N.J. Admin. Code § 15:30-7.23

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

Section 15:30-7.23 - Petitions to amend endorsed plans, previously designated centers, and Plan Implementation Agreements

(a) Petitions to amend endorsed plans, previously designated centers, or Plan Implementation Agreements may be submitted by the original petitioner, in its annual or biennial report, unless either the endorsement period will end in less than two years or it can be demonstrated that, for special reasons, the proposed amendment cannot wait until the next biennial report is due.

(b) A petition to amend shall include, at a minimum:

1. A detailed justification statement outlining the reasons why the proposed amendment is necessary and consistent with both the Plan Endorsement petition, as approved by the State Planning Commission, and each of the State Plan goals, as applicable;

2. A statement updating the petitioner's latest monitoring report, if the petition amendment is not being proposed as part of an annual or biennial report;

3. A list of the documents being submitted;

4. Proof that notice of submission of the petition to amend to the Executive Director has been provided pursuant to N.J.A.C. 15:30-1.7(f) in the form of an affidavit of publication;

5. A certified resolution from the governing body for a municipal petitioner or the relevant planning entity for a county plan, regional plan, or special resource area plan, that is impacted by the petition to amend, approving the petition to amend, wherein said certified resolution authorizes the official of the municipality or the relevant planning entity to submit the petition and execute any requested or required amendment;

6. A copy of the meeting minutes of each public meeting or hearing at which the petition to amend was reviewed, and of the hearing during which the resolution approving the petition to amend was approved. The minutes shall include a summary of public comments and copies of written comments filed before or at the public meeting;

7. If any changes to the State Plan Policy Map are proposed, both the proposed and current State Plan Policy Map boundaries shall be depicted in digital files 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;

8. One hard copy in color and one electronic copy of the petitioner's proposed amendment;

9. A narrative description of public participation and planning coordination efforts used to prepare and submit the petition to amend;

10. A statement describing:

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

ii. How the amendment will impact public sector decisions;

iii. The reason(s) why the amendment cannot wait until the next revision of the State Plan; and

iv. The reason(s) why the amendment is not being proposed as part of a biennial report, if the amendment is not being proposed as part of a biennial report; and

11. A statement describing:

i. How the proposed amendment is consistent with the State Plan; and

ii. Either:

(1) How the amendment helps the municipality, adjacent municipalities, county, regional, and State agencies achieve consistency with the State Plan and the endorsed plan or previously designated centers; or

(2) Why the current Plan Implementation Agreement item that is proposed to be changed cannot be implemented and why the proposed change will accomplish the same purpose as well or better than the original agreement.

(c) Within 60 days of the receipt of a petition to amend, the Executive Director shall provide written notice to the petitioner and the Commission, as to whether the petition complies with this subchapter.

(d) In cases where the Executive Director finds that the petition to amend has not been submitted in accordance with this subchapter, the Executive Director shall inform the petitioner, in writing, within 60 days after receipt of the petition to amend, of the deficiencies of the petition. If a revised petition to amend is not resubmitted within 90 days after receipt of the Executive Director's notice, or as otherwise agreed, or is submitted incorrectly, it will be considered withdrawn without prejudice and the petitioner so notified. The Executive Director shall provide notice of any such withdrawal to those interested persons and organizations who have registered with the Office of Planning Advocacy in accordance with N.J.A.C. 15:30-1.6(b) and post such information on the Office of Planning Advocacy's website.

(e) In cases where the Executive Director finds that the petition to amend is submitted in accordance with this subchapter, or is resubmitted correctly pursuant to (a) and (b) above, the Executive Director shall provide public notice in accordance with N.J.A.C. 15:30-1.7(b) and send copies of the petition, plan, and supporting documents to the State agencies represented on the Commission and any other relevant State or Federal agency.

(f) The relevant State and Federal agencies receiving copies of a petition to amend pursuant to (e) above shall provide comments to the Executive Director within 60 days.

(g) Within the State and Federal agency 60-day review period, the Office of Planning Advocacy may hold a public hearing in an appropriate jurisdiction to receive public comment on the petition, with public notice provided pursuant to N.J.A.C. 15:30-1.7(b).

(h) The Office of Planning Advocacy shall hold a public hearing if the Executive Director receives a written request for such a hearing from the petitioner, the governing body of a municipality, or county, which is not the petitioner or a total of at least 10 written requests from other governmental agencies, advocacy groups, or individuals with a demonstrated interest in the petition within 10 days of the Office of Planning Advocacy providing public notice pursuant to (e) above that a petition to amend has been submitted in accordance with this subchapter.

(i) In cases where the Executive Director determines that a petition to amend is submitted in accordance with this section, the Executive Director shall determine within 90 days after the conclusion of the State and Federal agency review period whether the subject of the petition to amend is consistent with the State Plan.

(j) The Executive Director shall prepare a report containing detailed findings and conclusions concerning the consistency of the subject of the petition to amend with the State Plan. The Executive Director shall provide notice of the report pursuant to N.J.A.C. 15:30-1.7(b) and forward the report to the Commission, the petitioner, and post the report on the Office of Planning Advocacy's website.

1. If the Executive Director determines that the subject of the petition to amend is consistent with the State Plan, the Executive Director shall recommend that the petition to amend be approved by the Commission.

2. If the Executive Director determines that the subject of the petition to amend is not consistent with the State Plan, the Executive Director shall either recommend the necessary State Plan Policy Map, local planning, and/or local regulatory changes that should be required by the Commission to make the subject of the petition to amend consistent with the State Plan or recommend that the petition to amend be denied by the Commission.

3. If the Executive Director fails to submit a recommendation to the Commission concerning a petition to amend that has been determined to have been submitted pursuant to this subchapter within the 90-day time period set forth at (i) above, the petitioner may request that the Commission take direct action on the petition.

(k) The Commission and Plan Implementation Committee shall review the recommendation of the Executive Director, that the petition to amend was submitted in accordance with this subchapter, and the determination as to whether the subject of the petition to amend is consistent with the State Plan.

(l) Within 45 days after receipt of the recommendation, the Commission shall conduct a hearing on the petition to amend and affirm, revise, or reverse the Executive Director's recommendation, based on its determination of whether the subject of the petition is consistent with the State Plan. The Commission determination on the petition to amend shall be a final agency action.

(m) The Executive Director shall, within 30 days after Commission action as set forth at (l) above, notify the petitioner, in writing, of the Commission's determination, findings, and recommendations regarding the petition to amend.

(n) Within 45 days of the Commission determining whether the petition to amend was submitted in accordance with this section, and is consistent with the State Plan, the Executive Director shall post notice of said determination pursuant to N.J.A.C. 15:30-7.4.

N.J. Admin. Code § 15:30-7.23

Amended and Recodified from 5:85-7.24 by 56 N.J.R. 41(b), effective 1/2/2024