New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.27 - Administrative

Current through Register Vol. 56, No. 14, July 15, 2024
(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.