N.J. Admin. Code § 7:50-10.13

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:50-10.13 - Pinelands Commission approval and evaluation

(a) If otherwise appropriate under N.J.A.C. 7:50-3, the Pinelands Commission shall approve the management area changes and zoning provisions if it finds that the standards of 7:50-10.11 and 10.12 are met.

(b) The Executive Director shall review this pilot program three years following the Commission's approval pursuant to (a) above and shall report to the Commission on its implementation. The Executive Director shall determine whether the pilot program is successful in accordance with the following criteria:

1. Each municipality is applying its ordinance in a manner consistent with the standards of 7:50-10.11 and 10.12;

2. Each municipality is accurately informing applicants with proposed development projects within the redesignated area of the requirements of its ordinances which implement the standards of 7:50-10.11 and 10.12;

3. The majority of the amount of development approved within the redesignated area during this period qualifies as planned development or a conditional use in accordance with the provisions of 7:50-10.12(c)1 and 2;

4. Lands have been permanently conserved in accordance with 7:50-10.12(c)3; and

5. The net effect of the pilot program, when viewed in its entirety, is that the resources of the Pinelands have been afforded the same or greater level of protection than would be provided by the standards and requirements set forth in N.J.A.C. 7:50-5 and 6.

(c) If the Executive Director finds that the level of development activity is not adequate to evaluate the pilot program in accordance with (b) above, the Executive Director shall so inform the Pinelands Commission and, upon receiving the Commission's approval, initiate a second review to be completed within six years of the Commission's approval of the pilot program.

(d) If the Executive Director finds that this pilot program is not being implemented in accordance with (b) above, the Executive Director shall initiate the revocation, suspension or modification procedures set forth in 7:50-3.61 through 3.65 and, if necessary, propose an amendment to this subchapter, in accordance with N.J.A.C. 7:50-7, to repeal the pilot program. If the Pinelands Commission revokes, suspends or modifies its certification of this program, such action shall not affect the certification status of the remaining provisions of the municipal land use ordinance unless the municipality ignores or refuses to implement such revocation, suspension or modification order.

(e) If the Executive Director finds that this pilot program is being implemented in accordance with (b) above, the Executive Director may propose an amendment to this chapter in accordance with N.J.A.C. 7:50-7 to broaden its applicability in the Pinelands.

N.J. Admin. Code § 7:50-10.13