NEW JERSEY REGISTER

Copyright © 2018 by the New Jersey Office of Administrative Law

 

VOLUME 50, ISSUE 5

 

ISSUE DATE: MARCH 5, 2018

 

RULE ADOPTIONS

 

 

ENVIRONMENTAL PROTECTION

PINELANDS COMMISSION

 

50 N.J.R. 969(a)

 

Adopted Amendments: N.J.A.C. 7:50-1.6, 1.7, 2.11, 3.24, 3.39, 4.1, 4.3, 4.15, 4.18, 4.19, 4.20, 4.22, 4.23, 4.25, 4.26, 4.35, 4.37, 4.38, 4.40, 4.41, 4.54, 4.66, 4.67, 4.74, 4.91, 6.75, 6.84, 6.85, 6.106, 7.3, 7.5, 10.21, 10.22, and 10.23

Adopted Repeals and New Rules: N.J.A.C. 7:50-6.107, 6.108, and 6.109

 

Pinelands Comprehensive Management Plan

 

Fees; Escrows; Definitions; Standards for Certification; Application Requirements and Procedures; Landfills; Water Quality; Signs; Petitions for Amendment; Pilot Program for Alternate Design Wastewater Treatment Systems

 

Proposed: September 18, 2017, at 49 N.J.R. 3075(a).

 

Adopted: December 12, 2017, by the New Jersey Pinelands Commission, Nancy Wittenberg, Executive Director.

 

Filed: February 1, 2018, as R.2018 d.089, with non-substantial changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3) and with the proposed amendments at N.J.A.C. 7:50-4.1(a)17, 4.53, 4.55, 4.56, 4.68, 4.73, 4.79, 6.64, and 9.7 not adopted.

 

Authority: N.J.S.A. 13:18A-6.j.

 

Effective Date: March 5, 2018.

 

Expiration Date: Exempt.

The New Jersey Pinelands Commission (Commission) is adopting new rules and amendments to Subchapters 1, General Provisions, 2, Interpretations and Definitions, 3, Certification of County, Municipal and Federal Installation Plans, 4, Development Review, 5, Minimum Standards for Land Uses and Intensities, 6, Management Programs and Minimum Standards, 9, Acquisition of Properties with Limited Practical Use, and 10, Pilot Programs, of the Pinelands Comprehensive Management Plan (CMP). The adopted amendments and new rules relate to fees, escrows, application requirements and procedures, public notice and mailing requirements, water quality standards, landfill closure, signs, and the Pilot Program for Alternate Design Wastewater Treatment Systems. The changes codify current Commission practice, clarify existing standards and requirements, increase the efficiency of the Commission and its staff, eliminate unnecessary application requirements, simplify procedures for the Commission, Pinelands municipalities and applicants, clarify the circumstances under which installation of an impermeable cap is not necessary for existing Pinelands landfills, allow for the use of advanced treatment technologies as a means of facilitating expansion of certain existing nonresidential uses, update and revise CMP sign standards, and recognize the successful participation of one alternate design wastewater treatment technology in a long-standing pilot program.

In association with publication of the proposed amendments and new rules in the September 18, 2017 issue of the New Jersey Register, the Pinelands Commission transmitted the notice of proposal to each Pinelands municipality and county, as well as to other interested parties, for review and comment. Additionally, the Pinelands Commission:

- Sent notice of the public hearing to all persons and organizations that subscribe to the Commission's public hearing registry;

- Sent notice of the public hearing and provided a copy of the notice of proposal to all Pinelands counties and municipalities, the health departments of all seven Pinelands counties, the alternate design wastewater treatment system vendors for technologies approved in the Pinelands Area, and other interested parties;

- Placed advertisements of the public hearing in the four official newspapers of the Commission, as well as on the Commission's own web page;

- Submitted the proposed amendments and new rules to the Pinelands Municipal Council pursuant to N.J.S.A. 13:18A-7.f;

- Distributed the proposed amendments and new rules to the news media maintaining a press office in the State House Complex; and

- Published a copy of the proposed amendments and new rules on its web page at www.nj.gov/pinelands.

 

Summary of Hearing Officer Recommendations and Agency Response:

A formal public hearing was held before the Commission staff on October 4, 2017. One person attended the hearing and provided oral testimony on the notice of proposal.

The public hearing was recorded on magnetic tape, which is on file at the Commission's office at 15 Springfield Road, New Lisbon, New Jersey. The record of this rulemaking is available for inspection in accordance with applicable law by contacting:

 

   Betsy Piner

   Pinelands Commission

   PO Box 359

   New Lisbon, NJ 08064

In addition to the oral testimony, the Commission received 669 written comments on the proposed amendments and new rules.

The hearing officer's recommendations are in accordance with the public comment and agency responses below.

 

Summary of Public Comments and Agency Responses:

The Commission accepted oral comments on the September 18, 2017 proposal at the above-discussed October 4, 2017 public hearing and written comments by regular mail, facsimile or e-mail through November 17, 2017.

The following individuals and organizations submitted comments:

