Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:18A-13. Guidelines for location and construction; periodic revision and transmittal to state, county and municipal agencies In order to assure that the actions, decisions, determinations and rulings of the State, county and municipal governments shall, to the maximum extent pr…

13:18A-14. Approvals, certificates, licenses, consents, permits or financial assistance for construction of structure or disturbance of land; prohibition prior to adoption of plan and revisions; exceptions Subsequent to the effective date of this act, the provisions of any other …

13:18A-15. Pinelands development applications Subsequent to the adoption of the comprehensive management plan, the commission is hereby authorized to commence a review, within 15 days after any final municipal or county approval thereof, of any application for development in the …

13:18A-15.1 Rules, regulations providing for approval of development of solar, photovoltaic energy facility, structure on certain sites in the pinelands. 1. a. Within 180 days after the date of enactment of this act, the Pinelands Commission shall adopt rules and regulations prov…

13:18A-16. Grants to municipalities and counties for revisions The commission is hereby authorized to make grants to municipalities and counties for any revision of local master plans or the implementing ordinances thereto which is designed to bring such plans and ordinances into…

13:18A-17. Conflict of interest of member, officer, employee or agent of commission; violations; action voidable; penalties a. No member, officer, employee, or agent of the commission shall take any official action on any matter in which he has a direct or indirect financial inte…

13:18A-18. Annual audit The State Auditor shall conduct an annual audit of the commission's activities pursuant to the provisions of chapter 24 of Title 52 of the Revised Statutes. L.1979, c. 111, s. 17, eff. June 28, 1979.

13:18A-19. Annual report On or before March 31 in each year the commission shall make an annual report of its activities for the preceding calendar year to the Governor, the Legislature and to the Secretary of the United States Department of Interior. Each such report shall set f…

13:18A-2. Legislative findings and declarations The Legislature hereby finds and declares that the pinelands area comprises pine-oak forests, cedar swamps, and extensive surface and ground water resources of high quality which provide a unique habitat for a wide diversity of rare…

13:18A-20. Judicial review Any person aggrieved by any decision rendered by the commission pursuant to subsection c. of section 9 and sections 13 and 14 of this act may obtain judicial review thereof by the filing of a petition in the Appellate Division of the Superior Court of N…

13:18A-21. Report on state payments in lieu of taxes to municipalities The commission shall, within 1 year of the effective date of this act, prepare and submit to the Governor and Legislature a report concerning State payments in lieu of taxes to municipalities in the pinelands …

13:18A-22. Sale of land within preservation area; written notice of intention; exceptions; transmittal and publication of provisions of section; violations; voidability of contract; corporations a. No person shall contract to sell any land within the preservation area, or any int…

13:18A-23. Coastal area; revision of environmental design In addition to the functions required pursuant to the "Coastal Area Facility Review Act," P.L.1973, c. 185 (C. 13:19-1 et seq.), the Department of Environmental Protection shall, in consultation with the commission and wit…

13:18A-24. Operation of power vessels or motor vehicles within pinelands; littering; violations; penalty 23. a. No person shall operate any power vessel which utilizes any engine in excess of 10 horse power upon any of the waters of this State within the pinelands area, except up…

13:18A-25. Inapplicability of act to exportation of waters or to regulation of fish and game activities or other recreational activities in pinelands area a. Nothing in this act shall be construed to authorize or permit the exportation of any ground or surface waters from the pin…

13:18A-26. Surcharge on fees; pinelands fund; disposition The commission is hereby authorized to adopt rules and regulations which impose a surcharge of up to $1.00 upon any fee currently levied and collected, pursuant to law, for the use of State-owned lands within the pinelands…

13:18A-27. Enforcement of provisions of this act over inconsistent or conflicting acts It is the intent of the Legislature that, except as otherwise specifically provided in this act, in the event of any conflict or inconsistency in the provisions of this act and any other acts p…

13:18A-28. Severability If any section, part, phrase, or provision of this act or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or applica…

13:18A-29. Liberal construction The object, design and purpose of this act being the protection of the pinelands area and the resources thereof, this act shall be liberally construed. L.1979, c. 111, s. 28, eff. June 28, 1979.

13:18A-3 Definitions. 3. As used in this act: a. "Agricultural or horticultural purposes" or "agricultural or horticultural use" means any production of plants or animals useful to man, including but not limited to: forages or sod crops; grains and feed crops; dairy animals and d…

13:18A-30. Short title This act shall be known and may be cited as the "Pinelands Development Credit Bank Act." L. 1985, c. 310, s. 1, eff. Aug. 28, 1985.

