reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part I - UNIFORM PROCEDURES › Section 7:50-4.3 - Commission hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicability: The procedures set out in this section shall be applicable, except to the extent that they are specifically modified by other provisions of this Plan with respect to particular subject matters, to all public hearings held pursuant to this Plan.
(b) Notice of public hearing.
1. Content: All notices of public hearings shall include:
i. The time and place of hearing;
ii. The authority pursuant to which the hearing is held;
iii. The name and address of the applicant;
iv. A brief description of the subject matter to be considered at the hearing;
v. A statement that the application and supporting materials are available for public inspection and copying at the principal offices of the Commission; and
vi. A statement that any person may at such public hearing speak or submit a written statement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part I - UNIFORM PROCEDURES › Section 7:50-4.4 - Waiver of time limits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By agreement: Any time limit imposed by statute or by any subchapter of this Plan on the processing of any application may be waived or extended by agreement of the Executive Director and the applicant.
(b) Automatic waiver: Any applicant who requests a continuance of any hearing at which his application is being considered, or who requests any extension of any time limit imposed by statute or this Plan, shall be deemed to have waived the applicability of that time limit.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part I - UNIFORM PROCEDURES › Section 7:50-4.5 - Emergency provision

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any other provisions of this subchapter, in any case where the Executive Director determines that immediate action pursuant to this plan is necessary to remedy or prevent a condition that is dangerous to life, health or safety, the Executive Director may, after consultation with the Commission Chairman, pursuant to such a finding, perform whatever action is minimally necessary to remedy or prevent the danger to life, health or safety. The Executive Director shall inform the Commission of any action taken pursuant to this provision at its next regularly scheduled meeting. Should action by the Commission be necessary, the Commission may take such action as it deems appropriate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.11 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This Part establishes the procedures and standards for development review in a jurisdiction which has not received certification of its master plan and land use ordinances. No development in such jurisdictions shall be carried out unless the Commission determines that the proposed development is in conformance with the minimum standards of this Plan, including adequate consideration of on-site and off-site engineering, planning and design elements, so as to preserve and maximize the benefits to the wide diversity of rare, threatened and endangered plant and animal species and the many significant and unique natural, ecological, agricultural, scenic and recreational resources found in the Pinelands Area. In particular, it is the purpose of this Part to ensure that all development which is not regulated by certified local master plans and land use ordinances is located, planned, designed, laid out, constructed and serviced in conformance 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 II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.12 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this Part shall be applicable to all development in any portion of the Pinelands Area located in any municipality where the master plan or land use ordinances have not been fully certified by the Commission and in any previously certified municipality whose certification has been revoked or suspended by the Commission pursuant to Part VI of subchapter 3 or which has failed to have any necessary changes to its master plan and land use ordinances certified by the Commission within one year after the effective date of any amendment to this Plan, except for those activities specifically excepted in 7:50-4.1.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.13 - Compliance with this part required for development in uncertified areas

Current through Register Vol. 56, No. 14, July 15, 2024
Subject to the provisions of 7:50-4.12, no person shall carry out any development in any portion of the Pinelands Area located within the jurisdiction of a municipality with an uncertified master plan or land use ordinance without first complying with all applicable procedures set out in this Part. Any decision made pursuant to this Part shall supersede any local decision. All development shall adhere to the terms of any decision made pursuant to this Part. No local decision shall impose any requirements which in any way contravenes any standard contained in this Plan. No decision by an uncertified county or any agency thereof shall in any way contravene any standard contained in a certified municipal land use ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.14 - Application for development approval in uncertified municipalities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An application for development in uncertified municipalities shall be submitted to the Commission in accordance with the requirements of 7:50-4.2(b).