1. Jean Q. Public

2. Mayor Chuck Chiarello, Buena Vista Township

3. Connie Herman

4. Roger Bynum

5. Laura Nesbitt

6. Charlotte Tomaszewski

7. Patricia Haines

8. Marko Capoferri

9. Kathy Antenar

10. Nancy Klein

11. Robert Bennett

12. Cheryl Baysal

13. Jeri Mower

14. Kevin Sparkman

15. Maria Scotto diCarlo

16. Norah English

17. Melissa Tomlinson

18. Michael McFadden

19. Kate Pourshariati

20. Cathy Patsco

21. Alina Taylor

22. Clayton Gashlin

23. Georgina Shanley

24. Greg Gates

25. Lisa Kruczek

26. Bill Brash, President, Board of Trustees, New Jersey Fire Safety Council

27. John Comella

28. Carroll Arkema

29. Holly McDonald

30. Chuck Graver

31. Hillary Persky

32. Patricia Mathis

33. Tom Harris

34. Frank DiDonato

35. David Steinberg

36. Paul Purcell

37. James Adams

38. Amy Hansen

39. Melissa Kendall

[page=970] 40. Joseph McConnell

41. Steven Fenster

42. April Redmond, Trustee, Tavistock Homeowners Association

43. Anthony DeStasio

44. Judith Kuhmichel, Chairperson, Country Walk of Lake Ridge Firewise Program

45. Horace Somes

46. William Edwards

47. Anne Carroll

48. Stephen Marshall

49. Barbara Milloy

50. Janet Fair

51. Moira Flynn, chairperson, Community Safety Committee, Four Seasons at Mirage, Barnegat

52. Denise Mackey

53. Manchester Township Council

54. Mayor Kenneth Palmer, Manchester Township

55. Kathleen Agolio

56. Edward & Elizabeth Lynch

57. Patrick Lenaghan

58. Betty Musetto

59. Horizons at Barnegat Firewise Committee

60. Diane Schlagel, President, Firewise Board of Brighton at Barnegat

61. P. Mondelli

62. Jay E. Mounier

63. Edward Walz, President, Board of Directors, Cedar Glen Lakes, Inc.

64. Barbara Trought

65. Robert R. Williams, Certified Forester, Pine Creek Forestry, LLC

66. Gordon Gross, Emergency Management Coordinator, Office of Emergency Management, Maurice River Township

67. Mayor Dudley Lewis, Washington Township

68. Atul Bhankharia

69. Aaron Cela

70. Monty Tilles

71. Linda Mikes

72. Joan Walters

73. Dawn Boughal

74. Anita Rosinola

75. Julia Cranmer

76. Joann Eckstut

77. Jo Ann Mcgreevy

78. Robert Candelmo

79. Charles ODonnell

80. Jazmene Smith

81. Caroline Binder

82. Ann Michalowski

83. Anita Kasbarian

84. Graham Ellis

85. Dennis Huyler

86. Bettina Hempel

87. Peter Lenshoek

88. Janis Todd

89. Gina Stagliano

90. Bonner Doemling

91. David Lawrence

92. Kathi Cooley

93. Marjorie Royle

94. Cheri Dzubak

95. Harriet Jernquist

96. Carol Lindsey

97. Izabela Lambert

98. Chris Hazynski

99. Irene Pendze

100. John Swanson

101. Jay Powell

102. Jeff Barton

103. Cori Bishop

104. Theresa Sapigo

105. Petr Khlyabich

106. Timothy Beitel

107. Susan Terris

108. Christopher D'Amato

109. Marilyn Weschselblatt

110. Nancy Feldman

111. Ronald Sverdlove

112. Aurelle Sprout

113. B. Fleitman

114. Nancy Keating

115. Arthur Anderson

116. Mary Loielo

117. James Merlo

118. Hennessy Hennessy

119. Joseph Attamante

120. Dale Smith

121. Robert Rader

122. Arlene Aughey

123. Dorothy Jackson

124. Jay Hendra

125. Jane Dineen

126. Jeffrey Rattner

127. Jeanne Out

128. Tara Cruser-Moss

129. Ae Petrilla

130. Jenny Ludmer

131. Chris Scholl

132. Barbara Darvin

133. Guy Harris

134. Louis Dallara

135. Rozina Barker

136. JosephPorter

137. Justin Kaluza

138. Tabernacle Township Committee

139. William Hague

140. Shawn Cutts, President, American Cranberry Growers Association

141. John Drew

142. Sam Mufalli

143. Alice Golin

144. Donald Cramer

145. Helene Matthews

146. Ibn-Umar Abbasparker

147. James Shea

148. Joseph Braun

149. Marian Reiff

150. William Frantz

151. Charles Davis

152. Clive Smith

153. Jean Publee

154. James Tomczyk

155. Mike Simonet

156. Leonard Berkowitz

157. Katherine Smith, Dr. Ryan Rebozo and Dr. Emile DeVito, Pinelands Preservation Alliance

158. Don Vonderschmidt

159. Warren Tuttle, Sr.

160. David Vanek

161. Judith Arik-McGrail andTimothy McGrail

162. Heather John

163. Margaret Wianecki

164. Esterina Bodarky

165. Ruth Boroshok

166. Gina Megay

167. Lascinda Goetschius

168. Jutta Von Sivers

169. Steve Gross

170. James Angley

171. Sandy Pelland

172. Tom Murray

[page=971] 173. Elaine Goodman

174. Sharon Sauro

175. Marion Chayes

176. Kathy Hart

177. Terry Edlefsen

178. Lisa Blume

179. Aaron Kirtz

180. Matthew Garvin

181. Rhoda Lewis

182. Brian de Castro

183. Stewart and Barbara Carr

184. Kelly Riley

185. Candace Bassat

186. Olga Vannucci

187. Christopher Carlin

188. Keating, C

189. Sherry Gordon

190. Richard Anscher

191. John Wheeler

192. David Fritsche

193. Peter Burval

194. Paul Lerman

195. Richard Kelly

196. Brian Schranz

197. Robert Barrett

198. Carol Joseph

199. Glenn and Meg Turner

200. Paul Riley

201. Patricia Munn

202. Bruce Gordon

203. Rui Moreira

204. David Snope

205. Glenn Novak

206. Robert McPherson

207. Stephanie Eckert

208. Leora Broche

209. Richard Riggs

210. Gregory Rosmaita

211. Susan Tull

212. David Kaplan

213. Robert Szuter

214. Mark Canright

215. Michael Dawson

216. Lee Johnson

217. Carmen Dinescu

218. Stan Hershey

219. Karen Hauck

220. Wayne Strelecki

221. Kelley Nelson

222. Donna Pfeffer

223. Debra Johnson

224. Daniel Kurz

225. Frances Benson

226. Jeffrey Howell

227. Marie Street

228. MaryAnn Muscavage

229. Joseph Basralian

230. James Golden

231. Susan Chenelle

232. Mariusz Dziewulski

233. Carl Ford

234. Zorina Weber

235. Merelyn Dollins

236. Joseph Pylka

237. Sherry Taylor

238. Peter Ingerman

239. Margaret Bordak

240. Joseph Brigandi

241. Iris Block

242. Christine Balint

243. Alan Harwick

244. Diane Geary

245. Corey Schade

246. George Chernetz

247. Joyce Milinowicz

248. Kenneth Grosso

249. David Briede

250. Brooke Harris

251. Gail Andrews

252. Diane Bynum

253. Christina Perella

254. Karen Abel

255. Julie von Uffel

256. Julian Madison

257. Pete Mooney

258. M Sidey

259. Eleanor Liggio

260. Eugene Gorrin

261. Kerry Heck

262. John Bruce

263. Julie Aronson

264. Jackie Garwin

265. Maureen Levier

266. Helen Hamilton

267. Gregory Gates

268. Rosemary Topar

269. Joseph Matar

270. Walter Tulys

271. Tom Beatini

272. Renee Simone-Wiley

273. Gertrude Glazer

274. Dorian Charles

275. Donald White

276. Glenn Welsh

277. Bonnie Bayardi

278. Jean Kuhn

279. Ismael Rodriguez

280. Gairda Jensen

281. Jann Jasper

282. M March

283. H Cunningham

284. James Macaluso

285. Walt Anen

286. Sue Vanleeuwen

287. Shawn Liddick

288. Paul Lucas

289. Sandra Gordon

290. Kevin Kimmel

291. Michele Richards

292. Elsie Polsenski

293. Barbara Nyce

294. Charles Avatar

295. Betsy Hays Gatti

296. Ken Burkhardt

297. John Schreiber

298. Kate Gibbons

299. Margaret Yelenik

300. George Hurst

301. Steven Villani

302. Michael DiGiore

303. Linda Franklin Dreker

304. Stephen Piotrowski

305. Susan Covert

306. Miriam MacGillis

307. David Caccia

308. Matty Giuliano

309. Carl Casella

310. Ginger Mc Rae

311. Joseph Fysz

312. William Roller

[page=972] 313. Jay Steele

314. Matthew Di Clemente

315. Jason Bladzinski

316. Donna O'Leary

317. Margaret Mitchell

318. Felicia Lewis

319. Karen McGuinness

320. Kathleen Maher

321. Denise Summer

322. Lynn Mignola

323. Francie Goldstein

324. Patricia Martinelli

325. Gilda Dibenedetto

326. Nicholas Homyak

327. Sally Warner

328. Matthew Franck

329. MaryJo Kenny

330. William Diviney

331. Robert Veralli

332. Myron Rosenberg

333. Bruce Revesz

334. David Fisher

335. Wayne Jablonski

336. Beth Toussaint

337. Charissa Murray

338. Ann Tung

339. Lynnette Krueger

340. Leslie Lanphear

341 Eileen Corbett

342. Penny Bannister

343. Susan Hamann

344. Susan Godoy

345. Stephen V. Lee, III, President, Lee Brothers, Inc.

346. Jennifer Parisi

347. Tracey Tronolone

348. Jarrett Cloud

349. Dianne Swensen

350. Andrea Hall

351. Jack Spector

352. Rich McFeeters

353. David Schatanoff

354. Marcia Aronoff

355. Jill Arbuckle

356. Michael Gallaway

357. Robert Garcia

358. Betsy Barrett

359. Teresa Brown

360. Paul Petto

361. Lynn Roberts

362. Greg Krawczyk

363. Marco Palladino

364. Richard Reeves

365. Nancy Newcomer

366. Ruth H Varney

367. Louis Ginsburg

368. Lawrence Hoffman

369. Patricia Soteropoulos

370. Lisa Quartararo

371. Virginia & George Breza

372. Nancy Yarnall

373. Donna Nina

374. Kathi Lombardi

375. Carol Kuehn

376. John Bradford

377. Mark van Rossen

378. Martin Judd

379. Helen Schafer

380. Debra Miller

381. John Muits

382. Catherine Kuzma

383. Robert Smith

384. Thomas Koven

385. Patricia Castine

386. Roger Johnson

387. Elizabeth Bates

388. Jacob Johnson

389. Melanie Murphy

390. Leland Montgomery

391. Deborah Martin

392. Fran Ransom

393. Raphael Wolfson

394. Marta Garcia

395. Pamela Shuman

396. Patricia Nardone

397. Florence Wohl

398. Suzanne Hutter

399. Daniel Weinberger

400. Donald Widmyer

401. William Welkowitz

402. Gibson Reynolds

403. George Gallagher

404. Bonnie Hall

405. Colleen Loughran

406. Jim Van Arsdale

407. Janine Nichols

408. Tracy Foster

409. Thomas Bauer

410. Jeanette Gallagher

411. Marylis Saltzmann

412. Damian Velez

413. Jonathan Rosenblatt

414. Chris Stock

415. Patrica Guthrie

416. Robert Keller

417. Janice Dlugosz

418. Stuart Way

419. Meredith Kates

420. Nicole Scott-Harris

421. Jacob Pease

422. Linda McKillip

423. Harry Hudson

424. Jerry Rivers

425. Sharyn Magee

426. James Hemm

427. Marvin Feil

428. Barbara Spector

429. Sandra Garcia

430. C. Ortiz

431. Thomas Cahill

432. Jo Legg

433. Adam Gross

434. Phyllis Fast

435. Kenneth Maskell

436. Thomas Gillen

437. Amy Steinberg

438. Heidi Hess

439. Erica Johanson

440. Jason Ksepka

441. Lynn Gale

442. Pete Dershimer

443. Elizabeth Guimes

444. Naomi Lonergan

445. Jessica Anderson

446. Victoria Mack

447. Gennaro F. DeLucia

448. Deborah Bianco

449. Jeanne Rothwarf

450. Richard Puglisi

451. Mitzi Deitch

452. Kathy Pippen

[page=973] 453. John Teevan

454. MJ Cittadino

455. Mekala Ravishankar

456. Justin Powell

457. Brian Moscatello

458. Debbie Smith

459. George Bourlotos

460. John Pasqua

461. Pat Foltz

462. Deirdre Evangelista

463. Phillip Desousa

464. John Rech

465. Takako Ishii-Kiefer

466. Darvin Schild

467. Wayne Goldsboro

468. Joann Ramos

469. Jack Schwartz

470. Daniel D'Auria

471. Scott Bruinooge

472. Kathleen Metzger

473. Lara Richards

474. Paul Bartholomew

475. Kathy Aprile

476. Lorraine Brabham

477. David Herbert

478. Rhoda Ondov

479. Patrick Mulligan

480. Jennifer Bulava

481. Heather Bollwark

482. Linda Mack

483. Margaret Woo

484. John Bryans

485. Jacqueline Eliopoulos

486. Jim Miller

487. Kris Smalley

488. Denise Lytle

489. Frank Ferguson

490. Dolores Danks

491. Roland Patterson

492. Sean Derman

493. Curt Baker

494. Marya Parral

495. Ruth Coop

496. Judith Bennis

497. Maureen Neville

498. Kevin Bolembach

499. David Hubbard

500. Marie Keegan

501. Brian Reynolds

502. Cathy Cappiello

503. Sean Ebersole

504. Gregory Miller

505. Janice Buchalski

506. William J Bolen

507. Joan Maccari

508. Timothy Rolle

509. Michael Shakarjian

510. Susan Clark

511. Nicholas Bertram

512. Bryan Mitchell

513. Richard Watson

514. Robert Kwiecinski

515. Jim Kerner

516. Peter Green

517. Christine Mueller

518. Nichole Diamond

519. Jean Parsons

520. John D'Agostino

521. Heidi West

522. Natalie Weiss

523. Morgan Clark

524. Meredith DiMeola

525. Susan Shapiro

526. Teresa Petersen

527. Ashley Farreny

528. Charles Mcghee Hassrick

529. Dan Tollinchi

530. G Derner

531. Katharine Larocca

532. Catharine Flaherty

533. Christopher F. Vota

534. Felice Schlesinger

535. Joshua Noreuil

536. Murugan Elu

537. Meg Sleeper

538. Janice Ewertsen

539. Robert Carnevale

540. Lyle Finocchiaro

541. Mihaela Dinu

542. Edward Brigante

543. Karen Snow

544. Karen Pepe

545. Grace Ramus

546. Lauren Morse

547. Carol Meyer

548. Susan Warner

549. Adam Copestick

550. Linda Elsenhans

551. Mike Albar

552. Natalie Szuter

553. Benito Leon

554. Ann Plaisted

555. Brenda Carmichael

556. Andrea Bonette

557. Keith Megay

558. Kyle Bracken

559. Robert Hartman

560. Anu Hansen

561. Peter McCarthy

562. Arlene Griscom

563. Richard Boornazian, Assistant Commissioner, Natural and Historic Resources, New Jersey Department of Environmental Protection

