New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 47 - NEIGHBORHOOD REVITALIZATION STATE TAX CREDIT
Subchapter 3 - NEIGHBORHOOD REVITALIZATION PLAN
Section 5:47-3.5 - Plans already completed or underway as of March 15, 2004

Universal Citation: NJ Admin Code 5:47-3.5

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Some eligible nonprofit organizations have already completed neighborhood revitalization plans for eligible neighborhoods prior to March 15, 2004, or have initiated such plans and made substantial progress toward their completion. It is the intent of this section of these rules to permit such plans to obtain approval from the Department, where they are generally consistent in intent and scope with these rules, without imposing undue hardship on eligible organizations or requiring them to duplicate activities previously carried out.

(b) Process. If the following information is not contained in the plan, the applicant shall attach a report describing the manner in which the plan was developed or is being developed, including, but not limited to:

1. The means used or being used to inform residents, property owners and businesses of the plan, and the manner in which they were provided with an opportunity to comment on it;

2. The manner in which notice was provided or is being provided to the municipality or municipalities in which the neighborhood is located; and

3. The manner in which the nonprofit organization submitting the plan consulted with or is consulting with other organizations located in the neighborhood or providing services to residents of the neighborhood.

(c) Scope. If the plan, as prepared, is organized differently from the scope of a neighborhood revitalization plan as set forth in 5:47-3.4, the applicant shall attach a report showing how the plan contains, in substance, information that is comparable in scope.

(d) Consistency with other plans. If not contained within the plan, the applicant shall append to the plan a description of any official plans governing the neighborhood, in particular redevelopment plans adopted pursuant to the Local Redevelopment and Housing Law, P.L. 1992, c.79 (40A:12A-1 et seq.) and currently being implemented; or any State-approved neighborhood empowerment plan pursuant to section 49 of P.L. 1996, c. 62 (55:19-64) , and appropriate documentation to show that the proposed neighborhood preservation and revitalization plan is not inconsistent with those plans. If the municipality asserts that the plan is inconsistent with existing plans, the entity submitting the plan shall be permitted to submit evidence to the contrary for the Department's review.

(e) The Department shall approve a plan already completed or underway as of March 15, 2004 where it finds that the neighborhood for which it was prepared is an eligible neighborhood and that, based on the plan and any supplemental reports as set forth in this section, the scope of the plan and the process by which it was developed are generally consistent with the intent and language of P.L. 2001, c. 415 (52:27D-490 et seq.). Where the scope of the plan is lacking in one or more elements that, as a result, render it inadequate as a basis for one or more projects as set forth in these rules, the Department may require the applicant to supplement the plan with such elements as may be necessary as a condition of approval of the plan.

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