N.J. Admin. Code § 15:30-8.4

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

Section 15:30-8.4 - Procedures

(a) Petitions to amend the State Plan Policy Map shall be submitted to the Executive Director of the Office of Planning Advocacy, who shall serve as agent for the State Planning Commission in the administration of this subchapter. A petitioner shall submit a written copy of the proposed map amendment petition documentation required pursuant to (b)1 and 8 below.

(b) A petition to amend the State Plan Policy Map shall include, at a minimum:

1. Petitioner's name, address and telephone number, including the same information for the duly authorized agent, if any, who will represent the petitioner, with proof of authorization;

2. A statement describing the interest of the entity or individual submitting the petition in the land area under consideration, including, at a minimum:

i. For a State agency, its public policy (planning or regulatory) interests; and

ii. For an individual or private entity, their or its financial, ownership, or contractual interests and a description of any pertinent regulatory actions occurring during the immediate past five years or any planned or anticipated in the next three years regarding the use of the property;

3. A statement describing:

i. How the amendment promotes local, regional and State goals and objectives;

ii. How the amendment will impact the local zoning district in which the State Plan Policy Map amendment is proposed;

iii. How the amendment will impact infrastructure and associated capacity in the municipality in which the State Policy Map amendment is proposed;

iv. How the amendment will impact adjacent municipalities;

v. How the amendment will impact adjoining zoning districts of adjacent municipalities;

vi. How the amendment will impact public sector decisions; and

vii. The reason(s) why the amendment cannot await the next revision of the State Development and Redevelopment Plan, if the petitioner is an individual or private entity;

4. A report describing:

i. How the proposed amendment is consistent with the provisions of the State Development and Redevelopment Plan and any adjoining municipal, county or regional plan endorsed by the State Planning Commission, citing the pertinent provisions in each plan; and

ii. How the proposed amendment helps each municipality, county and regional agency impacted by the proposed amendment achieve consistency with the State Development and Redevelopment Plan, and any adjoining municipal, county or regional plan endorsed by the State Planning Commission;

5. If any changes to the State Plan Policy Map are proposed, the proposed State Plan Policy Map boundaries shall be depicted in digital files, at a minimum, conforming to USGS National Map Accuracy Standards for 1:6,000 with 90 percent vertices within 16.66 feet of intended location and as provided in the Plan Endorsements Guidelines established by the State Planning Commission;

6. Proper authorization and endorsement are as follows:

i. For a State agency, the petition shall include a transmittal letter on letterhead from the departmental Commissioner or Secretary requesting consideration of the petition;

ii. For an individual or private entity, the petition shall include a certified copy of the authorization to submit the petition; and

iii. For an individual or private entity, at the discretion of the petitioner, the petition may include endorsements of the amendment by public and private organizations;

7. Documentation that the public notice requirements at N.J.A.C. 15:30-1.7(g) have been met for the proposed map amendment; and

8. A list of documents being submitted.

(c) The Executive Director of the Office of Planning Advocacy shall forward one copy of the petition for proposed map amendment, along with a cover letter, to the appropriate municipal and county governing bodies and planning boards for their review and comment. The cover letter shall include a general outline detailing the respective roles of the appropriate governing bodies, planning boards, Petitioner, State Planning Commission, and Office of Planning Advocacy, along with any other pertinent procedural information associated with the proposed map amendment process pursuant to N.J.A.C. 15:30-1.7(g) and as set forth at (b) above. If no comment is received within 90 days after mailing said petition, the municipality or county shall be deemed to have no comment on the proposed map amendment.

(d) If the State Planning Commission initiates a map amendment, the Executive Director of the Office of Planning Advocacy shall notify the appropriate municipal and county governing bodies and planning boards for their review and comment. If no comment is received within 90 days after mailing said notice, the municipality or county shall be deemed to have no comment on the proposed map amendment.

(e) The Office of Planning Advocacy shall hold an in-person, virtual, or mixed mode public hearing in an appropriate municipal, county, or regional jurisdiction to receive testimony when a petition for the map amendment is initiated by the State Planning Commission. Notice of this hearing shall be provided pursuant to N.J.A.C. 15:30-1.7(b).

(f) The State Planning Commission may, at its discretion, request the Plan Implementation Committee to hear and review proposed map amendments, including those initiated by the State Planning Commission. Only the State Planning Commission may act on a proposed map amendment petition.

(g) If an individual or private entity initiates a map amendment, the appropriate municipality within which the amendment is proposed, may, at its discretion, hold an in-person or virtual public hearing to receive testimony on the map amendment in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A 10:4-6 et seq:

1. At least 10 days prior to the public hearing date, the individual or private entity initiating the map amendment, shall provide notice in accordance with N.J.A.C. 15:30-1.7(g);

2. The municipality shall provide the Executive Director with proof that notice of the hearing on the map amendment has been provided pursuant to N.J.A.C. 15:30-1.7(g) in the form of an affidavit of publication;

3. At the conclusion of the public hearing, the municipality shall consider adopting a certified resolution expressing either support or opposition to the map amendment petition; and

4. Within 30 days of the hearing, a copy of the resolution and meeting minutes at which the hearing on the map amendment petition was held, shall be transmitted to the Executive Director. The minutes shall include a summary of public comments and copies of written comments filed before or at the public meeting.

N.J. Admin. Code § 15:30-8.4

Amended and Recodified from 5:85-8.4 by 56 N.J.R. 41(b), effective 1/2/2024