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

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…

13:18A-52. Use of monetary proceeds 3. a. Any monetary proceeds realized from the sale, exchange, conveyance, or transfer of any land or interest therein pursuant to section 2 of this act may be used by the commissioner to acquire additional lands or interests therein deemed to b…

13:18A-53. Actions, conformity with law 4. No action may be taken pursuant to this act unless it is consistent with section 502 of the "National Parks and Recreation Act of 1978" and conforms with, and furthers the purposes of, the comprehensive management plan for the pinelands …

13:18A-54. Rules, regulations 5. The commissioner, in consultation with the Pinelands Commission, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this act. L.1995,c.232,s.…

13:18A-55. "Pinelands Preservation Fund" 2. a. There is created in the Department of the Treasury a non-lapsing, revolving fund to be known as the "Pinelands Preservation Fund." The fund shall be the depository of the fees collected pursuant to subsection b. of section 1 of P.L.1…

13:18A-56 Findings, declarations relative to economic development in the Pinelands. 1. The Legislature finds and declares that the Pinelands comprehensive management plan and its accompanying land use regulations place a number of restrictions on opportunities for economic develo…

13:18A-57 Pilot program developed by Pinelands Commission. 2. a. The Pinelands Commission shall develop a pilot program to assist rural Pinelands municipalities in non-growth regions in the Pinelands area in identifying economic development opportunities that complement regional …

13:18A-58 Report by Pinelands Commission to Governor, Legislature. 3. Not later than two years after the effective date of this act, the Pinelands Commission shall prepare and submit a report to the Governor and the Legislature describing the pilot program developed pursuant to t…

13:18A-6 Powers. 6. The Pinelands Commission 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 maintain an office at…

13:18A-7. Pinelands Municipal Council established 6.1. a. There is hereby established a Pinelands Municipal Council, the membership of which shall consist of the mayor, or his designee, of each municipality located, in whole or in part, within the pinelands area. b. (1) Fifteen m…

13:18A-7.1. Election of officers by council 2. a. The council shall annually elect from among its members a chairperson, vice-chairperson, secretary, and treasurer. The term of office for each of those offices shall be one year, commencing April 1st and extending to March 31st of…

13:18A-8. Comprehensive management plan; preparation and adoption; contents The commission shall, on or before August 8, 1980, and after public hearings held in the pinelands area and in other areas of the State at places of its choosing, prepare and adopt a comprehensive managem…

13:18A-8.1 Certain field sports conducted in pinelands area deemed low intensity recreational use. 1. Field sports, including but not limited to soccer and soccer tournaments, conducted or occurring in an agricultural production area within the pinelands area, shall constitute a …

13:18A-9. Goals of comprehensive management plan a. The goal of the comprehensive management plan with respect to the entire pinelands area shall be to protect, preserve and enhance the significant values of the resources thereof in a manner which is consistent with the purposes …

13:19-1. Short title This act shall be known and may be cited as the "Coastal Area Facility Review Act." L.1973, c. 185, s. 1.

13:19-10 Review of applications; required findings. 10. The commissioner shall review filed applications, including any environmental impact statement and all information presented at public hearings or during the comment period, or submitted during the application review period.…

13:19-10.1 Wind dependent energy facilities, construction on piers, certain circumstances; permitted. 1. a. Notwithstanding the provisions of any rule or regulation adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) to the contrary, construction of a wind dependent energy fa…

13:19-11. Grounds for denial of permit application; conditional permit; approval of nuclear electricity generating facility. 11. Notwithstanding the applicant's compliance with the criteria listed in section 10 of P.L.1973, c.185 (C.13:19-10), if the commissioner finds that the p…

13:19-11.1. Low, moderate income housing, no conditions for 1. Notwithstanding the provisions of any rule or regulation to the contrary, the department shall not require the provision for low and moderate income housing as a condition for approval of an application to construct o…

13:19-13.1. Coastal Area Review Board abolished upon completion date of duties 20. a. The Coastal Area Review Board established pursuant to section 13 of P.L.1973, c.185 (C.13:19-13) is, upon the completion date of its duties, abolished, and all powers, functions and duties there…

13:19-14. Continuance in force of issued permit 14. In the event of rental, lease, sale or other conveyances by an applicant to whom a permit is issued, such permit, with any conditions, shall be continued in force and shall apply to the new tenant, lessee, owner, or assignee so …

13:19-15. Effect of denial on future submittal of new application The denial of an application shall in no way adversely affect the future submittal of a new application. L.1973, c. 185, s. 15.

13:19-16.1 "Shore Protection Fund" created. 1. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Shore Protection Fund." The monies in the fund are dedicated and shall only be used to carry out the purposes enumerated in subsecti…

13:19-16.2 Priority system for ranking shore protection projects. 1. a. The Commissioner of Environmental Protection shall develop a priority system for ranking shore protection projects and establish appropriate criteria therefor. Commencing with the fiscal year beginning on Jul…

13:19-16.3 Public hearings for shore protection projects, certain. 1. Whenever the State enters into an agreement, on or after the date of enactment of this act, with the United States Army Corps of Engineers for the State to assume responsibility as the non-federal sponsor of a …

13:19-17. Rules, regulations 17. a. The department shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to effectuate the purposes of this act. b. Within one year of the enactment date of P.L.19…

13:19-18 Violations, remedies, penalties; "Cooperative Coastal Monitoring, Restoration and Enforcement Fund." 18. a. Whenever, on the basis of available information, the department finds that a person has violated any provision of P.L.1973, c.185 (C.13:19-1 et seq.), or any rule …

13:19-19. Applicability of act 19. The provisions of this act shall not be regarded as to be in derogation of any powers now existing and shall be regarded as supplemental and in addition to powers conferred by other laws, including the authority of the department to regulate wat…