reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.29 - Extended use agreement

Current through Register Vol. 56, No. 14, July 15, 2024
Section 42(h)(6) of the Code requires the project owner to enter
				  into an "extended low-income housing commitment agreement" that adds an additional
				  15-year low-income occupancy requirement to the initial 15-year compliance period.
				  The agreement shall be recorded in order to claim the tax credits when filing
				  Federal tax returns. Owners must complete NJHMFA's deed of easement and restrictive
				  covenant at the latter of the carryover allocation described at
				  N.J.A.C.
				  5:80-33.24(a)1  or acquisition of
				  the property. Upon receipt and review of a complete and fully executed agreement,
				  NJHMFA shall file the restrictive covenant pursuant to State law. For projects that
				  received points for agreeing to extend the project compliance period beyond the
				  minimum 15-year period, the deed of easement and restrictive covenant shall reflect
				  the increased compliance term stated in the application.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.30 - Returning credits

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants unable to utilize their allocation should return the
				  allocation to NJHMFA as soon as possible. NJHMFA shall deposit returned or
				  recaptured credits into the Reserve. In addition, for credits returned within the
				  same calendar year of award, NJHMFA reserves the right to fund the next
				  highest-ranking eligible project from the cycle in which the initial award was
				  made.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.31 - Applicant's affirmative obligation to disclose changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants are under
				a continuing affirmative obligation to advise NJHMFA no less frequently than
				annually if any changes to any aspect of the proposed development occur and provide
				relevant information as it becomes available, including pending/anticipated
				litigation which may affect the proposed development. NJHMFA shall require the owner
				to certify and may require further documentation to verify that all representations
				made in the application concerning the proposed development, including
				representations relied upon to determine the applicant's eligibility, scoring and
				ranking, are, and continue to be, true at the time of carryover allocation and
				issuance of the IRS Form 8609. Substantive changes may cause the project's
				allocation to be reconsidered by NJHMFA. NJHMFA reserves the right to ask for any
				documentation necessary throughout the application, reservation, carryover, and
				placed in service processes.
(b) NJHMFA
				shall have the authority to rescind a reservation or an allocation if any
				representations made in the application are mistakenly or intentionally
				misrepresented or not fulfilled.
(c) Any
				transfer of a general partner/managing member interest shall require pre-approval by
				the NJHMFA Division of Multifamily/Supportive Housing and Lending.
(d) Failure to disclose all relevant information
				is grounds for disqualification of the application or recapture of the
				allocation.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.33 - Owner's annual reports; deadlines

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to Section 1.42-5 of the IRS Regulations, NJHMFA requires
				  the owners of all low-income housing projects to submit annually to NJHMFA for
				  review the Owner's Certificate of Continuing Program Compliance through electronic
				  copy and the annual tenant information. The annual tenant information must indicate
				  the income of, and rent charged to, tenants for each unit. This package shall be
				  submitted on an annual basis through the MITAS/NJHMFA Low-Income Housing Tax Credit
				  Internet System and is due on January 31. Requests for extensions beyond the January
				  31 deadline must be submitted by December 31 of the prior year.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.34 - NJHMFA review and inspection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				issuance of the IRS Form 8609, NJHMFA (or its authorized designee) may conduct an
				on-site inspection of the project to confirm that all representations made in the
				project's tax credit application have been met. (See
				N.J.A.C.
				5:80-33.26.) NJHMFA (or its authorized designee)
				shall perform its first inspection of the project no later than the end of the
				second calendar year following the year the last building in the project is placed
				in service. NJHMFA also reserves the right to perform an on-site inspection of any
				low-income housing project through the end of the extended use period and to have
				access to all books and records that would document compliance.
