Current through Register Vol. 56, No. 18, September 16, 2024
(a) Waivers may only be granted when either:
1. An extraordinary hardship has been established pursuant to 7:50-4.63(a) or (b); or
2. A compelling public need has been established pursuant to 7:50-4.64.
(b) Notwithstanding (a)1 above, the requested relief may not be granted if it will either result in a substantial impairment of the resources of the Pinelands or be inconsistent with the purposes and provisions of the Pinelands Protection Act, the Federal Act or this Plan pursuant to the criteria set forth in 7:50-4.65.
(c) Notwithstanding (a) and (b) above, the requested relief may not be granted if it will involve trespass or create a public or private nuisance by being materially detrimental or injurious to other property or improvements in the area in which the subject parcel is located, increase the danger of fire or endanger public safety.
(d) When approved, the waiver may only grant the minimum relief necessary to relieve the extraordinary hardship or satisfy the compelling public need.
1. Any waiver which grants relief from the standards of this Plan to permit development of the parcel in question shall require:
i. The reduction as set forth in 7:50-5.43(b)3 of any Pinelands Development Credits which are allocated to the parcel pursuant to 7:50-5.43(b);
ii. The acquisition and redemption of any Pinelands Development Credits that are otherwise required pursuant to 7:50-5.27, 5.28 or 5.32;
iii. The acquisition and redemption of 0.25 Pinelands Development Credits for a waiver of one or more of the standards in N.J.A.C. 7:50-6. Nothing in this subparagraph shall be construed as relieving an applicant of the requirement to reduce a Pinelands Development Credit allocation or acquire and redeem Pinelands Development Credits pursuant to (d)1i and ii above. The requirements of this subparagraph shall not apply to the following:
(1) State projects located on and directly related to the management and use of State conservation lands;
(2) Projects essential for the remediation of a site contaminated with wastes or hazardous or toxic substances; and
(3) Projects which qualify for a Waiver of Strict Compliance based on compelling public need pursuant to 7:50-4.64 and which involve one or more of the criteria set forth in 7:50-4.65(b); and
iv. The development meets the criteria set forth in 7:50-4.65(c) if the waiver is based on compelling public need pursuant to 7:50-4.64 and involves one or more of the criteria set forth in 7:50-4.65(b).
2. Any parcel for which an extraordinary hardship otherwise exists pursuant to 7:50-4.63(b) but which is precluded from on-site development pursuant to 7:50-4.63(b)4 and 4.65(b) shall receive an additional use right of an allocation of Pinelands Development Credits based on the fair market value of the parcel. The allocation shall be based on the market value of the Pinelands Development Credits at the time the application for a waiver is completed, provided that the applicant shall be entitled to a minimum allocation of 0.25 Pinelands Development Credits. Unless severed from the parcel pursuant to 7:50-5.47, any conveyance, sale or transfer of the parcel shall include the Pinelands Development Credits allocated herein. The applicant shall be entitled to demonstrate that the allocation of Pinelands Development Credits based on fair market value in conjunction with the permitted uses on the parcel does not give the parcel a beneficial use. If the applicant believes that even considering this allocation of Credits the parcel does not have a beneficial use, the applicant is entitled to appeal the allocation pursuant to 7:50-4.68.