13:18A-31. Findings, declarations The Legislature finds and declares that, pursuant to the provisions of P.L. 1979, c. 111 (C. 13:18A-1 et seq.), the comprehensive management plan for the pinelands area has been adopted and is now being implemented; that this plan includes a prog…

13:18A-32. Definitions As used in this act: a. "Applicant" means a person applying for, or in receipt of, a loan secured pursuant to the provisions of this act; b. "Bank" means the Pinelands Development Credit Bank established pursuant to section 4 of this act; c. "Board" means t…

13:18A-33. Pinelands Development Credit Bank a. There is established in the Executive Branch of the State Government a public body corporate and politic, with corporate succession, to be known as the Pinelands Development Credit Bank. For the purpose of complying with the provisi…

13:18A-34. Powers of board The board shall have the following powers: a. To adopt and, from time to time, amend and repeal suitable bylaws for the management of its affairs; b. To adopt and use an official seal and alter the same at its pleasure; c. To apply for, receive, and acc…

13:18A-35. Development credit certification The board shall, upon application of the appropriate landowner, and certification by the commission, issue Pinelands Development Credit Certificates for all pinelands development credits allocated pursuant to the comprehensive managemen…

13:18A-36. Registry of development credits a. The board shall establish and maintain a Registry of Pinelands Development Credits, which shall include: (1) The name and address of every owner to whom a pinelands development credit certificate is issued pursuant to section 6 of thi…

13:18A-37. Application for guarantee Any person desiring to secure a loan using a pinelands development credit as collateral may apply to the board for determination of eligibility for a pinelands development credit guarantee. The board shall notify the applicant of its decision …

13:18A-38. Approval by board a. The board may extend a pinelands development credit guarantee with respect to any loan secured pursuant to the provisions of this act if: (1) Adequate funds are available in reserve to fulfill the guarantee in the event of a default; and (2) The ap…

13:18A-39. $10,000 guarantee minimum The bank is authorized to guarantee the value of a pinelands development credit in an amount not less than $10,000.00, or a fraction of that amount which reflects that portion of a pinelands development credit allocated to the applicant pursua…

13:18A-4. Pinelands commission; establishment; allocation within department of environmental protection a. There is hereby established a public body corporate and politic, with corporate succession, to be known as the "Pinelands Commission." The commission shall constitute a poli…

13:18A-40. Default a. Following the 31st day of a default on any loan secured, in whole or in part, by a pinelands development credit guarantee, the lender shall send notice by certified mail to the applicant and the board, stating the consequences of his default. The applicant a…

13:18A-41. Payment of guaranteed amount In the event a default occurs on any loan secured, in whole or in part, by a pinelands development credit guarantee and the lender has assigned the security interest in the pinelands development credit to the board, the board shall authoriz…

13:18A-42. Sales by board of credits a. The board may sell, exchange, or otherwise convey or retire any pinelands development credit which is purchased or otherwise acquired pursuant to the provisions of this act. All sales, exchanges, conveyances or retirements shall be made pri…

13:18A-43. County banks a. The governing body of any county located in whole or in part within the pinelands area may, by resolution duly adopted, create a public body to carry out the functions of the bank created herein within the jurisdiction of the county with all or any sign…

13:18A-44. Delegation of authority to county The board may delegate any authority granted it by this act to any county which creates a county board pursuant to the provisions of this act if: a. The commission has approved the master plan for the county; b. The governing body of t…

13:18A-45. Matching grants If the board has delegated its authority pursuant to the provisions of section 15 of this act, it may provide, upon application therefor and approval thereof, matching grants to the county bank for the purpose of meeting the obligation of this delegatio…

13:18A-46. Exercise of authority The county board shall exercise the authority delegated to it by the board in a manner prescribed by rules and regulations adopted by the board. L. 1985, c. 310, s. 17, eff. Aug. 28, 1985.

13:18A-47 Funding of the bank; proceeds from the sale of credits. 18. a. There is appropriated to the bank, from the General Fund, the sum of $5,000,000.00. This sum shall be used for the purchase of pinelands development credits and to extend pinelands development credit guarant…

13:18A-48. Extension of pinelands development credit guarantee, purchases 19. Notwithstanding any other provisions of this act to the contrary: a. No pinelands development credit guarantee shall be extended for a period of time in excess of five years; b. No pinelands development…

13:18A-49. County authority unimpaired Nothing in this act shall be construed to prohibit or in any other way interfere with any county carrying out functions substantially similar to those described and authorized herein, exclusive of State financial assistance. L. 1985, c. 310,…

13:18A-5. Members; appointment; qualifications; terms of office; vacancies; removal; oath; reimbursement of expenses; vote necessary; chairman; executive director; veto by Governor a. The commission shall consist of 15 members to be appointed and qualified as follows: (1) Seven r…

13:18A-5.1 Pinelands Commission, approval for certain reconstruction of single family dwellings, exempt. 1. a. Except for the development of an historic resource as designated by the Pinelands Commission, a person shall be exempt from the Pinelands Commission approval of an appli…

13:18A-5.2 Solar panels not included in certain calculations relative to development in the pinelands. 2. Notwithstanding the provisions of the comprehensive management plan or any rule or regulation to the contrary, the commission shall not include solar panels in any calculatio…

13:18A-50. Funds for land acquisition; "limited practical use" defined 1. a. The Commissioner of Environmental Protection, utilizing any monies that may be made available from any source for the purpose, may acquire on behalf of the State from willing sellers any land or interest…

13:18A-51. Sale of land 2. a. If the commissioner determines that any land or interest therein acquired pursuant to subsection a. of section 1 of this act is not useful to be retained by the State, or any agency, authority, or entity thereof, for recreation and conservation purpo…