564. L. Helaudais

565. Susan Samtak

566. Jane Flanagan

567. Marjorie Woodward

568. Al Chazin

569. Len Wassum

570. Bernadette Tourtual

571. Maureen Crowley

572. Doris Jackson

573. Patricia Daly

574. Karen Taylor-Ogren

575. Lauren Beglin

576. Shiela Mitchell

577. Elizabeth George-Cheniara, Esq., Vice President of Regulatory and Legal Affairs, New Jersey Builders Association

578. Gerald Reisner

579. Rita Sheehan

580. Stuart and Fran Brooks

581. Mary Hamilton

582. Susan Holland

583. Theodore Chase

584. Rosemary Doherty

585. Judith Navetta

586. Gerald and Ann Williams

587. Shawn Sori

588. James Rowley

589. Dan Vitelli

[page=974] 590. Alexander Hall

591. Bruce Smith

592. Loretta Aja

593. Jean Strickholm

594. David Approvato

595. Katherine Yvinskas

596. Alice Edgerton

597. Mercedes Dotter

598. Peggy Barbella

599. Mary Ann Cernak

600. Belinda Caraballo

601. Bill Simmons

602. Rita Thompson

603. Melissa Glick

604. Frank A. Brincka

605. Township of Ocean

606. Bethany Sattur

607. John Rossi

608. Jan Lilly

609. Kim Sellon

610. Dawn Canna

611. Ruby Weeks

612. Patricia Guida

613. Kathleen Huffman

614. Dionne Polk

615. Karen Kent

616. Andrew Levin

617. Marie Leithauser

618. Hyun Chul Kim

619. Jennifer Jacoppo

620. Carol Paszamant

621. Galen Preble, Trustee and Treasurer, Whiting Village at Crestwood

622. Elizabeth Brown

623. Krista Florin

624. Tom Conklin

625. Ellen Hochberger

626. Reshma Mongia

627. South Jersey Quail Project

628. D. Janszky

629. Brian Murray

630. George Schaefer

631. Tracy Carcione

632. Ian Whelan

633. Albert McComas, Board President, Country Walk of Lake Ridge

634. Amy Price

635. Mike Anderson

636. Cindy Kerekes

637. Donna Yavorsky

638. Hugh Carola

639. Rich Paterson

640. Chris Arney

641. Senator Christopher J. Connors

642. Douglas Cramer, Cramer & Son

643. Mark Villinger, Supervising Planner, Ocean County Planning Board

644. William J. Cutts, Cutts Brothers, LLC and Wading River Cranberries, LLC

645. Peter J. Furey, Executive Director, New Jersey Farm Bureau

646. Dawn Gabriel

647. Claire Whitcomb

648. Ellen Bleidorn

649. Lauren Gonnella

650. Patty Wysong

651. Kate Schumacher

652. Athenia Ibragimov

653. Robert Deems

654. Gary Gentert

655. Anthony Ivankovic

656. David J Pustizzi Sr

657. Linda Williams

658. Lance Lacoff

659. Robert Graver

660. Joan detyna

661. Tatiana Durbak

662. Susan Farro

663. Linda O'Donnell

664. Dawn Zelinski

665. Marie Curtis

666. Jen Perlaki

667. Margaret M. Burns

668. Jerry Balabanian

669. Dave Maynard

The Commission's detailed response to the comments is set forth below. The numbers in parentheses after each comment correspond to the list of commenters above.

 

Application Fees (N.J.A.C. 7:50-1.6)

1. COMMENT: The commenter suggested that the Commission immediately increase its development application fees by 1,000 percent, as a means of reducing the amount of development occurring in the Pinelands. (1)

RESPONSE: The proposed amendments to N.J.A.C. 7:50-1.6 increase most application fees by 25 percent. The Commission believes this is an appropriate increase, given application fee revenue and the costs incurred by the Commission to review and act on development applications.

2. COMMENT: The commenter stated that off-road vehicle events, for which an application fee is required, should be prohibited in the Pinelands due to their impacts on wildlife. (1)

RESPONSE: The proposed amendments to N.J.A.C. 7:50-1.6(c)1 increase application fees for off-road vehicle events from $ 5.00 to $ 6.25 per mile of the route proposed. The question of whether or not such events should be allowed in the Pinelands Area is not the subject of the current rulemaking effort.

3. COMMENT: The commenter stated that all solar energy facilities should be located on the roofs of building, rather than on the ground, so that land may be retained in its natural state. (1)

RESPONSE: The proposed amendments to N.J.A.C. 7:50-1.6(c)9 merely adopt specific fees for development applications involving solar energy facilities. The location of such facilities and the standards that apply to their development are not the subject of this rulemaking effort.

4. COMMENT: The commenter expressed support for the application fee amendments but raised concerns with any requirement for fees related to pre-application conferences, particularly as they might involve applications for general development plan approval in accordance with N.J.A.C. 7:50-1.6(l). (577)

RESPONSE: The Commission appreciates the support of the commenter. The Comprehensive Management Plan has never required fees for pre-application conferences, which are meetings between property owners, potential applicants, and Commission staff to discuss possible development projects. The amendments do not impose fees for pre-application conferences, regardless of the type of development or application being proposed.

 

Definitions (N.J.A.C. 7:50-2.11)

5. COMMENT: The commenter supported the change in definition from "interested person" to "interested party." (577)

RESPONSE: The Commission appreciates the expression of support; however, as noted in the Response to Comment 6, the Commission is not adopting the proposed amendment to the definition.

6. COMMENT: Numerous commenters objected to the change in definition from "interested person" to "interested party" at N.J.A.C. 7:50-2.11, stating that use of the amended definition will limit the rights of Pinelands homeowners and business owners. These commenters submit that the current definition in the CMP allows individuals to intervene if their properties or activities would be genuinely impacted by a Commission action, and should, therefore, remain unchanged. The commenters state that the proposed new definition fails to describe who is actually considered an interested party. The commenters assert that the [page=975] amendments contradict the Commission's mandate to encourage maximum public participation, particularly as it is expressed in Section 502 of the National Parks and Recreation Act of 1978, Pub.L. 95-625 (16 U.S.C.§ 471i(f)) (3 through 18, 20 through 25, 27 through 41, 47, 48, 49, 50, 52, 57, 58, 61, 64, 68 through 137, 139, 141 through 344, 346 through 562, 564 through 576, 578, 579, 581 through 604, 606 through 620, 622, 623, 624, 625, 626, 628, 629, 630, 631, 632, 634 through 640, and 646 through 669)

RESPONSE: The proposed amendments to the definition of "interested person" at N.J.A.C. 7:50-2.11 and to the procedures at N.J.A.C. 7:50-4.19(b), 4.25(b), 4.37(b), 4.55, 4.68, 4.73(d), 4.79, 4.91(a) and (b), 6.64(a)2v, and 9.7, were the Commission's much-delayed response to the 1993 amendments to the Administrative Procedure Act, which curtailed third-party adjudicatory hearing rights and withdrew the authority of State agencies to confer a right to an adjudicatory hearing to third parties by rule or regulation. The Commission has determined that further analysis of a potential Federal issue is advisable and is, therefore, not adopting any changes to the definition of "interested person" at this time. Likewise, the term "interested party" will not be changed in the procedural requirements set forth at N.J.A.C. 7:50-4.19(b), 4.25(b), 4.37(b), 4.55, 4.68, 4.73(d), 4.79, 4.91(a) and (b), 6.64(a)2v and 9.7.

 

Application Exemptions (N.J.A.C. 7:50-4.1)

7. COMMENT: A number of organizations and individuals objected to the proposed amendments to the exemption for prescribed burning and the creation and maintenance of fire breaks at N.J.A.C. 7:50-4.1(a)17. These commenters cited a number of reasons for their objections, including concerns with air pollution, public safety, application fees, administrative procedures, and increased workload for the Commission staff. Specific objections were raised to the proposed six-foot threshold at which clearing for a new fire break would require application to the Commission, with many commenters suggesting that the threshold should be increased to anywhere from 10 to 200 feet. A number of commenters warned that the imposition of application fees and procedures could lead to decreased prescribed burning in the Pinelands, as well as decreased maintenance and fewer fire breaks, which in turn will create public safety issues. Many of the commenters encouraged the Commission to abandon the proposed amendment completely while others asked that the Commission delay adoption of the amendment until such time as consultation with appropriate agencies (such as the New Jersey Forest Fire Service) has occurred. (26, 42, 43, 44, 45, 46, 51, 53, 54, 55, 56, 59, 60, 62, 63, 65, 66, 67, 138, 140, 157, 345, 563, 580, 605, 621, 627, 633, 641, 642, 643, 644, and 645)

RESPONSE: The volume of comments received on this application exemption clearly indicate that prescribed burning and the creation of fire breaks in the Pinelands Area are of significant concern. It is also clear from the public comments that these practices are far more widespread than the Commission was previously aware, particularly on privately owned properties and in association with agricultural uses. The Commission recognizes the importance of affording adequate time and effort to address this issue and is, therefore, not adopting the proposed amendments to N.J.A.C. 7:50-4.1(a)17 at this time. Instead, the Commission will engage all stakeholders to discuss the issue and assist in developing an amended application exemption to be incorporated in a future rule proposal.

 

Public Hearings (N.J.A.C. 7:50-4.3)

8. COMMENT: The commenter stated that the Commission needs to continue to hold public hearings, so that all can voice their concerns and take an interest in protecting nature and the future. (19)

RESPONSE: The amendments do not in any way curtail the public hearing requirements of the CMP. Rather, they merely require the Commission to post hearing notices on its website, in addition to publication in the newspaper and distribution to various individuals and governmental agencies, and shift the responsibility for notice of certain hearings from applicants to the Commission. Any matter for which the CMP required a public hearing prior to the adoption of these amendments will continue to require a hearing.

