N.J. Admin. Code § 15:30-7.20

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

Section 15:30-7.20 - Monitoring of endorsed plans and designated centers

(a) The Executive Director shall periodically monitor the status and progress of endorsed plans and associated Planning and Implementation Agreements and previously designated centers, during the term of plan endorsement or prior center designation and shall forward all reports to the Commission.

(b) Within one year from the date of endorsement, municipalities, counties, or other relevant planning entities having endorsed plans or previously designated centers shall provide an annual report (also known as a monitoring report) to the Executive Director on the status of their Plan Implementation Agreement efforts, with biennial reports due thereafter. In order to be accepted by the Office of Planning Advocacy, the annual or biennial report must be submitted within the year and month in which it is required, unless previously negotiated with the Executive Director prior to the submission deadline, as determined in consultation with the Plan Implementation Committee. The annual and biennial reports shall state how the endorsed entity is meeting the Plan Implementation Agreement timelines and requirements, both due and upcoming. In order to be accepted by the Office of Planning Advocacy, the annual or biennial report must be submitted within the year and month in which it is required, unless previously negotiated with the Executive Director prior to the submission deadline as determined in consultation with the Plan Implementation Committee. The annual and biennial reports shall state how the endorsed entity is meeting the Plan Implementation Agreement timelines and requirements, both due and upcoming. It shall include any Board of Adjustment Annual Report on Variances pursuant to N.J.S.A. 40:55D-70.1, planning board reports, and significant updates to other planning materials submitted as part of the petition for plan endorsement, including zoning ordinances or other implementation measures, adopted since plan endorsement, or prior center designation and submission of the last annual report. The report shall state how these items are consistent with the State Plan, the endorsed plan, and the terms of the Plan Implementation Agreement.

(c) Within 45-days of receipt of each monitoring report pursuant to (b) above, the Executive Director shall submit a letter to the endorsed entity indicating the extent to which the terms of the Plan Implementation Agreement are being met. The letter shall include any concerns or corrective actions to be addressed towards the Plan Implementation Agreement's successful completion.

(d) A monitoring report may include written requests to revise certain requirements of the Plan Implementation Agreement that are unrelated to the State Plan Policy Map. Such requests shall be considered on a case-by-case basis at the discretion of the Executive Director in consultation with the Plan Implementation Committee, based on a determination of whether the item that is proposed to be changed remains applicable or feasible given current circumstances, and whether the proposed modification or replacement item would achieve the same level of consistency with the State Plan. If the Executive Director determines that the subject of the request is not consistent with the State Plan, or is significant enough to warrant consideration by the State Planning Commission, the Executive Director will deny the request, in writing, in which case, a petitioner may submit a petition for an amendment to the Plan Implementation Agreement pursuant to N.J.A.C. 15:30-7.23.

(e) At least 45 days prior to the beginning of the calendar year in which a municipality, county, or other relevant planning entity's final, year-nine biennial report is due for submission to the Office of Planning Advocacy, the Executive Director shall submit an electronic letter to the endorsed entity, outlining any remaining incomplete tasks identified for completion under the Plan Implementation Agreement, as adopted or amended by the State Planning Commission, or through subsequent petitioner-requested changes, as approved by the Executive Director pursuant to (d) above. The letter shall advise the petitioner as to the extent to which the endorsed plan is presently eligible for the expedited Plan Endorsement Renewal process pursuant to N.J.A.C. 15:30-7.21(c), based on the status of previous monitoring submissions, overall performance, and good faith efforts, to date, in completing required tasks and completion timelines as specified under the Plan Implementation Agreement. The letter shall include a copy of the Plan Endorsement Renewal Guidelines, and any other pertinent information to assist the endorsed entity in proactively working towards obtaining Plan Endorsement Renewal before expiration of when Endorsement ends.

(f) Any remaining incomplete Plan Implementation Agreement tasks shall be addressed in the final year-nine biennial report. The report shall provide supporting documentation and a responsive narrative discussion outlining the extent to which all tasks have been completed in accordance with the Plan Implementation Agreement, and address any issues raised in the letter from the Executive Director pursuant to (e) above. It shall also indicate whether the endorsed entity intends to pursue the expedited Plan Endorsement Renewal process, and, if so, how the Plan Implementation efforts to date, demonstrate consistency with the terms of the Plan Implementation Agreement and petition as endorsed by the State Planning Commission. The extent to which the Plan Implementation Agreement tasks have been completed to the satisfaction of the Executive Director, in consultation with the Plan Implementation Committee, shall determine whether the endorsed entity shall be granted the opportunity to pursue Plan Endorsement Renewal in accordance with N.J.A.C. 15:30-7.21 or go through the standard Plan Endorsement process pursuant to N.J.A.C. 15:30-7.1 through 7.19. The required tasks set forth in the Plan Implementation Agreement shall be completed within the timelines provided, unless otherwise negotiated in advance of expiration in accordance with (d) above, or as amended pursuant to N.J.A.C. 15:30-7.23. Any discrepancies shall be justified with supporting evidence in the monitoring report within which the required action and timeline for completion is required.

(g) At least 30 days prior to adoption of a new or significantly revised plan by municipalities, counties, regional agencies, or planning authorities with endorsed plans or previously designated centers, copies of said new or significantly revised plans shall be provided to the Executive Director. Within 30 days after adoption of said new or significantly revised plans identified in this subsection, copies shall be provided to the Executive Director. The impacts of the new or significantly revised plan on the endorsed plan shall also be addressed in the next regularly scheduled annual report.

(h) If a complaint is received by the Office of Planning Advocacy or the Commission of failure to comply with the terms of an endorsed plan or the Planning and Implementation Agreement or a Planning Implementation Agenda prepared in connection with a prior center designation, within 45 days of receipt of said complaint, the Executive Director shall investigate and report to the Commission. Public notice of any such complaint and any report by the Executive Director shall be provided in accordance with N.J.A.C. 15:30-7.4.

N.J. Admin. Code § 15:30-7.20

Amended and Recodified from 5:85-7.22 by 56 N.J.R. 41(b), effective 1/2/2024