N.J. Admin. Code § 7:7-13.10

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

Section 7:7-13.10 - Determining the development potential for a major commercial or industrial development site in the upland waterfront development area

(a) Subject to the limitations at 7:7-13.8(c)2, the development potential for a major commercial or industrial development site in the upland waterfront development area is determined under (b) through (d) below.

(b) A site upon which a major commercial or industrial 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;

3. A part of the perimeter of the site is adjacent to, or immediately across a paved road from, existing major commercial or industrial development, or, in a region with a development growth rating, the site is adjacent to or immediately across a paved road from any existing commercial development; and

4. In a region with a limited growth or extension growth rating, the site is located either:

i. For a major commercial development, within two miles of an existing intersection with a limited access highway; or

ii. For an industrial development, either within:

(1) Two miles of an existing intersection with a limited access highway; or

(2) One-half mile of a freight rail line that shall be used, or the applicant has a written agreement with the owner of a freight rail line to obtain freight rail service directly to the site.

(c) A site upon which a major commercial or industrial 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 at 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 shall be constructed before or concurrently with the development;

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; and

iii. For an industrial development, one-half mile or less from the nearest existing commercial or industrial development that has more than 50,000 square feet of enclosed building area within a single facility; or

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

i. Either 1,000 feet or less from the nearest existing paved public road, or five miles or less from the nearest intersection with a limited access highway;

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; and

iii. One-half mile or less from the nearest commercial or industrial development that has more than 50,000 square feet of enclosed building area within a single facility.

(d) A site upon which a major commercial or industrial 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: Major commercial and industrial developments require access and wastewater management. The criteria for high development potential in this category is intended to steer major commercial and industrial developments, which have greater potential adverse environmental impacts than other types of development, to areas abutted by existing major commercial and industrial development in order to concentrate intense development in certain areas. In regions with a development growth rating, a site has a high development potential for major commercial or industrial development if the site is in close proximity to any type of commercial development, which recognizes the extensively developed character of these regions.

Different requirements for a site to have a medium development potential for major commercial or industrial 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 major commercial or industrial development to regions that are already extensively developed in a similar fashion and away from relatively undeveloped areas and areas without existing industrial development.

N.J. Admin. Code § 7:7-13.10

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

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