N.J. Admin. Code § 15:30-7.15

Current through Register Vol. 56, No. 24, December 18, 2024

Section 15:30-7.15 - Recommendation report, review of petition, and direct petition

(a) Within 60 days of satisfaction of action items in an Action Plan by the petitioner, and development of a draft Plan Implementation Agreement and associated State Planning Areas Map, the Executive Director shall prepare a recommendation report to the Plan Implementation Committee. The report shall either determine that the plan is consistent or not consistent with the State Plan.

(b) Within 45 days after receipt of the Executive Director's recommendation report on consistency pursuant to N.J.A.C. 15:30-7.14(a) or (c), or a direct petition pursuant to (d) below or N.J.A.C. 15:30-7.23(d), the Plan Implementation Committee will consider the recommendation report at a regularly-scheduled meeting, occurring no sooner than 10 days following the provision of public notice of same.

(c) If the Plan Implementation Committee requests additional information from the petitioner to make its determination, it may add an additional 45 days after receipt of the requested information, before making a recommendation on the petition. The Plan Implementation Committee will recommend to the State Planning Commission that the petition be: considered for approval, considered for approval with revisions, or denied.

(d) A petitioner may directly petition the State Planning Commission for plan endorsement under the following circumstances:

1. If the Plan Implementation Committee fails to make a recommendation on the petition within 45 days of receipt of the Executive Director's Report or within 45 days of receipt of the requested additional information, or if the petitioner disagrees with the recommendation of the Plan Implementation Committee; or

2. If the Office of Planning Advocacy fails to prepare a draft Plan Implementation Agreement and State Planning Area Map pursuant to N.J.A.C. 15:30-7.14(a).

(e) Within 60 days of achieving initial consistency with the State Plan, completion of the items set forth in the Action Plan, and successful negotiation of the draft Plan Implementation Agreement and State Planning Areas Map with the petitioner, the Executive Director shall submit a recommendation report along with the draft Plan Implementation Agreement and proposed State Planning Area Map to the State Planning Commission for its consideration, within 60 days of the conclusion of the 90-day consistency review period. The recommendation report shall contain findings and conclusions to support the determination that the petition, completed Action Plan, and draft Plan Implementation Agreement and State Planning Areas Map are adequate to achieve and maintain consistency with the State Plan.

(f) Within 45 days of receiving the draft Plan Implementation Agreement and State Planning Areas Map, the State Planning Commission shall determine whether the draft Plan Implementation Agreement and State Planning Areas Map are appropriate to achieve and maintain consistency with the State Plan and any additional procedures from the State Plan Endorsement Guidelines and related support materials.

(g) If the State Planning Commission determines that the terms and conditions of the draft Plan Implementation Agreement and State Planning Areas Map are not appropriate to achieve consistency, then it shall revise the draft Plan Implementation Agreement, as necessary, so that it is appropriate to achieve consistency.

(h) If the Executive Director fails to provide a draft Plan Implementation Agreement and State Planning Areas Map to the State Planning Commission and the petitioner within the 90-day consistency review period, then the petitioner may directly petition the State Planning Commission for plan endorsement, pursuant to (d) above.

N.J. Admin. Code § 15:30-7.15

Amended and Recodified from 5:85-7.18 by 56 N.J.R. 41(b), effective 1/2/2024