N.J. Admin. Code § 7:50-7.3

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

Section 7:50-7.3 - Proposed amendments; petitions for amendment

(a) Any member of the Commission or the Executive Director may, at any time, propose that the Commission consider an amendment to this Plan. Prior to any formal Commission action on such a proposed amendment pursuant to 7:50-7.4, the following information shall be made available to the Commission for its review and consideration, unless the amendment is being proposed as part of the comprehensive review required pursuant to 7:50-7.11:

1. The wording of any proposed amendment of the text of this Plan and a map depicting any proposed change to the Pinelands Land Capability Map;

2. A statement of the need and justification for the proposed amendment, including the reason(s) why the goals which the proposed amendment is intended to achieve cannot be accomplished through adherence to the standards of this Plan or compliance with the procedures set forth in N.J.A.C. 7:50-4, Part V;

3. A statement as to the conformity of the proposed amendment to the goals and objectives of this Plan and the intent of the Pinelands Protection Act and the Federal Act;

4. If the proposed amendment would change the minimum standards for land use and intensities contained in N.J.A.C. 7:50-5 or the management programs and minimum standards contained in N.J.A.C. 7:50-6, an evaluation of the environmental consequences of the proposed change;

5. If the proposed amendment involves the redesignation of Pinelands management areas for a particular parcel, documentation as to how the affected parcel meets the criteria established in this Plan for the management area to which it is proposed to be redesignated. Unless the Commission determines that it is unnecessary, any such amendment shall include a proposal for an offsetting management area change and documentation as to how all of the lands affected by the offset proposal meet the criteria established in this Plan for the management area to which they are proposed to be redesignated; and

6. Any other information necessary or appropriate for full and proper consideration of the proposed amendment.

(b) Any other person desiring to petition the Commission for an amendment to this Plan shall file a petition with the Executive Director in such form and number as the Executive Director shall from time to time establish and containing at least the following information:

1. The petitioner's name and address;

2. The precise wording of any proposed amendment of the text of this Plan and a map or plat delineating any proposed change to the Pinelands Land Capability Map;

3. A statement of the need and justification for the proposed amendment, including the reason(s) why the objectives of the petitioner cannot be accomplished through adherence to the standards of this Plan or compliance with the procedures set forth in N.J.A.C. 7:50-4, Part V;

4. A statement as to the conformity of any proposed amendment to the goals and objectives of this Plan and the intent of the Pinelands Protection Act and the Federal Act;

5. If the proposed amendment would change the minimum standards for land use and intensities contained in N.J.A.C. 7:50-5 or the management programs and minimum standards contained in N.J.A.C. 7:50-6, an evaluation of the environmental consequences of the proposed change;

6. In the event that the proposed amendment would change the classification of any parcel as shown on the Land Capability Map:

i. The street address and legal description of the parcel proposed to be reclassified;

ii. The petitioner's interest in the subject parcel;

iii. The owner's name and address, if different from the petitioner's, and the owner's signed consent to the filing of the petition;

iv. The names and addresses of all owners of property required to be notified pursuant to (c)1 below;

v. The present classification and existing uses of the parcel proposed to be reclassified;

vi. The area of the parcel proposed to be reclassified stated in square feet or acres, or fraction thereof; and

vii. Documentation as to how the affected parcel meets the criteria established in this Plan for the management area to which it is proposed to be redesignated. Any such amendment shall include a proposal for an offsetting management area change and documentation as to how all of the lands affected by the offset proposal meet the criteria established in this Plan for the management area to which they are proposed to be redesignated. If the petitioner believes such an offset is not warranted, the submission shall include written justification as to why an offset is unnecessary; and

7. In the event that the proposed amendment would affect zoning districts, permitted uses or the intensity of permitted uses within one or more municipalities whose master plans and land use ordinances have been certified by the Pinelands Commission, duly adopted resolutions of the planning board and governing body of each municipality setting forth their position on the proposed amendment, including an indication of whether or not they would support changes to the municipality's master plan and land use ordinances to effectuate the proposed amendment if approved by the Pinelands Commission.

(c) For petitions filed pursuant to (b) above, the petitioner shall be required to provide notice of the filing of the petition within 20 days after receiving notification from the Executive Director pursuant to N.J.A.C. 7:50-7.5(b) that a complete petition has been filed with the Commission as follows:

1. If the petition proposes to change the classification of any parcel as shown on the Land Capability Map or is intended to affect a specific parcel or an area less than 100 acres in size:

i. Notice shall be given by mailing a copy of the petition to the secretary of the county and municipal planning board and environmental commission, if any, with jurisdiction over any parcel or area that would be directly affected by the proposed amendment;

ii. Notice shall be given to owners of all real property within 200 feet of any parcel or area that would be directly affected by the proposed amendment as provided for in N.J.S.A. 40:55D-12.b. The administrative officer of the municipality in which the subject parcel or area is located shall provide a certified list of said property owners as provided for in N.J.S.A. 40:55D-12.c. The petitioner shall be entitled to rely upon the information contained in said certified list as provided in N.J.S.A. 40:55D-12.c; and

iii. Notice shall be given by publication in the official newspaper of the municipality in which the subject parcel or area is located, if there is one, or in a newspaper of general circulation in the municipality as provided for in N.J.S.A. 40:55D-12.

iv. Notice shall be given by conspicuous posting on any parcel or parcels that would be directly affected by the proposed amendment.

2. For all other petitions, notice shall be given by publication in all the official newspapers of the Pinelands Commission.

3. The petitioner shall file with the Executive Director, no less than 25 days after receiving notification from the Executive Director that a complete petition has been filed with the Commission, an affidavit that the requirements of (c)1 or 2 above, whichever may be applicable, have been satisfied.

N.J. Admin. Code § 7:50-7.3

Amended by 50 N.J.R. 969(a), effective 3/5/2018