N.J. Admin. Code § 7:50-10.14

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:50-10.14 - Authorized Pinelands Management Area adjustments

(a) On July 9, 1999, in accordance with N.J.A.C. 7:50-7, the Commission adopted a set of amendments to this Plan relating to Pinelands management area redesignations which involve public educational facilities. These amendments, codified at N.J.A.C. 7:50-5.33, became effective on September 7, 1999 following approval by the United States Secretary of the Interior. In his letter of approval, the Secretary expressed both substantive and procedural concerns with the amendments and asked the Commission to consider making a number of additional revisions. In response to these concerns, the Commission determined that it would be appropriate to limit the applicability of the amendments until such time as their potential impacts on the resources of the Pinelands could be measured and evaluated. To this end, the standards previously set forth at N.J.A.C. 7:50-5.33 have been repealed and the Township of Tabernacle and Township of Pemberton Public Educational Facilities Pilot Program is hereby authorized as a means to test whether the redesignation of management areas, proposed cooperatively by two Pinelands municipalities for purposes of facilitating the development of a public educational facility, can be accomplished in a manner which furthers the land conservation and protection goals of this chapter.

(b) The Township of Tabernacle and Township of Pemberton Public Educational Facilities Pilot Program shall be considered to have been implemented through the municipalities' adoption and the Commission's certification of Tabernacle Township Ordinance 1999-1 which redesignated Agricultural Production Area and Rural Development Area to a Regional Growth Area and Pemberton Township Ordinance 17-1999 which redesignated Regional Growth Area to an Agricultural Production Area in accordance with the requirements of the now repealed N.J.A.C. 7:50-5.33. These ordinances were certified by the Commission on September 10, 1999 in accordance with N.J.A.C. 7:50-3. Nothing in this Part shall be construed as in any way altering the Commission's certification of those ordinances or to require either Pemberton Township or Tabernacle Township to in any way adopt any amendment, modification or other change to those ordinances. In the event that as a result of any legal challenge to Tabernacle Township Ordinance 1999-1 or Pemberton Township Ordinance 17-1999, either municipality is required to readopt those ordinances and those readopted ordinances require certification by the Commission, those ordinances shall be reviewed by the Commission for consistency with the provisions contained in this subchapter.

(c) In Tabernacle Township, the redesignated area:

1. Was located within an existing Rural Development Area or Agricultural Production Area prior to the redesignation;

2. Was located adjacent to an existing Regional Growth Area and represented a logical extension of that management area;

3. Includes the site on which the public educational facility is to be located and such other land as is minimally necessary to meet the remaining criteria of this subsection;

4. Contains no more than 200 acres of land, of which no more than 100 acres were redesignated for the educational facility; and

5. Is suitable for the uses permitted pursuant to 7:50-10.15, taking into consideration the relevant standards of N.J.A.C. 7:50-6.

(d) In Pemberton Township, the redesignated area:

1. Was located within an existing Regional Growth Area prior to the redesignation;

2. Was located adjacent to an existing Agricultural Production Area and represented a logical extension of that management area;

3. Is of a size at least equal to that of the area which was redesignated pursuant to (c) above;

4. Is of comparable character as that of the area which was redesignated pursuant to (c) above, taking into consideration existing uses, natural features and physical characteristics; and

5. Is suitable for the uses permitted pursuant to 7:50-10.15, taking into consideration the relevant standards of N.J.A.C. 7:50-6.

N.J. Admin. Code § 7:50-10.14

New Rule, R.2000 d.232, effective 6/5/2000.
See: 32 New Jersey Register 151(a), 32 New Jersey Register 2082(a).