New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 50 - PINELANDS COMPREHENSIVE MANAGEMENT PLAN
Subchapter 4 - DEVELOPMENT REVIEW
Part I - UNIFORM PROCEDURES
Section 7:50-4.3 - Commission hearing procedures
Universal Citation: NJ Admin Code 7:50-4.3
Current through Register Vol. 56, No. 24, December 18, 2024
(a) Applicability: The procedures set out in this section shall be applicable, except to the extent that they are specifically modified by other provisions of this Plan with respect to particular subject matters, to all public hearings held pursuant to this Plan.
(b) Notice of public hearing.
1. Content: All notices of
public hearings shall include:
i. The time and
place of hearing;
ii. The authority
pursuant to which the hearing is held;
iii. The name and address of the
applicant;
iv. A brief description
of the subject matter to be considered at the hearing;
v. A statement that the application and
supporting materials are available for public inspection and copying at the
principal offices of the Commission; and
vi. A statement that any person may at such
public hearing speak or submit a written statement.
2. Persons entitled to notice:
i. Notice of public hearings shall be given
by the Commission:
(1) By sending a copy of
the notice to the applicant;
(2) By
sending a copy of the notice, by mail to any person, organization or agency
which has previously filed with the Commission a written request, together with
an annual fee in an amount to be determined from time to time by the Commission
to cover the actual cost of such notice.
(3) If the public hearing involves
certification of a municipal master plan or land use ordinance, by posting the
notice on the Commission's website, publication of the notice in an official
newspaper of the Commission having general circulation in the area, and sending
a copy of the notice, by mail, to the municipal clerk and the planning board
secretary of the municipality seeking certification, the municipal clerk and
planning board secretary of each Pinelands municipality bordering the
municipality seeking certification and the county clerk and the county planning
board secretary of the county in which the municipality seeking certification
is located and of the adjacent county if the municipality borders another
county.
(4) If the public hearing
involves certification of a county master plan or regulations, by posting the
notice on the Commission's website, publication of the notice in an official
newspaper of the Commission having general circulation in the area, and sending
a copy of the notice, by mail, to the clerk and the planning board secretary of
the county seeking certification, each Pinelands municipality in the county
seeking certification and each Pinelands county bordering the county seeking
certification.
(5) If the public
hearing involves an application for a Waiver of Strict Compliance submitted
pursuant to
N.J.A.C.
7:50-4.64(a)1, by sending a
copy of the notice, by mail, to the applicant and the secretary of the county
and municipal planning board and environmental commission, if any, with
jurisdiction over the parcel on which development is proposed. In addition, a
copy of the notice shall be posted on the Commission's website and published in
an official newspaper of the Commission having general circulation in the
area.
(6) If the public hearing
involves an amendment proposed by the Commission pursuant to N.J.A.C. 7:50-7,
by sending a copy of the notice, by mail, to the mayor of each Pinelands
municipality and to the freeholder director and county executive of each
Pinelands county. In addition, a copy of the notice shall be published in all
the official newspapers of the Pinelands Commission and posted on the
Commission's website.
(7) If the
public hearing involves an inter-governmental memorandum of agreement pursuant
to
N.J.A.C.
7:50-4.52, by sending a copy of the notice,
by mail, to the mayor of each Pinelands municipality and the freeholder
director and county executive of each Pinelands county that may be directly
affected by the memorandum of agreement under consideration. In addition, a
copy of the notice shall be published in those official newspapers of the
Pinelands Commission having general circulation in the area that may be
directly affected by the memorandum of agreement and posted on the Commission's
website.
(8) If the public hearing
involves a resource extraction issue arising pursuant to
N.J.A.C.
7:50-6.64(a), by sending a
copy of the notice, by mail, to the local permitting agency and the resource
extraction operator.
(9) If the
public hearing involves a comprehensive plan submitted to the Commission
pursuant to
N.J.A.C.
7:50-5.4(c)6, by sending a
copy of the notice and the comprehensive plan, by mail, to the mayor of each
Pinelands municipality and the freeholder director and county executive, if
any, of each Pinelands county. In addition, a copy of the notice shall be
published in all the official newspapers of the Commission and posted on the
Commission's website.
ii. Notice of public hearings shall be given
by the applicant:
(1) If the public hearing
relates to an application for development approval or an application for
designation pursuant to
N.J.A.C.