 

Notice and Report Requirements (N.J.A.C. 7:50-4.19, 4.20, 4.22, 4.23, 4.25, 4.26, 4.37, 4.40, and 4.41)

9. COMMENT: Numerous commenters objected to the elimination of the requirements at 7:50-4.19(b) and (c), 4.20(a), 4.22(b), 4.23, 4.25(c), 4.26(a), 4.37(b) and (c), 4.40(b), and 4.41, that call for the Commission to provide notices to individuals who participate in the local (municipal) approval process for a development project in the Pinelands Area. These commenters stated that they can more easily voice their concerns to their municipal officials than to the Commission. The commenters stated that they do not have time to monitor the activities of the Commission, largely because the Commission meets during the day and the agency's headquarters are "difficult to get to." They suggested that notifying individuals who participated in the local approval process is reasonable and helpful to the Commission. The commenters submitted that elimination of these notice requirements will discourage public participation. (3 through 18, 20 through 25, 27 through 41, 47, 48, 49, 50, 52, 57, 58, 61, 64, 68 through 137, 139, 141 through 344, 346 through 562, 564 through 576, 578, 579, 581 through 604, 606 through 620, 622, 623, 624, 625, 626, 628, 629, 630, 631, 632, 634 through 640, and 646 through 669)

RESPONSE: The amendments revise the provisions set forth at N.J.A.C. 7:50-4.18(d)7 and 4.35(d)7 that local approval agencies must meet when providing notice to the Commission of certain approvals. Approval agencies will no longer be required to include in such notices the names and mailing addresses of the individuals who testified or otherwise participated at a municipal planning, zoning, or land use board meeting where an application for development in the Pinelands Area was heard.

The amendments make similar revisions to the notice requirements at N.J.A.C. 7:50-4.19(b) and (c), 4.20(a), 4.22(b), 4.23, 4.25(c), 4.26(a), 4.37(b) and (c), 4.40(b), and 4.41, which the Commission must follow when the Executive Director reviews a local approval and makes a determination as to its consistency with the CMP. The Commission will no longer be required to mail notices of such determinations to the individuals identified by the municipality as having actively participated at a local board meeting. The Commission will, however, continue to provide notice to individuals who have submitted information to the Commission on a particular development application and to those individuals who have requested a copy of the Executive Director's determination. In addition, the Commission will continue to provide notice to all individuals, organizations, and agencies that have registered pursuant to N.J.A.C. 7:50-4.3(b)2i(2) to receive notice of all public hearings and determinations by the Executive Director on development applications.

The Commission disagrees that the amendments will curtail or otherwise negatively affect public participation. The amendments merely eliminate an inefficient and ineffective notice provision, one that may have made sense when the CMP was adopted in 1980, but is no longer necessary given today's technology. Ample opportunities remain for individuals concerned with development projects in the Pinelands Area to register their concerns directly with the Commission and receive notification of the Executive Director's determinations. Attendance or testimony at a Commission meeting is not required; rather, an e-mail or phone call to the Commission will suffice.

The Commission also maintains a website that contains status reports on all active applications for development in the Pinelands Area. Reports on active public development applications and requests for waivers of strict compliance are updated daily. An updated status report on all development applications with recent activity is posted every week. These status reports are available to the public 24 hours a day, seven days a week. In a matter of minutes, anyone who is concerned with a particular application can identify its status and simply call or e-mail the Commission for more detailed information and/or request to receive notice of future Commission actions on that application.

 

Water Quality (N.J.A.C. 7:50-6.84)

10. COMMENT: The commenter supported the amendments at N.J.A.C. 7:50-6.84(a)5iii that allow use of advanced wastewater treatment systems for the expansion and improvement of certain existing businesses in the Pinelands Area. (2)

[page=976] RESPONSE: The Commission appreciates the support of the commenter and hopes the amendment will be of benefit to existing businesses in the more rural portions of the Pinelands Area.

 

Septic management (N.J.A.C. 7:50-6.85)

11. COMMENT: The commenter supported the amendments at N.J.A.C. 7:50-6.85 that refer to, and rely on, the Department of Environmental Protection's septic management requirements. (577)

RESPONSE: The Commission appreciates the support of the commenter.

 

Alternate Design Treatment Systems Pilot Program (N.J.A.C. 7:50-6.84, 10.21, 10.22, and 10.23)

12. COMMENT: The commenter supported the amendments at N.J.A.C. 7:50-10.21, 10.22, and 10.23 that release the FAST wastewater treatment system from the Alternate Design Treatment Systems Pilot Program in recognition of the system's success in meeting CMP water quality standards for residential development. (577)

RESPONSE: The Commission appreciates the support of the commenter.

 

Miscellaneous

13. COMMENT: The commenter stated that affordable housing should be provided outside the Pinelands, in other portions of the State. (1)

RESPONSE: The opinion of the commenter is noted; however, none of the proposed amendments or new rules relate to the provision of affordable housing.

14. COMMENT: The commenter complained about the actions of certain Federal representatives and officials with respect to the Paris Climate Change agreement and the future of the planet. The commenter stated that such officials and the Commission should say no to all pipelines. (407)

RESPONSE: The opinion of the commenter is noted; however, none of the proposed amendments or new rules relate to these matters.

 

Summary of Agency-Initiated Changes:

The Commission is correcting publication errors made during the processing of the proposed amendments. Specifically, references to "Pinelands villages" in N.J.A.C. 7:50-6.108(a)4iii and "Pinelands towns" in N.J.A.C. 7:50-6.108(a)4ii and iii and (a)5 are being replaced with "Pinelands Villages" and "Pinelands Towns." This correction, which merely replaces lower case letters with upper case letters, will make clear that the rules refer to specific Pinelands management areas, as established and delineated in N.J.A.C. 7:50-5, rather than entire municipalities, towns, or villages.

 

Federal Standards Analysis

Section 502 of the National Parks and Recreation Act of 1978 (16 U.S.C. § 471i) called upon the State of New Jersey to develop a comprehensive management plan for the Pinelands National Reserve. The original plan adopted in 1980 was subject to the approval of the United States Secretary of the Interior, as are all amendments to the plan.

The Federal Pinelands legislation sets forth rigorous goals that the plan must meet, including the protection, preservation, and enhancement of the land and water resources of the Pinelands. The adopted amendments are designed to meet those goals by providing an opportunity for water quality improvements through the use of advanced waste water treatment systems. The other amendments and new rules may be categorized as clarifications or largely procedural in nature.

There are no other Federal requirements that apply to the subject matter of these amendments.

 

Full text of the adopted amendments and new rules follows (additions to proposal indicated in boldface with asterisks *thus*; deletions from proposal indicated in brackets with asterisks *[thus]*):

 

SUBCHAPTER 1.    GENERAL PROVISIONS

 

7:50-1.6     Fees

 

(a) Except as provided in (a)1 and 2 below, all applications required or permitted by any provision of this Plan shall be accompanied by a nonrefundable application fee of $ 250.00 or a fee calculated according to the fee schedule set forth in (b) through (l) below, whichever is greater. No application filed pursuant to this Plan shall be reviewed or considered complete unless all fees required by this Part have been paid and any escrow required pursuant to N.J.A.C. 7:50-1.7 has been submitted.

 

1.-2. (No change.)

 

(b) The application fee for a residential development application submitted pursuant to N.J.A.C. 7:50-4.14, 4.33, 4.52, or 4.66 shall be calculated as follows:

 

1. There shall be a $ 250.00 fee for a residential development consisting of one unit or one lot; and

 

2. The fee for all other residential developments shall be calculated based on the number of proposed dwelling units or lots, whichever is greater, including those to be utilized for stormwater facilities, open space, recreational facilities, or other accessory elements of a residential development, according to the following:

 

i. $ 250.00 per dwelling unit or lot for the first four units or lots;

 

ii. $ 281.25 per dwelling unit or lot for units/lots five through 50;

 

iii. $ 156.25 per dwelling unit or lot for units/lots 51 through 150; and

 

iv. $ 125.00 per dwelling unit or lots for units/lots in excess of 150.

 

(c) The application fee for a commercial, institutional, industrial, or other non-residential development application submitted pursuant to N.J.A.C. 7:50-4.14, 4.33, 4.52, or 4.66 shall be calculated in accordance with the following, based on typical construction costs, except as provided in (c)1 through 9 below: Typical construction costs shall include all costs associated with the development for which the application is being submitted, including, but not limited to, site improvement and building improvement costs, but shall not include interior furnishings, atypical features, decorative materials or other similar features.

 

 

 

 

Construction

 

Cost

Required Application Fee

 

 

$ 0 - $ 500,000

1.25 percent of construction costs

 

 

$ 500,001 -

$ 6,250 + one percent of construction costs above

$ 1,000,000

$ 500,000

 

 

Greater than

$ 11,250 + 0.75 percent of construction costs above

$ 1,000,000

$ 1,000,000

 

 

 

 

Supporting documentation of the expected construction costs shall be submitted as part of the application for development, unless the maximum fee pursuant to (e)4 below is required, in which case no such documentation shall be necessary.

 

1. For an off-road vehicle event conducted in accordance with N.J.A.C. 7:50-6.143(a)4, the fee shall be $ 6.25 per mile, or portion thereof, of the route proposed;

 

2. For a forestry application or renewal application, submitted pursuant to N.J.A.C. 7:50-6.43(b) or (c), for forestry activities involving 10 or more acres, the fee shall be $ 6.25 per acre, or portion thereof, that is subject to the forestry activities;

 

3. For the development of a golf course, the fee shall be $ 187.50 per acre, or portion thereof, devoted to the golf course facility, including, but not limited to, the golf course and associated forested areas, club house, putting greens, driving range, parking areas, locker rooms, and accessory buildings, such as rest rooms, maintenance buildings, and other recreational areas depicted on the site plan submitted as part of the application. All areas associated with the planning, construction, operation, or maintenance of a golf course facility, including those areas not directly associated with golfing or a recreational activity, must be included in the acreage used to calculate the applicable application fee for the development of a golf course;

 

4. For a proposed linear development, the application fee shall be $ 187.50 per acre, or portion thereof, of all land included in the right of way of the proposed linear development project and all land located outside of the right of way that will be disturbed as part of a linear development project. "Linear development" means land uses such as roads, railroads, sewerage, and stormwater management pipes, gas and [page=977] water pipelines, electric, telephone, and other transmission or distribution lines, which have the basic function of connecting two points, the rights-of-way therefor, and any accessory structures or uses directly associated therewith. For purposes of this section, linear development shall not include residential, commercial, office or industrial buildings, improvements within a development such as utility lines or pipes, bridges, or internal circulation roads;

 

5. For a resource extraction permit application or permit renewal application, the application fee shall be $ 1,875 plus $ 37.50 per acre to be mined, or portion thereof, within each permit period;

 

6. For a change of use with no additional development or a home occupation, the application fee shall be $ 250.00;

 

7. For an application for a subdivision or resubdivision only, with no other development, the application fee shall be calculated according to the formula in (b)2 above, based on the total number of lots that will exist following the subdivision or resubdivision regardless of the number of lots that existed prior to the subdivision;

 

8. For the demolition of a structure 50 years or older, the fee shall be $ 250.00; and

 

9. For the development of a solar energy facility, the fee shall be $ 1,500 plus $ 500.00 per acre of land to be developed, or portion thereof, including any off-site development.

