N.J. Admin. Code § 7:50-5.62

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:50-5.62 - Designation of Municipal Reserve Areas

(a) A municipality may, in its master plan and land use ordinance, designate lands in Rural Development Areas that are adjacent to or contiguous with a Regional Growth Area or areas of existing growth and development located outside of the Pinelands as Municipal Reserve Areas, provided that the area designated:

1. Does not contain significant amounts of:

i. Wetlands as defined in N.J.A.C. 7:50-6, Part I;

ii. Somewhat excessively and excessively drained soils as delineated in Plate 9;

iii. Active agricultural lands;

iv. Aquifer recharge areas as indicated by a depth of the unsaturated zone of 20-30 and 30-40 feet on Plate 4 and not underlain by a clay aquiclude;

v. Extreme fire hazard areas as delineated in Plate 11; and

vi. Flood-prone areas designated under the Federal Flood Insurance Program.

2. Has a relatively uniform boundary which conforms to physical or environmental features;

3. Is geographically balanced around existing or planned community centers;

4. Is accessible to employment centers, and areas of commercial activity and recreation opportunities;

5. Is not contiguous with a Preservation Area District, Special Agricultural Production Area, Forest Area or Agricultural Production Area and preserves an adequate buffer of low intensity use between the Municipal Reserve Area and such districts;

6. Has available or is planned for full public services including sewer, water, roads, police and fire protection, and schools and libraries.

(b) A municipality may, in its master plan and land use ordinance, designate lands in a Regional Growth Area as Municipal Reserve Areas, provided that sufficient vacant, developable land remains in the municipality's Regional Growth Area and other portions of the municipality to meet the growth needs of the municipality projected for the next six years as determined or approved by the county in which the municipality is located, as well as by the Pinelands Commission. Each area designated shall:

1. Encompass at least 50 contiguous acres which are predominantly vacant;

2. Include parcels in their entirety;

3. Exclude areas predominantly comprised of parcels under 10 acres in size;

4. Exclude lands predominantly comprised of wetlands as defined in N.J.A.C. 7:50-6, Part I;

5. Exclude lands currently served by sanitary sewer or planned for sanitary sewer service in the near future, as demonstrated by the submission of applications to the Commission for the installation of sanitary sewer or the municipal adoption of a capital budget for installation of sewer service within the area; and

6. Be designated as a Rural Development Area.

(c) A municipality that designates a municipal reserve area in accordance with (b) above shall prepare and submit to the Commission a plan which assesses the need for sewer service, other public service infrastructure and capital improvements within the reserve area and indicates how and when such services and improvements will be provided. Should said plan indicate that sewer service, other public service infrastructure or capital improvements will be necessary during the six-year duration of the reserve area, a Capital Improvements Program shall be prepared and adopted by the municipality in accordance with 40:55D-29 and 30 and submitted to the Commission for its review.

N.J. Admin. Code § 7:50-5.62

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. 7:50-5.52 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); and inserted (c).