New Jersey Administrative Code › Title 15 - STATE › Chapter 30 - STATE PLANNING RULES › Subchapter 1 - GENERAL PROVISIONS › Section 15:30-1.4 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Action Plan" means an outline of the additional actions that must be taken by the petitioner, as determined by the Executive Director in consultation with the Plan Implementation Committee, to complete the self-assessment, visioning, or other items necessary for a petitioner to achieve consistency with the State Development and Redevelopment Plan and endorsement by the State Planning Commission. An Action Plan will provide timelines for the petitioner and relevant State agencies to complete required tasks; and the relevant State agencies to review and evaluate petitioner submissions.
"Center" means an efficient and compact form of development having one or more mixed-use cores and residential neighborhoods and green spaces. Center designations are based on the area, population, density, and employment of the center being considered and features of the surrounding areas. Centers can range in scale from very large, an Urban Center, to the smallest, a Hamlet. Centers range in scale in the following order: Urban, Regional, Town, Village, and Hamlet. Descriptions and criteria for designating each type of center are located in the New Jersey State Development and Redevelopment Plan.
"Center boundary" means the line between a center and its environs. The boundary is defined by physical features, such as rivers, roads, or changes in the pattern of development or by open space, environmentally sensitive features, or farmland, or combinations thereof.
"Center designation" or "designated center" means a center that has been officially recognized as such by the State Planning Commission. Center designations only may occur as part of the plan endorsement process.
"Community visioning" is a process of involving the public, community and stakeholders in developing a vision statement to guide the future of a municipality, county, or regional entity.
"Comprehensive plan" means a document, including maps, to guide all aspects of development and preservation in a coordinated way for a given jurisdiction. It includes an inventory and analysis of current conditions in and around the area and plans and policies to guide future actions.
"Consistency" or "consistent" means that the State Planning Commission determines that a municipal, county, regional, neighborhood or special resource area plan, or an amendment thereto, submitted for plan endorsement pursuant to N.J.A.C. 15:30-7 and endorsed by the State Planning Commission pursuant to N.J.A.C. 15:30-7.17, or a map amendment submitted for approval pursuant to N.J.A.C. 15:30-8 and endorsed by the State Planning Commission pursuant to N.J.A.C. 15:30-8.6 is the same as or has the same effect as the State Development and Redevelopment Plan.
"Core" means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality or a center, generally including housing and access to public transportation.
"County" means any board, department, division, office, agency or other subdivision of the county duly authorized by the county governing body, or executive, as appropriate, to carry out the requirements of this chapter.
"Critical environmental site" (CES) means an area generally greater than two acres and less than a square mile depicted on the State Plan Policy Map, which includes one or more critical environmentally sensitive features located either outside of a planning area classified as environmentally sensitive by the State Development and Redevelopment Plan or within designated Centers, Nodes, and Cores.
"Cross-Acceptance Manual" means a document adopted by the State Planning Commission pursuant to 5:85-2.3 for the purpose of guiding negotiating entities through the cross-acceptance process. The manual shall contain, at a minimum, a sample work program, a draft schedule, a sample negotiation agenda, and an outline for the Cross-Acceptance Report.
"Cross-Acceptance Response Template" or "Response Template" means an online format provided by the State Planning Commission to the negotiating entity for the purpose of submitting comment by the negotiating entity to the State Planning Commission describing the findings, recommendations, objections, and other information as set forth in the Cross-Acceptance Manual. The Cross-Acceptance Response Template can also be submitted by a municipality pursuant to N.J.A.C. 15:30-3.6 or by a regional entity or State agency pursuant to N.J.A.C. 15:30-3.7.
"Days" means business or week days, which shall be Monday through Friday, except for Federal or State holidays, unless otherwise specified.
"Demonstrated interest" means a particularized interest that an individual or an entity can specifically identify having in the action the State Planning Commission may take on a petition filed pursuant to N.J.A.C. 5:85-7 or 8 as a result of specified potential impact that action may have on the individual or entity's right to use, acquire or enjoy property.
"Distributed" means any document that is released, either electronically, online, or by regular first-class mail or certified mail.
"Draft Final State Development and Redevelopment Plan" means a draft of the Final State Development and Redevelopment Plan that has been released for public comment by the State Planning Commission following the cross acceptance process. The draft Final State Development and Redevelopment Plan is the same document as the Interim State Development and Redevelopment Plan that is also referenced in the State Planning Act.
"Endorsed plan" means a municipal, county, regional, neighborhood or special resource area plan, which has been submitted for consideration in a petition to the State Planning Commission, which petition has been approved as a result of a finding by the State Planning Commission that the plan is consistent with the State Development and Redevelopment Plan, pursuant to N.J.A.C. 5:85-7.