(b) On an annual basis, owners of at least 33.33
				percent of all tax credit projects shall submit to NJHMFA for compliance review the
				following information for a minimum of 20 percent of all low-income units (units
				shall be identified by NJHMFA):
1. A copy of the
				annual income certification for the household;
2. The documentation the owner has received to
				support the certification; and
3. The
				rent record.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.35 - Notification of noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon determination
				by NJHMFA of noncompliance with Section 42 of the Code, this subchapter, or any
				other relevant rules, regulations, or procedures, NJHMFA shall give notice to the
				owner of the noncompliance. The owner shall then be given sufficient notice to
				correct the noncompliance.
(b) NJHMFA is
				required to notify the IRS, via IRS Form 8823, within 45 days after the end of the
				correction period, of all noncompliance and whether the owner has or has not
				corrected such noncompliance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.36 - Confidentiality of tax credit applications and information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications and
				all supporting documents submitted to NJHMFA for tax credit reservations shall be
				confidential, non-public records until awards are announced by NJHMFA. Thereafter,
				applications and all supporting documents submitted to NJHMFA for tax credit
				reservations shall be deemed to be public records, except the documents set forth at
				(c) below shall remain confidential, non-public records.
(b) Applications and all supporting documents
				submitted to NJHMFA for volume cap tax credits shall be confidential, non-public
				records until NJHMFA has issued a determination letter. Thereafter, applications and
				all supporting documents submitted to NJHMFA for volume cap tax credits shall be
				deemed to be public records, except the documents set forth in item (c) below shall
				remain confidential, non-public records.
(c) To the extent they constitute "trade secrets"
				or "proprietary commercial or financial information" within the meaning of the New
				Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq., the following documents
				are confidential, non-public records:
1. Financing
				information and syndication documents submitted in compliance with
				5:80-33.12(c)5.
				However, an applicant's certification of the extent of Federal, State and local
				subsidies shall be a public record;
2.
				Funding commitments and other documents submitted in compliance with
				5:80-33.12(c)6;
3. Documents and other information, including
				15-year cash flow pro forma, submitted in compliance with
				N.J.A.C.
				5:80-33.12(c)7;
4. Financing information and Breakdown of Costs
				and Basis submitted in support of the application needs analysis described at
				5:80-33.21;
5. Data submitted for comparable projects pursuant
				to 5:80-33.12(c)7iii; and
6. Third-party
				reports, including, but not limited to, market studies, appraisals, cost
				certifications, and economic feasibility analyses.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.37 - Exchange of credits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A sponsor may return previously allocated
				credits to the Reserve in exchange for an allocation of current year credits or, at
				the discretion of NJHMFA, a binding commitment to allocate credits from future
				years' tax credit authority if the exchange is made after September 30, in an amount
				not to exceed the amount of the returned credits, if the sponsor establishes to the
				satisfaction of the Tax Credit Committee that the sponsor, despite its timely and
				diligent efforts, is in jeopardy of failing to meet the placed-in-service deadline
				for the building with respect to which the prior credits were allocated as a result
				of either:
1. Litigation that the sponsor could
				not reasonably have anticipated at the time of application submission; provided,
				however, that the sponsor has used its best efforts to obtain expeditious review;
				or
2. Catastrophic events that the
				sponsor could not reasonably have anticipated or controlled.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 80 - NEW JERSEY HOUSING AND MORTGAGE FINANCE AGENCY › Subchapter 33 - LOW INCOME HOUSING TAX CREDIT QUALIFIED ALLOCATION PLAN › Section 5:80-33.38 - Disclaimer and limitation of liability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJHMFA makes no
				representations to the applicant, developer, owner, syndicator, or to any other
				person as to project eligibility or compliance with the Code, IRS treasury
				regulations, or any other laws or regulations governing the LIHTC program.
(b) Applicants, development team members, lenders,
				equity investors, and syndicators participate in the tax credit program at their own
				risk and expense. No member, officer, agent, or employee of NJHMFA or the State will
				be liable for any claim, consequential damage, or loss of any kind incurred by an
				applicant, development team member, lender, equity investor, syndicator, or any
				other person arising out of, or in relation to, any project or the tax credit
				program resulting from a decision of the IRS or an action of the United States
				Congress that negatively impacts the continuation of this program or valuation of
				the tax credits.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 1 - GENERAL PROVISIONS › Section 5:86-1.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets
				forth rules for the preparation of the real estate market analysis required prior to
				the municipal adoption or significant amendment to a transfer of development rights
				ordinance, pursuant to the State Transfer of Development Rights Act,
				40:55D-137 et seq.
