N.J. Admin. Code § 7:50-5.27

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

Section 7:50-5.27 - Minimum standards governing the distribution and intensity of development and land use in Pinelands Villages and Towns

(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.

(b) No residential dwelling unit or nonresidential use shall be located on a parcel of less than one acre unless served by either:

1. A centralized waste water treatment plant;

2. For residential development, a community on-site waste water treatment system serving two or more dwelling units that meets the standards of N.J.A.C. 7:50-684(a)5 or 10.21 through 10.23, provided that the overall residential density on the parcel does not exceed one dwelling unit per acre; or

3. For nonresidential development, an individual on-site septic waste water treatment system that meets the standards at N.J.A.C. 7:50-6.84(a)5.

(c) Any local approval, including variances, which grants relief from density or lot area requirements for a residential or principal non-residential use shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that otherwise permitted, unless a Waiver of Strict Compliance for the dwelling unit or lot has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part V. The requirement for use of Pinelands Development Credits shall not apply to use variances which authorize development on lots which conform to the area requirements for principal uses normally permitted in the zone.

N.J. Admin. Code § 7:50-5.27

Amended by R.1992 d.91, effective 3/2/1992.
See: 23 New Jersey Register 2458(b), 24 New Jersey Register 832(b).
New (c) added.
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 New Jersey Register 3878(a), 28 New Jersey Register 2596(a).
In (a) added provisions for waste management facilities and prohibited hazardous waste facilities, landfills and incinerators.
Administrative correction.
See: 28 New Jersey Register 4479(a).
Amended by R.2002 d.247, effective 8/5/2002.
See: 34 New Jersey Register 722(a), 34 New Jersey Register 2804(b).
Rewrote (b).
Amended by R.2006 d.159, effective 5/1/2006.
See: 37 N.J.R. 4133(a), 38 N.J.R. 1829(b).
Rewrote (c).

Amended by 52 N.J.R. 2177(a), effective 12/21/2020