(b) In addition to the requirements of 7:50-4.2(b), an applicant for major development, as defined in 7:50-2.11 of this Plan, which will be located on a specific parcel, shall provide notice of the application for development 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; or
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.15 - 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 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 issue a Certificate of Completeness stating whether the application should be approved, approved with conditions, or disapproved. The application may be approved or approved with conditions only if the development as proposed, or subject to any conditions which may be imposed, conforms to each of the minimum standards for development approval established by
N.J.A.C. 7:50-4.16
. The Executive Director may propose in said Certificate of Completeness any reasonable condition that he or she finds is necessary to achieve the objectives of this Plan. The Executive Director shall provide a copy of the Certificate of Completeness 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 that 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 II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.16 - Standards for uncertified areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No local approval may be granted by an uncertified municipality and no approval may be granted pursuant to this Part unless the proposed development:
1. Satisfies all of the criteria and standards established in N.J.A.C. 7:50-5 and 6 of this Plan, provided, however, that the optional land uses contained in N.J.A.C. 7:50-5 shall be permitted, that 7:50-5.28(a)  shall not apply to exclusive non-residential uses, and that in N.J.A.C. 7:50-6 only the optional elements of 7:50-6.144 shall be mandatory for any jurisdiction which is uncertified; and
2. Is otherwise consistent with the objectives of the Federal Act, the Pinelands Protection Act and this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.17 - Certificate of Completeness required for determination of completeness and action

Current through Register Vol. 56, No. 14, July 15, 2024
No local permitting agency shall determine that any application for development is complete or take any action on any application for development unless the application is accompanied by a Certificate of Completeness issued pursuant to 7:50-4.15.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.18 - Report requirements of local permitting agency with respect to applications for development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General requirement: Every local permitting agency shall give notice to the Pinelands Commission, as hereinafter specified, of the filing of, and of any changes to, and of any hearings and meetings concerning, and of the disposition of every application for development filed with it. Failure to provide said notices shall void any local decision for which such notices were not provided.
(b) Notice of application: Within seven days following a determination of completeness of an application for development, or any change to any application for development which was previously filed, notice of such application shall be given by the local agency, in writing, to the Commission. The notice shall be in such form as the Executive Director shall from time to time specify; but each such notice shall contain at least 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 application number of the Certificate of Completeness issued by the Executive Director and the date on which it was issued;
5. The date on which the application, or change thereto, was filed and any application or other identifying number assigned to such application by the local permitting agency;
6. The local permitting agency with which the application or change thereto was filed;
7. The content of any change made to any such application since it was filed with the Commission; and
8. The nature of the local approval or approvals being sought.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.20 - Decision on review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If no hearing is requested pursuant to
N.J.A.C. 7:50-4.19(b)
, the Executive Director shall, within 60 days after the time to request an appeal has expired, review the application, all other information in the file, the Certificate of Completeness, and the local approval and determine whether the preliminary approval is in conformance with the minimum standards of this Plan. The Executive Director may recommend the Commission approve the preliminary approval, approve the preliminary approval with conditions or disapprove the preliminary approval. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, 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 that has registered under
N.J.A.C. 7:50-4.3(b)
2i(2).
(b) Review by the Commission: If a hearing is requested pursuant to 7:50-4.19(b), the Commission shall, upon receipt of the initial decision of the Administrative Law Judge, review the initial decision, the application, and the record of the hearing only, and approve, approve with conditions, or disapprove the preliminary approval. If no hearing is requested pursuant to 7:50-4.19(b), the Commission shall, after receipt of the Executive Director's recommendation, review said recommendation, the application, other material in the file, the Certificate of Completeness and the local approval only and approve, approve with conditions or disapprove the preliminary approval.
(c) Standards: Preliminary approvals shall be approved or approved with conditions only if the Commission determines that the development as proposed or with any conditions which are imposed, conforms with the minimum standards established in 7:50-4.16.
(d) Effect of the determination:
1. If the Commission disapproves any preliminary approval of an application for development, the local permitting agency shall within 30 days revoke such preliminary approval, and, thereafter, deny such application.