(b) The rules are established to ensure that the
				required real estate market analysis portrays an accurate picture of the current and
				future land market, including the relationship between the development rights
				anticipated to be generated in a sending zone and the likelihood of their
				utilization in a receiving zone.
(c) The
				real estate market analysis constitutes a review of the TDR program set forth by a
				municipality in the development transfer plan element, utility service plan element,
				capital improvement program and TDR ordinance pursuant to the State Transfer of
				Development Rights Act,
				40:55D-137 et seq. The municipality is
				to supply the real estate market analyst with the base information set forth in the
				State TDR Act and this chapter. The real estate market analysis is intended to
				confirm development rights and density calculations proposed by a municipality in
				the development transfer plan element and associated documents or otherwise alert a
				municipality to issues that may challenge the proposed transfer of development
				rights program and to give a municipality the opportunity to address said issues at
				the early stages of the planning process.
(d) The real estate market analysis shall not be
				construed as a real estate appraisal, nor shall it be construed as establishing real
				estate market value. Any value estimates made by the real estate market analyst are
				general in nature. Because the value estimates are not site specific, they cannot be
				used as a basis for future sales. The purpose of the value estimates is solely to
				provide a basis for determining whether the TDR program and associated transfer
				ratio(s) proposed by the municipality are viable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 1 - GENERAL PROVISIONS › Section 5:86-1.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules contained in this chapter shall apply to any
				  municipality establishing a transfer of development rights ordinance, as authorized
				  under 40:55D-137 et seq., except a
				  municipality located in Burlington County choosing to implement a transferable
				  development rights program pursuant to the provisions of
				  40:55D-113 et seq., pursuant to
				  40:55D-163. TDR programs in the
				  Pinelands Area adopted pursuant to
				  7:50-5.41 through 5.50 of the Pinelands
				  Comprehensive Management Plan shall be exempt from this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.1 - Report required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				adoption of or significant amendment to a development transfer ordinance, a real
				estate market analysis shall be prepared pursuant to this subchapter.
(b) The market analysis shall not be concluded
				until a draft development transfer plan element, meeting the requirements of
				40:55D-140 and 141, has been presented
				at a planning board meeting and made available for public comment for no less than
				10 days.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.2 - Qualifications of analyst

Current through Register Vol. 56, No. 14, July 15, 2024
The market analysis shall be performed by a real estate
				  consultant or land economist qualified to conduct economic analyses of the real
				  estate market.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.3 - Required contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The market analysis
				report shall be specific to the proposed transfer of development rights program and
				shall include at least the following:
1. A
				summary;
2. General
				information;
3. An analysis of the
				receiving zone;
4. An analysis of the
				sending zone; and
5. A discussion of the
				viability of the transfer of development rights program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.4 - Summary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The summary section
				of the report shall contain at least the following:
1. A letter of transmittal that includes a
				statement of the value range of development rights expressed as an expected per
				credit and per unit of development. It shall be clearly stated that the value range
				is based on current market conditions and may not reflect future values, which can
				be affected by different market conditions; and
2. A summary of salient facts and important
				conclusions that shall include any other information that the analyst deems
				relevant.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.5 - General information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general
				information section of the market analysis report shall contain the following:
1. The purpose of the market analysis;
2. A statement of the rights being
				valued;
3. A section defining the legal
				and technical terms used in the report;
4. Any assumptions and limiting
				conditions;
5. A section identifying the
				subject sending and receiving zones by municipal tax map block and lot or other
				means, as well as the following:
i. A brief
				description of the subject zones and their current land uses; and
ii. A map depicting the sending and receiving
				zones;
6. Zoning assessment
				information; and
7. Information
				detailing community and neighborhood data. This shall include, but not be limited
				to, the character of the community, land use and property value trends, degree of
