The following is the very short list of activities that are exempted from Pinelands Commission review, taken right from the Holy Pinelands Comprehensive Managemnet Plan.
You will note that the reconstruction of NONRESIDENTIAL structures (other than agricultural) that have been destroyed or demolished, is not one of activities exempted from their review.
I foresee a typical NJ convoluted cluster F of regulatory fun for the owners.
As I said earlier, the faster they move, the better.
PART 1-UNIFORM PROCEDURES
7:50-4.1 Applicability
43
(a) For the purposes of this subchapter only, the following shall not be considered
development except for development of any historic resource designated by the
Pinelands Commission pursuant to N.J.A.C. 7:50-6.154:
1. The improvement, expansion, or reconstruction within five years of
destruction or demolition, of any single family dwelling unit or appurtenance
thereto;
2. The improvement, expansion, construction or reconstruction of any structure
accessory to a single family dwelling;
3. The improvement, expansion, construction or reconstruction of any structure
used exclusively for agricultural or horticultural purposes;
4. The construction, repair or removal of any sign, except for the construction or
replacement of any off-site commercial advertising sign;
5. The repair of existing utility distribution lines;
6. The installation of utility distribution lines, except for sewage lines, to serve
areas which are effectively developed or development which has received all
necessary approvals and permits;
7. The clearing of less than 1,500 square feet of land;
8. The construction of any addition or accessory structure for any
non-residential use or any multi-family residential structure provided said
addition or structure will be located on or below an existing impermeable
surface and the existing use is served by public sewers and said addition or
structure will cover an area of no more than 1,000 square feet;
9. The demolition of any structure less than 50 years old;
10. The repair or replacement of any existing on-site waste water disposal
system;
11. The repaving of existing paved roads, provided no increase in the paved
width of said roads will occur;
12. The clearing of land solely for agricultural purposes;
13. Fences, provided no more than 1,500 square feet of land is to be cleared;
14. Above-ground telephone equipment cabinets;
15. Tree pruning;
16. The following forestry activities:
i. Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
ii. Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
iii. Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted; and
iv. Forest stand improvement designed to selectively thin trees and
brush, provided that no clearing or soil disturbance occurs and that
the total land area on the parcel in which the activity occurs does
not exceed five acres in any one year;
44
17. Prescribed burning and the clearing and maintaining of fire breaks;
18. Normal and customary landscape plantings, unless a landscaping plan is
required pursuant to N.J.A.C. 7:50-6.24; or
19. Agricultural resource extraction, provided that:
i. All of the removed soil remains in agricultural or horticultural use
within the Pinelands Area;
ii. No more than 2,000 cubic yards of soil per calendar year are
removed from any parcel; or
iii. No more than 20,000 cubic yards of soil per calendar year are
removed from any parcel and a Farm Conservation Plan, designed
in accordance with the United States Department of Agriculture,
Natural Resources Conservation Service New Jersey Field Office
Technical Guide, section 4, dated May 2001, incorporated herein
by reference, as amended and supplemented, is approved by the
Soil Conservation District and submitted to the Pinelands
Commission by the owner of the parcel, demonstrating that the
proposed resource extraction is for one of the following
agricultural purposes:
(1) Agricultural irrigation ponds;
(2) Blueberry/cranberry agriculture site preparation and
horticulture of other wetland species, provided the activity
is located on wetland soils or soil types that are somewhat
poorly drained or moderately well drained with a seasonal
high water table within 24 inches of the natural surface of
the ground, as defined in the applicable county soil survey,
published by the United States Department of Agriculture,
Natural Resources Conservation Service, as amended and
or supplemented; or
(3) The offsite removal of overlying soils to access underlying
sand for cranberry management practices, provided the
quantity of overlying soil removed offsite does not exceed
the quantity of underlying sand to be used for the
management practices listed in N.J.A.C. 7:50-6.55(a)4 and
the quantity of overlying soil removed offsite does not
exceed that reasonably necessary to provide access to
underlying sand to be utilized within a three year period.
