reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 6 - FEES AND CHARGES › Section 19:65-6.2 - Administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Initial fees shall be charged as follows:
1. With respect to approved projects for which the Authority will make a loan or loans to a participant, the Authority will charge an initial fee up to 2.75 percent of the initial amount of the loan.
2. With respect to approved projects in which the Authority is a participant (alone or with other participants), the Authority will charge an initial fee up to 2.75 percent of the Authority investment in the project.
3. With respect to approved projects for which a licensee is making an equivalent investment in accordance with N.J.A.C. 19:65-2.8, the Authority may, pursuant to criteria set forth in N.J.A.C. 19:65-9.2, charge an initial fee up to 2.75 percent of the amount of the equivalent investment.
4. With respect to approved hotel development projects, the Authority shall charge an initial fee up to one percent of the amount of the investment.
5. With respect to approved Casino Capital Construction Fund projects and approved Atlantic City Expansion Fund projects, the Authority shall charge an initial fee up to 2.00 percent of the Authority investment in the project.
6. With respect to public bond issuances, the Authority shall charge a fee of one percent of the gross bond proceeds.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 6 - FEES AND CHARGES › Section 19:65-6.3 - Waiver of application and administrative fees

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director, pursuant to criteria set forth in N.J.A.C. 19:65-9.2, may waive the Application and/or Administrative fee or fees for any governmental entity or non-profit organization.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings unless a different meaning clearly appears from the context:
"Affiliates" means persons having an overt or covert relationship such that any one of them directly or indirectly controls or has the power to control another.
"Authority project contracting" means any arrangement giving rise to an obligation to supply anything or to perform any service in connection with the construction, financing or administration of a project.
"Debarment" means an exclusion from Authority project contracting on the basis of a lack of responsibility evidenced by an offense, or failure or inadequacy of performance, for a reasonable period of time commensurate with the seriousness of the offense, or failure or inadequacy of performance.
"Person" means any natural person, corporation, partnership, company, firm, association or other entity.
"Suspension" means an exclusion from Authority project contracting for a temporary period of time, pending the completion of an investigation or legal proceedings.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.2 - Cause for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority may decline to approve a project, give financial assistance to any project or participant therein, debar a person from contracting with the Authority or debar a person from Authority project contracting for the following causes:
1. Commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract thereunder, or in the performance or such contract or subcontract;
2. Violation of the Federal Organized Crime Control Act of 1970, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, perjury, false swearing, receiving stolen property, obstruction of justice, or any other offense indicating a lack of business integrity or honesty;
3. Violation of the Federal or State antitrust statutes, or of the Federal Anti-Kickback Act ( 18 U.S.C. 874, 40 U.S.C. 276 b, c);
4. Violation of any laws governing the conduct of elections of the Federal Government, State of New Jersey or of its political subdivisions;
5. Violation of the "Law Against Discrimination" ( P.L. 1945, c.169, 10:5-1 et seq., as supplemented by P.L. 1975, c.127), or of the act banning discrimination in public works employment (10:2-1 et seq.);
6. Violation of any laws governing hours of labor, minimum wage standards, prevailing wage standards, discrimination in wages, or child labor;
7. Violation of any laws governing the conduct of occupations or professions or regulated industries;
8. Violation of any laws which may bear upon a lack of responsibility or moral integrity;
9. Willful and unjustified failure to perform in accordance with contract specifications or with contractual time limits;
10. A record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, provided that such failure or unsatisfactory performance has occurred within a reasonable time preceding the determination to debar and was caused by acts within the control of the person debarred;
11. Any other cause of such serious and compelling nature as may be determined by the Authority to warrant disqualification for assistance or debarment from contracting with the Authority or from Authority project contracting, even if such conduct has not been or may not be prosecuted as violations of such laws or contracts;
12. Debarment by any department or agency of the Executive Branch of State Government;
13. Debarment by the Department of Housing and Urban Development, Federal Housing Administration or any other instrumentality, agency or department of the United States Government.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.3 - Conditions affecting debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following conditions shall apply concerning debarment:
1. Debarment shall be made only upon approval of the Authority, upon its own action or upon recommendation by the Executive Director of the Authority, except as otherwise provided by law.
2. The existence of any of the causes set forth in N.J.A.C. 19:65-7.2 shall not necessarily require that a person be debarred. In each instance, the decision to debar shall be made within the discretion of the Authority, upon its own action or upon recommendation of the Executive Director of the Authority, unless otherwise required by law, and shall be based upon the best interests of the State.
3. All mitigating factors shall be considered in determining the seriousness of the offense, failure or inadequacy of performance and in deciding whether debarment is warranted.
4. The existence of a cause set forth in N.J.A.C. 19:65-7.2(a)1 through 7.2(a)8 shall be established upon the rendering of a final judgment or conviction including a guilty plea or a plea of nolo contendere by a court of competent jurisdiction or by an administrative agency empowered to render such judgment. In the event an appeal taken from such judgment or conviction results in reversal thereof, the debarment shall be removed upon the request of the debarred person unless other cause for debarment exists.
5. The existence of a cause set forth in N.J.A.C. 19:65-7.2(a)11 shall be established by evidence which the Authority determines to be clear and convincing in nature.
6. Debarment for the causes set forth in N.J.A.C. 19:65-7.2(a)12 and 13 shall be proper, provided that one of the causes set forth in N.J.A.C. 19:65-7.2(a)1 through 7.2(a)10 was the basis for debarment by the original debarring agency. Such debarment may be based entirely on the record of facts obtained by the original debarring agency, or upon a combination of such factors and additional facts.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.4 - Procedures: Period of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Authority seeks to debar a person or its or his or her affiliates, such person or persons shall be furnished with a written notice stating that:
1. Debarment is being considered;
2. The reasons for the proposed debarment; and
3. An opportunity will be afforded to such person or persons for a hearing if the hearing is requested within seven days from the date of personal delivery or the date of mailing of such notice.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.5 - Causes for suspension of a person