2. If the Commission approves a preliminary approval subject to conditions, the local permitting agency shall, within 30 days, modify its preliminary approval to include all conditions imposed by the Commission, and shall grant final approval only if the application for final approval demonstrates that such conditions have been or will be met by the applicant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.21 - Notice of changes made subsequent to local preliminary approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each local permitting agency shall give notice to the Commission of any design, engineering or other changes made to any application for development by an applicant subsequent to any local preliminary approval reported to the Commission pursuant to 7:50-4.18(d), including changes made in response to conditions imposed by the Commission pursuant to 7:50-4.20, to the Executive Director, within five days of receipt of such changes. Such notice shall be in such form as the Executive Director shall from time to time specify but shall contain at least 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. The application number of the Certificate of Completeness issued by the Executive Director and the date on which it was issued;
4. Copies of any amended application, site or subdivision plans, plats and other documents reflecting such changes; and
5. A brief description of the nature of such changes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.23 - Public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
If the Executive Director determines that the approval should be reviewed by the Commission, he or she shall, within 45 days following receipt of a completed notice of final determination given pursuant to
N.J.A.C. 7:50-4.18(e)
, conduct a public hearing to be held pursuant to the procedures set out in
N.J.A.C. 7:50-4.3
of this Plan. The applicant shall have the burden of going forward and the burden of proof at the public hearing. Following conclusion of the public hearing, the Executive Director shall review the record of the public hearing and issue a report on the public hearing to the Commission. The Executive Director may recommend that the Commission approve the application, approve the application with conditions or disapprove the application. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, 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 that has registered under
N.J.A.C. 7:50-4.3(b)
2i(2). However, an applicant may, at his or her option, waive all time limits for review imposed by the Pinelands Protection Act or this Plan and request that the hearing be held by an Administrative Law Judge pursuant to the procedures established in
N.J.A.C. 7:50-4.91
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.24 - Decision on review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Determination by Commission: If a hearing is held pursuant to 7:50-4.3, the Commission shall, within 45 days following the notice given pursuant to 7:50-4.22(b), review the record of the hearing and the Executive Director's report only and make a determination as to whether the proposed development should be approved, approved with conditions or disapproved. If a hearing is held before an Administrative Law Judge pursuant to 7:50-4.91, the Commission shall within 45 days of receipt of the initial decision of the Administrative Law Judge, review the initial decision, the record of the hearing and the application only and approve, approve with conditions or disapprove the proposed development.
(b) Standards: The development shall be approved or approved with conditions only if the Commission determines that the development as proposed, or with any conditions which are imposed, conforms with the minimum standards established in 7:50-4.16.
(c) Effect of the Commission's decision.
1. If the Commission disapproves the final local approval of any such application, the local permitting agency shall within 30 days revoke such approval and, thereafter, deny final approval of such application.
2. If the Commission approves the local permitting agency's approval of any such application subject to conditions, the local permitting agency shall within 30 days modify its approval to include all conditions imposed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.25 - Commission review following local denial

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Decision to review local denial: Upon receipt of a notice of a local denial given pursuant to 7:50-4.18(e), the Executive Director shall review the application for development, all other information in the file, the Certificate of Completeness and the local action and determine whether the local action conforms to the requirements of this Plan. If the Executive Director determines that the proposed development may conform to the minimum standards set forth in 7:50-4.16 and that the local denial may be contrary to the standards of the Plan, he shall initiate the review procedures set forth in this section. If the Executive Director determines that the proposed development does not conform to the minimum standards set forth in 7:50-4.16 or that the local denial is based on matters not regulated by the Plan and is not contrary to any such standards, the local denial will not be reviewed by the Commission.
(b) Notice of decision and hearing: Within 30 days following receipt of a notice of a denial containing all the information specified in
N.J.A.C. 7:50-4.18(e)
the Executive Director shall give notice of his or her determination by mail to the applicant, the local permitting agency that denied the applicant, 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). If the Executive Director determines that the denial should be reviewed by the Commission, the notice shall be sent by mail to the applicant and the local agency that granted the approval. The notice shall indicate that the applicant, the local permitting agency, or any interested person may, within 21 days of mailing of such notice, request that a hearing be held before an Administrative Law Judge pursuant to the procedures established by
N.J.A.C. 7:50-4.91
for the purpose of reviewing the denial.
(c) If the Executive Director determines that a denial shall be reviewed by the Commission and a hearing before an Administrative Law Judge has been requested pursuant to (b) above, he or she shall notify all persons who individually submitted information on the application to the Commission, all persons who have requested a copy of the Commission's decision and any person, organization, or agency that 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 II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.26 - Decision on review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If no hearing is requested pursuant to
N.J.A.C. 7:50-4.25(b)
, the Executive Director shall, within 60 days after the time to request an appeal has expired, review the application and all other information in the file, the Certificate of Completeness and the local denial and determine whether the denial is in conformance with the minimum standards of this Plan. The Executive Director may recommend the Commission approve the application, approve the application with conditions, disapprove the application, or allow the local denial to stand. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, 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 that has registered under
N.J.A.C. 7:50-4.3(b)
2i(2).
