N.J. Admin. Code § 19:31C-3.19 - Application of rules

(a) The following concern the relationship between this subchapter and the Reuse Plan:

1. This subchapter is designed to promote flexibility in connection with the implementation of the Reuse Plan, and is intended to be consistent with the land uses described in the Reuse Plan. This subchapter does not supersede the Reuse Plan and is not intended to be, nor should it be construed as, amendments to the Reuse Plan; principal land uses permitted in the Reuse Plan are specifically permitted under this subchapter. All development and redevelopment within the Fort Monmouth Project Area shall be consistent with the Reuse Plan. The Authority will evaluate all development and redevelopment within the Fort Monmouth Project Area for consistency with the Reuse Plan.

2. In determining whether a proposed development or redevelopment project or proposed LRHL redevelopment plan is consistent with the Reuse Plan, the Authority shall consider, among other things, the following, as applicable:

i. Whether the proposed land uses and location thereof would result in a material departure from the land uses and locations described in the Reuse Plan;

ii. Whether approval of the project or consent to the proposed LRHL redevelopment plan would result in a material change in the overall development yield or affordable housing obligations of the host municipality as described in the Reuse Plan, or would result in any negative impact to the Authority's obligations pursuant to the Fair Housing Act of 1985;

iii. Whether approval of the project or consent to the proposed LRHL redevelopment plan will result in any significant adverse impact on other areas of Fort Monmouth;

iv. Whether approval of the project or consent to the proposed LRHL redevelopment plan would substantially impair the intent and purposes of the Reuse Plan (that is, whether the Reuse Plan will remain a rational and coordinated land use plan following the development of the project or implementation of the LRHL redevelopment plan);

v. Whether the approval of the project or consent to the proposed LRHL redevelopment plan would have any negative impact to the Authority's obligations pursuant to Defense Base Closure and Realignment Act of 1990, Pub. L. 101-510 ( 10 U.S.C. § 2687 ) and any agreement with the U.S. Army conveying Fort Monmouth property to the Authority, and whether such approval or consent would require Federal review, consent, or approvals; and

vi. Whether approval of the project or consent to the proposed LRHL redevelopment plan would have significant adverse infrastructure ramifications different from those envisioned in the Reuse Plan.

3. Where a proposed development or redevelopment project is determined by the Authority to be inconsistent with the Reuse Plan, the Authority shall require the adoption of either a Reuse Plan amendment pursuant to 19:31C-3.2 7(c) or a use-type variance pursuant to 19:31C-3.2 1 prior to the approval of any application submitted to the Authority or the host municipality as provided in this subchapter.

4. Where a proposed LRHL redevelopment plan is determined by the Authority to be inconsistent with the Reuse Plan, the Authority shall require the adoption of either a Reuse Plan amendment pursuant to 19:31C-3.2 7(c) or a variance pursuant to 19:31C-3.2 5(b)4iii prior to the consent by the Authority to the LRHL redevelopment plan.

(b) The following concern the application and interpretation of this subchapter:

1. The provisions of this subchapter shall have application to the Fort Monmouth Project Area.

2. This subchapter shall apply to the construction and uses of all non-exempt buildings and structures and uses of land within the Fort Monmouth Project Area. No non-exempt building, structure, or land, or any part thereof, shall be used or occupied and no building or structure shall be erected, constructed, reconstructed, moved, repaired, extended, converted, altered, maintained, used, occupied, or reoccupied within the Fort Monmouth Project Area unless in conformity with all the provisions of this subchapter specified for the development district in which it is located.

3. All uses not specifically permitted by the applicable rules are prohibited.

4. The Authority shall have exclusive jurisdiction to interpret this subchapter and the Official Zoning Map. The zoning officers and zoning boards shall refer to the Authority all requests or applications for interpretation of this subchapter received by them.

i. Prior to the submission of a request for an interpretation, the requester shall attend a pre-submission conference with the Authority staff. Any statements or recommendations made by any representative of the Authority in the context of a pre-submission conference shall be considered non-binding on the prospective applicant, the Authority, and the host municipality and shall confer no legal rights.

ii. A request for an interpretation shall be submitted in writing and filed with the Authority.

iii. The written request for an interpretation shall include a properly completed and signed Authority application form, which shall request the following information:

(1) The applicant's name and address;

(2) The location of the property that is the subject of the application;

(3) If the applicant is not the property owner, the property owner's name and address as well as the property owner's authorization for the application;

(4) An excerpt of the existing rule or portion of the map for which an interpretation is sought;

(5) An explanation of the request for interpretation;

(6) Payment of the Authority uniform application fee pursuant to 19:31C-3.2 8(b)1; and

(7) Other such information as the Authority may deem necessary from a specific requester.

iv. Upon receipt of a complete application, the Authority staff shall review the request and make its recommendation to the FMERA Board. The decision of the Authority shall be memorialized by a formal written resolution of the FMERA Board adopted at the meeting at which the interpretation is decided.

v. A copy of the decision of the Authority shall be transmitted to the applicant by the Authority via certified mail.

vi. No person shall contact or attempt to contact any member of the Authority pertaining to a request for interpretation. No person shall contact or attempt to contact the Authority once the staff has deemed a request for interpretation complete and begins its review of the request.

vii. The Authority's interpretation shall be binding on the enforcement and administration of this subchapter, including, but not limited to, site plan and subdivision approvals by host municipality and county planning boards, unless and until superseded by a subsequent interpretation or change in this subchapter.

