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10 N.J.A.R. 237

Pinelands Commission; Kruckner, Herman III v.
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Citation: 10 N.J.A.R. 237
Decision Date: 1987
Synopsis: Petitioner requested a waiver under N.J./t.C. 7:50-4.61 et seq. of strict compliance with the provisions of the Comprehensive Manage- ment Plan for the Pinelands which establish minimum standards for septic waste water treatment systems. N.J./t.C. 7:50-6.84(a) (2). The matter was transmitted to the Office of Administrative kaw for a hearing. Petitioner sought the waiver on the basis of extraordinary hard- ship, pursuant to N.J./t.C. 7:50-4.66, in order to sell his Pinelands property to purchasers being funded by a Federal housing program that does not approve septic systems that would meet minimum stan- dards. Petitioner argued that the cost of an acceptable septic system would be prohibitive for purchasers. The administrative law judge denied the waiver because petitioner did not establish that the property was not capable of yielding a reasonable return. The fact that purchasers in this case could not obtain financing for an acceptable septic system did not mean that the property could not yield a reasonable return in another situation. Therefore, petitioner failed to prove extraordinary hardship. Upon review, the Pinelands Commission adopted this initial de- cision. Herman Kruckner, III, petitioner, pro se Loraine Otis, Deputy Attorney General, for respondent (Cary Ed- wards, Attorney General of New Jersey, attorney)
Rule(s) Cited: 6:29-1.9 7:50-4.61 7:50-4.66(a) 1 7:50-6.84(a)2ii 
Statute(s) Cited: 7:50-5.13(g)