N.J. Admin. Code § 19:4-4.12A

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

Section 19:4-4.12A - Interpretation

(a) An interpretation of the Official Zoning Map and/or a particular rule may be granted in accordance with this section.

(b) Prior to the submission of a request for an interpretation, the requester shall attend a pre-submission conference with the NJMC staff to discuss the subject rule. Any statements or recommendations made by any representative of the NJMC in the context of a pre-submission conference shall be considered non-binding on the prospective applicant and the NJMC and shall confer no legal rights.

(c) A request for an interpretation shall be submitted in writing and filed with the NJMC staff.

(d) The written request for an interpretation shall include:

1. The full name and address of the party requesting the interpretation;

2. The excerpt of the existing rule or portion of the map for which an interpretation is sought;

3. An explanation of the request for interpretation;

4. The required fee in N.J.A.C. 19:4-11.2(a)19; and

5. Other such information as the NJMC may deem necessary from a specific requester.

(e) The decision of the Board of Commissioners shall be memorialized by a formal written resolution adopted at the meeting at which the interpretation is decided.

(f) A copy of the decision of the Board of Commissioners shall be transmitted to the applicant by the NJMC via certified mail and the NJMC shall advise the applicant of its right to appeal said decision as a final action of the Board of Commissioners in accordance with N.J.A.C. 19:4-4.1 9(e).

(g) No person shall contact or attempt to contact any member of the Board of Commissioners pertaining to a request for interpretation. No person shall contact or attempt to contact NJMC staff once the staff has deemed a request for interpretation complete and begins its review of the request.

(h) The interpretation shall be binding on the enforcement and administration of the rules unless and until it is superseded by a subsequent interpretation or rule change.

N.J. Admin. Code § 19:4-4.12A

New Rule, R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).