(b) Review by the Commission: If a hearing is requested pursuant to 7:50-4.25(b), the Commission shall, upon receipt of the initial decision of the Administrative Law Judge, review the initial decision, the application, and the record of the hearing only, and approve, approve with conditions, or disapprove the proposed development or let the local denial stand. If no hearing is requested pursuant to 7:50-4.25(b), the Commission shall after receipt of the Executive Director's recommendation, review said recommendation, the application, the Certificate of Completeness, other material in the file and the local denial only, and approve, approve with conditions or disapprove the proposed development or allow the local denial to stand.
(c) Standards: The development shall be approved or approved with conditions only if the Commission determines that the development as proposed, or with any conditions which are imposed, conforms with the minimum standards established in 7:50-4.16 and that the local denial is based on matters regulated by the Plan.
(d) Effect of the determination:
1. If the Commission approves an application which received a local denial, the local permitting agency shall revoke the denial, and, thereafter, approve of such application within 30 days.
2. If the Commission approves, subject to conditions, an application which received a local denial, the local permitting agency shall, within 30 days, revoke its denial and grant approval subject to the conditions imposed by the Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.27 - Effect of Pinelands Development Approval

Current through Register Vol. 56, No. 14, July 15, 2024
A Pinelands Development Approval issued pursuant to the provisions of this Part in effect prior to July 15, 1985 shall have the same effect as a Certificate of Completeness issued pursuant to 7:50-4.15 unless the applicant received a valid local approval prior to July 15, 1985. If such a valid local approval was granted, the Pinelands Development Approval shall continue to have the same force and effect as if this Part had not been amended effective July 15, 1985.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part II - DEVELOPMENT IN AREAS WITHOUT CERTIFIED LOCAL PLANS › Section 7:50-4.28 through 7:50-4.30 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.31 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It is the purpose of this Part to establish procedures and standards to govern Commission review of municipal or county approval of applications for development in certified municipalities in the Pinelands Area, to ensure that development will occur only to the extent that it is consistent with the objectives of this Plan, and to ensure that adequate consideration will be given to critical on-site and off-site engineering, planning and design elements so as to preserve and maximize the benefits to the wide diversity of rare, threatened and endangered plant and animal species and the many significant and unique natural, ecological, agricultural, scenic, archaeological, historic, cultural and recreational resources found in the Pinelands Area. In particular, it is the purpose of this Part to ensure that all development approved by local permitting agencies is located, planned, designed, laid out, constructed and serviced in accordance with the standards set forth in N.J.A.C. 7:50-5 and 6 and the objectives of this Plan.
(b) The procedures established in this Part provide for Commission review of all permits issued by local permitting agencies in certified municipalities except for activities specifically exempted by the Pinelands Protection Act or this Plan. Except where municipal review is pre-empted by State or Federal laws or regulations, municipal review and approval or denial shall occur for all development in the Pinelands Area. If development is proposed, but a permit from a local permitting agency is pre-empted by State or Federal laws or regulations, the provisions of Part VII of this subchapter shall apply. The standards of this Part are minimum standards to be met by all development in the Pinelands Area and are designed to assure that all such development will be adequately planned, designed and served to protect the unique environment of the Pinelands Area.
(c) In order to alert landowners at an early stage to any issues raised by a proposed development in regard to the conformance of the development with the minimum standards of this Plan, this Part also provides for Commission staff participation during the local permitting agency proceedings, as well as providing for Commission review of preliminary local approvals of applications for development.
