N.J. Admin. Code § 7:50-5.25

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

Section 7:50-5.25 - Minimum standards governing the distribution and intensity of development and land use in Special Agricultural Production Areas

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

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

2. Berry agriculture and horticulture of native plants and other agricultural activities compatible with the existing soil and water conditions that support traditional Pinelands berry agriculture;

3. Beekeeping;

4. Forestry;

5. Fish and wildlife management and wetlands management;

6. Pinelands Development Credits.

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

1. Residential dwelling units provided that the dwelling is:

i. Accessory to an active agricultural operation;

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

iii. To be located on a parcel of land of at least 40 acres in size which is under or qualified for agricultural assessment; and

iv. Located on a property 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.

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

3. Public service infrastructure which is necessary to serve only the needs of the Special Agricultural Production Area uses. Centralized waste water treatment and collection facilities shall be permitted to service the Special Agricultural Production Area only in accordance with 7:50-6.84(a)2. Communication cables not primarily intended to serve the needs of Special 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.

4. Home occupations;

5. Accessory uses;

6. Signs;

7. Local communications facilities;

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 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. Composting facilities located at closed landfills in accordance with 7:50-6.77(b); and

v. Regulated medical waste facilities accessory to a generator of such waste in accordance with 7:50-6.78(b); and

9. Solar energy facilities, provided the standards of 7:50-5.36 are met.

(c) No residential dwelling unit shall be located on a lot of less than 3.2 acres, except as provided in 7:50-5.32.

(d) Minimum lot areas for non-residential structures shall be determined by application of the standards contained in 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)3 above, provided, however, that no such structure shall be located on a parcel of less than one acre.

N.J. Admin. Code § 7:50-5.25

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 in (b)3, "Communications cables not ..."; and added (d).
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)7.
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) added waste management facilities.
Amended by R.2009 d.385, effective 12/21/2009.
See: 41 N.J.R. 2398(a), 41 N.J.R. 4786(a).
In (a)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).
In (b)7, deleted "and" from the end; in (b)8v, substituted "; and" for a period at the end; and added (b)9.