(b) As of January 14, 1991, the provisions of this Plan shall apply to any proposed
development or portion thereof which received approval from the Pinelands
Commission pursuant to the Interim Rules and Regulations or which received
approval from the Pinelands Development Review Board and said approvals
expired as of that date or will expire subsequent to that date, without exception,
unless the requirements in (b)1, 2 and either 3 or 4 below have been met and
continue to be met:
1. All necessary municipal planning board or board of adjustment approvals
were obtained by January 14, 1991;
45
2. 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
3. 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
4. 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 Janauary 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.
(c) The Commission shall determine that an application for the improvement or
reconstruction of a single family dwelling or appurtenance thereto five years or
more after destruction or demolition of the single family dwelling is in
conformance with this Plan, provided the applicant demonstrates that:
1. The improvement or reconstruction does not involve a historic resource
designated by the Commission pursuant to N.J.A.C. 7:50-6.154;
2. The improvement or reconstruction is performed within 25 years of the
destruction or demolition of a single family dwelling unit or appurtenance
thereto;
3. The foundation of the demolished or destroyed single family dwelling unit is
intact, will be used for the development and will constitute the footprint of
the improvement or reconstruction; and
4. The destroyed or demolished building was a single family dwelling.
(d) Nothing herein shall preclude any local or state agency from reviewing, in
accordance with the provisions of any applicable ordinance or regulation, any
proposed development which does not require an application to the Pinelands
Commission pursuant to (a) or (b) above or which is determined by the
Commission to be in conformance with this Plan pursuant to (c) above.
7:50-4.2 Pre-application conference; application requirements
(a) Pre-application conference.
1. Request: Any applicant for any application provided for in this
Plan may request an informal conference with the Executive Director
prior to filing an application. However, any applicant seeking
approval pursuant to the provisions of Part III of this subchapter is
encouraged to discuss the application with the appropriate officials
in the certified municipality prior to requesting a conference with
the Executive Director. All requests for a pre-application
46
You will note that the reconstruction of NONRESIDENTIAL structures (other than agricultural) that have been destroyed or demolished, is not one of activities exempted from their review.
I foresee a typical NJ convoluted cluster F of regulatory fun for the owners.
As I said earlier, the faster they move, the better.
PART 1-UNIFORM PROCEDURES
7:50-4.1 Applicability
43
(a) For the purposes of this subchapter only, the following shall not be considered
development except for development of any historic resource designated by the
Pinelands Commission pursuant to N.J.A.C. 7:50-6.154:
1. The improvement, expansion, or reconstruction within five years of
destruction or demolition, of any single family dwelling unit or appurtenance
thereto;
2. The improvement, expansion, construction or reconstruction of any structure
accessory to a single family dwelling;
3. The improvement, expansion, construction or reconstruction of any structure
used exclusively for agricultural or horticultural purposes;
4. The construction, repair or removal of any sign, except for the construction or
replacement of any off-site commercial advertising sign;
5. The repair of existing utility distribution lines;
6. The installation of utility distribution lines, except for sewage lines, to serve
areas which are effectively developed or development which has received all
necessary approvals and permits;
7. The clearing of less than 1,500 square feet of land;
8. The construction of any addition or accessory structure for any
non-residential use or any multi-family residential structure provided said
addition or structure will be located on or below an existing impermeable
surface and the existing use is served by public sewers and said addition or
structure will cover an area of no more than 1,000 square feet;
9. The demolition of any structure less than 50 years old;
10. The repair or replacement of any existing on-site waste water disposal
system;
11. The repaving of existing paved roads, provided no increase in the paved
width of said roads will occur;
12. The clearing of land solely for agricultural purposes;
13. Fences, provided no more than 1,500 square feet of land is to be cleared;
14. Above-ground telephone equipment cabinets;
15. Tree pruning;
16. The following forestry activities:
i. Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size;
ii. Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more
