N.J. Admin. Code § 15:30-1.7 - Public notice requirements, form, content, and timing

(a) At least 60 days prior to the release of approval of a Preliminary State Development and Redevelopment Plan pursuant to N.J.A.C. 15:30-2, the Office of Planning Advocacy shall seek comments:

1. By posting information concerning the intention to approve a Preliminary State Development and Redevelopment Plan on the Office of Planning Advocacy website;

2. By providing written notice to all persons or organizations who have registered with the Office of Planning Advocacy to receive public notice concerning the preparation and adoption of the State Development and Redevelopment Plan pursuant to N.J.A.C. 15:30-1.6(b); and

3. By providing written notice to all mayors, county executives, and administrators and all municipal and county clerks, boards of county commissioners and planning boards, and appropriate regional, State, and Federal agencies.

(b) Public notice requirements for the State Planning Commission or the Executive Director pursuant to N.J.A.C. 15:30-3, 4, 7, and 8 are as follows:

1. All meetings shall satisfy notice requirements of the Senator Byron M. Baer Open Public Meeting Act, N.J.S.A. 10:4-6 et seq.

2. All hearings shall satisfy timing and content requirements as provided for at (j) below.

3. Public notice of meetings or hearings shall be provided as follows:

i. By posting on the Office of Planning Advocacy website;

ii. By publishing a legal advertisement in at least one newspaper of general circulation in the area in which the meeting or hearing will be held;

iii. By written notice to all persons or organizations who have registered with the Office of Planning Advocacy to receive public notice of meetings or hearings concerning a particular matter pursuant to N.J.A.C. 15:30-1.6(b);

iv. By written notice to appropriate regional, State and Federal agencies;

v. If the public notice concerns a meeting regarding cross-acceptance pursuant to N.J.A.C. 15:30-3 or 4:

(1) By written notice to the negotiating entity;

(2) By written notice to the mayor, governing body, clerk and planning board of any municipality which is a subject of the negotiations; and

(3) By written notice to the board of county commissioners, county executive or administrator, if any, county clerk, and county planning board if the county is not the negotiating entity;

vi. If the public notice concerns a meeting or a hearing regarding a petition filed pursuant to N.J.A.C. 15:30-7 or 8:

(1) By written notice to the petitioner;

(2) By written notice to the mayor, clerk and planning board of any municipality in which the property that is the subject of the petition is located if the municipality is not the petitioner; and

(3) By written notice to the board of county commissioners, county executive or administrator, if any, county clerk, and county planning board of any county in which property that is subject of the petition is located if the county is not the petitioner; and

vii. If the public notice concerns a minor map proposed by the State Planning Commission by, providing written notice to all owners of property that is subject of the petition and all owners of property located within 200 feet of the property or area that is subject of the petition.

(c) In addition to the public notice provisions provided at (b) above, notice of hearings on the draft Final State Development and Redevelopment Plan and the draft Infrastructure Needs Assessment held pursuant to N.J.A.C. 15:30-5.2(a) shall be published at least 30 days in advance of the hearing on the municipality's and county's website, and in a legal advertisement in at least two newspapers designated by the municipality for publication of public notices, which circulate in the area served by the hearing and provided with at least 30 days' notice to the governing body and planning board of each county and municipality in the area served by the hearing.

(d) Public notice requirements for a municipality or county pursuant to N.J.A.C. 15:30-3 and 4 are as follows:

1. All meetings shall satisfy notice requirements of the Senator Byron M. Baer Open Public Meeting Act, N.J.S.A. 10:4-6 et seq.

2. All hearings shall satisfy timing and content requirements as provided for at (j) below.

3. In addition, all public notice of meetings or hearings shall be further provided, as follows:

i. By publishing a standard legal advertisement in each official newspaper of the municipality or county required to give public notice;

ii. By written notice to the mayor, clerk and planning board of any municipality that adjoins the municipality or county required to provide the public notice;

iii. By written notice to the board of county commissioners, county executive or administrator, if any, county clerk, and county planning board of any county that adjoins the municipality or county required to provide the public notice;

iv. By written notice to the Executive Director;

v. Municipalities shall provide written notice to the municipal clerk to disseminate to the municipal planning board, board of education, environmental commission, if any, and each authority, board, commission, committee and department involved in economic development, land use, infrastructure or resource protection in that municipalities; and

vi. Counties shall provide written notice to the county clerk to disseminate to the county planning board and each authority, board, commission, and department involved in economic development, land use, infrastructure or resource protection in that county and to the mayor, governing body, clerk and planning board of each municipality in that county.

(e) All public notices required to be given by a negotiating entity pursuant to N.J.A.C. 15:30-3 or 4 shall be provided as follows when the negotiating entity is not a county:

1. By publishing a standard legal advertisement in each official newspaper of the county or counties for which the negotiating entity is conducting cross-acceptance;

2. By notifying the mayor, clerk and planning board of any municipality that adjoins the county or counties for which the negotiating entity is conducting cross-acceptance;

3. By notifying the board of county commissioners, county executive or administrator, if any, county clerk, and county planning board of any county that adjoins the county or counties for which the negotiating entity is conducting cross-acceptance;

4. By notifying the State Planning Commission;

5. By notifying the Executive Director of the Office of Planning Advocacy;

6. By providing written notice to the mayor, governing body, clerk and planning board, environmental commission, if any and each authority, board, commission, committee and department involved in economic development, land use, infrastructure or resource protection in the municipality for which the negotiating entity is conducting cross-acceptance; and

7. By providing written notice to the board of county commissioners, county executive or administrator, if any, county clerk, county planning board, and each authority, board, commission, committee, and department involved in economic development, land use, infrastructure, or resource protection in the county for which the negotiating entity is conducting cross-acceptance.

