N.J. Admin. Code § 19:31C-3.27 - Administrative

(a) All applications submitted to the Authority pursuant to this subchpater shall be accompanied by an application fee and, where applicable, an escrow deposit, pursuant to 19:31C-3.2 8(b)2, unless such application is exempt from the requirements thereof or the fee or deposit waived by the Authority.

(b) Every application required by this subchapter shall be filed with the Authority and, if so stated, with the applicable host municipality.

(c) The following concern Reuse Plan amendment procedures:

1. The Authority may amend the Reuse Plan, in whole or in part, from time to time, pursuant to this section and 52:27I-35.

2. An application may be submitted to the Authority to amend the Reuse Plan. Such application shall be filed with the Authority, in writing, and signed by the applicant.

i. The application shall state the following clearly and concisely:

(1) The full name and address of the applicant;

(2) The substance or nature of the amendment that is requested;

(3) The reasons for the request and the applicant's interest in the request; and

(4) Other such information as may be deemed by the Authority staff to be necessary to determine the desirability of a requested amendment.

ii. Any document submitted to the Authority that is not in substantial compliance with this section shall not be deemed to be an application for Reuse Plan amendment requiring further agency action. The document shall be returned to the sender with a deficiency explanation.

3. Upon receipt of a complete application for Reuse Plan amendment, the following shall occur:

i. The application shall be dated and logged by the Authority staff.

ii. The Authority staff shall acknowledge to the applicant receipt of the application.

iii. The Authority staff shall review the application and prepare a preliminary analysis with recommendations that shall be submitted to the FMERA Board for its consideration and approval.

iv. The FMERA Board may act on the application to:

(1) Deny the application;

(2) Grant the application and request the Authority staff to initiate a Reuse Plan amendment proceeding in accordance with (c)4 below; or

(3) Refer the matter to the Authority staff for further deliberations, which may include the preparation of records and studies necessary to evaluate the desirability of the requested Reuse Plan amendment. Upon conclusion of the deliberations, the FMERA Board shall either deny or grant the petition in accordance with this section.

v. The Authority staff shall notify the applicant of the action on the application.

4. The Authority staff may initiate a Reuse Plan amendment by presenting a proposed amendment to the FMERA Board. Any departures from the requirements of the Reuse Plan and these rules contained in the proposed amendment shall be identified to the FMERA Board.

5. In determining whether to approve a Reuse Plan amendment, the FMERA Board shall consider the following, as applicable:

i. Whether approval of the Reuse Plan amendment 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;

ii. Whether approval of the Reuse Plan amendment will result in any significant adverse impact on other areas of Fort Monmouth;

iii. Whether approval of the Reuse Plan amendment 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 incorporation of the Reuse Plan amendment);

iv. Whether approval of the Reuse Plan amendment 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 would require Federal consent or approvals; and

v. Whether approval of the Reuse Plan amendment would have significant adverse infrastructure ramifications different from those envisioned in the Reuse Plan.

6. Prior to the adoption of any amendment to the Reuse Plan, the Authority shall transmit a copy of the proposed Reuse Plan amendment to the governing body of each host municipality. If the Reuse Plan amendment proceeding was initiated by an application, the Authority staff shall notify the applicant of the transmittal.

7. Within 45 days of receipt of the proposed Reuse Plan amendment, the governing body of each host municipality may transmit to the Authority a written report containing the host municipality's recommendations concerning the proposed Reuse Plan amendment. When considering whether to adopt the proposed Reuse Plan amendment, the FMERA Board may rely on the record of public hearings, if any, that may have been conducted by the host municipalities.

8. The Authority staff shall review the report from each host municipality and prepare a preliminary analysis with proposed reasons for accepting or not accepting the recommendations from the host municipalities; such analysis shall be submitted to the FMERA Board for its consideration and approval.

9. Any action by the Authority to amend the Reuse Plan shall require the affirmative vote of seven members. To the extent that the approved Reuse Plan amendment contains departures from the requirements of this subchapter, the amendment shall control. If, pursuant to 19:31C-3.2 1(b)2 or 3.25(b)4i, departures from the requirements of this subchpater are included in the Reuse Plan amendment in lieu of a variance, the resolution approving the Reuse Plan amendment shall so state, and the approval of the Reuse Plan amendment shall have the effect of a variance as to such departures.

10. If the Reuse Plan amendment proceeding was initiated by an application, the Authority staff shall notify the applicant of the final action of the Authority.

(d) The following concern appeals from Authority actions:

1. Any person or entity adversely affected by a decision of the Authority staff that constitutes a decision of the Authority may appeal that decision as set forth in (d)3 below. Any recommendation of the Authority staff shall not be subject to appeal.

2. Any person or entity adversely affected by a decision of the FMERA Board may appeal that decision as set forth in (d)3 below.

3. Appeals allowed under (d)1 and 2 above shall proceed as follows:

i. The person or entity appealing the decision shall submit, by certified mail to the Authority, within 15 calendar days from the date of the Authority's action, a written notice of appeal containing the following:

(1) A brief statement of facts describing the Authority decision being appealed;

(2) The nature and scope of the interest of the person or entity appealing such decision;

(3) A statement of all facts alleged to be at issue and the relevance of the facts to the Authority's decision for which the appeal is made; and

(4) Any request for an informal in-person hearing.

ii. The Director of the Authority may designate an Authority or EDA staff member to serve as a hearing officer for the appeal and to make a recommendation on the merits of the appeal to the FMERA Board. The hearing officer shall perform a review of the written record and may require an in-person hearing. The hearing officer has sole discretion to determine if an in-person hearing is necessary to reach an informed decision on the appeal.

iii. Following completion of the record review and any in-person hearing, the hearing officer shall issue a written report to the FMERA Board containing his or her finding(s) and recommendation(s) on the merits of the appeal.

iv. The FMERA Board shall consider the hearing officer's recommendation(s) and, based on that review, shall issue a final agency decision on the appeal.

4. Appeals under (d)3 above are not contested cases subject to the requirements of the Administrative Procedure Act, 52:14B-1 et seq., or the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

5. Appeals from any decision made by the FMERA Board under (d)3iv above shall be made by way of judicial review of the Superior Court of New Jersey Appellate Division pursuant to the New Jersey Court Rules.

6. Appeals from any decision made by the host municipalities or the County, or any officials or boards of the host municipalities or the County, shall be made pursuant to existing law, including host municipality ordinances and the New Jersey Court Rules.

(e) Except as otherwise provided for in this subchapter, if the person or entity described in whom or in which Authority is vested to decide an application fails to act within the time specified, the application shall not be deemed approved or consented to by virtue of said failure to act.

(f) The following concern severability:

1. The provisions of this subchapter shall be separable, in accordance with the following:

i. If any section, subsection, paragraph, sentence, clause, or phrase of this subchapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this subchapter.

ii. If the application of any provision of this subchapter to a particular property, building, or structure is for any reason held to be unconstitutional or invalid, such decision shall not affect the application of said provisions to any other property or structure.

(g) No person shall, with respect to any application made to the Authority, whether such application requires a decision by the FMERA Board or Authority staff, attempt to contact any member or staff of the Authority in an effort to improperly influence them with respect to their decision regarding the subject application. This prohibition shall also apply to rulemaking. Any member or staff of the Authority who has been contacted in this regard shall immediately report such contact to the Office of the Attorney General, which shall take any necessary and appropriate action.

Notes

N.J. Admin. Code § 19:31C-3.27