than five cords of wood are harvested from the entire parcel in any
one year;
iii. Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted; and
iv. Forest stand improvement designed to selectively thin trees and
brush, provided that no clearing or soil disturbance occurs and that
the total land area on the parcel in which the activity occurs does
not exceed five acres in any one year;
44
17. Prescribed burning and the clearing and maintaining of fire breaks;
18. Normal and customary landscape plantings, unless a landscaping plan is
required pursuant to N.J.A.C. 7:50-6.24; or
19. Agricultural resource extraction, provided that:
i. All of the removed soil remains in agricultural or horticultural use
within the Pinelands Area;
ii. No more than 2,000 cubic yards of soil per calendar year are
removed from any parcel; or
iii. No more than 20,000 cubic yards of soil per calendar year are
removed from any parcel and a Farm Conservation Plan, designed
in accordance with the United States Department of Agriculture,
Natural Resources Conservation Service New Jersey Field Office
Technical Guide, section 4, dated May 2001, incorporated herein
by reference, as amended and supplemented, is approved by the
Soil Conservation District and submitted to the Pinelands
Commission by the owner of the parcel, demonstrating that the
proposed resource extraction is for one of the following
agricultural purposes:
(1) Agricultural irrigation ponds;
(2) Blueberry/cranberry agriculture site preparation and
horticulture of other wetland species, provided the activity
is located on wetland soils or soil types that are somewhat
poorly drained or moderately well drained with a seasonal
high water table within 24 inches of the natural surface of
the ground, as defined in the applicable county soil survey,
published by the United States Department of Agriculture,
Natural Resources Conservation Service, as amended and
or supplemented; or
(3) The offsite removal of overlying soils to access underlying
sand for cranberry management practices, provided the
quantity of overlying soil removed offsite does not exceed
the quantity of underlying sand to be used for the
management practices listed in N.J.A.C. 7:50-6.55(a)4 and
the quantity of overlying soil removed offsite does not
exceed that reasonably necessary to provide access to
underlying sand to be utilized within a three year period.
(b) As of January 14, 1991, the provisions of this Plan shall apply to any proposed
development or portion thereof which received approval from the Pinelands
Commission pursuant to the Interim Rules and Regulations or which received
approval from the Pinelands Development Review Board and said approvals
expired as of that date or will expire subsequent to that date, without exception,
unless the requirements in (b)1, 2 and either 3 or 4 below have been met and
continue to be met:
1. All necessary municipal planning board or board of adjustment approvals
were obtained by January 14, 1991;
45
2. 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
3. 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
4. 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 Janauary 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.
(c) The Commission shall determine that an application for the improvement or
reconstruction of a single family dwelling or appurtenance thereto five years or
more after destruction or demolition of the single family dwelling is in
conformance with this Plan, provided the applicant demonstrates that:
1. The improvement or reconstruction does not involve a historic resource
designated by the Commission pursuant to N.J.A.C. 7:50-6.154;
2. The improvement or reconstruction is performed within 25 years of the
destruction or demolition of a single family dwelling unit or appurtenance
thereto;
3. The foundation of the demolished or destroyed single family dwelling unit is
intact, will be used for the development and will constitute the footprint of
the improvement or reconstruction; and
4. The destroyed or demolished building was a single family dwelling.
(d) Nothing herein shall preclude any local or state agency from reviewing, in
accordance with the provisions of any applicable ordinance or regulation, any
proposed development which does not require an application to the Pinelands
Commission pursuant to (a) or (b) above or which is determined by the
Commission to be in conformance with this Plan pursuant to (c) above.
7:50-4.2 Pre-application conference; application requirements
(a) Pre-application conference.
1. Request: Any applicant for any application provided for in this
Plan may request an informal conference with the Executive Director
prior to filing an application. However, any applicant seeking
approval pursuant to the provisions of Part III of this subchapter is
encouraged to discuss the application with the appropriate officials
in the certified municipality prior to requesting a conference with
the Executive Director. All requests for a pre-application
46
