N.J. Admin. Code § 7:50-4.70

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:50-4.70 - Effect of grant of waiver; expiration; recordation; effective date

(a) Any waiver granted under the provisions of this Part shall only be considered a waiver of the particular standard of this Plan which the Commission waived. It shall not constitute an approval of the entire development proposal. Nor shall it constitute a waiver from any requirements contained within any certified local ordinance.

(b) Waivers approved under former N.J.A.C. 7:50-4.66(a)1 ii, repealed effective November 2, 1987, and former N.J.A.C. 7:50-4.55(a)1 iii, repealed effective September 12, 1985, shall expire as follows:

1. Any waiver previously approved under the final subdivision standard contained in the now repealed N.J.A.C. 7:50-4.55(a)1 iii shall continue to be subject to the condition that the waiver shall expire after two years if substantial construction of improvements is not commenced, or if fewer than 10 percent of the total number of lots in the subdivision are sold or built upon within any succeeding 12 month period; and

2. Any waiver previously approved under the prior municipal development approval standard contained in the previously repealed N.J.A.C. 7:50-4.66(a)1 ii has expired or will expire, without exception, unless the requirements in (b)2i, ii and one of iii, iv or v below have been and continue to be met:

i. All necessary municipal planning board or board of adjustment approvals were obtained by January 14, 1991;

ii. No additional approval, extension, renewal or any other action whatsoever is required or received from either the municipal planning board or board of adjustment after January 14, 1991; and either

iii. All necessary approvals, including all necessary construction permits, were obtained by January 3, 1995 or within 18 months of the expiration of any tolling pursuant to N.J.S.A. 40:55D-21 of the running of the period of the planning board or board of adjustment approval pursuant to N.J.S.A. 40:55D-47 or 40:55D-52, whichever is later; and no construction permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after the latter of said dates; or

iv. All necessary approvals, including all necessary construction permits, are obtained by December 31, 1996 and no construction permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after said date, provided that the lot for which the approvals and permits are issued either fronts on a road that prior to January 3, 1995 was improved at least to the extent of the installation of a subbase or had a foundation or septic system lawfully constructed on said lot prior to January 3, 1995; or

v. All necessary approvals, including all necessary construction permits, are obtained by February 3, 2007 and no construction permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after said date, provided that development rights have been transferred from other lands in the Pinelands Area in accordance with the following conditions:

(1) Development rights shall only be transferred from lands located in the Preservation Area District, Special Agricultural Production Area or Forest Area, except as provided in (b)2v(4)(C) and (D) below;

(2) At least one of the qualifying parcels in the Preservation Area District, Special Agricultural Production Area or Forest Area from which development rights are to be transferred must be at least 500 acres in size and of conservation value;

(3) All lands to be utilized in the transfer must be:

(A) Deed restricted so as to preclude further development except fish and wildlife management, low intensity recreational uses and limited dedicated public rights-of-way for emergency access; or

(B) Conveyed to the State, a local jurisdiction or a not-for-profit conservation organization in fee simple absolute and deed restricted in accordance with (b)2v(3)(A) above;

(4) The number of development rights to be transferred to the parcel which received a waiver approval pursuant to the previously repealed N.J.A.C. 7:50-4.66(a)1 ii shall not exceed the number of units which received all necessary municipal planning board and board of adjustment approvals by January 14, 1991 pursuant to (b)2i above or result in the development of more units on the parcel than were approved pursuant to the previously repealed N.J.A.C. 7:50-4.66(a)1 ii and shall be determined based on the following:

(A) The permitted density for lands in the Forest Area;

(B) The number of dwelling units associated with the number of Pinelands Development Credits allocated to a parcel in the Preservation Area District or Special Agricultural Production Area pursuant to N.J.A.C. 7:50-5.43 and 5.45;

(C) For waiver parcels located in a Rural Development Area, the permitted density for other lands located in the Rural Development Area of the municipality in which the waiver parcel is located, provided that the development rights to be transferred from such land do not exceed 10 percent of the total number of units proposed to be transferred; and

(D) The density permitted pursuant to N.J.A.C. 7:50-5, unless, for waiver parcels located in a Forest Area or Rural Development Area, the certified municipal zoning is consistent with the density requirements of N.J.A.C. 7:50-5.23(a) or 5.26(a), for those undeveloped portions of the site which were designated for development in the original waiver approval. The undeveloped portion of the site will be determined by calculating that percentage of the total number of units approved pursuant to the previously repealed N.J.A.C. 7:50-4.66(a)1 ii that will not be developed and applying that percentage to the area designated for development in the waiver approval.

