N.J. Admin. Code § 7:50-5.23

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

Section 7:50-5.23 - Minimum standards governing the distribution and intensity of development and land use in Forest Areas

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

1. Residential dwelling units in accordance with the cultural housing provisions of N.J.A.C. 7:50-5.32;

2. Residential cluster development in accordance with the provisions of N.J.A.C. 7:50-5.19(c) and (d). 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;

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

4. Agriculture;

5. Forestry;

6. Low intensity recreational uses, provided that:

i. The parcel proposed for low intensity recreational use has an area of at least 50 acres;

ii. The recreational use does not involve the use of motorized vehicles except for necessary transportation;

iii. Access to bodies of water is limited to no more than 15 linear feet of frontage per 1,000 feet of water body frontage;

iv. Clearing of vegetation, including ground cover and soil disturbance, does not exceed five percent of the parcel; and

v. No more than one percent of the parcel will be covered with impervious surfaces.

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

1. Institutional uses, provided that:

i. The use does not require or will not generate subsidiary or satellite development in the Forest Area;

ii. The applicant has demonstrated that adequate public service infrastructure will be available to serve the use; and iii. The use is primarily designed to serve the needs of the Forest Area in which the use is to be located.

2. Pinelands resource-related industrial or manufacturing uses, excluding resource extraction and uses that rely on sand or gravel as raw products, provided that:

i. The parcel proposed for development has an area of at least five acres;

ii. The principal raw material for the proposed use is found or produced in the Pinelands; and

iii. The use does not require or will not generate subsidiary or satellite development in a Forest Area.

3. Light industrial uses within an area designated by a municipality in accordance with the following criteria:

i. The area adjoins an existing airport, and the airport is either publicly owned or serves a Pinelands Town;

ii. The area is predominantly developable under the provisions of subchapter 6 of this Plan; and

iii. The area is limited in size to that which received approval to develop pursuant to the Pinelands Protection Act prior to January 14, 1981.

4. Campgrounds, not to exceed one campsite per gross acre, provided that the campsites may be clustered at a net density not to exceed 10 campsites per acre.

5. Agricultural commercial establishments, excluding supermarkets, restaurants and convenience stores provided that:

i. The principal goods or products available for sale were produced in the Pinelands; and

ii. The sales area of the establishment does not exceed 5,000 square feet.

6. Roadside retail sales and service establishments, provided that:

i. The parcel proposed for development has roadway frontage of at least 50 feet;

ii. No portion of any structure proposed for development will be more than 300 feet, measured along a line parallel to the roadway, from the closest part of a roadside retail sales and service establishment structure that was in existence on February 7, 1979; and

iii. The proposed use will not unduly burden public services, including but not limited to water, sewer and roads.

7. Continuation of existing resource extraction operations in accordance with the standards of N.J.A.C. 7:50-6, Part VI.

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 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), provided the existing resource extraction operation or manufacturing facility is located within one mile of a Regional Growth Area or Pinelands Town;

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).

9. Fish and wildlife management and wetlands management.

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

11. Expansion of intensive recreational uses, provided that:

i. The intensive recreational use was in existence on February 7, 1979 and was not subsequently abandoned;

ii. The capacity of the use will not exceed two times the capacity of the use on February 7, 1979;

iii. The use is necessary to achieve recreational use of a particular element of the existing Pinelands environment; and

iv. The use is environmentally and aesthetically compatible with the character of the Forest Area and the characteristics of the particular basin in which the use is to be located, taking into consideration the proportion of cleared and developed land, ambient water quality, ecologically sensitive areas and unique resources, and will not unduly burden available public services.

12. Public service infrastructure intended to primarily serve only the needs of the Pinelands. Centralized waste water treatment and collection facilities shall be permitted to service the Forest Area only in accordance with N.J.A.C. 7:50-6.84(a)2. Communication cables not primarily intended to serve the needs of the Forest Area 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.

13. Home occupations.

14. Signs.

15. Accessory Uses.

16. Airport facilities provided:

i. The airport is publicly owned or serves a Pinelands Town; and

ii. The airport was in existence on January 14, 1981; and

iii. The area of the airport is limited in size to that which existed on January 14, 1981; and

iv. The use will not generate subsidiary or satellite development not otherwise permitted in the Forest Area, Preservation Area District or Special Agricultural Production Area.

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

18. Solar energy facilities, provided the standards of N.J.A.C. 7:50-5.36are 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 15.8 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. The Executive Director shall maintain a current record of residential units zoned in each certified municipality pursuant to this section.

(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)12 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)5iii(2).

N.J. Admin. Code § 7:50-5.23

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 to (b)12, "Communications cables not ..."; and added (d).
Amended by R.1990 d.170, effective 3/19/1990.
See: 21 N.J.R. 3381(a), 22 N.J.R. 948(a).
Added (b)16.
Amended by R.1992 d.91, effective 3/2/1992.
See: 23 N.J.R. 2458(b), 24 N.J.R. 832(b).
Exception added at (c).
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)17.
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.2007 d.372, effective 12/3/2007.
See: 39 N.J.R. 1970(a), 39 N.J.R. 5077(b).
In (b)8iv, inserted "provided the existing resource extraction operation or manufacturing facility is located within one mile of a Regional Growth Area or Pinelands Town"; in (b)11i, inserted "was not subsequently abandoned" and recodified "the capacity of the use will not exceed two times the capacity of the use on February 7, 1979;" as new (b)11ii; in (b)11ii, substituted "The" for "the"; and recodified former (b)11ii and (b)11iii as (b)11iii and (b)11iv.
Amended by R.2009 d.108, effective 4/6/2009.
See: 40 N.J.R. 4874(a), 41 N.J.R. 1405(a).
In (a)1, substituted a semicolon for a period at the end; rewrote (a)2; added new (a)3; recodified former (a)3 through (a)5 as (a)4 through (a)6; in (a)6v, substituted "impervious" for "impermeable"; and rewrote (c).
Amended by R.2009 d.385, effective 12/21/2009.
See: 41 N.J.R. 2398(a), 41 N.J.R. 4786(a).
In (b)9, 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).
Added (b)18.

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