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-3.19 - Application of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern the relationship between this subchapter and the Reuse Plan:
1. This subchapter is designed to promote
				  flexibility in connection with the implementation of the Reuse Plan, and is
				  intended to be consistent with the land uses described in the Reuse Plan. This
				  subchapter does not supersede the Reuse Plan and is not intended to be, nor
				  should it be construed as, amendments to the Reuse Plan; principal land uses
				  permitted in the Reuse Plan are specifically permitted under this subchapter.
				  All development and redevelopment within the Fort Monmouth Project Area shall
				  be consistent with the Reuse Plan. The Authority will evaluate all development
				  and redevelopment within the Fort Monmouth Project Area for consistency with
				  the Reuse Plan.
2. In determining
				  whether a proposed development or redevelopment project or proposed LRHL
				  redevelopment plan is consistent with the Reuse Plan, the Authority shall
				  consider, among other things, the following, as applicable:
i. Whether the proposed land uses and
				  location thereof would result in a material departure from the land uses and
				  locations described in the Reuse Plan;
ii. Whether approval of the project or
				  consent to the proposed LRHL redevelopment plan 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;
iii. Whether approval of
				  the project or consent to the proposed LRHL redevelopment plan will result in
				  any significant adverse impact on other areas of Fort Monmouth;
iv. Whether approval of the project or
				  consent to the proposed LRHL redevelopment plan 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 development of
				  the project or implementation of the LRHL redevelopment plan);
v. Whether the approval of the project or
				  consent to the proposed LRHL redevelopment plan 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 or
				  consent would require Federal review, consent, or approvals; and
vi. Whether approval of the project or
				  consent to the proposed LRHL redevelopment plan would have significant adverse
				  infrastructure ramifications different from those envisioned in the Reuse
				  Plan.
3. Where a
				  proposed development or redevelopment project is determined by the Authority to
				  be inconsistent with the Reuse Plan, the Authority shall require the adoption
				  of either a Reuse Plan amendment pursuant to
				  19:31C-3.2 7(c) or a use-type
				  variance pursuant to
				  19:31C-3.2 1 prior to the approval
				  of any application submitted to the Authority or the host municipality as
				  provided in this subchapter.
4.
				  Where a proposed LRHL redevelopment plan is determined by the Authority to be
				  inconsistent with the Reuse Plan, the Authority shall require the adoption of
				  either a Reuse Plan amendment pursuant to
				  19:31C-3.2 7(c) or a variance
				  pursuant to
				  19:31C-3.2 5(b)4iii prior to the
				  consent by the Authority to the LRHL redevelopment plan.