				development pressure in the area and any other information that may affect the
				market value of a TDR credit.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.6 - Receiving zone analysis

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The receiving zone
				analysis section of the market analysis report shall contain at least the following:
1. An analysis of the extent and types of
				development authorized by the base zoning of the receiving zone and its physical
				characteristics as provided for in the draft development transfer element prepared
				pursuant to 40:55D-141. Said analysis shall
				include, but not be limited to:
i. Consideration
				of the receiving zone's topography, publicly or privately held open space or
				conservation easements, configuration, existing development patterns, transportation
				access, environmentally constrained areas and other appropriate characteristics;
				and
ii. All major subdivision and site
				plan applications involving land in the receiving zone that were approved by the
				appropriate land use board during at least the preceding two-year period;
				and
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 2 - MARKET ANALYSIS REPORT › Section 5:86-2.8 - Viability of transfer of development rights program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The analyst shall
				provide a value estimate that identifies a range of raw land value a developer is
				willing to pay per unit of development in the receiving zone, and discusses how the
				estimate was determined, including a demonstration that at least the following
				factors have been taken into consideration:
1. The
				infrastructure needs in the proposed receiving zone identified in the Capital
				Improvement Program and Utility Service Plan developed pursuant to
				40:55D-140 and the effect of said needs
				on development potential in the receiving zone. The discussion shall, at a minimum,
				include:
i. The availability and need for
				infrastructure; and
ii. The cost of
				providing needed infrastructure, including consideration of who will bear the cost
				of providing said infrastructure;
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 3 - REVIEW OF MARKET ANALYSIS REPORT › Section 5:86-3.1 - Municipal obligation

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  40:55D-148, the planning board shall
				  hold a hearing on the real estate market analysis prior to the meeting at which the
				  development transfer ordinance receives first reading.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 3 - REVIEW OF MARKET ANALYSIS REPORT › Section 5:86-3.2 - Office of Planning Advocacy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Two paper copies and
				one electronic copy of the final market analysis report shall be sent to the Office
				of Planning Advocacy no later than 10 days after its completion, and at least 15
				days prior to planning board hearing required pursuant to
				40:55D-148.
(b) The Office of Planning Advocacy shall be
				officially notified of the planning board hearing required pursuant to
				40:55D-148 at least 15 days prior to
				said hearing.
(c) The Office of Planning
				Advocacy's evaluation of the proposed TDR program will consider the findings of the
				real estate market analysis report, and the results of said analysis will be
				incorporated into its report to the State Planning Commission regarding the
				municipality's petition for plan endorsement pursuant to
				40:55D-140(e)  and
				N.J.A.C. 5:85-7.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 3 - REVIEW OF MARKET ANALYSIS REPORT › Section 5:86-3.3 - Pinelands Commission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any municipality
				located in whole or in part in the Pinelands Area, two paper copies and one
				electronic copy of the final market analysis report shall be sent to the Pinelands
				Commission no later than 10 days after its completion, and at least 15 days prior to
				planning board hearing required pursuant to
				40:55D-148.
(b) For any municipality located in whole or in
				part in the Pinelands Area, the Pinelands Commission shall be officially notified of
				the planning board hearing required pursuant to
				40:55D-148 at least 15 days prior to
				said hearing.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 86 - TRANSFER OF DEVELOPMENT RIGHTS REAL ESTATE MARKET ANALYSIS REPORT › Subchapter 4 - REAL ESTATE MARKET ANALYSIS IN THE HIGHLANDS › Section 5:86-4.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the transfer
				program involves credits from the Highlands preservation area and is established
				after the Highlands Council creates a Regional TDR Program pursuant to
				13:20-13, the initial value of the
				Highlands preservation area development rights shall be the value set by the
				Council.
(b) If the municipality is
				proposing a TDR program that is voluntarily participating in the Highlands Regional
				TDR Program and is established after the Highlands Council creates a Regional TDR
				Program pursuant to
				13:20-13, the initial value of the
				Highlands Region transferable development rights shall be the value set by the
				Council.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.1 - Heading and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules contained
				in this chapter shall be known as the "Rules for the Basic Course in Land Use Law
				and Planning Training Program."
