N.J. Admin. Code § 7:50-5.24

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:50-5.24 - Minimum standards governing the distribution and intensity of development and land use in Agricultural Production Areas

(a) The following uses shall be permitted in an Agricultural Production Area:

1. Residential dwelling units in accordance with the cultural housing provisions of N.J.A.C. 7:50-5.32.

2. Residential dwelling units not to exceed a gross density of one unit per 10 acres provided that:

i. The dwelling is accessory to an active agricultural operation;

ii. The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation;

iii. The dwelling is located on a lot which is under or qualified for agricultural assessment;

iv. The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area;

v. A residential lot has not been subdivided from the property within the previous five years unless the lot has been subdivided pursuant to N.J.A.C. 7:50-5.32; and

vi. No more than one lot may be created for a dwelling accessory to an active agricultural operation pursuant to this provision at any one time.

3. Residential dwelling units at a gross density of one unit per 40 acres, provided that:

i. The unit(s) shall be clustered on one acre lots, unless the municipality determines that residential development is not compatible and interferes with the use of the remaining parcel and adjoining lands for agricultural use;

ii. The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and

iii. The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands Development Credits allocated to the parcel.

4. Agriculture.

5. Forestry.

6. Low intensity recreational uses, provided that:

i. The parcel proposed for low intensity recreational use has an area of at least 50 acres;

ii. The recreational use does not involve the use of motorized vehicles except for necessary transportation;

iii. Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;

iv. Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent of the parcel; and

v. No more than one percent of the parcel will be covered with impervious surfaces.

7. Agricultural commercial establishments excluding supermarkets, restaurants and convenience stores, provided that:

i. The principal goods or products available for sale were produced in the Pinelands; and

ii. The sales area of the establishment does not exceed 5,000 square feet.

8. Agricultural products processing facilities.

9. Pinelands Development Credits.

(b) In addition to the uses permitted under (a) above, a municipality may, at its option, permit the following uses in an Agricultural Production Area:

1. Roadside retail sales and service establishments, provided that:

i. The parcel proposed for development has roadway frontage of at least 50 feet;

ii. No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and

iii. The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.

2. Pinelands resource-related industries, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:

i. The parcel proposed for development has an area of at least five acres;

ii. The principal raw material for the proposed use is found or produced in the Pinelands; and

iii. The use does not require or will not generate subsidiary or satellite development in an Agricultural Production Area.

3. Airports and heliports which are accessory to agricultural uses and are used exclusively for the storage, fueling, loading and operation of aircraft as a part of an ongoing agricultural operation.

4. Light industrial uses within an area designated by a municipality in accordance with the following criteria:

i. The area adjoins a publicly owned airport;

ii. The area is predominantly developable under the provisions of subchapter 6; and

iii. The area is limited in size to that which is no greater in size than the airport.

5. Fish and wildlife management and wetlands management.

6. Agricultural employee housing as an element of, and accessory to, an active agricultural operation.

7. Expansion of intensive recreational uses, provided that:

i. The intensive recreational use was in existence on February 7, 1979 and the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

ii. The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

iii. The use is environmentally and aesthetically compatible with the character of the Agricultural Production Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden available public services.

8. The following waste management facilities in accordance with N.J.A.C. 7:50-6, Part VII:

i. Transfer stations, collection facilities and recycling centers located at closed landfills in accordance with N.J.A.C. 7:50-6.76(a);

ii. Petroleum waste collection and transfer facilities in accordance with N.J.A.C. 7:50-6.76(b);

iii. Household hazardous waste collection and transfer facilities in accordance with N.J.A.C. 7:50-6.76(c);

iv. Recycling centers accessory to an existing lawful asphalt or concrete manufacturing facility in accordance with N.J.A.C. 7:50-6.76(d);

v. Vegetative waste landfills in accordance with N.J.A.C. 7:50-6.75(a);

vi. Vegetative waste composting facilities in accordance with N.J.A.C. 7:50-6.77(a);

vii. Composting facilities located at closed landfills in accordance with N.J.A.C. 7:50-6.77(b); and viii. Regulated medical waste facilities accessory to a generator of such waste in accordance with N.J.A.C. 7:50-6.78(b).

9. Public service infrastructure except that centralized waste water treatment and collection facilities shall be permitted to service the Agricultural Production Area only in accordance with N.J.A.C. 7:50-6.84(a) 2. Communication cables not primarily intended to serve the needs of Agricultural Production Areas may be permitted provided that they are installed within existing developed rights of way and are installed underground or are attached to road bridges, where available, for the purpose of crossing water bodies or wetlands.

10. Home occupations.

11. Signs.

12. Accessory Uses.

13. Airport facilities provided:

i. The airport is publicly owned or serves a Pinelands Town; and

ii. The airport was in existence on January 14, 1981; and

iii. The area of the airport is limited in size to that which existed on January 14, 1981; and

iv. The use will not generate subsidiary or satellite development not otherwise permitted in the Forest Area, Preservation Area District, Special Agricultural Production Area or Agricultural Production Area.

14. Local communications facilities, provided that the standards of N.J.A.C. 7:50-5.4(c) are met.

15. Solar energy facilities, provided the standards of N.J.A.C. 7:50-5.36are met.

(c) No residential dwelling unit shall be located on a lot of less than one acre.

(d) Minimum lot areas for non-residential structures shall be determined by application of the standards contained at N.J.A.C. 7:50-6.84(a)4, whether or not the lot is to be served by a centralized waste water treatment or collection facility pursuant to (b)9 above, provided, however, that no such structure shall be located on a parcel of less than one acre. The requirements of this section shall not apply to a nonresidential use to be served by an individual on-site septic waste water treatment system in accordance with N.J.A.C. 7:50-6.84(a)5iii(2).

N.J. Admin. Code § 7:50-5.24

Amended by R.1988 d.405, effective 9/19/1988.
See: 20 N.J.R. 716(a), 20 N.J.R. 2384(a).
Added text to (b)9, "Communications cables not ..."; and added (d).
Amended by R.1990 d.170, effective 3/19/1990.
See: 21 N.J.R. 3381(a), 22 N.J.R. 948(a).
In (a)2v, added subdivision reference; added 2vi and (b)13.
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 N.J.R. 165(a), 26 N.J.R. 4795(a).
Amended by R.1995 d.449, effective 8/21/1995.
See: 27 N.J.R. 1557(a), 27 N.J.R. 1927(a), 27 N.J.R. 3158(a).
Added (b)14.
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 N.J.R. 3878(a), 28 N.J.R. 2596(a).
In (b) substituted waste management facilities for landfills.
Administrative correction.
See: 28 N.J.R. 4479(a).
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
In (a)6v, substituted "impervious" for "impermeable".
Amended by R.2009 d.385, effective 12/21/2009.
See: 41 N.J.R. 2398(a), 41 N.J.R. 4786(a).
In (b)5, inserted "and wetlands management".
Amended by R.2012 d.012, effective 1/3/2012.
See: 43 N.J.R. 928(a), 44 N.J.R. 72(a).
Added (b)15.

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