N.J. Admin. Code § 7:50-5.28

Current through Register Vol. 56, No. 11, June 3, 2024

Section 7:50-5.28 - Minimum standards governing the distribution and intensity of development and land use in Regional Growth Areas

(a) Any use not otherwise limited pursuant to N.J.A.C. 7:50-6 may be permitted in a Regional Growth Area, provided that:

1. Except as provided in (a)2, 3, 4, 5, 6 and 7 below and Part IV of this subchapter, the total number of dwelling units authorized by a municipality for a Regional Growth Area shall be equal to and not exceed the following density per acre of developable land:

i. In Barnegat Township: 2.0 dwelling units per acre.

ii. In Beachwood Borough: 3.5 dwelling units per acre.

iii. In Berkeley Township: 2.0 dwelling units per acre.

iv. In Berlin Borough: 2.0 dwelling units per acre.

v. In Berlin Township: 2.0 dwelling units per acre.

vi. In Chesilhurst Borough: 1.125 dwelling units per acre.

vii. In Dennis Township: 1.0 dwelling unit per acre.

viii. In Dover Township: 3.5 dwelling units per acre.

ix. In Eagleswood Township: 2.0 dwelling units per acre.

x. In Egg Harbor Township: 3.5 dwelling units per acre.

xi. In Evesham Township: 2.0 dwelling units per acre.

xii. In Galloway Township: 2.5 dwelling units per acre.

xiii. In Hamilton Township: 3.5 dwelling units per acre.

xiv. In Jackson Township: 3.0 dwelling units per acre.

xv. In Lacey Township: 3.5 dwelling units per acre.

xvi. In Little Egg Harbor Township: 3.5 dwelling units per acre.

xvii. In Manchester Township: 3.5 dwelling units per acre.

xviii. In Medford Township: 1.0 dwelling unit per acre.

xix. In Medford Lakes Borough: 3.0 dwelling units per acre.

xx. In Monroe Township: 2.0 dwelling units per acre.

xxi. In Ocean Township: 3.5 dwelling units per acre.

xxii. In Pemberton Township: 2.0 dwelling units per acre.

xxiii. In Shamong Township: 1.0 dwelling unit per acre.

xxiv. In Southampton Township: 1.0 dwelling unit per acre.

xxv. In South Toms River Borough: 3.5 dwelling units per acre.

xxvi. In Stafford Township: 3.5 dwelling units per acre.

xxvii. In Tabernacle Township: 1.0 dwelling unit per acre.

xxviii. In Upper Township: 1.0 dwelling unit per acre.

xxix. In Waterford Township: 2.25 dwelling units per acre.

xxx. In Winslow Township: 1.125 dwelling units per acre.

2. For purposes of this section, developable lands are those privately held, non-wetland lands with a depth to seasonal high water table of greater than five feet. Where sewer systems are available, lands with a depth to seasonal high water table exceeding 1.5 feet shall also be considered developable. Developable land may exclude lands which are zoned exclusively for commercial or industrial use, predominantly developed as such, and which otherwise form a part of a reasonable balance between industrial or commercial zoned property and residential zoned lands.

3. The land use element of a municipal master plan and land use ordinance shall reasonably permit development to occur within a range of densities, provided that the total amount of residential development permitted in (a)1 above is exceeded by at least 50 percent through the use of Pinelands Development Credits; that a reasonable proportion of the density increase permits the development of single family detached residences; and that the residentially zoned districts in which the ranges are established are reasonably expected to be developed within the assigned density ranges.

i. The following guidelines may be used by municipalities in establishing these ranges:

(1) Less than .5 dwelling units per acre;

(2) One-half to one dwelling units per acre;

(3) One to two dwelling units per acre;

(4) Two to three dwelling units per acre;

(5) Three to four dwelling units per acre;

(6) Four to six dwelling units per acre;

(7) Six to nine dwelling units per acre;

(8) Nine to twelve dwelling units per acre; and

(9) Twelve and greater dwelling units per acre.

ii. Municipal master plans or land use ordinances shall provide that development at a density which is greater than the lowest density in each range can be carried out if the increase in density is achieved through a density bonus for use of Pinelands Development Credits.

4. Any local approval, including variances, which grants relief from density or lot area requirements shall require that Pinelands Development Credits be used for all dwelling units or lots in excess of that otherwise permitted, unless a Waiver of Strict Compliance for the dwelling unit or lot has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-4, Part V.

5. Municipal use variances and other municipal approvals which authorize uses in zones where such uses are not permitted shall be subject to the following:

i. Municipal variances or other municipal approvals which authorize residential development in a zone in which residential development is not otherwise permitted or which authorize nonresidential development in a zone in which the approved nonresidential development is not otherwise permitted, and in which permitted residential density may be increased through the use of Pinelands Development Credits pursuant to (a)3ii above, shall be allowed to take effect pursuant to 7:50-4.31 through 4.50, provided the applicant is able to demonstrate that such a variance or approval will not be substantially detrimental to the purpose or character of the zone in which the development would be located or to the land use and development objectives of this Plan by:

(1) Involving, on a parcel of at least 50 acres, the development of more than 50 units or more than two percent of the base units allocated pursuant to (a)1 above by a certified municipal land use ordinance to the Regional Growth Area of the municipality in which the development would be located, whichever is greater;

(2) Eliminating, on a parcel of at least 50 acres, more than 50 base units or more than two percent of the base units allocated pursuant to (a)1 above by a certified municipal land use ordinance to the Regional Growth Area of the municipality in which the development would be located, whichever is greater. In cases where different types of residential development are permitted at different base densities within the same zone, an average of the permitted base densities shall be used to determine whether the applicable base unit threshold would be exceeded;