(b)
				These rules are to implement the mandatory training program required by
				P.L.
				2005, c. 133 (40:55D-23.3 and 23.4).
(c) These rules govern the prescribed evaluation
				by the State of the training of a member or alternate member of a municipal planning
				board, zoning board of adjustment or combined board in the State of New Jersey.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.2 - Authority

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated by the Commissioner of the Department
				  of Community Affairs pursuant to the authority of the "Mandatory Education Bill for
				  Planning and Zoning Board Members," (
				  sections
				  2 and
				  3 of
				  P.L.
				  2005, c. 133 (40:55D-23.3 and 23.4)).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.3 - Intent and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of the Training Program shall be to provide a basic
				  understanding of the role and duties of members and alternate members of municipal
				  planning boards, zoning boards of adjustment and combined boards as set forth in the
				  Municipal Land Use Law,
				  40:55D-1 et seq., and the relationship
				  of their roles and responsibilities to the neighboring municipalities, regional
				  planning entities, counties, and State agencies. Members are encouraged to continue
				  their education beyond this basic course during their tenure on their respective
				  board(s).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.4 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any provision of these rules or the application thereof to any
				  person or circumstance is held invalid, the invalidity shall not affect other
				  provisions or applications of the rules and to this end, the provisions of the rules
				  are severable.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.5 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise defined in this subchapter, words and terms
				  shall have the same meanings set forth in the Municipal Land Use Law,
				  40:55D-4 to 7.
"Approved course" means a course, approved by the Commissioner of
				  the Department of Community Affairs, offered by an institution or organization or
				  entity that satisfies the mandatory curriculum of the Training Program and for which
				  members and alternate members of municipal planning boards, zoning boards of
				  adjustment or combined boards shall receive certification.
"Board" means a municipal planning board, zoning board of
				  adjustment or combined board as referenced in
				  40:55D-23.3(a).
"Certificate of Completion" means written documentation provided
				  to the member or alternate member of a municipal planning board, zoning board of
				  adjustment or combined board from the Commissioner evidencing satisfactory
				  completion of the Training Program requirements.
"Commissioner" means the Commissioner of the Department of
				  Community Affairs.
"Course provider" means an institution or organization or entity
				  certified by the Commissioner to offer an approved course.
"Department" means the New Jersey Department of Community
				  Affairs.
"Member" means individual serving as primary or alternate
				  appointed representative to a municipal planning board, zoning board of adjustment,
				  or combined land use board.
"Training Program" means the mandatory basic course in land use
				  law and planning required by
				  sections
				  2 and
				  3 of
				  P.L.
				  2005, c. 133 (40:55D-23.3 and 23.4).
"Waiver" means a determination by the Commissioner of the
				  Department of Community Affairs that a member or alternate member of a municipal
				  planning board, zoning board of adjustment or combined board has completed a course
				  of study which is equivalent to or more extensive than the course offered pursuant
				  to ( sections
				  2 and
				  3 of
				  P.L.
				  2005, c. 133; (40:55D-23.3 and 23.4)).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.6 - Applicability; fees; board membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as provided
				in 5:87-1.7, the provisions of this
				subchapter shall apply to any person serving as a member as of the date that the
				Training Program is first offered, and to members appointed thereafter.
(b) Municipalities may establish fees, pursuant to
				40:55D-8, to defray the costs of
				tuition for those members required to take the course in land use law and planning
				as required pursuant to
				P.L.
				2005, c. 133 (40:55D-23.3 and 23.4).
(c) Municipalities shall provide to the
				Commissioner biannually, every January and July, a current list of members, their
				addresses, the date of their appointment to the board, and the date of their term
				expiration, by completing the List of Planning/Zoning Officials form available on
				the Department of Community Affairs' Office of Local Planning Services' website,
www.nj.gov/dca/divisions/lps
and
				emailing it to the administrator of the course program. The administrator's email
				address is also available on the Office of Local Planning Services'
				website.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.7 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				members shall not be required to meet the educational requirements established
				pursuant to section 3 of
				P.L.
