7:50-5.31 Minimum standards for substandard lots
(a) A municipality may, as a part of its master plan and land use ordinance prepared and certified under the provisions of N.J.A.C. 7:50-3, exempt the owners of parcels of land within the Protection Area from the density limitations of this Part, provided that:
1. The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner;
2. The parcel has been in the continuous ownership since February 7, 1979 of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation;
3. No lot that was in common ownership with any contiguous land on or after February 8, 1979 that contains substantial improvements is exempt from the density provisions of this Part;
4. No lot that does not include all vacant contiguous lands in common ownership on or after February 8, 1979 is exempt from the density provisions of this Part; and
5. No lot of less than one acre will be exempt from the density provisions of this Part.
(b) A municipality may, as a part of its master plan and land use ordinances prepared and certified under the provisions of N.J.A.C. 7:50-3, modify or eliminate one or more of the standards set forth in (a)1 through 3 above, provided that any resulting increase in projected development is offset by a decrease in the densities otherwise permitted in the applicable management area.
Amended by R. 1994 d. 590, effective December 5, 1994. See: 26 N.J.R. 165(a), 26 N.J.R. 4795(a). Amended by R. 1996 d. 225, effective May 20, 1996. See: 27 N.J.R. 3878(a), 28 N.J.R. 2596(a).