N.J. Admin. Code § 19:66-3.2

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

Section 19:66-3.2 - Land Use Regulation and Enforcement Division; personnel and process

(a) Appointment of personnel. The Authority may create, from time to time, positions within the Division, including a land use hearing officer, land use regulation and enforcement officer, and land use administrator, as it believes necessary for the proper operation of the Division and implementation of this chapter.

(b) Engagement of experts. In addition to Division staff, the Authority may employ such consultants and other experts as determined by the Authority.

(c) Process and procedures. Consistent with the express requirements, purposes, and intent of this chapter, the Division may promulgate such procedures and forms as are necessary to the effective administration and enforcement of the provisions of this chapter. Without limiting the foregoing, the land use administrator shall:

1. Schedule hearings as required by this chapter;

2. Prepare agenda for such hearings;

3. Keep verbatim recordings of the proceedings of hearing by either stenographic, mechanical, or electronic means;

4. Maintain all of the following:

i. Permanent and current records of this chapter, including all maps; amendments; conditional use, development, subdivision plat and site plan approvals and denials; interpretations; and decisions rendered by the Authority, together with relevant background files and materials;

ii. Duplicate copies of all CLUCs, numbered sequentially and showing the fee charged therefor, issued or denied pursuant to this chapter, together with such portions of the applications therefor as necessary to the proper administration of this chapter;

iii. A current file of all certificates, permits, or authorizations issued pursuant to this chapter, and all notices of violation, discontinuance, or removal issued by the Division for such time as necessary to ensure continuous compliance with the provisions of this chapter;

iv. A current file of all use interpretations issued pursuant to this chapter;

v. Current maps locating all applications for amendment, site plan/subdivision approvals, conditional uses, planned developments, variances, and appeals and indicating the disposition thereof; and

vi. Permanent and current records of all Authority meetings and hearings and minutes and transcripts taken therein.

(d) Applications shall be accepted and processed as follows:

1. Receipt and processing. The land use administrator shall receive all applications required to be filed pursuant to this chapter and such other documents as the regulations of the Authority may from time to time require. Applications shall be reviewed for completeness, and if any deficiencies are found, the applicant shall be notified of such deficiencies, in writing, within 45 calendar days following the filing of the application. In the alternative, if no such deficiencies exist, a notice of hearing shall be provided within the same 45-calendar-day period. After a determination that the application is complete, the land use administrator shall arrange for the application to be scheduled for a hearing on the next available hearing date.

2. Notice of hearing. The applicant shall be responsible for publishing the notice of hearing during which its application will be reviewed in accordance with the provisions of this chapter.

3. Investigation. The land use administrator may conduct, or cause to be conducted, such surveys, investigations, and field studies and photographs, charts, and exhibits as shall be necessary or convenient to the processing of any application filed with the Authority.

4. Plan review and CLUC. Pursuant to the provisions of this chapter, the land use administrator shall review all applications for CLUC and approve or disapprove such applications and issue or refuse to issue such certificates based on compliance or noncompliance with the provisions of this chapter. The CLUC will be issued or denied within 10 business days.

5. Acceptance of guaranties. The Authority shall accept performance and maintenance guaranties required to be paid pursuant to the provisions of this chapter.

6. Interpretations. Pursuant to the provisions of this chapter, upon written request of an applicant or as otherwise deemed necessary by the Authority, the land use administrator shall issue written interpretation of the meaning and applicability of specific provisions of this chapter. Any interpretation of this chapter rendered by the Authority shall be kept on file and become a public record open to inspection by interested parties at reasonable times and upon reasonable notice. Appeals of the land use administrator's determinations shall be decided in accordance with N.J.A.C. 19:66-14.3.

7. Notice of decision. Pursuant to the provisions of this chapter, the Division shall give or cause to be given notices of actions of the Authority taken pursuant to the provisions of this chapter.

8. Inspection and enforcement of this chapter shall be as follows:

i. In furtherance of the enforcement of this chapter, the land use administrator, as assigned, shall undertake such regular and continuing programs of inspection of work approved and under way and of existing structures and uses as may be feasible and proper within the limits of staff and funds; and shall receive from any person complaints alleging, with particularity, a violation of this chapter and, when appropriate, shall cause such investigations and inspections as may be warranted by such complaints. Upon finding the existence of any violation of this chapter, the land use administrator, as assigned, shall proceed as provided in accordance with the provisions of this chapter.

ii. The land use administrator shall cooperate with city building inspection and code enforcement officials to coordinate enforcement and inspection activities under this chapter with those conducted pursuant to the authority vested in such city personnel to achieve the greatest efficiency and avoid unnecessary duplication of efforts.

iii. Nothing in this section shall be interpreted to prevent any person entitled to relief in law or equity by reason of a violation of the provisions of this chapter from bringing an appropriate action to secure such relief.

N.J. Admin. Code § 19:66-3.2

Adopted by 50 N.J.R. 217(a), effective 1/2/2018