				2005, c. 133 (40:55D-23.3 ):
1. The mayor or persons designated to serve on a
				municipal planning board in the absence of a mayor who serves as a Class I member
				pursuant to section 14 of P.L. 1973, c. 291 (40:55D-23 );
2. A member of the governing body serving as a
				Class III member pursuant to section 14 of P.L. 1975, c. 291 (40:55D-23 );
3. Any person who is licensed as a professional
				planner and maintains a certificate of license issued pursuant to chapter 14A of
				Title 45 of the Revised Statutes which is current as of the date upon which that
				person would otherwise be required to demonstrate compliance with the provisions of
				sections
				2 and
				3 of
				P.L.
				2005, c. 133 (40:55D-23.3 and 23.4); and
4. Any person who offers proof of having completed
				a course in land use law and planning that is equivalent to or more extensive than
				that required under the provisions of
				40:55D-23.3 and as set forth in
				5:87-3.1 within 12 months of the date
				upon which that person would otherwise be required to demonstrate compliance with
				the provisions of the "Mandatory Education Bill for Planning and Zoning Board
				Members" (40:55D-23.3 and 23.4) and which, in the
				determination of the Commissioner, is equivalent to or more extensive than the
				course defined by the provisions of
				5:87-3.1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 5:87-1.8 - Compliance period

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any member or
				alternate board member serving as of the date the Training Program is first offered
				shall satisfactorily complete the Training Program by January 17, 2008.
(b) Any board member appointed after the date upon
				which the Training Program is first offered shall satisfactorily complete the
				Training Program within 18 months following the date of their appointment.
(c) A board member who fails to satisfy the
				requirements of the Training Program within the prescribed 18-month period shall be
				deemed ineligible to continue to serve as a board member. Any board member deemed
				ineligible for failure to complete the required Training Course shall be removed as
				a member of the applicable board by the governing body of the affected municipality
				at its first regular public meeting following the expiration of the prescribed
				18-month period. Any board member removed under this provision shall not be eligible
				for subsequent appointment to any board (as defined in
				5:87-1.5 ) without first successfully
				completing the Training Program.
(d) Any
				board member serving a one-year term who does not complete the course within 18
				months of the initial appointment or within 18 months from the date an approved
				course is first offered, whichever is later, must successfully complete the Training
				Program before becoming eligible for subsequent appointment to any board.
(e) A hearing or proceeding held, or decision or
				recommendation made, by a planning board or zoning board member shall not be
				invalidated if a board member has participated in the hearing or proceeding or in
				the decision-making or recommendation leading to board action and that member is
				subsequently determined to be ineligible to serve as a board member by reason of
				their failure to complete the requirements of the Training Program.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 2 - DELIVERY OF THE TRAINING PROGRAM › Section 5:87-2.1 - Course providers

Current through Register Vol. 56, No. 14, July 15, 2024
The Training Program shall be offered by approved course
				  providers as designated by the Commissioner. The Training Program shall consist of
				  five hours of scheduled instruction and be effectively structured and efficiently
				  run so that a board member can satisfy the course requirements in one day. The
				  approved course providers may charge a reasonable tuition to cover the cost of
				  offering the Training Program. The municipality whom the board member represents is
				  responsible to pay the cost of tuition.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 2 - DELIVERY OF THE TRAINING PROGRAM › Section 5:87-2.2 - Written proposal for course approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person,
				institution, organization or entity seeking to become an approved course provider
				must first receive the approval of the Commissioner that the proposed course
				satisfies the mandatory curriculum of the Training Program set forth in N.J.A.C.
