New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY MEADOWLANDS COMMISSION › Chapter 4 - DISTRICT ZONING REGULATIONS › Subchapter 4 - ADMINISTRATION › Section 19:4-4.19 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to
				  the limits on third party hearings at (g) below, any variance recommendation,
				  special exception use recommendation, or decision of the NJMC staff, including
				  a decision that a person or entity has violated these regulations pursuant to
				  19:4-4.2 1, may be appealed in
				  accordance with this section. Any recommendation of the NJMC staff, other than
				  a variance recommendation or special exception use recommendation, shall not be
				  subject to appeal.
(b) Any
				  adversely affected person or entity may appeal any decision, variance
				  recommendation, or special exception use recommendation by the NJMC staff
				  through the New Jersey Office of Administrative Law (OAL), pursuant to the
				  following procedures:
1. The person or entity
				  appealing a decision, variance recommendation, or special exception use
				  recommendation of the NJMC staff shall be known as an appellant and shall file
				  a notice of appeal in writing, by certified mail, with the Executive Director
				  within 15 days after the date of the decision.
2. The notice of appeal shall be deemed filed
				  upon receipt by the Executive Director.
3. The notice of appeal shall contain the
				  following:
i. A statement of the legal
				  authority and jurisdiction under which the request for appeal is
				  made;
ii. A brief statement of
				  facts describing the NJMC staff decision, variance recommendation, or special
				  exception use recommendation being appealed, as well as the nature and scope of
				  the interest of the person or entity appealing such decision; and
iii. A statement of all facts alleged to be
				  at issue and their relevance to the NJMC staff's decision, variance
				  recommendation, or special exception use recommendation for which the appeal is
				  made.
4. Within 10 days
				  of receipt of a notice of appeal from a person or entity directly affected by a
				  NJMC staff decision, variance recommendation, or special exception use
				  recommendation, that is, the applicant for any zoning, subdivision, variance,
				  special exception use, building permit, or other approval, or the person or
				  entity cited for violation of these regulations, the Executive Director shall
				  transmit the matter to the OAL for a hearing pursuant to the Administrative
				  Procedure Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Procedure Rules, N.J.A.C. 1:1. The Executive Director shall
				  forward a third party appeal to the Board of Commissioners, which shall
				  determine whether the third party appellant has the required interest under the
				  Administrative Procedure Act,
				  52:14B-3.1 through 3.3, to be
				  granted an appeal. Should the Board of Commissioners determine that the third
				  party appeal may proceed, the Board of Commissioners shall direct the Executive
				  Director to transmit the third party appeal to the OAL.