N.J. Admin. Code § 7:50-9.3

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

Section 7:50-9.3 - Standards for present and potential uses and ownership

(a) In order to be eligible for acquisition under the provisions of this subchapter, the owner of the parcel shall demonstrate and the Commission shall verify that all of the following conditions exist:

1. Present and potential uses, as follows:

i. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, contains no residential dwelling unit;

ii. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, contains no substantial principal non-residential structure that has an economically viable use, except for structures that are used exclusively for agricultural purposes;

iii. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, has not been approved for resource extraction pursuant to the provisions of this Plan;

iv. If the parcel, including all contiguous lands in common ownership on or after January 14, 1981, is entitled to at least 0.25 Pinelands Development Credits pursuant to 7:50-5.43, those Credits have been severed from the parcel pursuant to 7:50-5.47;

v. No approval for development of a residential dwelling or substantial principal non-residential structure on the parcel, including all contiguous lands in common ownership on or after January 14, 1981, has been granted pursuant to this Plan provided that approval is still valid; and

vi. The parcel, including all contiguous lands in common ownership on or after January 14, 1981, cannot be determined to meet all standards for the development of either a residential dwelling or a substantial principal non-residential structure in accordance with the provisions of this Plan absent a Waiver of Strict Compliance, taking into consideration the following factors:

(1) The availability of centralized waste water treatment and collection service;

(2) The certification of any municipal land use ordinance pursuant to 7:50-3.35 or 3.45; and

(3) The information used by the Commission in its review and action on the Waiver of Strict Compliance relative to the parcel in question.

2. Ownership, as follows:

i. The parcel has been in the same ownership since the date of the Commission's action on the Waiver of Strict Compliance, except that transfer in ownership solely through gift or inheritance shall not render the parcel ineligible for acquisition;

ii. The owner can transfer good title to the parcel which is currently owned in fee simple absolute; and

v. The owner owns less than 50 acres of land in the Pinelands, including the parcel in question, as of July 17, 1995. For purposes of determining whether this requirement is met, all lands in the Pinelands in which the owner has an ownership interest either directly or through a legal entity in which the owner has an ownership interest shall be included in the total acreage based upon the pro-rata share of the total acreage of such land owned by the owner of the parcel in question. Said land shall only be included if the owner owns at least a 10 percent share of said land or said land is owned by a corporation, partnership or other legal entity in which the owner has at least a 10 percent ownership interest.

N.J. Admin. Code § 7:50-9.3