N.J. Admin. Code § 7:7-9.43

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:7-9.43 - Meadowlands District

(a) The Hackensack Meadowlands District is a 19,485-acre area of water, coastal wetlands and associated uplands within the boundaries described in the Hackensack Meadowlands Reclamation and Development Act (13:17-1 et seq.).

(b) A coastal activity or development for which the New Jersey Sports and Exposition Authority requires a zoning certificate shall be consistent with the New Jersey Meadowlands Master Plan, as evidenced by receipt of a zoning certificate from the New Jersey Sports and Exposition Authority.

(c) In addition to (b) above, a coastal activity or development identified at (c)1 through 3 below shall be consistent with the New Jersey Meadowlands Master Plan as evidenced by receipt of a resolution or statement of consistency from the New Jersey Sports and Exposition Authority.

1. Municipal or county projects necessitating the expenditure of any public funds and requiring review and approval through a resolution from the New Jersey Sports and Exposition Authority in accordance with the Hackensack Meadowlands Reclamation and Development Act, N.J.S.A. 13:17-12(b);

2. Municipal projects, located on land owned by a municipality, provided that the following conditions as outlined in the New Jersey Meadowlands Commission District Zoning Regulations, at N.J.A.C. 19:4-3.2(a) 5, are met:

i. The governing body and planning board of the municipality have entered into a memorandum of understanding with the New Jersey Sports and Exposition Authority (formerly the New Jersey Meadowlands Commission), and remain in compliance with the memorandum of understanding, agreeing that municipal projects shall comply with applicable New Jersey Meadowlands Commission District Zoning Regulations and that review of the project by the municipality shall utilize New Jersey Sports and Exposition Authority standards;

ii. The municipal project has been reviewed by the planning board of the municipality, which has certified to the New Jersey Sports and Exposition Authority, or its predecessor, the New Jersey Meadowlands Commission, that the project is in compliance with all applicable New Jersey Meadowlands Commission District Zoning Regulations; and

iii. A complete copy of the plans for the municipal project, and a certification of the planning board, have been sent to the New Jersey Sports and Exposition Authority, or its predecessor, the New Jersey Meadowlands Commission, for review, and the New Jersey Sports and Exposition Authority, or its predecessor, the New Jersey Meadowlands Commission, has not notified the municipality within 45 days of the receipt thereof of any objection to the project; and

3. Developments and improvements proposed or sponsored by the New Jersey Sports and Exposition Authority, in accordance with New Jersey Meadowlands Commission District Zoning Regulations at N.J.A.C. 19:4-3.2(a)3.

(d) If a coastal activity or development, including any coastal activity or development identified at (b) or (c) above, is located in a tidal waterway or in any lands lying thereunder, up to and including the mean high water line, the coastal activity or development shall comply with all applicable rules in this chapter.

(e) Any coastal activity or development not identified at (b) or (c) above shall comply with all applicable rules in this chapter.

(f) Coastal activities under the jurisdiction of the New Jersey Sports and Exposition Authority shall not require a Freshwater Wetlands permit, or be subject to transition area requirements of the Freshwater Wetlands Protection Act, except that discharge of dredged or fill materials may require a permit issued under the provisions of Section 404 of the Federal Water Pollution Control Act of 1972 as amended by the Federal Clean Water Act of 1977, or under an individual or general permit program administered by the State under the provisions of the Federal Act and applicable State laws.

(g) The Department's Division of Land Use Regulation and New Jersey Sports and Exposition Authority (formerly the New Jersey Meadowlands Commission) will coordinate the review of proposed developments and activities within the Meadowlands District through the process outlined in the November 9, 2005, Memorandum of Agreement between the two agencies and any subsequent amendments to that agreement. A copy of the Memorandum of Agreement may be obtained from the Department's Division of Land Use Regulation at the address or telephone number set forth at N.J.A.C. 7:7-1.6.

(h) Rationale: The New Jersey Sports and Exposition Authority is the lead planning and management agency within this special area. Under the Federal Coastal Zone Management Act (16 U.S.C. § 1450), the New Jersey Meadowlands Commission Master Plan is adopted as part of New Jersey's Coastal Management Program. The Meadowlands District is identified by New Jersey's Coastal Management Program as a Geographic Area of Particular Concern pursuant to 16 U.S.C. § 1455 (see "New Jersey Coastal Management Program and Final Environmental Impact Statement," August 1980, page 263).

In 2004, the New Jersey Meadowlands Commission (now part of the New Jersey Sports and Exposition Authority) adopted a revised Master Plan for the District. The Master Plan is the primary planning document for the New Jersey Meadowlands Commission. It presents a cohesive set of planning principles and standards adopted by the New Jersey Meadowlands Commission to guide future development while protecting the resources of the District. The policies and principles of the Master Plan are effectuated through the New Jersey Meadowlands Commission District Zoning Regulations, N.J.A.C. 19:4.

N.J. Admin. Code § 7:7-9.43

Renumbered from 7:7E-3.45 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018