7:50-6.154, by sending a copy of the notice
by certified mail to each owner of record, if different from the applicant, of
any land on which development or designation is proposed;
(2) If the public hearing relates to an
application for development approval, by sending a copy of the notice, by mail,
to:
(A) The secretary of the county and
municipal planning board and environmental commission, if any, with
jurisdiction over the parcel on which development has been proposed;
and
(B) Any landowners within 200
feet of any border of the parcel proposed for development; and
(3) By publication of a copy of
the notice, at least once, in a newspaper having general circulation in the
area.
(4) By conspicuous posting on
any parcel proposed for development or proposed for designation pursuant to
N.J.A.C.
7:50-6.154.
3. Time of notice: All notices required by
(b)2 shall be published, posted or mailed at least 10 days in advance of the
hearing.
4. Notice to be given by
applicant: The applicant shall file with the Executive Director, no less than
seven days prior to the hearing for which notice was given, an affidavit that
the requirements of (b)2ii have been satisfied.
(c) Duty of Commission staff:
1. Presentation of information: At the
hearing the Commission staff shall present information concerning pertinent
application considerations and the standards set out in this Plan. The
Commission staff shall have the right to participate fully in the hearing
process and shall act as an advocate for a full and complete record upon which
an informed decision can be made.
2. Statement of pertinent considerations: The
Commission staff shall state at the outset of the hearing which considerations
and required findings it considers pertinent to the application and shall
briefly outline the information it intends to present.
3. Production of additional information: Upon
a sufficient showing by any person made at any time during the hearing, or on
his own motion, the Executive Director may order the Commission staff to
produce any additional information with respect to any of the required
findings.
(d) Conduct of the hearing:
1. Submission of information:
Any person may appear at a public hearing and submit information or written
materials, either individually or as a representative of an organization. Each
person who appears at a public hearing or who submits written materials shall
identify himself and his address and state the name and mailing address of any
organization he represents. The Executive Director may exclude information that
he finds to be irrelevant, immaterial or unduly repetitious.
2. Continuance by Executive Director: The
Executive Director may continue the hearing to a fixed date, time and place.
Unless such continuance is publicly announced at a properly noticed and
convened hearing, the Executive Director shall cause notice to be given to all
persons originally entitled to notice of the date, time and place of such
continued hearing in the same manner as specified in (b) above.
3. Record of hearing:
i. The Executive Director shall assure that
the proceedings are recorded by any appropriate means and such record of
proceedings shall be transcribed at the request of any person upon application
to the Executive Director and payment of a fee to cover the cost of
transcription, or on order of the Executive Director. If a sound recording is
made, any person shall be entitled to listen to the recording at any reasonable
time or to make copies at his own expense.
ii. The record of proceedings shall consist
of the transcript of testimony, if ordered; all applications, exhibits and
papers submitted in any proceeding with respect to the matter being considered;
and the summary and report or reports of the Executive Director.
iii. All summaries and reports of the
Executive Director shall be public records, open to inspection at a reasonable
time and upon reasonable notice.
(e) Content and service of decision of Executive Director or Commission:
1. All
decisions and orders of the Executive Director or the Commission, and all
recommendations of the Executive Director to the Commission, shall be in
writing and shall include findings of fact, shall refer to the information in
the record upon which such decision or order is based, shall specify the reason
or reasons for such decision, and shall contain a conclusion or statement
separate from the findings of fact which shall set forth any recommendation or
final approval, conditional approval, or denial of the application being
considered.
2. Except as provided
in N.J.A.C. 7:50-4 for letters of interpretation, notice of all decisions and
orders of the Executive Director or the Commission shall be mailed to:
i. The applicant;
ii. Any person, organization or agency which
has previously filed with the Commission a written request, together with an
annual fee in an amount to be determined from time to time by the Commission to
cover the actual cost of said notice;
iii. The secretary of the county and
municipal planning board and environmental commission, if any, with
jurisdiction over the property which was the subject of the decision or
order;
iv. Any other person who has
demonstrated an interest in the proceeding.
3. All decisions and orders of the Executive
Director or the Commission shall be considered rendered three days after notice
of such decisions and orders has been deposited in the mail addressed to those
persons identified in (e)2 above. For purposes of computing the three-day
period, the date of deposition of the notice in the mail shall not be
included.
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