(c) Any waiver approved pursuant to N.J.A.C. 7:50-4.63 which authorizes development of the parcel shall expire five years after the Waiver is approved unless all necessary construction permits have been issued within said five year period, the authorized work was commenced within 12 months after issuance of the permits and no such permit becomes invalid pursuant to N.J.A.C. 5:23-2.16(b) after said five year period.

(d) A copy of any approval of a Waiver of Strict Compliance by the Pinelands Commission shall be recorded in the office of the county recording officer of the county wherein the real estate that is subject to the Waiver is situated pursuant to N.J.S.A. 46:16-2 within 60 days of the approval of the Waiver. Said recording shall be notice to all subsequent judgment creditors, purchasers and mortgagees of the existence and contents of the approved Waiver of Strict Compliance.

(e) The N.J.A.C. 7:50-2.11 definitions of "contiguous lands," "fair market value" and "impaired wetlands," and N.J.A.C. 7:50- 4.2(b)7 and 4.61 through this section, as amended or adopted effective March 2, 1992, shall apply to all applications except for those applications on which an Executive Director's determination was issued prior to March 2, 1992. For those applications, the above-referenced provisions in effect prior to March 2, 1992 shall govern, provided that:

1. The Pinelands Commission action on the Waiver of Strict Compliance is based on information that was submitted to the Pinelands Commission prior to March 2, 1992;

2. The applicant has not requested that the application be reviewed pursuant to the N.J.A.C. 7:50-2.11 definitions of "contiguous lands," "fair market value" and "impaired wetlands," and N.J.A.C. 7:50- 4.2(b)7 and 4.61 through this section, as amended or adopted effective March 2, 1992; and either

3. The Pinelands Commission acts on the application at its next regularly scheduled meeting after the time to appeal under N.J.A.C. 7:50-4.91 has expired and no request for appeal has been received; or

4. A timely request for an appeal is received under N.J.A.C. 7:50-4.91 or the Executive Director's determination is referred to the Office of Administrative Law by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.69 (formerly N.J.A.C. 7:50-4.65).

N.J. Admin. Code § 7:50-4.70

Emergency Amendment, R.1985 d.399, effective 7/15/1985 (expired September 13, 1985).
See: 17 New Jersey Register 1918(a).
Recodified from 4.56 and text "or the Executive Director" was deleted.
Amended by R.1985 d.494, effective 9/12/1985.
See: 17 New Jersey Register 1918(a), 17 New Jersey Register 2394(a).
Recodified from 4.66.
Amended by R.1992 d.91, effective 3/2/1992.
See: 23 New Jersey Register 2458(b), 24 New Jersey Register 832(b).
Recodified from 7:50-4.67; added new (b) and (c).
Amended by R.1993 d.211, effective 5/17/1993.
See: 25 New Jersey Register 225(a), 25 New Jersey Register 2119(a).
Established an expiration date coincident with P.L. 1992 c.82 (Permit Extension Act).
Amended by R.1994 d.590, effective 12/5/1994.
See: 26 New Jersey Register 165(a), 26 New Jersey Register 4795(a).
Amended by R.1995 d.449, effective 8/21/1995.
See: 27 New Jersey Register 1557(a), 27 New Jersey Register 1927(a), 27 New Jersey Register 3158(a).
Rewrote (b)2.iv.
Amended by R.1996 d.225, effective 5/20/1996.
See: 27 New Jersey Register 3878(a), 28 New Jersey Register 2596(a).
In (e) and (e)2 substituted 7:50-4.2(b)7 for 7:50-4.2(b)8.
Amended by R.1997 d.55, effective 2/3/1997.
See: 28 New Jersey Register 1458(a), 29 New Jersey Register 507(a).
Added (b)2v.