N.J. Admin. Code § 7:50-5.26

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

Section 7:50-5.26 - Minimum standards governing the distribution and intensity of development and land use in Rural Development Areas

(a) The following uses shall be permitted in a Rural Development Area:

1. Residential cluster development in accordance with the provisions of N.J.A.C. 7:50-5.19. Nonclustered residential development shall also be permitted, provided that:

i. No more than one unit is proposed; or

ii. The standards of N.J.A.C. 7:50-5.19(c) cannot be met; and

2. Residential dwelling units in accordance with the development transfer provisions of N.J.A.C. 7:50-5.30.

(b) In addition to the residential uses permitted under (a) above, a municipality may permit any use which is compatible with the essential character of the Pinelands environment and is similar in character, intensity and impact to the following uses:

1. Agriculture;

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

3. Forestry;

4. Recreational facilities, other than amusement parks;

5. Agricultural products sales establishments;

6. Agricultural processing facilities and other light industrial uses;

7. Roadside retail sales and service establishments;

8. Resource extraction operations;

9. 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 resource extraction operation or asphalt or concrete manufacturing facility in accordance with N.J.A.C. 7:50-6.76(d);

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

vi. Regulated medical waste facilities accessory to a generator of such waste in accordance with N.J.A.C. 7:50-6.78(b).

10. Public service infrastructure except that centralized waste water treatment and collection facilities shall be permitted to service the Rural Development Area only in accordance with N.J.A.C. 7:50-6.84(a)2;

11. Institutional uses;

12. Community commercial uses;

13. Signs;

14. Accessory uses;

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

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

(c) Minimum lot area and density requirements for residential development: No residential dwelling unit shall be located on a lot of less than 3.2 acres, except as provided in N.J.A.C. 7:50-5.19, 5.30, 5.31 and 5.32. The total number of dwelling units authorized by a municipality shall not exceed a density of one dwelling unit for every 3.2 acres of privately owned, undeveloped land which is not defined in this Plan as wetlands, except as provided in N.J.A.C. 7:50-5.19(d)1.

(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)10 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)5 iii(2).

N.J. Admin. Code § 7:50-5.26

Amended by R.1988 d.405, effective 9/19/1988.
See: 20 N.J.R. 716(a), 20 N.J.R. 2384(a).
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)15.
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.
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
Section was "Minimum standards governing the distribution and intensity of land use in Rural Development Areas". Rewrote (a) and (c).
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)14, deleted "and" from the end; in (b)15, substituted "; and" for a period at the end; and added (b)16.

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