"Environs" means parts of the municipality or municipalities outside the center boundaries.
"Environmentally sensitive features" means natural attributes or characteristics whose function as part of a natural system or landscape is considered integral or important. For example, a coastal dune and beach system is an environmentally sensitive feature as is an area of critical habitat or a stream corridor. Environmentally sensitive features of Statewide or regional significance may also be part of the criteria for identification of a Special Resource Area.
"Executive Director" means the Executive Director of the Office of Planning Advocacy.
"Final State Development and Redevelopment Plan" means the plan that the State Planning Commission adopts after releasing and receiving comments on the draft Final State Development and Redevelopment Plan which upon adoption becomes the official State Development and Redevelopment Plan that sets forth Statewide planning policies and serves as the official blueprint for development and redevelopment in New Jersey.
"Goal" or "goals" means a desired state of affairs to which planned effort is directed. The goals of the State Development and Redevelopment Plan are general statements of values derived from the State Planning Act of 1986 and public comments.
"Historic and cultural site" (HCS) means a site that includes features or characteristics that have inherent cultural, historic, or aesthetic significance of local, regional, or Statewide importance. Such features include, but are not limited to, historic sites and districts, greenways and trails, dedicated open space, pre-historic and archaeological sites, scenic vistas and corridors, or natural landscapes of exceptional aesthetic or cultural value.
"Impact assessment" means the assessment of the economic, environmental, climate mitigation and resilience, infrastructure, community quality of life, including, for example, access to housing and affordable housing, social equity, and intergovernmental coordination of the draft Final State Development and Redevelopment Plan required by the State Planning Act and N.J.A.C. 15:30-4.7.
"Infrastructure Needs Assessment" means the assessment of present and prospective conditions, needs, and costs with regard to State, county, and municipal capital facilities, including water, sewerage, transportation, broadband, solid waste, drainage, flood protection, shore protection, and related capital facilities that is required to be part of the State Development and Redevelopment Plan by the State Planning Act and N.J.A.C. 15:30-5.
"Map amendments" means the changes in the State Plan Policy Map initiated by the State Planning Commission in response to new data or that result from approval by the State Planning Commission of a petition for a map amendment pursuant to N.J.A.C. 5:85-8 or approval by the State Planning Commission pursuant to N.J.A.C. 5:85-7 of a petition for plan endorsement, which includes a proposed map amendment.
"Master Plan" means a comprehensive plan for the development of a county or municipality used to guide development and development regulations. Master Plans are adopted by municipal and county planning boards pursuant to the Municipal Land Use Law (40:55D-28) and the County Planning Act (40:27-1 et seq.), respectively.
"Memorandum of Understanding" means a contract between the State Planning Commission and a petitioner to enter into a Plan Implementation Agreement for the petitioner to take the steps needed to achieve consistency with the State Plan, in collaboration with the Office of Planning Advocacy and the relevant State agencies.
"Minor map amendment" means an amendment to the State Plan Policy Map which does not exceed 100 acres and for which additional notice is required pursuant to 5:85-1.7(b)7 and (g)4.
"Municipality" means any board, department, division, office, agency, or other subdivision of the municipality duly authorized by the municipal governing body, or executive, as appropriate, to carry out the requirements of this chapter.
"Negotiating entity" or "negotiating entities" means a county, or where a county has declined to participate in the cross-acceptance process, some other entity designated by the State Planning Commission to compare and negotiate the Preliminary State Development and Redevelopment Plan.
"Negotiation" means the public dialogue between negotiating entities and the State Planning Commission to arrive at a Statement of Agreement and Disagreements.
"Negotiation session" means a session during which the duly authorized representatives of the State Planning Commission and a negotiating entity and any municipality that has submitted a Cross-Acceptance Report, engage in a dialogue with the purpose of attaining the highest degree of agreement on identified issues.
"Node" means a concentration of facilities and activities, which are not organized in a compact form.
"Office of Planning Advocacy" or "the Office," or its successor means the Office in the Department of State that staffs the State Planning Commission and provides planning and technical assistance, as requested. The Office of Planning Advocacy serves the same functions as, and is the successor to, the Office of State Planning (N.J.S.A. 52:18A-201). The Office of Planning Advocacy's website is
https://nj.gov/state/planning/index.shtml
.
"Office of Smart Growth" means the Office in the Department of Community Affairs that staffs the State Planning Commission and provides planning and technical assistance as requested. The Office of Smart Growth serves the same functions as, and is the successor to, the Office of State Planning (52:18A-201). The Office of Smart Growth website is
http://www.njsmartgrowth.com
.
"Period of Cross-Acceptance" means that period of time extending from date of release of the Preliminary State Development and Redevelopment Plan by the Commission to the release of the Statement of Agreements and Disagreements.
