N.J. Admin. Code § 19:31C-3.20 - Site plan and subdivision applications; mandatory conceptual review
(a) The
Authority shall be an interested party entitled to notice in connection with
all hearings of any local planning board relating to applications for
development of land within 200 feet of the boundary of the Fort Monmouth
Project Area.
(b) The following
concern applications for site plan and subdivision approval:
1. All non-exempt development or
redevelopment within the Fort Monmouth Project Area shall require site plan
and/or subdivision approval.
2.
Applications for subdivision approval and site plan approval in connection with
development within the Fort Monmouth Project Area shall be submitted to the
planning board of the host municipality in which the development parcel is
located, and where and to the extent required pursuant to the County Planning
Law, 40:27-1 et seq., to the County
planning board, for review and approval.
3. The Authority shall be an interested party
entitled to notice in connection with all local planning board hearings
relating to applications for development of land within the Fort Monmouth
Project Area.
4. An application for
development within the Fort Monmouth Project Area may not be deemed complete by
a planning board until the planning board has received the Authority's written
determination as to the results of its mandatory conceptual review pursuant to
(c) below.
5. It shall be a
condition of each final site plan or subdivision approval granted by the
planning boards that the developer shall have entered into a redevelopment
agreement with the Authority or EDA as designated redeveloper for the project
that is the subject of the application, unless the project is exempt from the
requirement of a redevelopment agreement pursuant to
19:31C-3.2 4(b).
6. Whenever a planning board shall make a
land use decision pursuant to this subsection, a copy of the approved plans and
of the memorializing resolution and all accompanying exhibits or reports
incorporated by reference in the resolution shall be provided to the Authority,
within not more than 10 working days following the adoption of the
memorializing resolution.
(c) The following concern mandatory
conceptual review (MCR) of site plan and subdivision applications by the
Authority:
1. Prior to or simultaneous with
submitting an application for subdivision or site plan approval to the planning
board (or to the County planning board, if such submission is made prior to
submission to the planning board), the application shall be submitted to the
Authority for MCR.
2. The
application for MCR shall consist of the following. Where the application
involves a minor subdivision or minor site plan, the Authority, in its
discretion and upon written request of the applicant, may waive one or more of
the submission requirements in (c)2ii, iii, or iv below, where strict
compliance therewith is impractical or not necessary in order for the Authority
to perform the MCR.
i. A properly completed
and signed Authority application form, which shall request the following
information:
(1) The applicant's name and
address;
(2) Identification and the
location of the property that is the subject of the application, by municipal
block and lot number if available, or by the Authority parcel
designation;
(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) What approvals the applicant seeks from
the host municipality and/or the County;
(5) A brief description of the proposed
development;
(A) For residential developments,
the project description shall include a statement of how the project meets the
affordable housing requirements set forth in
19:31C-3.2 3;
(B) If the proposed residential development
does not satisfy the affordable housing requirements set forth in
19:31C-3.2 3, the application
shall include a detailed explanation of the applicant's position as to economic
feasibility and documentation in support thereof (including, but not limited
to, a project pro forma and market studies);
(6) A list of all variances and design
exceptions requested;
(7) A list of
all buildings required for preservation or select historic properties as
defined in the Programmatic Agreement, if any, included within or impacted by
the project, and as to each whether any required NJSHPO referral has been made.
Where NJSHPO referral is required, an application for MCR may be deemed
incomplete in the absence of such referral;
(8) A list of all open space or other
environmental features, if any, listed in the natural resources inventory which
are included within or impacted by the project;
(9) The names and contact information of all
professionals representing the applicant;
(10) If the applicant is seeking subdivision
approval, a brief description of the parent parcel and of the proposed
lots;
(11) A chronological list of
all prior Authority actions taken or approvals granted, and land use approvals
granted by the host municipality, if any, for the subject property;
(12) Any other supplemental information
requested or required by the Authority; and
(13) Payment of the MCR application fee
pursuant to
19:31C-3.2 8(b)1 and the posting
of the MCR escrow deposit pursuant to
19:31C-3.2 8(b)2;
ii. The complete subdivision
approval or site plan approval application submitted or to be submitted to the
host municipality (or to the County, as the case may be), together with any
application submission requirement waiver requests submitted or to be submitted
to the planning board by the applicant;
iii. The architectural elevations of the
proposed project, if not already included in the application pursuant to the
host municipality's regulations; and
iv. A written statement by the applicant as
to the application's relationship to each of the evaluation criteria set forth
in (c)5 below, including, where variances or design exceptions are requested, a
brief statement of the grounds on which the applicant believes the variances or
exceptions may be granted, and a brief description of the consequences to the
applicant and property owner if the variances or exceptions are
denied.