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Authority may, upon approval of the Attorney General, suspend a person for any cause specified in N.J.A.C. 19:65-7.2 or upon a reasonable suspicion that such cause exists.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.6 - Conditions for suspension of a person

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following conditions concerning suspension shall be adhered to:
1. Suspension shall be imposed only upon approval of the Authority, upon its own action or upon recommendation by the Executive Director of the Authority, and upon approval of Attorney General, except as otherwise provided by law.
2. The existence of any cause for suspension shall not require that a suspension be imposed, and a decision to suspend shall be made at the discretion of the Authority, upon its own action or upon recommendation by the Executive Director of the Authority, and at the discretion of the Attorney General, and shall be rendered in the best interests of the State.
3. Suspension shall not be based upon unsupported accusation, but upon adequate evidence that cause exists or upon evidence adequate to create a reasonable suspicion that cause exists.
4. In assessing whether adequate evidence exists, consideration shall be given to the amount of credible evidence which is available, to the existence or absence of corroboration as to important allegations, and to inferences which may properly be drawn from the existence or absence of affirmative facts.
5. Reasonable suspicion of the existence of a cause described in N.J.A.C. 19:65-7.2(a)1 through 7.2(a)8 may be established by the rendering of a final judgment or conviction by a court or administrative agency of competent jurisdiction, by grand jury indictment, or by evidence that such violations of civil or criminal law did in fact occur.
6. A suspension invoked by another agency for any of the causes described in N.J.A.C. 19:65-7.2 may be the basis for the imposition of a concurrent suspension by the Authority, which suspension may be imposed when found to be in the best interest of the State.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.7 - Procedures: Period of suspension; Scope of suspension affecting the suspension of a person

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following provisions regarding procedures, period of suspension and scope of suspension shall be adhered to by the Authority:
1. Upon approval of the Attorney General, the Authority may suspend a person or its or his or her affiliates, provided that within 10 days after the effective date of the suspension, the Authority provides such party with a written notice:
i. Stating that a suspension has been imposed and its effective date;
ii. Setting forth the reasons for the suspension to the extent that the Attorney General determined that such reasons may be properly disclosed;
iii. Stating that the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue; and
iv. Indicating that, if such legal proceedings are not commenced or the suspension removed within 60 days of the date of such notice, the party will be given either a statement of the reasons for the suspension and an opportunity for a hearing if it, he or she so requests, or a statement declining to give such reasons and setting forth the Authority's position regarding the continuation of the suspension. Where a suspension by another agency has been the basis for suspension by the Authority, the Authority shall note that fact as a reason for its suspension.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.8 - Extent of debarment and suspension

