N.J. Admin. Code § 19:4-4.19

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:4-4.19 - Appeals

(a) Subject to the limits on third party hearings at (g) below, any variance recommendation, special exception use recommendation, or decision of the NJMC staff, including a decision that a person or entity has violated these regulations pursuant to 19:4-4.2 1, may be appealed in accordance with this section. Any recommendation of the NJMC staff, other than a variance recommendation or special exception use recommendation, shall not be subject to appeal.

(b) Any adversely affected person or entity may appeal any decision, variance recommendation, or special exception use recommendation by the NJMC staff through the New Jersey Office of Administrative Law (OAL), pursuant to the following procedures:

1. The person or entity appealing a decision, variance recommendation, or special exception use recommendation of the NJMC staff shall be known as an appellant and shall file a notice of appeal in writing, by certified mail, with the Executive Director within 15 days after the date of the decision.

2. The notice of appeal shall be deemed filed upon receipt by the Executive Director.

3. The notice of appeal shall contain the following:

i. A statement of the legal authority and jurisdiction under which the request for appeal is made;

ii. A brief statement of facts describing the NJMC staff decision, variance recommendation, or special exception use recommendation being appealed, as well as the nature and scope of the interest of the person or entity appealing such decision; and

iii. A statement of all facts alleged to be at issue and their relevance to the NJMC staff's decision, variance recommendation, or special exception use recommendation for which the appeal is made.

4. Within 10 days of receipt of a notice of appeal from a person or entity directly affected by a NJMC staff decision, variance recommendation, or special exception use recommendation, that is, the applicant for any zoning, subdivision, variance, special exception use, building permit, or other approval, or the person or entity cited for violation of these regulations, the Executive Director shall transmit the matter to the OAL for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. The Executive Director shall forward a third party appeal to the Board of Commissioners, which shall determine whether the third party appellant has the required interest under the Administrative Procedure Act, 52:14B-3.1 through 3.3, to be granted an appeal. Should the Board of Commissioners determine that the third party appeal may proceed, the Board of Commissioners shall direct the Executive Director to transmit the third party appeal to the OAL.

(c) An appeal by a person or entity directly affected by a NJMC staff decision, variance recommendation, or special exception use recommendation, that is, the applicant for any zoning, subdivision, variance, special exception use, building permit or other approval, or the person or entity cited for violation of these regulations, shall stay all proceedings in furtherance of the action with respect to which the decision appealed from was made and shall toll all applicable time limits, with the exception of fines, which shall continue to accrue, unless the Chief Engineer certifies to the Board of Commissioners, after the notice of appeal has been filed, that by reason of facts stated in the certificate, such stay and tolling would cause imminent peril to life or property. An appeal by a third party shall not automatically stay all decisions of or proceedings before the Board of Commissioners. In the case of a third party appeal, the Board of Commissioners shall grant a request for stay if the appellant shows good cause why the proceeding or action of the Board of Commissioners should be stayed.

(d) The Board of Commissioners shall accept, reject or modify the initial decision of the Administrative Law Judge within 45 days of receipt of the initial decision. The final decision of the Board of Commissioners shall be transmitted to the appellant within 10 days.

(e) An appellant aggrieved by any final decision of the Board of Commissioners under N.J.A.C. 19:4-3, 4, 5 and 7 or pursuant to (d) above resulting from any resolution of the Board of Commissioners may seek further judicial review by the Superior Court of New Jersey Appellate Division by filing a Notice of Appeal pursuant to R.2:1 et seq. of the New Jersey Court Rules.

(f) The NJMC staff shall maintain complete records of all actions of the Board of Commissioners with respect to appeals, which shall be available for inspection by the public as required by the Open Public Records Act, 47:1A-1 et seq.

(g) Nothing in this section shall be construed to provide a right to an administrative hearing in contravention of 52:14B-3.1 through 3.3 of the Administrative Procedure Act.

N.J. Admin. Code § 19:4-4.19

Amended by R.2005 d.210, effective 7/5/2005.
See: 36 N.J.R. 5659(a), 37 N.J.R. 427(a), 37 N.J.R. 2555(a).
Rewrote the section.
Amended by R.2009 d.40, effective 1/20/2009.
See: 40 N.J.R. 4696(a), 41 N.J.R. 624(b).
In (a), inserted a comma following "below" and inserted "or special exception use recommendation"; in the introductory paragraph of (b), and in (b)1, (b)1ii, (b)1iii, (b)4 and (c), substituted a comma for "or" preceding "variance" and inserted ", or special exception use recommendation"; in (b)4 and (c), inserted "special exception use,"; and in (e), substituted "any" for "the" preceding "final" and inserted "resulting from any resolution of the Board of Commissioners".
Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
In (e), inserted "under N.J.A.C. 19:4-3, 4, 5 and 7 or" and "of the New Jersey Court Rules.".