				5:87-3. The person, institution, organization or entity must submit a written
				proposal to the Commissioner requesting approval at least 60 days in advance of the
				date the course is first offered. The proposal must contain the following:
1. A description of the length of the course,
				total number of sessions, length of session(s), and the frequency with which they
				are offered;
2. A description of the
				course content broken down by session. Any practical work to be completed by board
				members shall be identified in the proposal;
3. A list of any text or materials to be used
				during the course. The description shall identify whether the text or materials
				shall be mandatory or recommended;
4.
				The names of the instructors and their licensing credentials, as required by
				5:87-4.1;
5. The number of times the course shall be offered
				per year; and
6. A statement of
				agreement that the person, institution, organization or entity shall notify the
				Commissioner if the approved course is withdrawn or changed at anytime. Notification
				must be received by the Department within 10 business days from date the course is
				withdrawn or changed, including an explanation of the changes.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 2 - DELIVERY OF THE TRAINING PROGRAM › Section 5:87-2.3 - More extensive course offerings

Current through Register Vol. 56, No. 14, July 15, 2024
A person, institution, organization or entity providing a more
				  extensive course than the Training Program may seek approval from the Commissioner
				  that the course, or a component thereof, satisfies the Training Program curriculum.
				  The person, institution, organization or entity must meet the requirements under
				  5:87-2.2 to be considered for course
				  approval.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 2 - DELIVERY OF THE TRAINING PROGRAM › Section 5:87-2.4 - Commissioner approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon determining that the course satisfies the
				requirements of the Training Program curriculum, the Commissioner shall:
1. Issue a letter designating the person,
				institution organization or entity as an approved course provider, setting forth any
				terms or conditions of such approval; and
2. Place the name of the person, institution,
				organization, or entity and the course on the Department's list of approved courses
				only after all terms or conditions of approval are satisfied. The list shall be made
				available to the public on the Department of Community Affairs' Office of Local
				Planning Services' website,
www.nj.gov/dca/divisions/lps
				.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 2 - DELIVERY OF THE TRAINING PROGRAM › Section 5:87-2.5 - Periodic review of approved courses

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner reserves the right to periodically review
				  approved courses and approved course providers to evaluate whether the approved
				  courses or course providers continue to conform to the requirements of this chapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 2 - DELIVERY OF THE TRAINING PROGRAM › Section 5:87-2.6 - Revocation of approval

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner may revoke his or her approval of an approved
				  course or approved course provider if the course provider no longer offers the
				  course or the approved course is no longer in conformity with the requirements of
				  this chapter. Whenever approval is revoked or a course has been withdrawn by an
				  approved course provider, a new proposal and the Commissioner's approval of that
				  proposal shall be required before the course may again be offered as satisfying the
				  requirements of the Training Program. Course descriptions must be amended to remove
				  the statement contained in
				  5:87-4.3 immediately upon revocation of
				  Commissioner's approval.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 3 - MANDATORY CURRICULUM OF TRAINING PROGRAM › Section 5:87-3.1 - Training Program curriculum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter sets
				forth the basic requirements for the Training Program curriculum. Course providers
				may offer one combined course for all members, or separate courses for zoning board
				members and planning board members, or for new members versus experienced members.
				However, the course must cover each of the topics listed in this subchapter in order
				to be considered for approval by the Commissioner.
(b) The Training Program shall have three key
				segments:
1. An overview of board responsibilities
				and differences between the boards;
2.
				The municipal master plan; and
3. The
				process of reviewing development applications.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 3 - MANDATORY CURRICULUM OF TRAINING PROGRAM › Section 5:87-3.2 - Overview of board responsibilities and differences between the boards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the
				segment of the training course entitled "overview of board responsibilities and
				differences between the boards" is to provide a focused view of the primary
				responsibilities for each board (planning boards, zoning boards and combined boards)
				as set forth in the Municipal Land Use Law,
				40:55D-1 et seq. (MLUL), and to
				identify the differences between the boards. The mandatory topics to be covered in
				this segment of the Training Course include:
1.