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusion from Authority project contracting by virtue of debarment or suspension shall extend to all contracting and subcontracting within the control or jurisdiction of the Authority including any contracts which utilize Authority funds. When it is determined by the Authority, upon its own action or upon recommendation by the Executive Director of the Authority, to be essential to the public interest, and upon filing of a finding thereof by the Attorney General, and in the case of suspension, upon approval of the Attorney General, an exemption from total exclusion may be made with respect to a particular Authority contract.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.9 - Notice to Attorney General and Treasurer

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed debarment or suspension shall be given by the Authority to the Attorney General and the State Treasurer. The Authority shall supply to the State Treasurer a list of all persons having been debarred or suspended in accordance with the procedures prescribed in these rules, including the effective date and term, if any, of such debarment or suspension. Such list shall at all times be available for public inspection.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.10 - Lists of other agencies

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the failure of the Authority to debar or suspend any person pursuant to these rules, whenever the Authority participates in any program financed, issued or guaranteed by any department, agency or instrumentality of the State or the United States Government, it may rely on any list of persons suspended or debarred by such agency, department or instrumentality and prevent the listed person from participating in that program.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.11 - Authority discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this subchapter is intended to limit the discretion of the Authority in determining eligibility for financial or other assistance or to contract or refrain from contracting with any person. The purpose of this subchapter is to provide notice of certain offenses or failures which may result in disqualification for assistance or debarment. Project applicants and participants must meet any other applicable standards and policies.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 7 - DISQUALIFICATION, DEBARMENT AND SUSPENSION › Section 19:65-7.12 - Executive Director to implement subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
The Executive Director is authorized to take all necessary action to implement and administer the provisions of this subchapter.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 8 - CONTRACTS FOR ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES › Section 19:65-8.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall apply only to contracts for architectural, engineering and land surveying services which are in excess of $ 25,000 and subject to the procurement provision requirements of 52:34-9.1 et seq. Nothing in this subchapter shall preclude the Authority from using procurement processes other than those prescribed herein if those processes have been approved by the Federal government or other State statute or if an emergency has been declared by the Executive Director of the Authority.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 8 - CONTRACTS FOR ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES › Section 19:65-8.2 - 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.
"Compensation" means the basis of payment by an agency for professional architectural, engineering or land surveying services.
"Professional architectural, engineering and land surveying services" means those services, including planning, environmental, and construction inspection services required for the development and construction of projects, within the scope of the practice of architecture, professional engineering or professional land surveying as defined by the laws of this State or those performed by an architect, professional engineer or professional land surveyor in connection with his or her professional employment practice.
"Professional firm" means any individual, firm, partnership, corporation, association or other legal entity permitted by law to provide professional architectural, engineering, or land surveying services in this State.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 8 - CONTRACTS FOR ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES › Section 19:65-8.3 - Criteria for the selection of the most highly qualified professional firms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the solicitation of proposals or expressions of interest pertaining to the procurement of professional architectural, engineering, or land surveying services, the Authority shall publicly advertise its need for such services. The advertisement shall either include a statement of the criteria by which the Authority shall evaluate the technical qualifications of professional firms and determine the order of preference to be used in designating the firms most highly qualified to perform the services or identify such criteria by reference to the provisions of this subchapter.
(b) In selecting the most highly qualified professional firms with which to contract for architectural, engineering or land surveying services, the Authority, where applicable, shall consider the following criteria:
1. The experience and qualifications of the firm and designated project team in providing similar services;
2. The experience and qualifications of the firm and designated project team on projects of similar size and complexity;
3. The experience and capability of the firm and designated project team in respect to any special technologies, techniques, or expertise the project may require;
4. The past performance of the firm; and
5. Any other criteria specified in the Authority's public advertisement of the project.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 8 - CONTRACTS FOR ARCHITECTURAL, ENGINEERING AND LAND SURVEYING SERVICES › Section 19:65-8.4 - Effective date of rules

Current through Register Vol. 56, No. 14, July 15, 2024
Any Authority procurement proceeding for the contracting of architectural, engineering or land surveying services where the Authority has not solicited proposals or expressions of interest or publicly advertised its need for such services prior to September 20, 1999 shall be subject to the applicable provisions of this subchapter.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 9 - WAIVERS › Section 19:65-9.1 - Waivers generally

