N.J. Admin. Code § 7:50-5.63

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

Section 7:50-5.63 - Development in Municipal Reserve Areas

(a) A municipal master plan or land use ordinance that designates areas in a Rural Development Area as a Municipal Reserve Area shall include provisions ensuring that development of the reserve area at Regional Growth Area densities will occur only when all of the following conditions are met:

1. Adjacent developable land in the Regional Growth Area has been substantially developed in accordance with the land use and management programs provided in this Plan;

2. All essential public services are available and;

3. The amount of vacant developable land in all Regional Growth Areas in the municipality is insufficient to meet the growth needs of the county and the municipality projected for the next five years as determined or approved by the county in which the reserve area is located, as well as by the Pinelands Commission.

(b) A municipal master plan and land use ordinance that designate areas in a Regional Growth Area as Municipal Reserve Areas shall include provisions ensuring that:

1. Residential development within the reserve area is permitted at a maximum gross density of one unit per 10 acres and:

i. Is clustered on lots of one acre in size, with the remainder of the parcel not assigned to individual residential lots reserved through recordation of a restriction on the deed to the parcel to accommodate future development at Regional Growth Area densities following expiration of the Municipal Reserve Area designation;

ii. Utilizes those alternate design wastewater treatment systems authorized pursuant to 7:50-6.84(a)5 or 7:50-10, Part IV; and

iii. Is designed so as to facilitate access to other parts of the parcel that may be developed in the future at Regional Growth Area densities following expiration of the Municipal Reserve Area designation;

2. One-quarter of a Pinelands Development Credit is purchased and redeemed for each residential unit developed in the reserve area;

3. Any development transfer program established for the reserve area pursuant to 7:50-5.30 provides only for the development of existing undersized lots. Any parcel whose acreage is to be utilized to meet the density requirement established in (b)1 above but which will not be developed shall be located within the reserve area and shall be reserved through recordation of a restriction on the deed to the parcel to accommodate future development at Regional Growth Area densities following expiration of the Municipal Reserve Area designation. Development on the existing undersized lot shall be designed in accordance with the requirements of (b)1iii above; and

4. Development of each reserve area at Regional Growth Area densities will automatically be permitted within a period of six years. A municipality may demonstrate that such development should be further delayed because the reserve area continues to meet all of the criteria for designation set forth in 7:50-5.62(b) and capital improvements within the reserve area are not needed pursuant to 7:50-5.62(c).

N.J. Admin. Code § 7:50-5.63

Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Recodified from N.J.A.C. 7:50-5.53 by R.2000 d.43, effective 2/7/2000.
See: 31 New Jersey Register 3020(a), 32 New Jersey Register 601(a).
Amended by R.2006 d.159, effective 5/1/2006.
See: 37 N.J.R. 4133(a), 38 N.J.R. 1829(b).
Rewrote (b).