(3) Exceeding the thresholds established in (a)5i(2) above by impacting surrounding parcels within the Regional Growth Area in such a way as to reduce their potential for residential development; or

(4) Exceeding the thresholds established in (a)5i(2) above when considered together with other use variances or similar approvals issued by the municipality during the preceding two years within the same zone.

ii. If the criteria in (a)5i above are satisfied, the municipal variance or other approval shall be allowed to take effect pursuant to 7:50-4.31 through 4.50, provided the applicant acquires and redeems Pinelands Development Credits as follows:

(1) For those municipal variances or approvals which authorize residential development in a zone in which residential development is not otherwise permitted, Pinelands Development Credits must be acquired and redeemed for 50 percent of the authorized units for parcels under 10 acres in size; for 75 percent of the authorized units for parcels between 10 and 20 acres in size and for 100 percent of the authorized units for parcels over 20 acres in size; and

(2) For those municipal variances or approvals which authorize nonresidential development in a zone in which the approved nonresidential development is not otherwise permitted, and in which density may be increased through the use of Pinelands Development Credits pursuant to (a)3ii above, Pinelands Development Credits must be acquired and redeemed at 50 percent of the maximum rate permitted for Pinelands Development Credit use in the zone which the nonresidential use will be located for parcels under 10 acres in size; at 75 percent of the maximum rate for parcels between 10 and 20 acres in size; and at 100 percent of the maximum rate for parcels over 20 acres in size.

iii. The requirements in (a)5ii above shall not apply to municipal variances or other approvals which authorize the expansion of or changes to existing nonresidential uses in accordance with 7:50-5.2.

6. If the number of Pinelands Development Credits required pursuant to (a)3 through 5 above is not evenly divisible by 0.25, it shall be increased to the next highest increment of 0.25.

7. Nothing in (a) above is intended to prevent a municipality, as part of a certified master plan or land use ordinance, from:

i. Employing additional density bonus or incentive programs, provided that such programs do not interfere with nor otherwise impair in any way the required municipal program for use of Pinelands Development Credits;

ii. Increasing or decreasing by as much as 10 percent the total number of dwelling units assigned pursuant to (a)1 above, provided that the Pinelands Development Credit program requirements set forth in (a)3 above are met relative to the adjusted dwelling unit total and provided further that the adjustment is consistent with land tenure patterns, the character of portions of the regional growth area, the provision of infrastructure and community services, and the natural resource characteristics of the area; or

iii. Decreasing the total number of dwelling units assigned pursuant to (a)1 above to a density of no less that 2.5 units per acre of developable land, provided that:

(1) The municipality's originally assigned density pursuant to (a)1 above is 3.0 units per developable acre or higher;

(2) The Pinelands Development Credit program requirements of (a)3 above are met; and

(3) The municipal governing body describes those ongoing and future efforts, projects and other measures that it will implement, individually or collectively, or recommend to responsible agencies to address the needs identified in (a)7iii(3)(A) through (D) below, provides reasonable schedules for the implementation of the identified efforts, projects and measures, and describes how they will help to support the land development policies reflected in its municipal land use ordinance and foster the provision of real opportunities to achieve the permitted residential densities provided therein:

(A) The municipality's present and future circulation and utility service needs;

(B) The municipality's present and future recreation, conservation and open space needs;

(C) The municipality's present and long-term economic development needs, taking into account existing non-residential land use patterns within the municipality, non-residential zoning policies of its ordinance and the requirements of (a)2 above; and

(D) The municipality's present and future housing and community development needs, taking into account existing land use patterns and housing stock and the value of having a variety of housing types and neighborhoods where retail and service facilities are readily accessible to residences.

8. No hazardous waste facility, landfill or incinerator shall be permitted, except as expressly authorized in 7:50-6.75 or 6.78.

(b) No residential dwelling unit or nonresidential use shall be located on a parcel of less than one acre unless served by either:

1. A centralized waste water treatment plant;

2. For residential development, a community on-site waste water treatment system serving two or more dwelling units that meets the standards of N.J.A.C. 7:50-684(a)5 or 10.21 through 10.23, provided that the overall residential density on the parcel does not exceed one dwelling unit per acre; or

3. For nonresidential development, an individual on-site septic waste water treatment system that meets the standards at N.J.A.C. 7:50-6.84(a)5

N.J. Admin. Code § 7:50-5.28

Amended by R.1990 d.170, effective 3/19/1990.
See: 21 New Jersey Register 3381(a), 22 New Jersey Register 948(a).
In (a)1vi, xxix and xxx, units per acre; deleted xxx(1). Revised (a)3ii, 4 and 5; added new (a)6 and renumbered 6 as 7.
Amended by R.1992 d.91, effective 3/2/1992.
See: 23 New Jersey Register 2458(b), 24 New Jersey Register 832(b).
Language added regarding nonresidential use; term "local" changed to "municipal".
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).
Substituted "municipal variance" for "local variance" in (a)5.
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 New Jersey Register 3878(a), 28 New Jersey Register 2596(a).
In (a) prohibited hazardous waste facilities, landfills and incinerators.
Amended by R.2000 d.272, effective 7/3/2000.
See: 32 New Jersey Register 145(a), 32 New Jersey Register 2435(a).
In (a), rewrote 5 and 6.
Amended by R.2002 d.67, effective 3/4/2002.
See: 33 New Jersey Register 3399(a), 34 New Jersey Register 1024(a).
In (a), added 7iii.
Amended by R.2002 d.247, effective 8/5/2002.
See: 34 New Jersey Register 722(a), 34 New Jersey Register 2804(b).
Rewrote (b).
Amended by R.2006 d.159, effective 5/1/2006.
See: 37 N.J.R. 4133(a), 38 N.J.R. 1829(b).
Rewrote (a)4.

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