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in these rules shall be construed to prohibit the Authority from granting waivers from the provisions hereof or the provisions of the Act as expressly provided for in the Act.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 9 - WAIVERS › Section 19:65-9.2 - Procedure

Current through Register Vol. 56, No. 14, July 15, 2024
Any party desiring a waiver or release from the express provisions of any of these rules may submit a written request to the Authority to the attention of the Executive Director. Waivers may be granted by the Authority only when such waiver would not contravene the provisions of the Act and upon a finding that in granting the waiver the Authority will be consistent with the statutory purposes of the Authority. Such waivers may also be granted by the Authority upon its own action.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 10 - MISCELLANEOUS › Section 19:65-10.1 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any clause, sentence, subparagraph, paragraph, subsection, section, subchapter or other portion of this chapter or the application thereof to any person or circumstances shall be held to be invalid, such holding shall not affect, impair or invalidate the remainder of this chapter or the application of such portion held invalid to any other person or circumstances, but shall be confined in its operation to the clause, sentence, subparagraph, paragraph, subsection, section, subchapter or other portion thereof directly involved in such holding or to the person or circumstance therein involved.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 65 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Subchapter 11 - PROCEDURES TO RESOLVE PROTESTED SOLICITATIONS AND AWARDS › Section 19:65-11.1 - Protested solicitations and awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any actual or prospective bidder, offeror, proposer or contractor who is aggrieved in connection with the solicitation or award of a contract must protest to the Authority. The protest shall be submitted in writing to the attention of the Executive Director. A protest objecting to a requirement of a quote solicitation on the Authority's website, a bid document or a request for proposal (RFP) document must be received by the Authority at least three business days prior to either: the scheduled review of quotes, the opening of bids or the last day of receipt of responses to the RFP. A protest of the rejection of a quote or bid, or the award a contract as the result of a quote, bid or RFP process must be received within five business days of the award of the contract. Failure to file a timely protest shall bar any further action. The written protest shall identify the specific solicitation or award to which it is addressed, shall set forth in detail the facts and arguments upon which the protesting party bases its protest and shall present any documents which the protesting party deems relevant to the issue(s) presented in the protest.
(b) Upon receipt of a timely filed protest, the Executive Director or his or her designee shall review the protest and any documents filed in support of the protest. The Authority shall advise the protesting party and any other affected party, in a writing which shall be mailed or furnished promptly, of the procedures which will be utilized to review and adjudicate the protest. Where the Authority concludes that additional facts are needed to render a determination, such information may be requested in writing or the Authority may conduct a hearing.
(c) If the protest is not resolved by mutual agreement, the Executive Director shall promptly issue a decision in writing. The decision shall state the determination made and reasons for the action taken. The decision shall be mailed or furnished promptly to the protesting party and any other interested party. Unless any person adversely affected by the decision commences an action in court, the Executive Director's decision shall be final and conclusive. Notwithstanding the above, the Members of the Board of the Authority shall have ultimate authority to approve all contract awards, except where such authority has been delegated to the Executive Director.
(d) If a timely protest is filed, the Authority shall not proceed further with the solicitation or award of the contract until the Executive Director has rendered a decision on the protest, except where the Executive Director makes a written determination that the continued solicitation or award of the contract without delay is necessary to protect the interest of the Authority or the public.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 1 - TOURISM DISTRICT GOALS AND OBJECTIVES › Section 19:66-1.1 - Short title