 

(d) (No change.)

 

(e) The application fee required at the time of submission of a development application in accordance with (a) through (d) above or (f) below shall:

 

1. Be increased by $ 3,125 if an individual on-site septic system is proposed pursuant to N.J.A.C. 7:50-6.84(a)5iv(2)(I) or (3);

 

2.-3. (No change.)

 

(f) An application fee in accordance with (a) through (d) above shall be submitted for an application where a certificate of filing, a certificate of completeness, or a public development approval has not been issued pursuant to N.J.A.C. 7:50-4.34, 4.15, or 4.56 and either no direct activity in furtherance of the Commission's application process has occurred for a period of two years or there has been a significant or material change in the proposed development that is the subject of the application.

 

(g) (No change).

 

(h) The fee for a Letter of Interpretation or Amended Letter of Interpretation submitted pursuant to N.J.A.C. 7:50-4, Part VI, shall be determined according to the following:

 

1. There shall be no fee for a Letter of Interpretation involving the allocation of Pinelands Development Credits except for an Amended Letter of Interpretation requested within five years of issuance of the original Letter of Interpretation, in which case the fee shall be $ 250.00 plus $ 6.25 per acre of land for which the amended allocation is requested; and

 

2. The application fee for any other Letter of Interpretation or Amended Letter of Interpretation shall be $ 250.00.

 

(i) The application fee for the review and processing of a request for a letter stating information that is available in a municipal land use ordinance or stating other information readily available to the public from a source other than the Pinelands Commission shall be $ 250.00.

 

(j) The application fee for an Amended Certificate of Filing, Amended Certificate of Completeness, or amended public development approval shall be $ 250.00 or 10 percent of the original permit fee, whichever is greater, with a maximum fee of $ 3,750. If a request for an Amended Certificate of Filing, Amended Certificate of Completeness, or amended public development approval is submitted more than five years following the issuance of the original Certificate of Filing, Certificate of Completeness, or public development approval, the fee shall be calculated as if a new application had been submitted.

 

(k) (No change.)

 

(l) The application fee for a Certificate of Filing or Certificate of Completeness associated with an application for general development plan approval in accordance with N.J.S.A. 40:55D-45.3 shall be one-half of the estimated application fee calculated in accordance with (b) through (d) above. The remainder of the application fee, adjusted as necessary to reflect any changes from the general development approval, shall be due upon submission of any subsequent applications for individual phases of the development, each of which shall require a new Certificate of Filing or Certificate of Completeness.

 

7:50-1.7     Escrows

 

(a) Notwithstanding any other provision of N.J.A.C. 7:50-1.6, the Executive Director may request an escrow for development applications or other matters pending before the Commission that involve complex issues which, either because of the need for specialized expertise, necessitate the retention of consultants to assist in the Commission's review, or will require considerable staff review or unusual expenditures, including costs associated with specialized software, equipment, facilities, or services. Should the Executive Director determine that an escrow is necessary:

 

1. (No change.)

 

2. Monies submitted pursuant to (a)1 above shall be held in an escrow account and shall be used by the Commission to reimburse any costs it incurs pursuant to (a) above. In the case of an escrow for an intergovernmental memorandum of agreement authorized pursuant to N.J.A.C. 7:50-4.52(c)2, monies submitted shall also be used for developing, implementing, and monitoring such agreement;

 

3.-7. (No change.)

 

(b) (No change.)

 

SUBCHAPTER 2.    INTERPRETATIONS AND DEFINITIONS

 

7:50-2.11   Definitions

 

When used in this Plan, the following terms shall have the meanings ascribed to them.

 

...

 

"Alternate design pilot program treatment system" means an individual or community on site waste water treatment system that has the capability of providing a high level of treatment, including a significant reduction in the level of total nitrogen in the wastewater, and that has been approved by the Commission for participation in the alternate design wastewater treatment systems pilot program pursuant to N.J.A.C. 7:50-10.23(b). Detailed plans and specifications for each authorized technology are available at the principal office of the Commission.

 

...

 

"Electronic message display" means an element of a sign that is capable of displaying words, symbols, figures, or images that electronically or mechanically change by remote or automatic means.

 

...

 

"Interested *[party]* *person*" means any *[person or entity who has either submitted an application for development to the Pinelands Commission or who has a particularized property interest sufficient to require a hearing on constitutional or statutory grounds]* *persons whose right to use, acquire, or enjoy property is or may be affected by any action taken under this Plan, or whose right to use, acquire, or enjoy property under this Plan or under any other law of this State or of the United States has been denied, violated, or infringed upon by an action or failure to act under this Plan*.

 

...

 

"Mail" shall mean regular mail or e-mail.

 

...

 

"Off-site sign" means a sign that directs attention to a business, commodity, product, service, entertainment, or other attraction conducted, sold, or offered at a location other than the premises on which the sign is located.

 

...

 

"Sign" means any structure including, but not limited to, an advertising structure and sign face used outdoors and affixed to or upon property to display messages and/or images within public view that is designed to attract, or does attract, the attention of pedestrians or operators or passengers of motor vehicles using the roads, highways, and other public thoroughfares and places, and shall include any writing, printing, painting, display, emblem, drawing, or other device whether placed on the ground, rocks, trees, tree stumps, or other natural structures, or on a building, structure, signboard, billboard, wallboard, roofboard, frame, support, fence, or elsewhere, and any lighting or other accessories used in conjunction therewith.

 

[page=978] ...

 

SUBCHAPTER 3.    CERTIFICATION OF COUNTY, MUNICIPAL, AND FEDERAL INSTALLATION PLANS

 

7:50-3.24   Revocation of delegation and notice thereof

 

(a)-(b) (No change.)

 

(c) Notice of revocation: Within 10 days following entry of any order entered by the Commission pursuant to (b) above, revoking, suspending, or modifying any delegation pursuant to N.J.A.C. 7:50-3.22(b), the Executive Director shall give notice of such order and of its terms, by mail, to the affected county and to all municipalities within such county.

 

7:50-3.39   Standards for certification of municipal master plans and land use ordinances

 

(a) Municipal master plans and land use ordinances, and any parts thereof, shall be certified only if:

 

1. (No change.)

 

2. They include provisions that:

 

i.-vii. (No change.)

 

viii. Establish and implement a mitigation plan as part of any municipal stormwater management plan and ordinance adopted in accordance with N.J.A.C. 7:8-4.2(c)11 that:

 

(1)-(4) (No change.)

 

(5) Requires that the municipality expend any contributions collected pursuant to (a)2viii(4) above within five years of their receipt; and

 

ix. Are designed to implement a clear and straightforward process for the review of applications for residential cluster development in the Forest and Rural Development Areas, in accordance with the requirements for cluster development set forth in N.J.A.C. 7:50-5.19(c) and (d). The Commission may certify municipal clustering ordinances that contain different clustering standards than those set forth in N.J.A.C. 7:50-5.19(c) and (d) provided that those standards are supported through the application of sound land use planning principles, are based upon local conditions or circumstances that warrant such changes and do not undermine the overall goals and objectives of the Forest and Rural Development Area clustering program set forth at N.J.A.C. 7:50-5.19(c) and (d).

 

3.-13. (No change.)

 

(b) No change.

 

SUBCHAPTER 4.    DEVELOPMENT REVIEW

 

7:50-4.1     Applicability

 

(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.-3. (No change.)

 

4. The construction, repair, or removal of any sign, except for the construction or replacement of any off-site sign in accordance with N.J.A.C. 7:50-6.108(a)3, 4, or 5;

 

5.-23. (No change.)

 

(b)-(d) (No change.)

 

7:50-4.3     Commission hearing procedures

 

(a) (No change.)

 

(b) Notice of public hearing.

 

1. (No change.)

 

2. Persons entitled to notice:

 

i. Notice of public hearings shall be given by the Commission:

 

(1) By sending a copy of the notice to the applicant;

 

(2) (No change.)

 

(3) If the public hearing involves certification of a municipal master plan or land use ordinance, by posting the notice on the Commission's website, publication of the notice in an official newspaper of the Commission having general circulation in the area, and sending a copy of the notice, by mail, to the municipal clerk and the planning board secretary of the municipality seeking certification, the municipal clerk and planning board secretary of each Pinelands municipality bordering the municipality seeking certification and the county clerk and the county planning board secretary of the county in which the municipality seeking certification is located and of the adjacent county if the municipality borders another county.

 

(4) If the public hearing involves certification of a county master plan or regulations, by posting the notice on the Commission's website, publication of the notice in an official newspaper of the Commission having general circulation in the area, and sending a copy of the notice, by mail, to the clerk and the planning board secretary of the county seeking certification, each Pinelands municipality in the county seeking certification and each Pinelands county bordering the county seeking certification.

 

(5) If the public hearing involves an application for a Waiver of Strict Compliance submitted pursuant to N.J.A.C. 7:50-4.64(a)1, by sending a copy of the notice, by mail, to the applicant and the secretary of the county and municipal planning board and environmental commission, if any, with jurisdiction over the parcel on which development is proposed. In addition, a copy of the notice shall be posted on the Commission's website and published in an official newspaper of the Commission having general circulation in the area.

 

(6) If the public hearing involves an amendment proposed by the Commission pursuant to N.J.A.C. 7:50-7, by sending a copy of the notice, by mail, to the mayor of each Pinelands municipality and to the freeholder director and county executive of each Pinelands county. In addition, a copy of the notice shall be published in all the official newspapers of the Pinelands Commission and posted on the Commission's website.

 

(7) If the public hearing involves an inter-governmental memorandum of agreement pursuant to N.J.A.C. 7:50-4.52, by sending a copy of the notice, by mail, to the mayor of each Pinelands municipality and the freeholder director and county executive of each Pinelands county that may be directly affected by the memorandum of agreement under consideration. In addition, a copy of the notice shall be published in those official newspapers of the Pinelands Commission having general circulation in the area that may be directly affected by the memorandum of agreement and posted on the Commission's website.