				The difference between planning boards, zoning boards and combined boards;
2. The authority for board action, including the
				MLUL, the Local Redevelopment and Housing Law
				40A:12A-1 et seq., local ordinances
				passed pursuant to the MLUL, and board by-laws;
3. Board membership;
4. The purposes of public planning;
5. The planning process and an overview of the New
				Jersey planning system;
6. The
				relationship of boards to other local entities, including, but not limited to, the
				governing body, environmental commission, historic preservation commission, board of
				education, and the local administration including the town administrator and the
				fire, health, police, emergency management and building officials;
7. The primary responsibilities of the planning
				board, including approval of, and amendment to, the master plan, conducting a master
				plan re-examination report, recommendations as to the official map or any amendment
				thereto, declaring an "area in need of redevelopment" and reviewing proposed
				redevelopment plans, preparation of the capital improvement program, and the
				development and/or review of site plan, subdivision and zoning ordinances;
8. The primary responsibilities of the zoning
				board, including the grant of variances from the zoning ordinance, interpretation of
				the zoning ordinance, decisions on appeals of alleged errors of administrative
				officers' interpretation of the zoning ordinance, and preparation of an annual
				report;
9. Conflicts of interest set
				forth in N.J.S.A. 40:55D-23b, applicable to planning boards, and
				40:55D-69, applicable to boards of
				adjustment;
10. The requirements of the
				Local Government Ethics Law, in which every municipal board member and employee must
				file a financial disclosure statement pursuant to
				40A:9-22.4; and
11. Upholding the requirements of the Open Public
				Meetings Act or "Sunshine Law,"
				10:4-6 et seq., including scheduling
				and noticing meetings; conducting open and closed meeting sessions; and consequences
				of violating the Sunshine Law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 87 - BASIC COURSE IN LAND USE LAW AND PLANNING TRAINING PROGRAM › Subchapter 3 - MANDATORY CURRICULUM OF TRAINING PROGRAM › Section 5:87-3.3 - Municipal master plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the "municipal master plan"
				segment of the Training Program is to provide an overview of the elements of a
				master plan; development and reexamination of the master plan; the relationship of
				the master plan to the ordinances and regulations implemented by the boards, and the
				availability of certain planning tools to implement the vision of the master plan.
				Required areas for discussion in this segment shall include, but are not limited to:
1. Review of the mandatory and optional elements
				of the master plan as required by the Municipal Land Use Law,
				40:55D-1 et seq. (MLUL).
				The overview of the master plan elements may also include a review of other planning
				elements not necessarily addressed in the MLUL, such as the community history, the
				community vision, neighborhood preservation plans, a design element and
				redevelopment plans;
2. Background
				studies that inform the master plan, including, but not limited to:
i. The population, employment and housing
				characteristics of the municipality and the relationship of the information to
				population, employment and household projections contained in the State Development
				and Redevelopment Plan adopted pursuant to the State Planning Act,
				52:18A-203, the
				applicable Metropolitan Planning Organization, and the Council on Affordable
				Housing;
ii. The Natural Resources
				Inventory prepared by the Environmental Commission;
iii. The Historic Preservation Plan prepared by
				the Historic Preservation Commission;
iv. Brownfields inventory;
v. The build-out analysis;
vi. The master plan reexamination reports prepared
				according to the MLUL;
vii. The zoning
				board of adjustment's annual report; and
viii. The processes of cross-acceptance, plan
				endorsement and center designation set forth in the State Planning Act,
				52:18A-203 et seq.,
				and the State Planning Rules, N.J.A.C. 5:85; and
3. Discussion on smart growth planning principles,
				redevelopment, center-based development, transit villages, clustering and transfer
				of development rights, and zoning as planning concepts and tools available to
				planning boards to implement the vision of the master plan for balancing future
				development and conservation in the municipality. An overview of the LRHL and the
				New Jersey Fair Housing Act,
				N.J.S.A. 52:27D-301et
				seq., shall be provided. In addition, region-specific issues, such as the Right to
				Farm Act, N.J.S.A. 4:lC-1 et seq., shall be discussed for board members from
				municipalities that have substantial active commercial
				agriculture.