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be known as and may be referred to as the "Casino Reinvestment Development Authority Tourism District Land Development Rules."
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 1 - TOURISM DISTRICT GOALS AND OBJECTIVES › Section 19:66-1.2 - General purpose and intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes and implements regulatory powers to the ends that the general health, safety, and welfare of the Tourism District established pursuant to P.L. 2011, c. 18, are promoted; that the taxable value of Land and Buildings throughout the city of Atlantic City may be conserved and enhanced; that congestion in the public streets may be lessened or avoided; and that Development occurs in appropriate locations based on the neighboring context and overall environment. To these ends, this chapter is enacted to:
1. Advance the purposes of the P.L. 2011, c. 18 (N.J.S.A. 5:12-218et seq.), the Atlantic City Tourism District Act;
2. Provide a zoning scheme generally consistent with the P.L. 1975, c. 291 (N.J.S.A. 40:55D-1et seq.), the Municipal Land Use Law, that will catalyze appropriate, highly functional, exciting, and ratable-producing Development in an orderly and safe manner within the Tourism District;
3. Create zoning controls that will enhance the boardwalk, beach, and nearby streets through extensive entertainment and event programming, create an improved street-level experience on major thoroughfares, offer new and dynamic retail offerings, increase cleanliness and safety, take advantage of the Tourism District's frontage on the ocean, inlet, and back bay, and provide for a variety of mixed uses;
4. Capitalize on and protect the Tourism District's unique natural resources;
5. Encourage innovative land uses and public-private partnerships to stimulate new markets and strengthen and diversify the Tourism District's economic base;
6. Guide future residential and non-residential growth in a coordinated and managed approach and to provide for logical transitional uses between residential and non-residential areas of the Tourism District;
7. Continue to use practical and flexible development controls to spur market-friendly development that promotes a desirable visual environment and protects from natural forces;
8. Consider potential future growth in relationship to the Tourism District's infrastructure;
9. Collaborate with the city of Atlantic City, as it implements its fair share low and moderate income housing and seeks to improve the existing housing stock; and
10. Promote, where practicable, sustainable green building practices in accordance with U.S. Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) guidelines.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 3 - TOURISM DISTRICT LAND USE REGULATION AND ENFORCEMENT › Section 19:66-3.1 - Land Use Regulation and Enforcement Division

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority may establish by resolution or in accordance with its by-laws (as amended and supplemented from time to time) a Land Use Regulation and Enforcement Division within the Authority.
(b) The responsibilities of the Division shall include:
1. The initial preparation and periodic revision of the Atlantic City Tourism District Master Plan and any elements required or authorized by the Act and the MLUL;
2. The preparation of planning studies of demographic, economic, environmental, and building and land development conditions within the Tourism District when so directed by the members of the Authority;
3. The initial preparation and periodic revision of the zoning map of the Tourism District;
4. Recommendations on the enactment and amendment to land use rules (including, procedures, zoning, site plan, subdivision, signage, building design, and historic preservation);
5. Development of checklists, documents, forms, processes, and application materials necessary for the efficient operation of the Division, and the Authority's processing, consideration, and decision of land use applications or other requests by property owners or interested parties subject to this chapter;
6. Provision of technical review with the opinions of planners, engineers, architects, landscape architects, surveyors, environmentalists, zoning compliance officers, and other experts of development plans and applications;
7. Coordination of public participation, including facilitating the review, as necessary, by other government agencies of development rules, applications, and development plans, maps, and studies prepared or received by the Division;
8. Provision of advice to the Authority on the administration, interpretation, and enforcement of development rules within the Tourism District;
9. Collecting, disbursing, and accounting for all fees, charges, assessments, and escrows associated with development rules within the Tourism District;
10. Retention of consultants, subject to the appropriations by the Authority, in order to administer, regulate, interpret, plan, and enforce development rules within the Tourism District;
11. Maintenance of records of all plans, applications, decisions, rules, interpretations, and appeals regarding development matters and decisions within the Tourism District;
12. Promotion of the orderly, certain, and efficient physical development of the Tourism District; and
13. All things necessary and proper to administer, plan, interpret, and enforce the development rules within the Atlantic City Tourism District.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 3 - TOURISM DISTRICT LAND USE REGULATION AND ENFORCEMENT › Section 19:66-3.2 - Land Use Regulation and Enforcement Division; personnel and process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appointment of personnel. The Authority may create, from time to time, positions within the Division, including a land use hearing officer, land use regulation and enforcement officer, and land use administrator, as it believes necessary for the proper operation of the Division and implementation of this chapter.
(b) Engagement of experts. In addition to Division staff, the Authority may employ such consultants and other experts as determined by the Authority.
(c) Process and procedures. Consistent with the express requirements, purposes, and intent of this chapter, the Division may promulgate such procedures and forms as are necessary to the effective administration and enforcement of the provisions of this chapter. Without limiting the foregoing, the land use administrator shall:
1. Schedule hearings as required by this chapter;
2. Prepare agenda for such hearings;
3. Keep verbatim recordings of the proceedings of hearing by either stenographic, mechanical, or electronic means;
4. Maintain all of the following:
i. Permanent and current records of this chapter, including all maps; amendments; conditional use, development, subdivision plat and site plan approvals and denials; interpretations; and decisions rendered by the Authority, together with relevant background files and materials;
ii. Duplicate copies of all CLUCs, numbered sequentially and showing the fee charged therefor, issued or denied pursuant to this chapter, together with such portions of the applications therefor as necessary to the proper administration of this chapter;
iii. A current file of all certificates, permits, or authorizations issued pursuant to this chapter, and all notices of violation, discontinuance, or removal issued by the Division for such time as necessary to ensure continuous compliance with the provisions of this chapter;
iv. A current file of all use interpretations issued pursuant to this chapter;
v. Current maps locating all applications for amendment, site plan/subdivision approvals, conditional uses, planned developments, variances, and appeals and indicating the disposition thereof; and
vi. Permanent and current records of all Authority meetings and hearings and minutes and transcripts taken therein.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 3 - TOURISM DISTRICT LAND USE REGULATION AND ENFORCEMENT › Section 19:66-3.3 - Prohibition against improper influence

