Legislation Details

File #: 25-1323   
Type: Resolution Status: Passed
File created: 12/19/2025 In control: Planning and Economic Development
On agenda: 12/29/2025 Final action: 12/29/2025
Enactment date: 12/29/2025 Enactment #: R-25-1293
Title: RESOLUTION ESTABLISHING THE PASSAIC COUNTY DEVELOPMENT REVIEW COMMITTEE - DEFINING ITS ROLE, AUTHORITY, PROCEDURES, AND DELEGATING REVIEW AUTHORITY IN ACCORDANCE WITH THE NEW JERSEY COUNTY PLANNING ACT AND THE MUNICIPAL LAND USE LAW.
Attachments: 1. Cover Page

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RESOLUTION ESTABLISHING THE PASSAIC COUNTY DEVELOPMENT REVIEW COMMITTEE - DEFINING ITS ROLE, AUTHORITY, PROCEDURES, AND DELEGATING REVIEW AUTHORITY IN ACCORDANCE WITH THE NEW JERSEY COUNTY PLANNING ACT AND THE MUNICIPAL LAND USE LAW.

 

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WHEREAS, the County of Passaic recognizes the need for a formalized and transparent process for the review of subdivision and site plan applications that may impact County roads, drainage facilities, and infrastructure; and

 

WHEREAS, pursuant to the New Jersey County and Regional Planning Enabling Act (N.J.S.A. 40:27-1 et seq.), counties are authorized to establish procedures and standards for the review and approval of land development applications; and

 

WHEREAS, the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., further affirms the jurisdiction of County Planning Boards to review development applications that impact county roads, drainage facilities, and other county infrastructure; and

 

WHEREAS, the Passaic County Planning Board is authorized under the New Jersey County Planning Act, N.J.S.A. 40:27-6.8, to vest its powers to review and approve all subdivisions of land and site plans with the County Planning Director and a designated committee of members of the County Planning Board; and

 

WHEREAS, the Board of County Commissioners seeks to enhance the efficiency, transparency, and technical rigor of the County Planning Board review process by formally establishing a Development Review Committee (DRC) to assume primary responsibility for the review and approval of subdivision and site plan applications submitted pursuant to N.J.S.A. 40:27-6.2 through 6.6 and 6.8; and

 

NOW, THEREFORE, BE IT RESOLVED, by the Passaic County Board of County Commissioners that:

 

SECTION 1: Affirmation of the Development Review Committee (DRC)

The Board of County Commissioners hereby affirms the existence and continued operation of the Development Review Committee (DRC), as previously recognized in the Passaic County Site Plan and Subdivision resolutions and authorized under N.J.S.A. 40:27-6.8. This resolution formalizes the delegation of review and approval authority for subdivisions and site plans to the DRC, clarifying its structure, responsibilities, role, and meeting schedule.

 

SECTION 2: Purpose, Scope, and Responsibilities

The DRC shall serve as the primary body responsible for the technical review and final approval of all subdivision and site plan applications that fall under the jurisdiction of the County Planning Board, including those affecting county roads, drainage systems, and other county infrastructure, as defined in N.J.S.A. 40:27-6.2 and 6.6.

 

§                     The Purpose of the DRC is to:

1.                     Ensure compliance with the County Master Plan objectives, elements, transportation safety, and environmental sustainability.

2.                     Review all subdivision and site plan applications that may affect County roads, drainage facilities, or other County infrastructure.

3.                     Act as the approval authority for site plan and subdivision applications submitted to the Passaic County Planning Board regarding approvals, conditions, or denials.

 

§                     The DRC Responsibilities Shall Include:

1.                     Promoting safe and efficient transportation to the county roadway system.

2.                     Protecting County-owned structures and drainage systems.

3.                     Supporting orderly and desirable land use development.

 

SECTION 3: Composition and Membership

§                     The DRC shall consist of five voting members:

1.                     Commissioner and Alternate assigned by the County Commissioner Director

2.                     County Engineer

3.                     County Planning Director

4.                     County Planning Board Member

5.                     County Planning Board Member

 

§                     The DRC shall also consist of the following alternates:

1.                     Commissioner Alternate

2.                     Assistant County Engineer

3.                     Supervising Planner

4.                     County Planning Board Member

5.                     County Planning Board Member

 

The Passaic County Board of County Commissioners shall appoint all DRC members and alternates, except for the County Engineer and County Planning Director, pursuant to N.J.S.A. 40:27-1 et seq.

 

SECTION 4: Procedures and Operations

§                     This resolution shall serve as the formal instrument establishing the DRC.

1.                     The Passaic County Department of Planning shall oversee the implementation of this resolution, including scheduling meetings, maintaining records, and coordinating with applicants and their professionals.

2.                     Applications must be submitted to the County Planning Department with all required documentation. Planning Board staff will either approve or deny the application and notify the applicant within 30 days of submission.

3.                     After a DRC meeting, conditions for approval, final approval, or denial shall be documented and communicated to the applicant or their professionals within 10 business days.