 

(8) (No change.)

 

(9) If the public hearing involves a comprehensive plan submitted to the Commission pursuant to N.J.A.C. 7:50-5.4(c)6, by sending a copy of the notice and the comprehensive plan, by mail, to the mayor of each Pinelands municipality and the freeholder director and county executive, if any, of each Pinelands county. In addition, a copy of the notice shall be published in all the official newspapers of the Commission and posted on the Commission's website.

 

ii. Notice of public hearings shall be given by the applicant:

 

(1) (No change.)

 

(2) If the public hearing relates to an application for development approval, by sending a copy of the notice, by mail, to:

 

(A) The secretary of the county and municipal planning board and environmental commission, if any, with jurisdiction over the parcel on which development has been proposed; and

 

(B) Any landowners within 200 feet of any border of the parcel proposed for development; and

 

(3) By publication of a copy of the notice, at least once, in a newspaper having general circulation in the area.

 

3.-4. (No change.)

 

(c)-(d) (No change.)

 

(e) Content and service of decision of Executive Director or Commission:

 

1.-2. (No change.)

 

3. All decisions and orders of the Executive Director or the Commission shall be considered rendered three days after notice of such decisions and orders has been deposited in the mail addressed to those persons identified in (e)2 above. For purposes of computing the three-day period, the date of deposition of the notice in the mail shall not be included.

 

7:50-4.15   Action by Executive Director on application

 

Within 90 days following the receipt of a complete application for development, the Executive Director shall review the application and all information submitted by the applicant or any other person relating to the application and upon completion of such review issue a Certificate of [page=979] Completeness stating whether the application should be approved, approved with conditions, or disapproved. The application may be approved or approved with conditions only if the development as proposed, or subject to any conditions which may be imposed, conforms to each of the minimum standards for development approval established by N.J.A.C. 7:50-4.16. The Executive Director may propose in said Certificate of Completeness any reasonable condition that he or she finds is necessary to achieve the objectives of this Plan. The Executive Director shall provide a copy of the Certificate of Completeness to the applicant, the Commission, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

7:50-4.18   Report requirements of local permitting agency with respect to applications for development

 

(a)-(c) (No change.)

 

(d) Notice of preliminary approval: Notice of any grant of preliminary site plan or subdivision approval or any other preliminary approval of any application for development provided for by the Municipal Land Use Law or any county or municipal regulation or ordinance shall be given to the Commission by the local agency, by mail, within five days following such grant or approval. Such notice shall be in such form as the Executive Director shall from time to time specify, but shall contain at least the following information:

 

1.-6. (No change.)

 

(e) Notice of final determination: Notice of any final determination approving or denying any application for development shall be given to the Commission by the local agency, by mail, within five days following such determination and shall be in such form as the Executive Director shall from time to time specify; but such notice shall contain at least the following information:

 

1.-6. (No change.)

 

(f) (No change.)

 

7:50-4.19   Commission review following preliminary approval

 

(a) (No change.)

 

(b) Notice of decision and hearing: Within 30 days following receipt of a notice of preliminary approval containing all the information specified in N.J.A.C. 7:50-4.18(d), the Executive Director shall give notice of his or her determination by mail to the applicant, the local permitting agency that granted such preliminary approval, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). If the Executive Director determines that the preliminary approval should be reviewed by the Commission, the notice shall indicate that the applicant, the local permitting agency, or any interested *[party]* *person* may, within 21 days of mailing of such notice, request that a hearing be held before an Administrative Law Judge pursuant to the procedures established by N.J.A.C. 7:50-4.91 for the purpose of reviewing such preliminary approval.

 

(c) If the Executive Director determines that a preliminary approval shall be reviewed by the Commission and a hearing has been requested before an Administrative Law Judge pursuant to (b) above, he or she shall notify all persons who individually submitted information on the application to the Commission, all persons who have requested a copy of the Commission's decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

(d)-(e) (No change.)

 

7:50-4.20   Decision on review

 

(a) If no hearing is requested pursuant to N.J.A.C. 7:50-4.19(b), the Executive Director shall, within 60 days after the time to request an appeal has expired, review the application, all other information in the file, the Certificate of Completeness, and the local approval and determine whether the preliminary approval is in conformance with the minimum standards of this Plan. The Executive Director may recommend the Commission approve the preliminary approval, approve the preliminary approval with conditions or disapprove the preliminary approval. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

(b)-(d) (No change.)

 

7:50-4.22   Commission review following final local approval

 

(a) (No change.)

 

(b) Notice of decision and hearing: Within 15 days following receipt of a notice of final determination containing all the information specified in N.J.A.C. 7:50-4.18(e), the Executive Director shall give notice of his or her determination by mail to the applicant, the local permitting agency that granted such approval, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). If applicable, such notice shall set a date, time, and place for public hearing as required by N.J.A.C. 7:50-4.23.

 

(c)-(d) (No change.)

 

7:50-4.23   Public hearing

 

If the Executive Director determines that the approval should be reviewed by the Commission, he or she shall, within 45 days following receipt of a completed notice of final determination given pursuant to N.J.A.C. 7:50-4.18(e), conduct a public hearing to be held pursuant to the procedures set out in N.J.A.C. 7:50-4.3 of this Plan. The applicant shall have the burden of going forward and the burden of proof at the public hearing. Following conclusion of the public hearing, the Executive Director shall review the record of the public hearing and issue a report on the public hearing to the Commission. The Executive Director may recommend that the Commission approve the application, approve the application with conditions or disapprove the application. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). However, an applicant may, at his or her option, waive all time limits for review imposed by the Pinelands Protection Act or this Plan and request that the hearing be held by an Administrative Law Judge pursuant to the procedures established in N.J.A.C. 7:50-4.91.

 

7:50-4.25   Commission review following local denial

 

(a) (No change.)

 

(b) Notice of decision and hearing: Within 30 days following receipt of a notice of a denial containing all the information specified in N.J.A.C. 7:50-4.18(e) the Executive Director shall give notice of his or her determination by mail to the applicant, the local permitting agency that denied the applicant, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization or agency which has registered under N.J.A.C. 7:50-4.3(b)2i(2). If the Executive Director determines that the denial should be reviewed by the Commission, the notice shall be sent by mail to the applicant and the local agency that granted the approval. The notice shall indicate that the applicant, the local permitting agency, or any interested *[party]* *person* may, within 21 days of mailing of such notice, request that a hearing be held before an Administrative Law Judge pursuant to the procedures established by N.J.A.C. 7:50-4.91 for the purpose of reviewing the denial.

 

(c) If the Executive Director determines that a denial shall be reviewed by the Commission and a hearing before an Administrative Law Judge has been requested pursuant to (b) above, he or she shall notify all persons who individually submitted information on the application to the Commission, all persons who have requested a copy of the Commission's decision and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

7:50-4.26   Decision on review

 

(a) If no hearing is requested pursuant to N.J.A.C. 7:50-4.25(b), the Executive Director shall, within 60 days after the time to request an [page=980] appeal has expired, review the application and all other information in the file, the Certificate of Completeness and the local denial and determine whether the denial is in conformance with the minimum standards of this Plan. The Executive Director may recommend the Commission approve the application, approve the application with conditions, disapprove the application, or allow the local denial to stand. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

(b)-(d) (No change.)

 

7:50-4.35   Report requirements of local permitting agency with respect to applications for development

 

(a)-(c) (No change.)

 

(d) Notice of preliminary approval: Notice of any grant of preliminary site plan or subdivision approval or any other preliminary approval of any application for development provided for by the Municipal Land Use Law or any county or municipal regulation or ordinance shall be given to the Commission, by mail, within five days following such grant or approval. Such notice shall be in such form as the Executive Director shall from time to time specify, but shall contain at least the following information:

 

1.-4. (No change.)

 

5. Any written reports or comments received by the local permitting agency on the application for development that have not been previously submitted to the Commission; and

 

6. A copy of the resolution or other documentation of the preliminary approval and a copy of the submitted preliminary plans that were approved by the local permitting agency.

 

(e) Notice of final determination: Notice of any final determination with respect to any application for development shall be given to the Commission, by mail, within five days following such determination and shall be in such form as the Executive Director shall from time to time specify; but such notice shall contain at least the following information:

 

1.-6. (No change.)

 

(f) (No change.)

 

7:50-4.37   Commission review following preliminary approval

 

(a) (No change.)

 

(b) Notice of decision and hearing: Within 30 days following receipt of a notice of preliminary approval containing all the information specified in N.J.A.C. 7:50-4.35(d), the Executive Director shall give notice of his or her determination by mail to the applicant, the local permitting agency that granted such preliminary approval, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). If the Executive Director determines that the preliminary approval should be reviewed by the Commission, the notice shall indicate that either the applicant, the local permitting agency or any interested *[party]* *person* may, within 21 days of mailing of such notice, request that a hearing be held before an Administrative Law Judge pursuant to the procedures established by N.J.A.C. 7:50-4.91 for the purpose of reviewing such preliminary approval.

 

(c) If the Executive Director decides to review a preliminary approval and a hearing before an Administrative Law Judge has been requested pursuant to (b) above, he or she shall notify all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

(d)-(e) (No change.)

 

7:50-4.38   Decision on review

 

(a) Determination by Executive Director: If no hearing is requested by the applicant, the local permitting agency or any interested *[party]* *person* pursuant to N.J.A.C. 7:50-4.37(b), the Executive Director shall, within 60 days after the time to request a hearing has expired, review the application, all other information in the file including any staff reports and the local approval and determine whether the preliminary approval is in conformance with the minimum standards of this Plan and the provisions of the relevant certified local ordinance. The Executive Director may recommend the Commission approve the preliminary approval, approve the preliminary approval with conditions, or disapprove the preliminary approval. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local approving agency, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

(b)-(d) (No change.)

 

7:50-4.40   Commission review following final local approval

 

(a) (No change.)

 

(b) Notice of decision and hearing: Within 15 days following receipt of a notice of final determination containing all the information specified in N.J.A.C. 7:50-4.35(e), the Executive Director shall give notice of his or her determination by mail to the applicant, the clerk of the local permitting authority that granted such approval, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). If applicable, such notice shall set a date, time, and place for public hearing, as required by N.J.A.C. 7:50-4.41.

 

(c)-(d) (No change.)