Current through Register Vol. 56, No. 14, July 15, 2024
A person shall not, with respect to any application made to the Authority, whether or not such application requires a decision by the Authority, attempt to contact any member of the Authority staff or of the Authority governing body in an effort to improperly influence them with respect to their decision regarding the subject application. This prohibition shall also apply to rulemaking. Any Authority personnel or member of the Authority governing body who has been contacted by an applicant (or related party) seeking to influence an application shall immediately report such contact to the General Counsel of the Authority, who shall take any necessary and appropriate action.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 3 - TOURISM DISTRICT LAND USE REGULATION AND ENFORCEMENT › Section 19:66-3.4 - Fees and escrow deposits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any application shall be accompanied by such fees as specified in the then current Escrow and Fee Schedule promulgated by resolution of the Authority, and the Authority shall be entitled to collect from the applicant such costs and fees of professionals, including engineers, planners, and attorneys as may be engaged by the Authority to address the application.
(b) A performance bond or letter of credit may be required for applications submitted and approved in an amount equal to an estimate of the site improvement costs, plus 10 percent. The cost estimate shall be signed and sealed by a New Jersey-licensed professional engineer and shall be subject to approval by the Authority. The security, which may be accepted by the Authority, includes, but is not limited to, surety bonds, letters of credit under the circumstances specified in section 16 of the MLUL, P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5), and cash.
(c) Whenever conditions are imposed on an approval, a deposit in escrow, or other performance guarantee satisfactory to the Authority and sufficient to meet the cost of implementing such conditions, may be imposed on the applicant. If such conditions are not implemented in accordance with the approval in which the conditions were imposed, the escrow deposit or performance guarantee may be utilized by the Authority to implement the conditions. If the cost of such implementation exceeds the amount in the escrow deposit or other acceptable performance guarantee, the amount in excess shall be assessed against the property upon which the conditions were placed, at the time of implementing the conditions, and a notice of lien upon the subject property shall be filed in the Office of the Atlantic County Clerk. If the cost of implementation is less than the escrow deposit, the Authority shall refund the difference to the applicant. If the applicant implements the conditions within the time period specified by the Authority, the escrow deposit shall be returned to the applicant.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 3 - TOURISM DISTRICT LAND USE REGULATION AND ENFORCEMENT › Section 19:66-3.5 - Powers of the Authority and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Authority shall apply the provisions of this chapter in furtherance of the Act, and shall accordingly exercise its power in regard to:
1. The preparation of the Master Plan;
2. Subdivision control and site plan review;
3. The official Tourism District Zoning Map;
4. The land use and zoning rules, including, conditional uses;
5. Variances, waivers, and exceptions in conjunction with subdivision, site plan and conditional use approval; and
6. Such other matters that rightly come to the Authority under this chapter.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 4 - DEVELOPMENT APPLICATION PROCEDURES › Section 19:66-4.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish the administrative procedures for the development, redevelopment, and management of properties in the Tourism District.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 4 - DEVELOPMENT APPLICATION PROCEDURES › Section 19:66-4.2 - Certificates of Land Use Compliance (CLUC)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless and until a CLUC is obtained from the Authority in accordance with the provisions of this chapter:
1. No construction, moving, remodeling, or reconstruction of any structure or addition thereto shall be commenced, except for building demolition and maintenance;
2. No use shall be commenced or changed;
3. No site work, including the improvement of land, site preparation, and the placement of fill, shall be commenced; and
4. No change in occupancy shall be permitted.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 4 - DEVELOPMENT APPLICATION PROCEDURES › Section 19:66-4.3 - Changes in occupancy--CLUC requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No structure, building, or addition thereto shall be occupied or used for any purpose; no vacant land shall be used for any purpose; no use of land, structure, or building shall be reoccupied or changed to any other permitted use; and no occupancy, except in the case of one- and two-family residential dwelling units, shall be changed, unless a CLUC shall first have been obtained from the land use regulation enforcement officer certifying that the proposed use or occupancy complies with the applicable provisions of this chapter.