"Petition" means either a formal request for plan endorsement or an amendment to an endorsed plan submitted by a municipality, a county, a regional planning entity or any grouping thereof to the State Planning Commission for review for consistency with State Development and Redevelopment Plan pursuant to N.J.A.C. 5:85-7 or a formal request by an entity other than a municipality, county or regional agency for a proposed map amendment in an area that is not subject of an endorsed plan pursuant to N.J.A.C. 5:85-8.
"Petition to amend" means a petition to amend either an endorsed plan, a Plan Implementation Agreement, or the State Development and Redevelopment Plan Map.
"Petitioner" means a municipality, county, regional or other relevant planning entity, or any grouping thereof, seeking plan endorsement or an amendment to an endorsed plan pursuant to N.J.A.C. 5:85-7 or an entity other than a municipality, county or regional planning entity or any group thereof seeking an amendment to the State Plan Policy Map for an area that is not subject of an endorsed plan pursuant to N.J.A.C. 5:85-8.
"Plan" means the legally adopted planning documents of a governmental entity submitted for endorsement, as well as the various plan elements, planning studies, and documentation used to prepare or implement it.
"Plan Endorsement Advisory Committee" or "Advisory Committee" means a committee appointed by the mayor or governing body to increase public awareness of, and participation in, the plan endorsement process and to guide and assist in the development and review of the self-assessment report, and recommendations therein. Upon the consent of the governing body, the Advisory Committee may also serve as liaison with the State, county, regional, and local officials throughout the plan endorsement process, and participate in meetings between the petitioner, the Office of Planning Advocacy, and other relevant State agencies.
"Plan Endorsement Guidelines" means a document issued by the State Planning Commission for the purpose of helping petitioners understand and follow this chapter, as they pursue plan endorsement, pursuant to this chapter.
"Plan endorsement process," "plan endorsement," or "endorsement" means the process undertaken by a municipality, county, regional, or other relevant planning entity, or any grouping thereof, to petition the State Planning Commission for a determination of consistency of the submitted plan with the State Development and Redevelopment Plan and wherein upon successful completion of any requirements as may be outlined in an Action Plan, and/or conditioned in a Plan Implementation Agreement and Memorandum of Understanding, the State Planning Commission shall make a determination that the submitted plan is consistent with the State Development and Redevelopment Plan, taking into account pertinent State statutes, rules, policies, and programs, and approve a petition for plan endorsement, wherein said plan shall then be considered endorsed.
"Plan Endorsement Renewal" or "Expedited Renewal" means the process undertaken by a municipality, county, or regional entity to petition the State Planning Commission to renew its endorsement at the conclusion of the prior 10-year plan endorsement period, when a petitioner's prior endorsed plan is brought into consistency with the current State Plan and any additional procedures from the current State Plan Endorsement Guidelines and related support materials.
"Plan Implementation Agreement" (PIA) means an agreement between the State Planning Commission and the petitioner that sets forth the planning implementation measures and a schedule thereof, for the petitioner to undertake during the 10-year endorsement period, so that the petitioner will achieve the goals and vision described in the endorsed plan, and will attain State agency benefits, such as technical and financial assistance that will be provided by State agencies to help advance the implementation of the plan. The PIA ensures implementation of the plan is consistent with State Plan goals, policies, and strategies. The maintenance of an endorsed plan's status during the 10-year endorsement period will be contingent upon fulfilling the obligations in the PIA, as evaluated pursuant to N.J.A.C. 15:30-7.20, and the monitoring of endorsed plans and designated centers.
"Plan implementation mechanisms" means zoning and land use ordinances, maps and schedules, open space and farmland preservation programs, natural resource inventories, capital improvement programs, and any other relevant means used to implement plans.
"Planning area" means an area of greater than one square mile that shares a common set of conditions, such as population density, infrastructure systems, level of development, or environmental sensitivity. The State Development and Redevelopment Plan sets forth planning policies that guide growth in the context of those conditions.
"Plan Implementation Committee" (PIC) means a subcommittee of the State Planning Commission authorized to review Plan Endorsement petitions, State Policy Map Amendment petitions, and other work products in advance of consideration by the State Planning Commission.
"Policy" means a general rule for action focused on a specific issue, derived from more general goals and strategies. Some policies can be implemented directly through institutional procedures or regulations, others require the establishment of more specific and extensive plans or programs.
"Preliminary State Development and Redevelopment Plan" means the document, including maps, appendices, and other material included by reference approved by the State Planning Commission as the basis for comparing and negotiating with the negotiating entities and the State Planning Commission.
"Prior center designations" or "previously designated centers" means a center designated pursuant to the State Planning Rules and in effect prior to May 17, 2004 that was not designated as part of an endorsed plan.
