SENATE, No. 2025

 

STATE OF NEW JERSEY

 

INTRODUCED APRIL 21, 1997

 

 

By Senator CAFIERO

 

 

An Act concerning development in the Pinelands and supplementing P.L.1979, c.111 (C.13:18A-1 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. a. Except for the development of a historic resource as designated by the Pinelands Commission, a person shall be exempt from the Pinelands Commission approval of an application for development pursuant to section 14 of P.L.1979, c.111 (C.13:18A-15) for the improvement, expansion or reconstruction within five years of destruction or demolition of a single family dwelling or appurtenance thereto.

    b. The Pinelands Commission, in reviewing any application for development for the improvement or reconstruction of a single family dwelling or appurtenance thereto five years or more after destruction or demolition of the single family dwelling, shall determine that such improvement or reconstruction is in conformance with the comprehensive management plan adopted pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8) if the person submitting the application for development for the improvement or reconstruction demonstrates:

    (1) the improvement or reconstruction does not involve a historic resource as designated by the Pinelands Commission;

    (2) the improvement or reconstruction is performed within 25 years of the destruction or demolition of a single family dwelling unit or appurtenance thereto;

    (3) the foundation of the demolished or destroyed single family dwelling unit is intact, will be used for the development and will constitute the footprint of the improvement or reconstruction; and

    (4) the destroyed or demolished building was a single family dwelling.

The Pinelands Commission shall transmit any determination made pursuant to this subsection, by certified mail, to the person who submitted the application.

  

    2. This act shall take effect 90 days following enactment.


STATEMENT

 

    This bill would exempt any development from Pinelands Commssion approval that consists of the improvement, expansion, or reconstruction of a single family dwelling that is not a designated historic resource if the improvement, expansion or reconstruction takes place within five years of the destruction or demolition. This bill would also require the Pinelands Commission to find that an application for development for the improvement or reconstruction of a single family dwelling that occurs more than five years after the demolition or destruction is in conformance with the comprehensive management plan if the applicant can demonstrate that the improvement or reconstruction does not involve a historic resource as designated by the Pinelands Commission, the improvement or reconstruction is performed within 25 years of the destruction or demolition of a single family dwelling unit, the foundation of the demolished or destroyed single family dwelling unit is intact, will be used for the development and will constitute the footprint of the improvement or reconstruction; and the destroyed or demolished building was, in fact, a single family dwelling.

 

 

                             

 

Requires Pinelands Commission to approve reconstruction of single family dwellings in Pinelands under certain circumstances.