 

7:50-4.41   Public hearing

 

If the Executive Director determines that the approval should be reviewed by the Commission, he or she shall, within 45 days following receipt of a completed notice of final determination given pursuant to N.J.A.C. 7:50-4.35(c), conduct a public hearing to be held pursuant to the procedures set out in N.J.A.C. 7:50-4.3. The applicant shall have the burden of going forward and the burden of proof at the public hearing. Applications from applicants who do not provide notice for any hearing and do not make a timely request for adjournment shall be recommended for denial. For applicants who do not appear at more than one scheduled public hearing, the Executive Director may determine that no further adjournment of the public hearing will be provided. Following conclusion of the public hearing, the Executive Director shall review the record of the public hearing and issue a report on the public hearing to the Commission. The Executive Director may recommend that the Commission approve the application, approve the application with conditions, or disapprove the application. The Executive Director shall give written notification of his or her findings and conclusions to the applicant, the Commission, the local permitting agency, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency that has registered under N.J.A.C. 7:50-4.3(b)2i(2). However, an applicant may, at his or her option, waive all time limits for review imposed by the Pinelands Protection Act or this Plan and request that the hearing be held by an Administrative Law Judge pursuant to the procedures established in N.J.A.C. 7:50-4.91.

 

7:50-4.54   Review of submission by Executive Director

 

Within 30 days following receipt of a completed application for public development, the Executive Director shall review the application and all information submitted by the applicant or any other person relating to the application and upon completion of such review make a determination whether the application should be approved, approved with conditions, or disapproved. The application may be recommended for approval or approval with conditions only if the development as proposed, or subject to any conditions that may be imposed, conforms to each of the minimum standards for development approval established by N.J.A.C. 7:50-4.57. The Executive Director may attach to any determination to recommend approval of an application any reasonable condition that he or she finds is necessary to achieve the objectives of this Plan. The Executive Director shall give written notification of his or her findings and conclusion to the applicant, the Commission, all [page=981] persons who have individually submitted information concerning the application, all persons who have requested a copy of said decision, and any person, organization, or agency which has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

7:50-4.66   Application

 

(a)-(c) (No change.)

 

(d) The notice in (b) and (c) above shall state:

 

1. (No change.)

 

2. That the Pinelands Commission will schedule and hold a public hearing on the application, the date and time of which will be posted on the Commission's website;

 

3. (No change in text.)

 

4. That written comments on the application may be submitted to the Pinelands Commission at the public hearing or in writing and that all such comments received within 10 days of the mailing or publication of the notice or within the notice period established for the public hearing will be considered in the review of the application;

 

5. (No change in text.)

 

6. The mailing address, phone number, and website address of the Commission; and

 

7. That any person who provides comments or requests a copy of the Executive Director's findings and conclusion shall be provided a copy of said findings and conclusion and that any interested *[party]* *person* who is aggrieved by said determination is entitled to a hearing by appealing the determination.

 

(e)-(h) (No change.)

 

(i) For an application submitted pursuant to N.J.A.C. 7:50-4.64(a)1, the Executive Director shall set the date, time, and place for a public hearing for consideration of the application. The public hearing shall be noticed and held by the Executive Director in accordance with the provisions of N.J.A.C. 7:50-4.3.

 

7:50-4.67   Action by Executive Director on application

 

Within 90 days following the receipt of a complete application for waiver, the Executive Director shall review the application and all information submitted by the applicant and any other person relating to the application and upon completion of such review make a determination whether the application should be approved, approved with conditions, or disapproved. The application may be recommended for approval or approval with conditions only if the applicant, subject to any conditions that may be imposed, meets the standards for a Waiver of Strict Compliance established in N.J.A.C. 7:50-4.62. The Executive Director shall give written notification of his or her findings and conclusion to the applicant, the Commission, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination, and any person, organization, or agency which has registered under N.J.A.C. 7:50-4.3(b)2i(2).

 

7:50-4.74   Interpretation by Executive Director

 

Except as provided in N.J.A.C. 7:50-4.75, the Executive Director shall, within 45 days following the receipt of a completed request for clarification or interpretation, review the application and all information submitted by the applicant or any other person relating to the application and upon completion of such review issue a letter of clarification or interpretation. A copy of the letter shall be provided to the appropriate municipal or county planning board, environmental commission, if any, all persons who have individually submitted information concerning the application, all persons who have requested a copy of said determination and any person, organization, or agency, which has registered under N.J.A.C. 7:50-4.3(b)2i(2). The letter issued by the Executive Director shall specify the grounds, reasons, and analysis upon which the clarification or interpretation is based. In the event the Executive Director fails to render a letter of clarification or interpretation within 45 days of receipt of a completed application or such longer period of time as may be agreed to by the applicant, the applicant is entitled to request a hearing pursuant to N.J.A.C. 7:50-4.91. Nothing in this section shall be construed to prevent any person from resubmitting a request for clarification or interpretation.

 

7:50-4.91   Appeal

 

(a) Notice: Any *[interested party]* *person* who has a right to appeal any determination made by the Executive Director to the Commission shall, within 15 days of the date the decision is deemed rendered in accordance with N.J.A.C. 7:50-4.3(e)3, perfect such right by giving notice by mail of his or her intent to appeal to the Commission. Such notice shall include:

 

1.-5. (No change.)

 

(b) Any *[interested party]* *person* who has a right to request a hearing conducted by the Office of Administrative Law concerning a local approval that the Executive Director has determined should be reviewed by the Pinelands Commission shall, within 15 days of the date the Executive Director's determination is deemed rendered in accordance with N.J.A.C. 7:50-4.3(e)3, perfect such right by giving notice by mail of his or her intent to request a hearing to the Commission. Such notice shall include the information specified in (a)1 through 5 above.

 

(c)-(e) (No change.)

 

SUBCHAPTER 6.    MANAGEMENT PROGRAMS AND MINIMUM STANDARDS

 

7:50-6.75   Landfills

 

(a)-(b) (No change.)

 

(c) All landfills that ceased operation on or after September 23, 1980, if located in the Preservation Area or on or after January 14, 1981, if located in the Protection Area shall be capped with an impermeable material unless it can be clearly demonstrated that:

 

1. (No change.)

 

2. An alternative means of addressing the public health and ecological risks associated with the landfill is available that will afford an equivalent level of protection of the resources of the Pinelands than would be provided if the landfill were capped with an impermeable material;

 

3. No leachate plume associated with the landfill exists and the landfill is not generating leachate; or

 

4. A leachate plume associated with the landfill exists, but poses no significant ecological risk to wetlands.

 

(d)-(i) (No change.)

 

7:50-6.84   Minimum standards for point and non-point source discharges

 

(a) The following point and non-point sources may be permitted in the Pinelands:

 

1.-4. (No change.)

 

5. Individual on-site septic waste water treatment systems that are intended to reduce the level of nitrate/nitrogen in the waste water, provided that the following standards are met:

 

i.-ii. (No change.)

 

iii. The proposed development is either residential, or, if non-residential, is located in:

 

(1) A Regional Growth Area, a Pinelands Village, a Pinelands Town, or a Military and Federal Installation Area; or

 

(2) A Rural Development Area, a Forest Area, an Agricultural Production Area, or in an area within the Preservation Area District designated pursuant to N.J.A.C. 7:50-5.22(b)7, subject to the following conditions:

 

(A) The proposed nonresidential development constitutes expansion of a nonresidential use existing on January 14, 1981, or the change of a nonresidential use existing on January 14, 1981, to another nonresidential use that is a permitted use pursuant to the certified municipal land use ordinance;

 

(B) The existing nonresidential use relies on an existing on-site waste water disposal system that is not designed to reduce the level of nitrate/nitrogen in the waste water;

 

(C) The existing nonresidential use is of such a size and scale that it does not comply with N.J.A.C. 7:50- 6.84(a)4ii; and

 

(D) The proposed nonresidential development will not exceed 50 percent of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981;

 

[page=982] iv. The design of the system and its discharge point, and the size of the entire contiguous parcel on which the system or systems is located, will ensure that ground water exiting from the entire contiguous parcel or entering a surface body of water will not exceed two parts per million nitrate/nitrogen calculated pursuant to the Pinelands dilution model dated December 1993, as amended, (Appendix A) subject to the provisions of (a)5v below and based on the following assumptions and requirements. For purposes of this section, the entire contiguous parcel may include any contiguous lands to be dedicated as open space as part of the proposed development but may not include previously dedicated road rights-of-way or any contiguous lands that have been deed restricted pursuant to N.J.A.C. 7:50-5.30 or 5.47:

 

(1) (No change.)

 

(2) For Amphidrome, Bioclere, and FAST systems:

 

(A) For residential development using the Amphidrome or Bioclere system, the system will be located on a parcel of at least one acre for each individual single family residential dwelling unit or the system or systems for multi-family developments will be located on a parcel with an overall density equal to or greater than one residential unit per acre of land;

 

(B) For residential development using the FAST system, the system will be located on a parcel of at least 1.4 acres for each individual single family residential dwelling unit or the system or systems for multi-family developments will be located on a parcel with an overall density equal to or greater than one residential unit per 1.4 acres of land;

 

Recodify existing (B)-(I) as (C)-(J) (No change in text.)

 

(3) (No change.)

 

v.-ix. (No change.)

 

6. (No change.)

 

7:50-6.85   Individual and non-individual onsite subsurface sewage disposal systems and petroleum tank maintenance

 

(a) (No change.)

 

(b) All Pinelands alternate design wastewater treatment systems in active use shall be equipped with functioning alarm dialing capability and shall be covered under a renewable operation and maintenance agreement for as long as the system is in active use. The operation and maintenance agreement shall, at minimum, provide for at least once annual service calls by a qualified service technician. The operation and maintenance agreement shall also provide for periodic onsite inspection and maintenance service visits that meet the minimum operation and maintenance requirements of the Pinelands alternate design wastewater treatment system manufacturer or vendor.

 

(c) Every owner or operator of a Pinelands alternate design wastewater treatment system in the Pinelands Area shall comply with the maintenance and monitoring requirements of N.J.A.C. 7:9A-8.3 and 12.3.

 

(d) (No change.)