 

Applicants shall be notified electronically and/or in writing of DRC decisions, recommendations, and any required conditions before final approval is granted.

 

SECTION 5: Meeting Schedule and Public Access

The DRC shall meet twice per month. All meetings shall be open to the public. The Planning Board, the applicant, and the applicant’s professionals shall be notified in advance of scheduled reviews.

 

SECTION 6: Jurisdiction and Legal Authority

The DRC shall exercise all powers granted under N.J.S.A. 40:27-6.2 through 6.8 and shall operate in accordance with the procedural and substantive requirements of the MLUL, N.J.S.A. 40:55D-1 et seq., including coordination with municipal planning boards and compliance with the NJ State Plan, State Agencies, and the Passaic County Master Plan.

SECTION 7: Review Powers and Responsibilities

§                     The DRC shall:

1.                     Review and act on all subdivision and site plan applications submitted to the County Planning Board.

2.                     Ensure compliance with county standards for access, drainage, traffic circulation, and environmental protection.

3.                     Recommend updates to the County Land Development Standards as needed.

4.                     Maintain records of all decisions and provide reports to the full Planning Board at regularly scheduled County Planning Board meetings.

 

§                     The DRC shall have the authority to:

1.                     Approve, conditionally approve, or deny application.

2.                     Approve or deny waiver requests.

3.                     Require mitigation measures, dedications, or developer contributions for infrastructure improvements.

4.                     Assess applications for compliance with County standards and N.J.S.A 40:27-6.2 and 6.6.

 

§                     Applications subject to review include:

1.                     All subdivisions, lot line adjustments, and lot consolidations.

2.                     Site plans adjacent to and/or front alongside County roadways, or impact County-owned structures, drainage facilities, or stormwater systems.

3.                     Projects in the County right-of-way, or that require slope, sight, shared driveway, or access management easement(s).

4.                     Development impacting the County Roadway System, Master Plan Right-of-Way, or County Map.

 

SECTION 8: Right-of-Way Standards and Master Plan Compliance

All subdivision and site plan applications shall be reviewed for compliance with both the existing County Right-of-Way and the planned Master Plan Right-of-Way as defined in the Passaic County Master Plan and Official Map. Where applicable, developers shall dedicate land to meet the Master Plan alignment, and all building setbacks, easements, and improvements shall be measured from the limits of the reserved right-of-way. The County Engineer shall determine the applicability of these standards and any required improvements.

 

§                     Reserved Right-of-Way:

1.                     For the purposes of this resolution, the “reserved right-of-way” shall refer to the future right-of-way width and alignment as designated in the Passaic County Master Plan and Official Map, regardless of the current extent of County ownership.

2.                     The reserved right-of-way ensures that sufficient land is set aside for future County roadway expansion or realignment as identified in the Master Plan.

 

SECTION 9: Site Plan Definition

For the purposes of this resolution, 'site plan' shall be interpreted as defined under N.J.S.A. 40:55D-7 of the Municipal Land Use Law and as further detailed in the Passaic County Land Development Standards. This includes all proposed development plans showing existing and proposed conditions, structures, access points, drainage, utilities, landscaping, and other features necessary for informed review and approval.

 

SECTION 10: Amendments and Appendices

The Board of County Commissioners may amend this Resolution. Supporting materials, including checklists, fee schedules, and design standards, shall be maintained in the Appendices to the Passaic County Land Development Standards.

 

SECTION 11: Transition of Review Authority

The authority to review and approve subdivision and site plan applications is hereby transferred from the full County Planning Board to the DRC, pursuant to N.J.S.A. 40:27-6.8.

 

BE IT FURTHER RESOLVED, this Resolution shall take effect immediately upon adoption by the Passaic County Board of County Commissioners. It shall apply to all applications submitted thereafter and shall be transmitted to all relevant municipal planning boards and departments within the County of Passaic.

 

Summary of Key Changes

Section

Summary

Statutory Reference

Affirmation of DRC

Affirms DRC's existence and authority

N.J.S.A. 40:27-6.8

Purpose and Scope

Defines DRC's role and objectives

N.J.S.A. 40:27-6.2, 6.6

Composition and Membership

Lists voting members and the appointment process

 

Procedures and Operations

Outlines the application process and coordination

 

Meeting Schedule and Public Access

Sets meeting frequency and public access

 

Authority and Review

Details jurisdiction and review powers

N.J.S.A. 40:55D-1 et seq.

Amendments and Appendix

Allows future amendments and supporting materials

 

Transition of Review Authority

Transfers review authority from the Planning Board to DRC

N.J.S.A. 40:27-6.8

Effective Date

Resolution effective upon adoption

 

 

NOW THEREFORE BE IT FURTHER RESOLVED, the establishment of the Development Review Committee is conditioned upon the Board of County Commissioners of the County of Passaic amending its By-Laws and the Administrative Code to reflect the addition of the within named Development Review Committee

 

JDP                                                                                                                                                                                                                  December 29, 2025