N.J. Admin. Code § 15:30-7.16 - Plan Implementation Agreement submission and completion

(a) If the Planning Commission determines that the draft Plan Implementation Agreement and associated State Planning Areas Map are appropriate to achieve consistency with the State Plan and any additional procedures from the State Plan Endorsement Guidelines, then the Executive Director shall submit the Plan Implementation Agreement to the petitioner for official consideration and execution.

1. The petitioner shall consider adoption of the Plan Implementation Agreement at a public hearing of the relevant governing body or relevant planning entity.

2. Municipal petitioners shall present the proposed Plan Implementation Agreement to both the planning board and governing body, which can be at the same or separate public hearings. The planning board and governing body may choose to hold a joint public hearing to consider adoption of the resolution accepting the Plan Implementation Agreement and State Planning Areas Map.

3. The petitioner shall submit the fully executed resolution accepting and authorizing the Plan Implementation Agreement and State Planning Areas Map to the Executive Director. Submission of the executed resolution shall include the following:

i. Proof of public notice pursuant to N.J.A.C. 15:30-1.7 for all required public meetings and hearings in the form of an affidavit of publication;

ii. A certified resolution from the governing body, or the relevant planning entity for a regional plan or Special Resource Area plan, approving execution of the Plan Implementation Agreement and State Planning Areas Map;

iii. A copy of the meeting minutes of each public meeting and hearing at which the Plan Implementation Agreement and State Planning Areas Map were reviewed. The minutes shall include a summary of public comments and copies of written comments filed before or during the public hearing(s); and

iv. A copy of the certified resolution authorizing execution of the Plan Implementation Agreement and State Planning Areas Map.

4. If the petitioner fails to execute the resolution to enter into the Plan Implementation Agreement and become endorsed by the State Planning Commission within 60 days of receiving the Plan Implementation Agreement and State Planning Areas Map, or within a reasonable period of time as agreed to by the Executive Director, in consultation with relevant State agencies, the petition will be considered to have been withdrawn without prejudice and the petitioner so notified. Notice of any such withdrawal shall be provided by the Office of Planning Advocacy to the petitioner, and the Commission pursuant to N.J.A.C. 15:30-1.7(h) and 7.4(b).

5. An approved Plan Implementation Agreement may only be amended for good cause shown at the discretion of the Executive Director. Any amendments to a Plan Implementation Agreement shall be provided to the Commission and the public pursuant to N.J.A.C. 15:30-1.7(h) and 7.4(b), unless undertaken pursuant to N.J.A.C. 15:30-7.20(d).

(b) If the State Planning Commission determines that the draft Plan Implementation Agreement is not sufficient or that the terms and conditions are not appropriate to achieve consistency, the State Planning Commission shall remand the document, with its written recommendations, to the petitioner, the Office of Planning Advocacy, and State agencies for any necessary revision(s).

Notes

N.J. Admin. Code § 15:30-7.16

Adopted by 56 N.J.R. 41(b), effective 1/2/2024