N.J. Admin. Code § 7:50-5.11

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:50-5.11 - Purpose

(a) In order to ensure that the development and use of land in the Pinelands meet the minimum standards of this Plan, the Pinelands Commission hereby finds that it is necessary to establish eight management areas governing the general distribution of land uses and intensities in the Pinelands. Except for Special Agricultural Production Areas and the Pinelands Villages, the boundaries of the Management areas are set forth on the Land Capability Map identified in 7:50-5.3. Special Agricultural Production Areas and additional Agricultural Production Areas may be created as an element of a municipal master plan or land use ordinance under the provisions of 7:50-5.14 and 5.15. The boundaries of Pinelands Villages shall be delineated in accordance with the criteria in 7:50-5.16. The boundaries of the management areas may be refined and/or adjusted through the Commission's certification of municipal master plans and land use ordinances pursuant to N.J.A.C. 7:50-3, provided that the Commission determines that the goals and objectives this Plan will be implemented by the proposed municipal master plan or land use ordinance under the municipal plan certification procedures of N.J.A.C. 7:50-3.

(b) The following shall be used by the Commission as guidelines in determining whether a proposed management area change is more appropriate to consider through the Plan amendment procedures of N.J.A.C. 7:50-7 rather than through the certification procedures of N.J.A.C. 7:50-3 and shall be given proper consideration by the Commission when evaluating the need for an amendment to this Plan:

1. A free standing management area is to be created, unless it is an Agricultural Production Area designated by a municipality pursuant to 7:50-5.15 or a Special Agricultural Production Area designated by a municipality pursuant to N.J.A.C. 7:50-5.14;

2. A Pinelands Village is to be created that is not otherwise listed in 7:50-5.13(f)1;

3. A single management area change would:

i. Increase development potential for an area which predominantly includes land that:

(1) Is not appropriate for increased development levels because of known environmental limitations or because of the known presence of important natural or cultural resources;

(2) Is permanently protected as open space or included in a defined Pinelands acquisition area; or

(3) Is included in an Agricultural Development Area identified by a county agriculture development board pursuant to N.J.A.C. 2:76; or

ii. Decrease development potential for an area which predominantly includes land that is not appropriate for decreased development levels because of land tenure and use patterns, the community and environmental character of the area, known accessibility to existing or planned infrastructure and community services, or the role of the land in the Pinelands Development Credit program;

4. The management area change(s) would substantially alter the character of a municipality's overall zoning plan for the Pinelands Area as it relates to the standards and objectives of this Plan, considering the size and character of the area(s) proposed for redesignation and the extent to which increases in development potential are balanced by decreases in development potential through offsetting management area changes;

5. The rationale for the management area change(s) represents such a material and significant departure from past Commission practice or policy that it requires an amendment to this Plan pursuant to the Administrative Procedure Act (52:14B-1 et seq.);

6. The rationale for the management area change(s) is not consistent with the goals and objectives for each management area as set forth in N.J.A.C. 7:50-5.13; or

7. A management area change does not meet the certification standards set forth in 7:50-3.39(a).

(c) In order to ensure that special resources and existing uses in the Pinelands are recognized and addressed in an appropriate manner which ensures that the minimum standards of this Plan are met, the Commission hereby finds that it is necessary to establish overlay districts governing such special resources and existing uses. The boundaries of the overlay districts are set forth on the Land Capability Map identified in 7:50-5.3. Lands within these overlay districts retain their Pinelands management area designations. The overlay district designation provides a mechanism for the imposition of more targeted standards governing the distribution and intensity of development within specific geographic portions of the various Pinelands management areas in order to accomplish important land use objectives. The boundaries of the overlay districts may be refined and/or adjusted through the Commission's certification of municipal master plans and land use ordinances pursuant to N.J.A.C. 7:50-3, provided that the Commission determines that the goals and objectives of this Plan will be implemented by the proposed municipal master plan or land use ordinance under the municipal plan certification procedures of N.J.A.C. 7:50-3.

N.J. Admin. Code § 7:50-5.11

Amended by R.2001 d.103, effective 4/2/2001.
See: 32 New Jersey Register 4037(a), 33 New Jersey Register 1095(a).
Designated former text of section as (a) and therein inserted a reference to the Commission's certification and additional references to N.J.A.C. 7:50-3; and added (b).
Amended by R.2006 d.221, effective 6/19/2006.
See: 38 N.J.R. 49(a), 38 N.J.R. 2711(a).
Added (c).