3. Upon receipt
of a complete application, the Authority staff shall conduct the MCR. Such
conceptual review by the Authority staff shall be completed within 45 days of
the Authority's receipt of the complete application, or within such later time
period agreed to by the applicant, unless accompanied by a request for a
use-type variance, in which case the time periods applicable to the
determination of a request for a use-type variance set forth in
19:31C-3.2 1 shall
apply.
4. The Authority staff shall
review each application to determine whether one or more use-type variances or
an amendment to the Reuse Plan may be required. If the Authority staff
determines that a use-type variance or an amendment to the Reuse Plan is
required, the planning board shall not have jurisdiction over the subdivision
application or site plan application until the applicant obtains approval from
the Authority for the required use-type variances or an amendment to the Reuse
Plan.
5. In addition to determining
whether use-type variances may be required, in conducting the MCR the Authority
staff may evaluate the application for, and express the Authority's position as
to, each of the following criteria, if and as applicable to the application
under consideration:
i. The need and
justification for, and desirability of, any bulk and area-type variances
requested by the applicant or that the Authority identifies as being
required;
ii. Adequacy of access to
and egress from the subject property, the impact of the proposed project on the
existing roadway system within the Fort Monmouth Project Area boundaries, the
relationship of the proposed project to the existing municipal or County
roadway system, and the need for roadway improvements, relocations or
modifications;
iii. Availability
and adequacy of water, sewer, gas, electric, and telecommunications utilities,
potential impacts of the proposed project on existing utilities infrastructure
within the Fort Monmouth Project Area, the relationship of the project to the
existing municipal or other utilities systems, and the need for infrastructure
improvements or modifications;
iv.
The need for and existence or availability of easements in connection with
access and utilities;
v.
Architectural and aesthetic review; and
vi. Any other aspect of the project that, in
the opinion of the Authority is relevant to the successful redevelopment of the
Fort Monmouth Project Area, including, but not limited to, the potential
impacts of the proposed project on future redevelopment within the Fort
Monmouth Project Area.
6. Where an application involves buildings
required for preservation or select historic properties as defined in the
Programmatic Agreement, the Authority shall provide a copy of the application
for MCR to the Historic Preservation Advisory Committee for its review pursuant
to (d) below. The results of the Historic Preservation Advisory Committee's
review shall be included or incorporated into the written report of the results
of the Authority's MCR.
7. A copy
of each application for MCR shall be provided to the Environmental Advisory
Committee, for informational purposes. Where the application involves open
space to be preserved or sensitive environmental features identified in the
natural resources inventory, the Authority shall request that the Environmental
Advisory Committee review the application pursuant to (e) below. The results of
the Environmental Advisory Committee's review shall be included or incorporated
into the written report of the results of the Authority's MCR.
8. The results of the Authority's MCR will be
communicated to the applicant and the planning board in writing. Except to the
extent the jurisdiction of the planning board is restricted as provided in (c)4
above with regard to use-type variances or a Reuse Plan amendment, the MCR does
not in any way obviate or supersede site plan or subdivision approval by the
planning board (or, where applicable, the County planning board).
9. If following the completion of the MCR the
application is materially modified or revised, notice of such modifications or
revisions shall be provided to the Authority, and the Authority, by written
notice to the planning board and the applicant, may require additional or
supplemental conceptual review, if the Authority determines that such
modifications or revisions materially and negatively alter the assumptions on
which conceptual review was based.
