N.J. Admin. Code § 7:7-13.9

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

Section 7:7-13.9 - Determining the development potential for a residential or minor commercial development site in the upland waterfront development area

(a) Subject to the limitation at 7:7-13.8(c)1, the development potential for a residential development site or a minor commercial development site in the upland waterfront development area is determined using (b) through (d) below.

(b) A site upon which a residential or minor commercial development is proposed is a high development potential site if it meets all of the requirements at (b)1 through 4 below:

1. An existing paved public road abuts the site;

2. If an offsite wastewater conveyance, treatment and disposal system is to be used:

i. The existing conveyance component of the system abuts the site; and

ii. The existing wastewater conveyance, treatment and disposal system has adequate capacity to convey, treat, and dispose of the sewage from the proposed development, or the applicant has an agreement with the sewage authority to modify the system to provide adequate capacity; and

3. A majority of the perimeter of the site, excluding wetlands or surface water areas or land areas abutting limited access transportation corridors, is adjacent to or across a public road or railroad from land that is developed, or a majority of the area, excluding wetlands or surface water areas, within 1,000 feet of the site is developed. For the purposes of this paragraph, developed land consists of that part of a property where one of the developments listed below is located and does not include any undeveloped portions of the property that surround the developed portion:

i. Residential development at densities of at least one dwelling unit per acre;

ii. Commercial development;

iii. Industrial development, including warehouses;

iv. Schools and other public institutions;

v. Ball fields;

vi. Those areas of public parks developed for active recreational use; or

vii. Transportation facilities including train stations and airfields; and

4. If the site is located in a region with a limited growth or extension growth rating, the site shall, in addition to meeting the requirements at (b)1 through 3 above, be located one-half mile or less from the nearest existing commercial or industrial development that has more than 20,000 square feet of enclosed building area within a single facility.

(c) A site upon which a residential development or a minor commercial development is proposed is a medium development potential site if it is not a high development potential site under (b) above but does meet the requirements of either (c)1 or 2 below:

1. The site is located in a region with a development growth rating and the site is located:

i. One thousand feet or less from the nearest existing paved public road, or 1,000 feet or less from the nearest public road that is approved and will be constructed before or concurrently with the development; and

ii. If an offsite wastewater conveyance, treatment and disposal system is to be used, 1,000 feet or less from the conveyance component of that system, or 1,000 feet or less from the conveyance component of a system that is approved and shall be constructed before or concurrently with the development, provided:

(1) The wastewater conveyance, treatment and disposal system has adequate capacity to convey, treat, and dispose of the sewage from the proposed development, or the applicant has an agreement with the sewage authority to modify the system to provide adequate capacity; or

2. The site is located in a region with a limited growth or extension growth rating and the site is located:

i. One thousand feet or less from the nearest existing paved public road;

ii. If an offsite wastewater conveyance, treatment and disposal system is to be used, 1,000 feet or less from the existing conveyance component of the system, provided:

(1) The existing wastewater conveyance, treatment and disposal system has adequate capacity to convey, treat, and dispose of the sewage from the proposed development, or the applicant has an agreement with the sewage authority to modify the system to provide adequate capacity;

iii. If a commercial development is proposed, one-half mile or less from the nearest existing commercial or industrial development that has more than 20,000 square feet of enclosed building area within a single facility; and

iv. If a residential development is proposed, one-half mile or less from developed land, as described at (b)3 above.

(d) A site upon which a residential or minor commercial development is proposed is a low development potential site if it is neither a high development potential site under (b) above nor a medium development potential site under (c) above.

(e) Rationale: Residential and minor commercial developments require a method of access and a method of wastewater treatment. Sites that are located in close proximity to public roadways are easily accessed and allow residents of the proposed development to enter and exit the property without the impacts associated with construction of a new roadway. A site that abuts the conveyance component of an existing offsite wastewater conveyance, treatment, and disposal system that has the capacity to manage the sewage from the proposed development ensures that wastewater will be properly managed and not cause adverse impacts to the environment or public health. Sites that are surrounded by existing development constitute an "infill" situation and, thus, have a high development potential. Different requirements for a site to have a medium development potential for residential or minor commercial development depend upon the growth rating of the region in which the site is located. These requirements recognize the comparatively lower impact in regions with a development growth rating as compared to regions with a limited or extension growth rating and intend to steer new residential or minor commercial development to regions that are already extensively developed and away from relatively undeveloped areas.

N.J. Admin. Code § 7:7-13.9

Renumbered from 7:7E-5A.5 by 47 N.J.R. 1392(a), effective 7/6/2015

Amended by 50 N.J.R. 361(a), effective 1/16/2018