N.J. Admin. Code § 7:50-4.64

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:50-4.64 - Standards for establishing compelling public need

(a) An applicant shall be deemed to have established compelling public need if the applicant demonstrates based on specific facts and the Pinelands Commission verifies that one of the following conditions exist:

1. The proposed development will serve an essential health or safety need of the municipality or, in the case of an application serving more than one Pinelands municipality, the county in which the proposed development is located, and:

i. The public health and safety require the requested waiver;

ii. The public benefits from the proposed use are of a character that override the importance of the protection of the Pinelands as established in the Pinelands Protection Act or the Federal Act;

iii. The proposed use is required to serve existing needs of the residents of the Pinelands; and

iv. No feasible alternatives exist outside the Pinelands Area to meet the established public need and that no better alternatives exist within the Pinelands Area; or

2. The proposed development constitutes an adaptive reuse of a historic resource designated pursuant to N.J.A.C. 7:50-6.154, and:

i. The reuse is the minimum relief necessary to ensure the integrity and continued protection of the designated historic resource; and

ii. The designated historic resource's integrity and continued protection cannot be maintained without the granting of a Waiver of Strict Compliance.

(b) The applicant shall also demonstrate either that the development of the parcel will not violate any of the criteria contained in N.J.A.C. 7:50-4.65(b) or that if one or more of the criteria are violated that the development meets the requirements of N.J.A.C. 7:50-4.65(c).

N.J. Admin. Code § 7:50-4.64

New Rule, R.1992 d.91, effective 3/2/1992.
See: 23 New Jersey Register 2458(b), 24 New Jersey Register 832(b).
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.1995 d.449, effective 8/21/1995.
See: 27 New Jersey Register 1557(a), 27 New Jersey Register 1927(a), 27 New Jersey Register 3158(a).