Rule Changes reflect 2008 LLA legislation
August 19, 2013 marks a GREEN Letter day for New Jersey Landscape Architects and the Garden State. A rulemaking petition revising the Site Plan Rule was officially accepted by the licensing boards of the land development professions. After the many years of failed attempts and incremental successes that led to this day, NJ LLAs now will have scope of practice regulations more on a par with our fellow professionals here and in other states (See the full text below). The petition will soon be published for public comment before being formally promulgated into rule. Many thanks to all our members and supporters who toiled in this garden in the past and continue to do so, today. The vision and persistence of NJASLA leadership has borne sweet fruit.
NEW JERSEY REGISTER
Copyright © 2013 by the New Jersey Office of Administrative Law
VOLUME 45, ISSUE 16
ISSUE DATE: AUGUST 19, 2013
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ARCHITECTS
NEW JERSEY STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
NEW JERSEY STATE BOARD OF PROFESSIONAL PLANNERS
45 N.J.R. 1971(a)
N.J.A.C. 13:27-7.3, 13:40-7.3, and 13:41-4.3
Notice of Final Action on Petition for Rulemaking
Preparation of Site Plan
Petitioner: New Jersey Chapter of the American Society of Landscape Architects
Take notice that on April 4, 2013, the New Jersey State Boards of Architects, Professional Engineers and Land Surveyors, and Professional Planners received a petition for rulemaking from Richard W. Gaeckle, Esq., counsel for petitioner, the New Jersey Chapter of the American Society of Landscape Architects (NJASLA), a professional organization that is a chapter of the American Society of Landscape Architects national organization. The petitioner requested an amendment to the current regulations at N.J.A.C. 13:27-7.3, 13:40-7.3, and 13:41-4.3, which comprise what is commonly and collectively known as the Site Plan Rule (Site Plan Rule). Under the current rule, only architects or engineers may locate proposed buildings and their relationship to the site and immediate environs on a site plan. The petitioner sought to have the Site Plan Rule amended to permit landscape architects to do this as well. Additionally, the petitioner sought a new rule permitting landscape architects, as well as architects and engineers, to include the grading of land and water forms, natural drainage and determination or related impacts, assessments, and problems of land disturbance including erosion and sedimentation, blight, or other hazards as part of the preparation of a site plan.
A notice acknowledging the Board’s receipt of the petition was filed with the Office of Administrative Law and was published in the New Jersey Register on May 6, 2013 at 45 N.J.R. 1190(b).
Take further notice that the State Board of Architects considered the petition for rulemaking at the open public session of its May 9, 2013 meeting, the State Board of Professional Engineers and Land Surveyors considered the petition at the open public session of its May 16, 2013 meeting, and the State Board of Professional Planners considered the petition at the open public session of its May 29, 2013 meeting. All three Boards determined that this matter should be referred for 90 days for further review and analysis of the issues raised by the petitioner. A notice of action on petition for rulemaking reflecting this determination was published on July 1, 2013 at 45 N.J.R. 1675(a).
Take further notice that the State Board of Architects considered the petition for rulemaking at the open public session of its July 11, 2013 meeting, the State Board of Professional Engineers and Land Surveyors considered the petition at the open public session of its July 18, 2013 meeting, and the State Board of Professional Planners considered the petition at the open public session of its July 24, 2013 meeting. All three Boards voted to grant the petition for rulemaking. The Boards agreed that the current Site Plan Rule is inconsistent with the landscape architects enabling statute as amended (P.L. 2008, c. 77) and that the Site Plan Rule should be amended to be consistent with the statute. A copy of this notice has been mailed to the petitioner consistent with the requirements of N.J.A.C. 1:30-4.2.