(c) The following concern exemptions:

1. The following activities or projects within the Fort Monmouth Project Area are exempt from this subchapter, except as and to the extent otherwise expressly provided in this subchapter to the contrary:

i. Projects of the United States on land owned by the United States, and subdivisions and mergers by deed from the United States, are exempt from local site plan and subdivision approval under the Fort Monmouth Economic Revitalization Authority Act, and from this subchapter;

ii. Projects undertaken by, and subdivisions or mergers by deed from, the Authority, EDA, or other State entities (including, but not limited to, interim use and occupancy of existing buildings or properties owned or controlled by them, and renovations associated with such interim use and occupancy) are exempt from local site plan and subdivision approval under the Fort Monmouth Economic Revitalization Authority Act, provided that all such projects, unless otherwise specifically exempted in this subsection, shall be subject to Authority's review and approval for compatibility (in the case of interim use and occupancy) or consistency (in the case of development or redevelopment) with the Reuse Plan and this subchapter;

iii. Roadway or infrastructure maintenance, repair, or replacement work within municipal, county, and State right-of-ways;

iv. Maintenance, repair, or replacement of existing utility structures or the installation of new underground utility structures within utility easements, where such work is conducted by the utility company or authorized representative;

v. County projects, on land owned by the county, and municipal projects, on land owned by the host municipality, shall not require local site plan or subdivision approval; provided that all such projects shall be subject to a Redevelopment Agreement or memorandum of understanding between the County or host municipality and the Authority or EDA as designated redeveloper, and to review by the Authority for consistency with the Reuse Plan and this subchapter; and

vi. Applications regarding alterations to individual detached one- or two-family homes and related accessory uses and not requiring any variances shall be exempt from site plan review and approval. Applications for alterations to individual detached one- or two-family homes and related accessory uses that require bulk and area-type variances shall be processed pursuant to this subchapter as minor site plans.

(d) The following concern zoning compliance letters:

1. Zoning compliance letters for properties within the Fort Monmouth Project Area shall be provided by the zoning officer, in consultation and cooperation with the Authority. The zoning officers shall provide to the Authority copies of all requests for zoning compliance letters received by them and all zoning compliance letters issued by them for properties within the Fort Monmouth Project Area.

2. In connection with exempt projects pursuant to (c) above (other than applications regarding alterations to individual detached one- or two-family homes and related accessory uses, as to which the zoning officer shall issue the zoning compliance letter), the Authority may provide a zoning compliance letter or confirmation of exemption for a specific property within the Fort Monmouth Project Area, upon written request and payment of the Authority uniform application fee pursuant to 19:31C-3.2 8(b)1.

3. The written request to the Authority for a zoning compliance letter shall include a properly completed and signed Authority application form, which shall request the following information:

i. The applicant's name and address;

ii. The location of the property that is the subject of the application;

iii. If the applicant is not the property owner, the property owner's name and address as well as the property owner's authorization for the application;

iv. The basis for the claimed exemption;

v. Where applicable, a chronological list of all prior Authority actions taken or approvals granted, and all prior land use approvals granted by the host municipality, if any, for the subject property; and

vi. Other such information as the Authority may deem necessary from a specific requester.

4. The Authority shall provide to the zoning officer a copy of each request for zoning compliance letters received by the Authority and of all zoning compliance letters issued by the Authority for properties within the host municipality.

(e) The following concern building permits and certificates of occupancy:

1. Building permits and certificates of occupancy for project improvements constructed within the Fort Monmouth Project Area shall be issued by the appropriate code official of the host municipality, or by the New Jersey Department of Community Affairs, as per applicable laws and subject to the requirements of this subchapter.

2. The host municipality code official shall refer to the Authority for review by the Historic Preservation Advisory Committee all applications for building permits involving properties within the Fort Monmouth Project Area identified in the Programmatic Agreement as buildings required for preservation" or select historic properties, where the Authority mandatory conceptual review and site plan approval by the planning board are not required prior to the issuance thereof, and shall not issue such permit prior to receiving the results of that review.

Notes

N.J. Admin. Code § 19:31C-3.19