"Regional" means an area encompassing land in more than one municipality, a county, or more than one county, that is bound together by shared characteristics and regional systems.
"Regional agency" and "regional entity" means an agency working with one or more counties or municipalities, counties working with each other or one or more municipalities, or multiple municipalities working together for the purposes of plan endorsement or to perform planning for land development, infrastructure, or capital investment planning for a region.
"Self-assessment," "self-assessment report," or "municipal self-assessment (MSA)" means the report prepared by a petitioner to provide an overview and analysis of existing conditions of the petitioner, as well a review of existing plans, and an assessment of the consistency of a petitioner's plans and implementation mechanisms with the goals, policies, and strategies of the State Development and Redevelopment Plan.
"Smart Growth Areas" means Metropolitan (PA1) and Suburban Planning Areas (PA2), Designated Centers, Cores, and Nodes, Highlands Centers, Meadowlands Smart Growth Areas, Pinelands Growth Areas, Villages and Towns, and other designated growth areas, as determined by the State Planning Commission and depicted on the New Jersey State Plan Policy Map.
"Special Resource Area" means an area or region, and defined in the State Development and Redevelopment Plan that are worthy of special protection due to unique characteristics or resources of Statewide importance, which are essential to the sustained wellbeing and function of its own region and other regions or systems - environmental, economic, and social - and to the quality of life for future generations.
"State agency" means an agency of the State government, including authorities and cabinet departments, commissions, authorities and State colleges among others.
"State agency benefit" means any benefit, such as technical assistance, financial assistance, priority consideration for grant awards, special grant funding, or other programs, provided by a relevant State agency, that is afforded to any petitioner granted a State Planning Commission determination of consistency of its petition for plan endorsement.
"State Development and Redevelopment Plan" or "State Plan" means the plan prepared and adopted pursuant to the State Planning Act that sets forth Statewide planning policies and serves as the official blueprint for development and redevelopment in New Jersey. It is an expression of Statewide intent and articulates the planning policies that will be needed to reach the goals of the State Planning Act. Local application of these policies occurs through the Plan Endorsement process.
"State Opportunities and Constraints Assessment" means a preliminary written assessment of existing land use patterns, infrastructure availability, and natural resources provided by the Office of Planning Advocacy to a petitioner that has submitted a municipal self-assessment report, based on input from relevant State agencies, and used to inform community visioning.
"State Plan Policy Map" means the geographic application of the State Development and Redevelopment Plan goals, strategies, and policies and is comprised of series of maps corresponding to the 1:24,000 scale United States Geological Survey (U.S.G.S.) 7.5 minutes topographic quadrangle maps. The State Plan Policy Map serves as the official map of the State Development and Redevelopment Plan. Each quadrangle map includes, at a minimum, planning areas, including changes made in the plan endorsement process, endorsed plans, designated centers, cores, and nodes, as well as other areas including critical environmental sites, parks and natural areas, military installations, the certification signature, and appropriate initialing of revisions, if any, by the Secretary of the Commission, and the text for each planning area and its planning policies.
"State Planning Act" means the enabling legislation for establishing the State Planning Commission, creating the State Plan and delineating the duties of the State Planning Office, as codified at 52:18A-196 et seq.
"State Planning Commission" or "Commission" means the commission established under the State Planning Act, which has primary jurisdiction for the administration of developing and implementing the State Plan, coordinating planning among State agencies and other powers and duties as delineated in the State Planning Act.
"Statement of Agreements and Disagreements" means a document approved by the State Planning Commission pursuant to N.J.A.C. 15:30-4.6, which details the highest degree of agreement that is generated during the negotiation of plans between each negotiating entity and the State Planning Commission's negotiating committee.
"Strategy" means a general course of action, which links more general goals of the State Development and Redevelopment Plan with more specific policies.
"Urban complex" means an Urban Center and two or more municipalities within the surrounding Metropolitan Planning Area that exhibit a strong inter-municipal relationship, based on socio-economic factors and public facilities and services, that is defined, integrated and coordinated through a Strategic Revitalization Plan. Urban complexes are nominated jointly by a county or counties and the affected municipalities and are coterminous with municipal boundaries but not necessarily with county boundaries.
"Urban complex strategic revitalization plan" means a Strategic Revitalization Plan that may substitute for individual municipal Strategic Revitalization Plans within their jurisdiction and that:
1. Describes the relationships that exist within the urban complex;
2. Identifies issues affecting the future growth and viability of the urban complex;
3. Assesses the strengths and weaknesses of the urban complex; and
4. Specifies strategies for regional and cultural cooperation and action.
"Written comment" means public comment provided either electronically or by first class mail.
"Written notice" means notice that is provided either electronically or by first class mail.