 

7:50-6.106 Signs

 

Each municipality shall adopt provisions governing signs in its municipal master plan and ordinances. On-site signs are generally permitted in the Pinelands pursuant to N.J.A.C. 7:50-6.107. Off-site signs are permitted only in accordance with N.J.A.C. 7:50-6.108. Mandatory provisions for off-site signs are provided in N.J.A.C. 7:50-6.109. Each municipality may adopt additional provisions governing signs including, but not limited to, the establishment of sign types and associated regulations governing the appropriate location and manner of such signs provided that such provisions do not conflict with N.J.A.C. 7:50-6.107 through 6.109.

 

7:50-6.107 On-site signs

 

(a) On-site signs may be permitted in any management area.

 

(b) Municipalities are encouraged to adopt the standards for electronic message displays and lighting in N.J.A.C. 7:50-6.109(a)3 and 4 in formulating municipal ordinance standards for on-site signs.

 

7:50-6.108 Off-site signs

 

(a) Off-site signs are permitted only as follows:

 

1. Off-site directional signs may be permitted in any management area;

 

2. Off-site temporary signs may be permitted in any management area;

 

3. Off-site signs advertising an agricultural commercial establishment shall be permitted in Agricultural Production Areas and Special Agricultural Production Areas and may be permitted in any other management area;

 

4. Off-site signs lawfully in existence as of January 14, 1981, shall be permitted in:

 

i. Regional Growth Areas;

 

ii. Pinelands *[towns]* *Towns*; and

 

iii. Certified municipal non-residential zones in Rural Development Areas and Pinelands *[villages]* *Villages* in existence as of December 5, 1994, if the sign is located within 1,000 feet of a Regional Growth Area or Pinelands *[town]* *Town* and is located on a United States highway; and

 

5. New off-site signs may be permitted by certified municipalities in Regional Growth Areas and Pinelands *[towns]* *Towns*, provided that the applicant can demonstrate that, for each new sign, a non-conforming off-site sign pursuant to (b) below has been removed.

 

(b) Any off-site sign in existence prior to January 14, 1981, that does not conform to (a)1, 3, or 4 above shall be deemed a non-conforming sign and shall be removed no later than December 5, 1996. Any off-site sign erected on or after January 14, 1981, that does not conform to (a) above shall be deemed unlawful and shall be removed immediately.

 

7:50-6.109 Provisions for permitted signs

 

(a) Permitted signs shall comply with the following provisions:

 

1. Off-site directional signs shall comply with the following standards:

 

i. They shall contain no advertising and shall be limited to the name of the public or private use and any necessary directions;

 

ii. The quantity of signs per use shall be limited to the minimum necessary to give adequate directions; and

 

iii. The size of such signs shall be limited to that necessary to convey directions;

 

2. Off-site signs advertising agricultural commercial establishments shall comply with the following standards:

 

i. A maximum of two signs may be placed in any one direction along each road directly approaching the stand; and

 

ii. Each sign along four lane State or United States highways shall be limited to a maximum of 50 square feet in area; each sign along all other roads shall be limited to a maximum of 32 square feet in area;

 

3. Off-site signs permitted pursuant to N.J.A.C. 7:50-6.108(a)4 and 5 may have electronic message displays provided that:

 

i. The electronic message display is programmed to freeze in one position if a malfunction occurs;

 

ii. The transition of one displayed message to another displayed message is accomplished within one second or less;

 

iii. The duration of the interval between the end of any transition and the start of its subsequent transition is at least eight seconds; and

 

iv. The municipality has adopted provisions governing the permitted brightness of the display at varying ambient light conditions and the brightness of the display is automatically adjusted based on ambient light conditions through the use of an integrated light sensing device; and

 

4. Except as provided in (a)3 above, off-site signs shall not contain, include, or be illuminated by any flashing, intermittent, scrolling, or moving light or lights. All sources of illumination shall be shielded or directed such that light is not directed towards the sky.

 

(b) Off-site signs that are required to be removed pursuant to N.J.A.C. 7:50-6.108(b) shall not have electronic message displays.

 

(c) Noncommercial copy shall be permitted to replace the message on any permitted sign.

 

SUBCHAPTER 7.    AMENDMENTS TO THE COMPREHENSIVE MANAGEMENT PLAN

 

7:50-7.3     Proposed amendments; petitions for amendment

 

(a)-(b) (No change.)

 

(c) For petitions filed pursuant to (b) above, the petitioner shall be required to provide notice of the filing of the petition within 20 days [page=983] after receiving notification from the Executive Director pursuant to N.J.A.C. 7:50-7.5(b) that a complete petition has been filed with the Commission as follows:

 

1. If the petition proposes to change the classification of any parcel as shown on the Land Capability Map or is intended to affect a specific parcel or an area less than 100 acres in size:

 

i. (No change.)

 

ii. Notice shall be given to owners of all real property within 200 feet of any parcel or area that would be directly affected by the proposed amendment as provided for in N.J.S.A. 40:55D-12.b. The administrative officer of the municipality in which the subject parcel or area is located shall provide a certified list of said property owners as provided for in N.J.S.A. 40:55D-12.c. The petitioner shall be entitled to rely upon the information contained in said certified list as provided in N.J.S.A. 40:55D-12.c; and

 

iii. Notice shall be given by publication in the official newspaper of the municipality in which the subject parcel or area is located, if there is one, or in a newspaper of general circulation in the municipality as provided for in N.J.S.A. 40:55D-12.

 

2.-3. (No change.)

 

7:50-7.5     Action on petitions for amendment

 

(a) (No change.)

 

(b) Upon determining that a petition for amendment is complete, the Executive Director shall so notify the petitioner and shall, within 15 days, prepare and file a notice of petition for rulemaking with the Office of Administrative Law in accordance with N.J.A.C. 1:30- 3.6(a). The Executive Director shall thereafter publish the notice of petition on the Commission's website.

 

(c)-(e) (No change.)

 

SUBCHAPTER 10.  PILOT PROGRAMS

 

7:50-10.21    Purpose

 

(a)-(b) (No change.)

 

(c) In 2000, the Commission formed a special committee to investigate alternate septic system technologies that would better meet the water quality requirements of N.J.A.C. 7:50-6, Part VIII, for residential development on lots smaller than 3.2 acres where such lots are currently authorized by N.J.A.C. 7:50-5. After conducting extensive research, the Committee identified five technologies that can be expected to meet these water quality requirements for residential development. The Committee recommended that an interim program be developed for the approval, installation, and monitoring of the five technologies for use under certain conditions and safeguards. Based on the available information, the Committee recommended that the Ashco RFS III system be allowed on residential lots of at least 1.5 acres and the other four systems be allowed on residential lots of at least one acre. In November 2006, the Commission decided to remove the Ashco RFS III system from the Alternate Design Treatment Systems Pilot Program. The Commission made this decision due to the manufacturer's failure to make systems commercially available in the Pinelands during the initial five-year period of the pilot program or to otherwise demonstrate the ability or intention for future participation in the pilot program. Residential development using any of the authorized systems would still have to conform to the lot size and density requirements contained in the municipal land use ordinances that have been certified by the Commission pursuant to N.J.A.C. 7:50-3. In 2010, the Commission decided to release two of the original pilot program technologies (Amphidrome and Bioclere) from the pilot program and authorize them for permanent use, subject to the provisions of N.J.A.C. 7:50-6.84(a)5iv(3). The Commission also decided to provide an opportunity for expansion of the pilot program to include certain other residential nutrient reducing onsite wastewater treatment technologies that have attained verification and/or certification through the United States Environmental Protection Agency Environmental Technology Verification (USEPA ETV) Program or the National Sanitation Foundation/American National Standards Institute (NSF/ANSI) Standard 245 testing program. Information regarding the USEPA ETV Program is available from the United States Environmental Protection Agency website at: http://www.epa.gov/etv/vt-wqp.html#dwtt and http://www.epa.gov/etv/pubs/600s07004.pdf. Information regarding the NSF/ANSI Standard 245 testing program is available from the National Sanitation Foundation website at: http://www.nsf.org/business/wastewater_certification/standards.asp?program=WastewaterCer#245. In 2013, the Commission decided to remove the Cromaglass technology from the Alternate Design Treatment Systems Pilot Program. The Commission made this decision based on the Cromaglass technology's inability to meet the water quality standards contained in N.J.A.C. 7:50-6, Part VIII. In 2016, the Commission released the only remaining original pilot program technology (FAST) from the pilot program and authorize it for permanent use on parcels of at least 1.4 acres in size, subject to the provisions of N.J.A.C. 7:50-6.84(a)5iv(3).

 

(d) (No change.)

 

7:50-10.22    General standards

 

(a) Alternate design pilot program treatment systems shall be authorized for residential use in all municipalities provided that the following standards are met:

 

1.-2. (No change.)

 

3. Subject to being increased during the pilot program based on the results of a hearing conducted pursuant to (a)5 below, each USEPA ETV or NSF/ANSI Standard 245 technology approved by the Commission for participation in the pilot program pursuant to N.J.A.C. 7:50-10.23(b) shall be located on a parcel containing sufficient land area to comply with the two parts per million nitrogen requirement and the water quality standards contained in N.J.A.C. 7:50-6, Part VIII, as calculated using the Pinelands Septic Dilution Model and the expected effluent total nitrogen value for the technology based upon the findings of the USEPA ETV and/or NSF/ANSI Standard 245 test data.

 

4. The USEPA ETV or NSF/ANSI Standard 245 technologies approved by the Commission for participation in the pilot program pursuant to N.J.A.C. 7:50-10.23(b) are authorized to be installed until August 5, 2018.

 

5.-6. (No change.)

 

(b)-(c) (No change.)

 

7:50-10.23    Pinelands Commission approval and evaluation

 

(a)-(b) (No change.)

 

(c) The Executive Director shall review this pilot program relative to any approved USEPA and NSF/ANSI Standard 245 treatment technologies no later than August 5, 2017, and shall report to the Commission within three months of that date on its implementation. The Executive Director shall determine whether the pilot program is successful in accordance with the following criteria:

 

1.-6. (No change.)

 

Recodify existing (e)-(h) as (d)-(g) (No change in text.)

 

(h) Nothing in this section shall be construed to authorize the installation of any USEPA ETV and NSF/ANSI Standard 245 treatment technology approved by the Commission for participation in the pilot program after August 5, 2018, as set forth in N.J.A.C. 7:50-10.22(a)4, unless a rule has been adopted by the Commission that expressly authorizes such installation pursuant to (f) or (g) above.