITIES › Part V - SPECIAL PINELANDS DEVELOPMENT CREDIT PURCHASE PROGRAM › Section 7:50-5.56 through 7:50-5.60 - Reserved

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