(d) The provisions of this Part may be modified through the implementation of alternative local permitting programs as provided in 7:50-3.81 through 3.85.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.32 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this Part shall be applicable to development of land located within a certified municipality, except for those activities specifically excepted in 7:50-4.1. Unless otherwise provided through an alternative municipal permitting program which is implemented pursuant to 7:50-3.81 through 3.85, no person shall carry out any development in any portion of the Pinelands Area located within the jurisdiction of a municipality with a certified plan and land use ordinances without first complying with all applicable procedures set forth in this Part and the provisions of said certified ordinances. Any decision made pursuant to this Part shall supersede any local decision. No local decision shall impose any requirements which in any way contravene any standard contained in this Plan or the applicable certified land use ordinance.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.33 - Applicant to submit copies of local applications to Commission

Current through Register Vol. 56, No. 14, July 15, 2024
Prior to filing any application for development of land in the Pinelands Area with any local permitting agency, the applicant shall complete an application with the Commission in accordance with the requirements of 7:50-4.2(b).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.34 - Certificate of Filing; required for determination of completeness

Current through Register Vol. 56, No. 14, July 15, 2024
Upon determining that an application is complete, the Executive Director shall issue a Certificate of Filing. No local permitting agency shall determine that any application for development is complete unless it is accompanied by a Certificate of Filing issued pursuant to this section. Such certificate may identify any inconsistencies of the proposed development with the standards of this Plan or the local certified land use ordinances and may indicate that if such inconsistencies are not resolved by a local approval, that local approval will be subject to review by the Pinelands Commission pursuant to 7:50-4.37 and 4.40. Any such information contained in the Certificate of Filing is for the guidance of the applicant and local permitting agency only. Such information in no way shall be considered a final determination by either the Executive Director or the Pinelands Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.35 - Report requirements of local permitting agency with respect to applications for development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) General requirement: Every local permitting agency shall give notice to the Commission, as hereinafter specified, of the filing of, and changes to, any application for development and of hearings and meetings concerning the filing and disposition of every application for development filed with it.
(b) Notice of application: Within seven days following a determination of completeness of an application for development, or any change to any application for development which was previously filed, notice of such application shall be given by the local agency, by mail, to the Commission. The notice shall be in such form as the Executive Director shall from time to time specify; but each such notice shall contain at least 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 application number of the Certificate of Filing or Notice of Filing issued by the Executive Director and the date on which it was issued;
5. The date on which the application, or change thereto, was filed and any application or other identifying number assigned to such application by the local permitting agency;
6. The local permitting agency with which the application or change thereto was filed;
7. The content of any change made to any such application since it was filed with the Commission including a copy of any revised plan or reports; and
8. The nature of the local approval or approvals being sought.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.36 - Commission staff participation in local review process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Determination of degree of participation: Upon receipt of an application filed pursuant to 7:50-4.33 or any notice given pursuant to 7:50-4.35(b) or (c), the Executive Director may at his discretion, after reviewing the application for development, determine that, by reason of the nature of the development proposal, the site involved or any other factor, the Commission staff should participate in the local permitting process. The participation of the Commission staff may include, but is not limited to:
1. Submitting, in writing, either within the Certificate of Filing or Notice of Filing or in a separate document, an analysis of any concerns and opinions the Commission staff has with respect to the conformance of the proposed development with the minimum standards of this Plan, including a list of any conditions which it determines should be imposed in the event that a permit is granted; or
2. Submitting written evidence with respect to the satisfaction, by the proposed development, of any applicable standards for development contained in this Plan.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.38 - Decision on review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Determination by Executive Director: If no hearing is requested by the applicant, the local permitting agency or any Page 130 50 N.J.R. 969(a) interested person pursuant to N.J.A.C. 7:50-4.37(b), the Executive Director shall, within 60 days after the time to request a hearing has expired, review the application, all other information in the file including any staff reports and the local approval and determine whether the preliminary approval is in conformance with the minimum standards of this Plan and the provisions of the relevant certified local ordinance. The Executive Director may recommend the Commission approve the preliminary approval, approve the preliminary approval with conditions, or disapprove the preliminary approval. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local approving agency, 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 that has registered under N.J.A.C. 7:50-4.3(b)2 i(2).
(b) Review by the Commission: If a hearing is requested pursuant to 7:50-4.37(b), the Commission shall, upon receipt of the findings of fact and recommendations of the Administrative Law Judge, review such findings and recommendation, the application, the file and the record of the hearing only, and approve, approve with conditions or disapprove the preliminary approval. If no hearing is requested pursuant to 7:50-4.37(b), the Commission shall, after receipt of the Executive Director's recommendation, review said recommendation, the application, other material in the file including any staff reports and the local approval only and approve, approve with conditions or disapprove the preliminary approval.
(c) Standards: Preliminary approvals shall be approved or approved with conditions only if the Commission determines that the development as proposed, or with any conditions which are imposed, conforms to the minimum standards established by 7:50-4.16 and the provisions of the relevant certified local ordinance.
(d) Effect of determination.
