New legislation
- Thread starter Broke Jeep Joe
- Start date
Sorry all, apparently I received this from someone who has a subscription to the BCT, I was able to view it last night before I posted it, Ben said he posted it on the facebook page, maybe it is viewable there. The article has to do with Tuckahoe Turf and the soccer tournaments the kids play there, I won't go into detail here as it is lengthy.
Oh dear, the children are running on the grass, and playing with a ball! It will threaten the pinelands. that grass must be saved from children so it can be rolled up and sold to someone else to run on and play with balls...
I believe they are more concerned about the vehicle traffic on the land. However, it just seems to me that stopping them from playing there is counterproductive to what most people think should be their goals. And I am not talking soccer goals
I read this bill last week and it is not very alarming, in my opinion.
It is going to redefine some of the low intensity uses in the Agricultural Production Zone. Soccer is an example. Right now in the Pinelands Ag zone a farmer can freely saturate the ground and all of the crops on it with high nitrogen fertilizers, herbicides and pesticides. Soccer seems pretty innocuous.
Here is the bill in its entirety:
http://www.njleg.state.nj.us/2014/Bills/A3500/3257_I1.PDF
It is going to redefine some of the low intensity uses in the Agricultural Production Zone. Soccer is an example. Right now in the Pinelands Ag zone a farmer can freely saturate the ground and all of the crops on it with high nitrogen fertilizers, herbicides and pesticides. Soccer seems pretty innocuous.
Here is the bill in its entirety:
http://www.njleg.state.nj.us/2014/Bills/A3500/3257_I1.PDF
Somebody got ahold of their legislators and they responded with this bill. The way it was written starts opening the door to clearing of some of the land for this 'temporary use'. For instance
..."Agricultural production areas are areas of active agricultural use, generally upland field agriculture and row crops, including adjacent areas with soils suitable for expansion of agricultural operations..."
If, say, an area in the pines has a large swath of land specifically set aside for blueberry farming, and not all of it is currently used, could we clear some trees to create a soccer field? Why sure. Well, then, why not baseball, or football is what the further rallying cry will be.
I wonder if it was adopted, and what the pinelands commission's science department's stance on this was.
..."Agricultural production areas are areas of active agricultural use, generally upland field agriculture and row crops, including adjacent areas with soils suitable for expansion of agricultural operations..."
If, say, an area in the pines has a large swath of land specifically set aside for blueberry farming, and not all of it is currently used, could we clear some trees to create a soccer field? Why sure. Well, then, why not baseball, or football is what the further rallying cry will be.
I wonder if it was adopted, and what the pinelands commission's science department's stance on this was.
PS: there must be a prize for pronouncing the sponsor's name correctly.
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
Dear Bobby,
The terms and conditions for doing many things in the AG zone have been flagrantly abused since the inception of the Pinelands Management Plan.
For example, in the Ag zone you need ten acres to build a house. However, the house must be accessory to an active agricultural operation. Many of the homes submit the required farm management plan (many of which I have prepared) to obtain their original approval.
Within a year, many are still growing their "hay" (lawn) and within a few years the property mysteriously morphs into a beautiful estate with no agricultural activity. Even more mysterious is that the ag assessment continues on nine of their ten acres in a lot of cases. Take a ride down these parts and I'll show you five in as many minutes.
If the Ag zone needs any additional rules it would be enforcement.
Here are the rules under section 7.24 of the CMP for your reading pleasure:
7:50-5.24 Minimum standards governing the distribution and intensity of development and
land use in Agricultural Production Areas
(a) The following uses shall be permitted in an Agricultural Production Area:
1. Residential dwellings in accordance with the cultural housing provisions of
N.J.A.C. 7:50-5.32.
2. Residential dwelling units not to exceed a gross density of one unit per 10
acres provided that:
i. The dwelling is accessory to an active agricultural operation;
ii. The dwelling is for an operator or employee of the farm who is actively
engaged in and essential to the agricultural operation;
iii. The dwelling is located on a lot which is under or qualified for agricultural
assessment;
iv. The dwelling is located on a lot which has an active production history or
where a farm management plan has been prepared which demonstrates
that the property will be farmed as a unit unto itself or as part of another
farm operation in the area;
v. A residential lot has not been subdivided from the property within the
previous five years unless the lot has been subdivided pursuant to N.J.A.C.
7:50-5.32; and
vi. No more than one lot may be created for a dwelling accessory to an active
agricultural operation pursuant to this provision at any one time.
3. Residential dwelling units at a gross density of one unit per 40 acres,
provided that:
i. The unit(s) shall be clustered on one acre lots, unless the municipality
determines that residential development is not compatible and interferes
with the use of the remaining parcel and adjoining lands for agricultural
use:
ii. The remainder of the parcel, including all contiguous lands in common
ownership, which is not assigned to individual residential lots shall be
permanently dedicated for agricultural uses through recordation of a
restriction on the deed to the parcel; and
iii. The restriction on the deed to the parcel, including any rights to be
redeemed for future residential development, shall be done in accordance
with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands Development
Credits allocated to the parcel.