(b) The Authority shall be notified of any change of property owner upon transfer of ownership. A change in property ownership shall not require new occupancy certification, unless a change in occupancy is proposed. In such cases, new CLUC, site plan, or subdivision approval from the Authority, as appropriate, shall be required.
(c) Any existing tenant having a valid CLUC issued by the Authority that proposes to change the tenant name only shall first obtain an amended CLUC from the Authority acknowledging the tenant name change, provided that the previously approved use and tenant leased area remain the same.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 4 - DEVELOPMENT APPLICATION PROCEDURES › Section 19:66-4.4 - Application for CLUC; administrative completeness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall promulgate applicable forms and checklists for the CLUC application submittal requirements.
(b) The submittal requirements promulgated by the Division may be waived by the Division upon written request in accordance with the following:
1. A request for a waiver shall specify the provision(s) from which the waiver is requested and the reason(s) for the request.
2. The land use administrator may grant waivers from the submittal requirements, in writing, upon finding that conformance with such requirements may be determined without the specific submittal(s).
3. Upon a substantive change of an application or unforeseen circumstance, the land use administrator reserves the right to require the submittal of a waived requirement when deemed necessary by the land use administrator to determine conformance with this chapter.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 4 - DEVELOPMENT APPLICATION PROCEDURES › Section 19:66-4.5 - Pre-application conference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any prospective applicant may meet informally with the Division for the purpose of presenting a concept for potential development, reviewing the Authority's requirements and approval process, or discussing questions or issues involving the potential development.
(b) Any statements or recommendations made by any representative of the Authority in the context of a pre-application conference shall be considered non-binding on the prospective applicant and the Authority, and shall confer no legal rights.
New Jersey Administrative Code › Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY › Chapter 66 - CASINO REINVESTMENT DEVELOPMENT AUTHORITY TOURISM DISTRICT LAND DEVELOPMENT RULES › Subchapter 4 - DEVELOPMENT APPLICATION PROCEDURES › Section 19:66-4.6 - Administrative review of fully conforming minor site plan and minor subdivision plat applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any application submission for minor site plan and/or minor subdivision approval that an applicant certifies as fully conforming to all administrative and technical provisions of the applicable site plan and subdivision plat approval checklists and this chapter without need for any exception, variance, or waiver shall be reviewed administratively (and without the need for a hearing under N.J.A.C. 19:66-14.1), by the land use administrator.
(b) An application shall be deemed complete or incomplete within 45 calendars days of submission. If the application is deemed incomplete, the land use administrator shall so notify the applicant and the 45-calendar day completeness review period shall be reset. If the application is deemed complete, the land use administrator shall so notify the applicant and forward the application submission to the Authority consulting engineer and planner for technical review.
(c) If the application is determined by the Authority's consulting engineer and planner to not be fully conforming to all administrative and technical provisions of the applicable site plan and subdivision approval checklists and this chapter without need for any exception, variance, or waiver, the land use administrator shall process the application as otherwise provided in this chapter.
(d) If the application is determined by the Authority's land use administrator, in consultation with the Authority's consulting engineer and planner to be fully conforming to all administrative and technical provisions of the applicable minor site plan and subdivision approval checklists, as the case may be, and this chapter without need for any exception, variance, or waiver, the land use administrator shall grant administrative approval of the application within 45 calendar days of the application being deemed complete. The land use administrator shall publish a Notice of Decision in a newspaper of general circulation within the City and on the Authority's website, which notice shall summarize the development proposal that is the subject of the application and the action taken by Authority thereon. Any person aggrieved by such action may file a notice of appeal of the action within 20 calendar days of the publication of the Notice of Decision as provided in the appeal procedures set forth at N.J.A.C. 19:66-14.3.