N.J. Admin. Code § 15:30-7.13 - Consistency review

(a) Within 45 days of receipt of items submitted pursuant to N.J.A.C. 15:30-7.12, relevant Federal, State, and regional agencies shall provide comments regarding consistency of the petition to the Executive Director.

(b) Within 90 days of receipt of items submitted pursuant to N.J.A.C. 15:30-7.12, the Office of Planning Advocacy, in consultation with the relevant Federal, State, and regional agencies, shall conduct a review of the plan for consistency with the goals, policies, and strategies of the State Plan, which shall conclude with issuance of a consistency review report to the petitioner.

(c) In conducting the consistency review, consideration will be given to the ability of the submitted plan to achieve the targets and indicators contained in the State Plan and Plan Endorsement Guidelines that are applicable to the petitioner; the extent to which the activities listed to be undertaken in each planning area can or will achieve consistency with the State Plan goals and implement Statewide sound planning policies, taking into account relevant State agency policies, rules, and regulations, and whether the plan is based on current information and data. Consistency will be evaluated based on all the provisions of the State Plan with particular emphasis on the following provisions:

1. The Statewide goals, policies and strategies;

2. The policies that apply to all planning areas;

3. The intentions for each relevant planning area;

4. The policy objectives for each relevant planning area;

5. If any change to a planning area boundary is proposed, the delineation criteria, intent and policy objectives for each planning area impacted by any boundary change;

6. The delineation criteria and intent for critical environmental sites, areas vulnerable to flooding and climate change-related hazards, and with special consideration of equity and environmental justice issues;

7. If there is a designated center or a center is proposed for designation, the policies for centers, including the center design policies, and environs; and

8. If a center is proposed to be designated or a change to the boundary of a designated center is proposed, the criteria for designating the type of center that is proposed to be designated or modified.

(d) A consistent municipal plan shall contain the following:

1. The submissions required pursuant to N.J.A.C. 15:30-7.12;

2. The following mandatory planning documents, as further outlined in the plan endorsement guidelines and related support materials:

i. A sustainability statement;

ii. A land use element;

iii. A land use inventory or map;

iv. A zoning ordinance, schedule or map;

v. Redevelopment or rehabilitation plans adopted or proposed pursuant to the local redevelopment and housing law;

vi. Documents detailing recent or upcoming major developments as defined by the MLUL;

vii. A housing element;

viii. A petition for substantive certification filed with the court, compliance with a court-ordered housing plan, or satisfactorily evidence of adequate affordable housing accommodations;

ix. A fair share plan and implementing documents/ordinances;

x. A conservation plan and natural resource protection ordinances, including:

(1) Water conservation;

(2) Wellhead protection;

(3) Stream corridor protection;

(4) Floodplain protection;

(5) Stormwater protection;

(6) Forest and street tree protection;

(7) Community tree save, landscaping limits;

(8) Steep slope protection; and

(9) Recycling;

xi. A natural resource inventory;

xii. An environmental justice and social equity action plan;

xiii. A climate action plan that addresses mitigation and resiliency;

xiv. A greenhouse gas emissions reduction action plan and implementing ordinances;

xv. A Master Plan Circulation Element and Complete Streets Policy and implementation plan;

xvi. A wastewater management plan;

xvii. A municipal stormwater management plan/MS4 Permit in compliance;

xviii. A capital improvement program;

xix. A community facilities plan, inventory, and map;

xx. An open space and recreation plan;

xxi. A recycling statement of consistency;

xxii. Incorporation of hazard mitigation measures into relevant planning documents;

xxiii. A letter from the municipal police chief or State Police Superintendent approving the local emergency operating plan; and

xxiv. A board of education five-year facilities plan, if one exists; and

3. The following conditional items, as outlined in the plan endorsement guidelines, which may be required depending on local circumstances;

i. A utility service plan;

ii. A flood control plan;

iii. A water supply plan;

iv. A recreation and open space inventory;

v. An economic development plan;

vi. An agricultural retention plan/farmland preservation plan, agricultural advisory committee, right-to-farm ordinance, and implementation program;

vii. A historic and cultural resources inventory, historic preservation plan, and implementation documents and mechanisms;

viii. A sustainability element; and

ix. Any additional requirements that are agreed upon between petitioner and the Executive Director, in consultation with the relevant State agencies;

(e) During the consistency review period, the Office of Planning Advocacy, at the discretion of the Executive Director, may hold a public hearing in an appropriate jurisdiction to receive testimony on the petition. The Office of Planning Advocacy shall hold a public hearing in an appropriate jurisdiction to receive public comment on the petition if the Executive Director receives a written request for such a hearing within 10 days of posting notice pursuant to N.J.A.C. 15:30-7.12 from:

1. The petitioner;

2. The governing body of a municipality or county, which is not the petitioner; or

3. A total of at least 10 written requests from other governmental agencies, advocacy groups or individuals with a demonstrated interest in the petition.

Notes

N.J. Admin. Code § 15:30-7.13

Amended and Recodified from 5:85-7.13 by 56 N.J.R. 41(b), effective 1/2/2024