1. If the Commission disapproves any preliminary approval of an application for development, the local permitting agency shall, within 30 days, revoke such preliminary approval and, thereafter, deny such application.
2. If the Commission approved a preliminary approval subject to conditions, the local permitting agency shall, within 30 days, modify its preliminary approval to include all conditions imposed by the Commission, and shall grant final approval only if the application for final approval demonstrates that such conditions have been or will be met by the applicant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.39 - Notice of changes made subsequent to local preliminary approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each local permitting agency shall give notice to the Commission of any design, engineering or other changes made to any application for development by an applicant subsequent to any local preliminary approval reported to the Commission pursuant to 7:50-4.35(d), including changes made in response to conditions imposed by the Commission pursuant to 7:50-4.38, to the Executive Director, by mail, within five days of receipt of such changes. Such notice shall be in such form as the Executive Director shall from time to time specify but shall contain at least 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. The application number of the Certificate of Filing or Notice of Filing issued by the Executive Director and the date on which it was issued;
4. Copies of any amended application, site plans, plats or other documents reflecting such changes; and
5. A brief description of the nature of such changes.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.41 - Public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
If the Executive Director determines that the approval should be reviewed by the Commission, he or she shall, within 45 days following receipt of a completed notice of final determination given pursuant to
N.J.A.C. 7:50-4.35(c)
, conduct a public hearing to be held pursuant to the procedures set out in
N.J.A.C. 7:50-4.3
. The applicant shall have the burden of going forward and the burden of proof at the public hearing. Applications from applicants who do not provide notice for any hearing and do not make a timely request for adjournment shall be recommended for denial. For applicants who do not appear at more than one scheduled public hearing, the Executive Director may determine that no further adjournment of the public hearing will be provided. Following conclusion of the public hearing, the Executive Director shall review the record of the public hearing and issue a report on the public hearing to the Commission. The Executive Director may recommend that the Commission approve the application, approve the application with conditions, or disapprove the application. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, 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 that has registered under
N.J.A.C. 7:50-4.3(b)
2i(2). However, an applicant may, at his or her option, waive all time limits for review imposed by the Pinelands Protection Act or this Plan and request that the hearing be held by an Administrative Law Judge pursuant to the procedures established in
N.J.A.C. 7:50-4.91
.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.42 - Decision on review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Determination by Commission: If a hearing is held pursuant to 7:50-4.3, the Commission shall, within 45 days following the notice given pursuant to 7:50-4.40(b)  unless extended pursuant to 7:50-4.4, review the record of the hearing and the Executive Director's report only and make a determination as to whether the proposed development should be approved, approved with conditions or disapproved. If a hearing is held before an Administrative Law Judge pursuant to 7:50-4.91, the Commission shall, within 45 days of receipt of the initial decision of the Administrative Law Judge, review the initial decision, the record of the hearing and the application only and approve, approve with conditions or disapprove the proposed development. If no hearing is held because of the failure of the applicant to appear, the Commission shall, within 45 days following the notice given pursuant to 7:50-4.40(b)  unless extended pursuant to 7:50-4.4, review the Executive Director's recommendation, the application, other material in the file including any staff reports and the local approval only and approve, approve with conditions or disapprove the proposed development. If no hearing is held because of the failure of the applicant to provide notice, the Commission shall deny the proposed development without prejudice.
(b) Standards: The permit shall be approved or approved with conditions only if the Commission determines that the development as proposed, or with any conditions which are imposed, conforms with the minimum standards established in 7:50-4.16 and the provisions of the relevant certified local ordinance.
(c) Effect of the Commission's decision:
1. If the Commission disapproves the final local approval of any such application, the local permitting agency shall revoke such approval and, thereafter, within 30 days, deny final approval of such application.
2. If the Commission approves the local permitting agency's approval of any such application, subject to conditions, the local permitting agency shall, within 30 days, modify its approval to include all conditions imposed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN › Subchapter 4 - DEVELOPMENT REVIEW › Part III - REVIEW OF LOCAL PERMITS IN CERTIFIED MUNICIPALITIES › Section 7:50-4.43 through 7:50-4.50 - 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 4 - DEVELOPMENT REVIEW › Part IV - PUBLIC DEVELOPMENT › Section 7:50-4.51 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This Part establishes procedures and standards designed to assure that public development in the Pinelands Area is in conformance with the goals and provisions of this Plan.