136
4. Agriculture.
I can show you many
The terms and conditions for doing many things in the AG zone have been flagrantly abused since the inception of the Pinelands Management Plan.
For example, in the Ag zone you need ten acres to build a house. However, the house must be accessory to an active agricultural operation. Many of the homes submit the required farm management plan (many of which I have prepared) to obtain their original approval.
Within a year, many are still growing their "hay" (lawn) and within a few years the property mysteriously morphs into a beautiful estate with no agricultural activity. Even more mysterious is that the ag assessment continues on nine of their ten acres in a lot of cases. Take a ride down these parts and I'll show you five in as many minutes.
If the Ag zone needs any additional rules it would be enforcement.
Here are the rules under section 7.24 of the CMP for your reading pleasure:
7:50-5.24 Minimum standards governing the distribution and intensity of development and
land use in Agricultural Production Areas
(a) The following uses shall be permitted in an Agricultural Production Area:
1. Residential dwellings in accordance with the cultural housing provisions of
N.J.A.C. 7:50-5.32.
2. Residential dwelling units not to exceed a gross density of one unit per 10
acres provided that:
i. The dwelling is accessory to an active agricultural operation;
ii. The dwelling is for an operator or employee of the farm who is actively
engaged in and essential to the agricultural operation;
iii. The dwelling is located on a lot which is under or qualified for agricultural
assessment;
iv. The dwelling is located on a lot which has an active production history or
where a farm management plan has been prepared which demonstrates
that the property will be farmed as a unit unto itself or as part of another
farm operation in the area;
v. A residential lot has not been subdivided from the property within the
previous five years unless the lot has been subdivided pursuant to N.J.A.C.
7:50-5.32; and
vi. No more than one lot may be created for a dwelling accessory to an active
agricultural operation pursuant to this provision at any one time.
3. Residential dwelling units at a gross density of one unit per 40 acres,
provided that:
i. The unit(s) shall be clustered on one acre lots, unless the municipality
determines that residential development is not compatible and interferes
with the use of the remaining parcel and adjoining lands for agricultural
use:
ii. The remainder of the parcel, including all contiguous lands in common
ownership, which is not assigned to individual residential lots shall be
permanently dedicated for agricultural uses through recordation of a
restriction on the deed to the parcel; and
iii. The restriction on the deed to the parcel, including any rights to be
redeemed for future residential development, shall be done in accordance
with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands Development
Credits allocated to the parcel.
136
4. Agriculture.
I can show you many
Scott,
I'm actually surprised they can do so much. As you said, they need enforcement, but have none. Which is why the farm off Lacey road that is now an equestrian center/corn maze/pumpkin farm/pony rides etc, etc. is allowed to stand as is.
I'm actually surprised they can do so much. As you said, they need enforcement, but have none. Which is why the farm off Lacey road that is now an equestrian center/corn maze/pumpkin farm/pony rides etc, etc. is allowed to stand as is.
Local Implementation
The 1979 Pinelands Protection Act envisioned that local governments will be primarily responsible for implementing the Plan. To attain that degree of local involvement and responsibility, the Act set forth a procedure under which county and municipal master plans and land use ordinances are made consistent with the Plan. While some of the Plan's provisions are mandatory, such as the density limitations and the requirement that growth areas accept development credits, many other aspects are intended to give municipalities resource management goals to work toward as they revise their land use regulations. The specific means chosen to meet those goals are open to negotiation between the Commission and the local government. If a municipality does not revise its plan and ordinances as required by the Pinelands Protection Act, the Commission is required by law to enforce the Plan's minimum standards verbatim. A municipality is able to exercise more flexibility in applying the Plan to local conditions by participating in the conformance process. At this time, all 7 counties and all but 1 of the 53 Pinelands Area municipalities have completed this plan and ordinance revision process.
Once a county or municipality revises its plans and ordinances, the Commission's executive director holds a public hearing and submits a recommendation to the full Pinelands Commission. The Commission may either certify the plans and ordinances as being in conformance with the Plan, certify them with conditions, or disapprove them and indicate the necessary changes.
The 1979 Pinelands Protection Act envisioned that local governments will be primarily responsible for implementing the Plan. To attain that degree of local involvement and responsibility, the Act set forth a procedure under which county and municipal master plans and land use ordinances are made consistent with the Plan. While some of the Plan's provisions are mandatory, such as the density limitations and the requirement that growth areas accept development credits, many other aspects are intended to give municipalities resource management goals to work toward as they revise their land use regulations. The specific means chosen to meet those goals are open to negotiation between the Commission and the local government. If a municipality does not revise its plan and ordinances as required by the Pinelands Protection Act, the Commission is required by law to enforce the Plan's minimum standards verbatim. A municipality is able to exercise more flexibility in applying the Plan to local conditions by participating in the conformance process. At this time, all 7 counties and all but 1 of the 53 Pinelands Area municipalities have completed this plan and ordinance revision process.
Once a county or municipality revises its plans and ordinances, the Commission's executive director holds a public hearing and submits a recommendation to the full Pinelands Commission. The Commission may either certify the plans and ordinances as being in conformance with the Plan, certify them with conditions, or disapprove them and indicate the necessary changes.