(d) The following concern the Authority's
Historic Preservation Advisory Committee:
1.
The Authority's Historical Preservation Advisory Committee shall be the
exclusive historic preservation commission, as established pursuant to section
21 of P.L. 1985, c. 516 (40:55D-107 ), for all land use
matters and approvals within the Fort Monmouth Project Area.
2. The Authority shall provide to the
Historical Preservation Advisory Committee for its review a copy of each
application for mandatory conceptual review that involves buildings required
for preservation or select historic properties as defined in the Programmatic
Agreement.
3. The Programmatic
Agreement is not reproduced in this subchapter, but a current copy of the
Programmatic Agreement shall be kept in the offices of the Authority.
4. The Historic Preservation Advisory
Committee shall review the proposed project for consistency with the
requirements of the Programmatic Agreement and any applicable preservation
covenants required thereunder. The results of the Historic Preservation
Advisory Committee's review may be incorporated in a resolution of the
Committee or in the Committee's minutes, or in a written report of the
Committee, at the Committee's discretion. The Historic Preservation Advisory
Committee's review shall constitute part of and be coordinated with the timing
of the Authority's mandatory conceptual review, so that the results and report
thereof, if any, may be included or incorporated into the written report of the
results of the Authority's mandatory conceptual review.
5. As required pursuant to
19:31C-3.1 9(e)2, the Historic
Preservation Advisory Committee shall review and report on applications for
building permits for properties identified in the Programmatic Agreement as
buildings required for preservation or select historic properties, in all
situations where the Authority mandatory conceptual review and site plan
approval from the planning board are not required prior to issuance of the
permit. The Authority shall report the results of the Historic Preservation
Advisory Committee review of such permit application in writing to the host
municipality code official who submitted the request for review, within 45 days
of the Authority's receipt of the request. Failure of the Historic Preservation
Advisory Committee to render a report within the 45-day period shall be deemed
to constitute a report in favor of issuance of the permit and without the
recommendation of conditions to the permit.
6. Meetings of the Historic Preservation
Advisory Committee as part of the Authority's mandatory conceptual review of a
project shall be conducted in accordance with the Senator Byron M. Baer Open
Public Meetings Act, P.L. 1975, c. 231 (10:4-6 et seq.).
(e) The following concern the
Authority's Environmental Advisory Committee:
1. The Authority's Environmental Advisory
Committee shall be the exclusive environmental commission, as established
pursuant to P.L. 1968, c. 245 (40:56A-1 et seq.),
for all land use matters and approvals within the Fort Monmouth Project
Area.
2. The Authority shall
provide to the Environmental Advisory Committee an informational copy of each
application for mandatory conceptual review. Where the application involves
open space to be preserved or other environmental features to be preserved or
protected as identified in the natural resources inventory, the Authority shall
request the Environmental Advisory Committee's review of the
application.
3. The natural
resources inventory shall be prepared by the Authority staff, giving due
consideration to the Reuse Plan and the natural resource inventories, if any,
of the host municipalities, and approved by the FMERA Board. A current copy of
the natural resources inventory shall be kept in the offices of the
Authority.
4. The Environmental
Advisory Committee shall review the proposed project for impacts upon the open
space parcels and other environmental features to be protected or preserved as
identified in the natural resources inventory (or prior to the completion
thereof, in the Reuse Plan). The results of the Environmental Advisory
Committee's review may be incorporated in a resolution of the Committee or in
the Committee's minutes, or in a written report of the Committee, at the
Committee's discretion. The Environmental Advisory Committee's review shall
constitute part of and be coordinated with the timing of the Authority's
mandatory conceptual review, so that the results and report thereof, if any,
may be included or incorporated into the written report of the results of the
Authority's mandatory conceptual review.
5. Meetings of the Environmental Advisory
Committee as part of the Authority's mandatory conceptual review of a project
shall be conducted in accordance with the Senator Byron M. Baer Open Public
Meetings Act, P.L. 1975, c. 231 (10:4-6 et seq.).
Notes
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