(f) Public notice requirements for a petitioner for a plan endorsement pursuant to N.J.A.C. 15:30-7 are as follows:

1. All meetings shall satisfy notice requirements of the Senator Byron M. Baer Open Public Meeting Act, N.J.S.A. 10:4-6 et seq.;

2. All hearings shall satisfy timing and content requirements as provided for at (j) below;

3. All visioning workshops conducted pursuant to N.J.A.C. 15:30-7.11 shall be noticed at least 10 days in advance using the methods described at N.J.A.C. 15:30-7.11(a);

4. Publication of meetings or hearings shall be performed as follows:

i. For municipal or county petitioners, by publishing a standard legal advertisement in each official newspaper of each municipality or county for which the petitioner is seeking plan endorsement, respectively;

ii. For regional petitioners, by publishing a standard legal advertisement in each official newspaper of each county within the region for which the petitioner is seeking plan endorsement, or if said region is within a single county, then by publishing a standard legal advertisement in each official newspaper of said county and each municipality within said region; or

iii. For special resource area petitioners, by publishing a standard legal advertisement in each official newspaper of each county within the special resource area for which the petitioner is seeking plan endorsement or if said special resource area is within a single county, then by publishing a standard legal advertisement in said county and each official newspaper of each municipality within said special resource area;

5. Additional public notice to local governmental entities and neighboring municipalities or counties shall be performed, as follows:

i. For municipal petitioners, by written notice to the mayor, governing body, planning board, and municipal clerk for dissemination to the environmental commission (if any) and each authority, board, commission, committee and department involved in economic development, land use, infrastructure or resource protection in the municipality for which plan endorsement is being sought and to the municipal clerk of adjoining municipalities for dissemination to the mayor, governing body and planning board in any municipality adjoining the municipal petitioner; or

ii. For county, regional, and special resource area petitioners, by written notice to the board of county commissioners, county executive or administrator, if any, and county planning board, and to the county clerk of any county that adjoins the county, region, or special resource area for dissemination to the mayor, governing body, and each authority, board, commission, and department involved in economic development, land use, infrastructure, or resource protection in that county; and

6. Petitioners shall provide written notice to the Executive Director of public meetings or hearings held pursuant to N.J.A.C. 15:30-7

(g) Any entity petitioning for a map amendment pursuant to N.J.A.C. 15:30-8, shall provide public notice as follows:

1. By publishing a standard legal advertisement in each official newspaper of each municipality and county in which the property that is the subject of the petition is located;

2. By providing written notice to the mayor, clerk, and planning board of each municipality in which the property that is the subject of the petition is located and of each municipality which adjoins the municipality in which the property that is the subject of the petition is located;

3. By providing written notice to the board of county commissioners, county executive or administrator, if any, county clerk, and county planning board of any county in which the property that is the subject of the petition is located and of each county which adjoins the property that is the subject of the petition;

4. By providing written notice to all owners of property that is subject of the petition and all owners of property within 200 feet of the property or area that is subject of the petition;

5. By notifying the State Planning Commission; and

6. By notifying the Executive Director of the Office of Planning Advocacy.

(h) Within five days of the Office of Planning Advocacy being informed that notice has been provided pursuant to (d), (e), (f), and (g) above; receiving a completed petition pursuant to N.J.A.C. 15:30-7 or 8; the issuance of the Executive Director's monitoring report pursuant to N.J.A.C. 15:30-7.22, or the issuance of the Executive Director's report on a petition submitted pursuant to N.J.A.C. 15:30-8, the Office of Planning Advocacy shall:

1. Post information concerning said notice, petition, or report on the Office of Planning Advocacy website;

2. Provide written notice concerning said notice, petition, or report to all persons or organizations who have registered with the Office of Planning Advocacy to receive public notice concerning a particular matter pursuant to N.J.A.C. 15:30-1.6(b); and

3. Provide written notice concerning said notice, petition, or report to appropriate regional, State and Federal agencies.

(i) Within 45 days of the State Planning Commission adopting the Final State Development and Redevelopment Plan pursuant to N.J.A.C. 15:30-5 or acting on a petition pursuant to N.J.A.C. 15:30-7 or 8, the Office of Planning Advocacy shall provide notice of that action:

1. By posting information concerning said notice on the Office of Planning Advocacy website;

2. By providing written notice to all persons or organizations who have registered with the Office of Planning Advocacy to receive public notice concerning a particular matter pursuant to N.J.A.C. 15:30-1.6(b);

3. By providing written public notice to appropriate regional, State and Federal agencies;

4. By placing notice of the action by the State Planning Commission in the New Jersey Register;

5. If the public notice concerns adoption of the Final State Development and Redevelopment Plan, by providing written notice to all mayors, county executives and administrators and all municipal and county clerks, governing bodies and planning boards; and

6. If the public notice concerns action on a petition pursuant to N.J.A.C. 15:30-7 or 8:

i. By providing written notice to the mayor, clerk and planning board of any municipality in which property that is the subject of the petition is located if the municipality is not the petitioner; and

ii. By providing written notice to the board of county commissioners, county executive or administrator, if any, county clerk, and county planning board of any county in which property that is subject of the petition is located if the county is not the petitioner.

(j) All public notice of hearings provided pursuant to (b) and (d) through (g) above shall be provided at least 10 days in advance of the hearings and shall provide the time, date, location, and purpose of the hearing. The public notice shall also specify that formal action may be taken and the public can comment orally at the hearing or submit written comments within a specified time period.

Notes

N.J. Admin. Code § 15:30-1.7

Amended and Recodified from 5:85-1.7 by 56 N.J.R. 41(b), effective 1/2/2024