NEW JERSEY REGISTER
VOLUME 42, ISSUE 23
Issue Date: DECEMBER 6, 2010
RULE PROPOSALS
Law and Public Safety
Division of Consumer Affairs
STATE BOARD OF PROFESSIONAL PLANNERS

Proposed Readoption: N.J.A.C. 13:41

State Board of Professional Planners Rules

Authorized By: State Board of Professional Planners, Arthur Russo, Executive Director.
Authority: N.J.S.A. 45:14A-4 and 14A-11.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2010-295.
Submit comments by February 4, 2011 to:

   Arthur Russo, Executive Director
   State Board of Professional Planners
   124 Halsey Street
   P.O. Box 45016
   Newark, New Jersey 07101

The agency proposal follows:

Summary

The State Board of Professional Planners (the Board) is proposing to readopt N.J.A.C. 13:41 without amendments. Pursuant to Executive Order No. 66 (1978) and N.J.S.A. 52:14B-5.1, these rules are scheduled to expire on November 17, 2010. As the Board has filed the notice of proposed readoption with the Office of Administrative Law prior to that date, the expiration date is extended 180 days to May 16, 2011, pursuant to N.J.S.A. 52:14B-5.1c. In compliance with Executive Order 66 (1978), the Board undertook a thorough review of the existing provisions of N.J.A.C. 13:41 in order to delete unnecessary or unreasonable rules and to clarify existing provisions. The Board believes that the rules proposed for readoption, are necessary, reasonable, understandable and responsive to the purpose for which they were promulgated. The following is a summary of the subchapters of N.J.A.C. 13:41, which the Board proposes to readopt.

Subchapter 1 sets forth the rules governing the seal that every licensed professional planner must obtain and utilize. Specifically, N.J.A.C. 13:41-1.1 sets forth the requirement that every licensed professional planner must obtain a seal containing the planner's name, license number and the legend "licensed professional planner" in the design authorized by the Board. N.J.A.C. 13:41-1.2 contains the requirements regarding signing and dating documents, as well as the location and removal of a seal. N.J.A.C. 13:41-1.3 sets forth the requirements regarding sealing documents.

Subchapter 2 sets forth the rules governing misconduct. N.J.A.C. 13:41-2.1 provides examples of the numerous acts that constitute misconduct.

Subchapter 3 contains general provisions of the Board. N.J.A.C. 13:41-3.1 is reserved. N.J.A.C. 13:41-3.2 contains the fee schedule. N.J.A.C. 13:41-3.3 requires that only licensed professional planners may be employed in certain titles held by employees of the State or political subdivisions.

Subchapter 4 sets forth the permissible division of responsibility with respect to the submission of site plans and major subdivision plats. Specifically, N.J.A.C. 13:41-4.1 contains the general provisions concerning definitions and the preparation and submission of the various elements of a preliminary or final site plan or major subdivision plats. N.J.A.C. 13:41-4.2 provides the method and the means that existing conditions can be depicted on a site plan. The first method is by a survey, which must be prepared by a land surveyor and show existing conditions and exact location of physical features including metes and bounds, drainage, waterways, specific utility locations and easements. The survey would be submitted to the reviewing governmental body with the site plan submission. Other conditions, such as vegetation, general flood plain determination or general location of utilities, buildings or structures may be prepared by an architect, planner, engineer, land surveyor, certified landscape architects or other person acceptable to the reviewing governmental body. N.J.A.C. 13:41-4.3 provides the various aspects of site plans and the individuals who may prepare them. N.J.A.C. 13:41-4.4 provides the various aspects of major subdivision plans and the individuals who may prepare them. N.J.A.C. 13:41-4.5 sets forth the effect of local ordinances on the rule.

Subchapter 5 sets forth the requirements and procedures for applicants for licensure. N.J.A.C. 13:41-5.1 outlines the purpose of the subchapter. N.J.A.C. 13:41-5.2 provides definitions used throughout the subchapter. N.J.A.C. 13:41-5.3 sets forth the licensing requirements for professional planners. N.J.A.C. 13:41-5.4 sets forth the examination requirements for professional planners. N.J.A.C. 13:41-5.5 contains the procedure for license issuance, renewal, suspension and reinstatement.

The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to the provisions of N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the readoption of the existing rules will continue to protect the health, safety and welfare of the citizens of New Jersey by identifying those individuals who are qualified and legally authorized to engage in the practice of professional planning. The rules positively affect the regulated community by clarifying the varied aspects of the practice of professional planning for the benefit of all licensed practitioners and applicants for licensure. The readoption of N.J.A.C. 13:41 is essential in order for the Board to continue to regulate the practice of professional planners, to identify those individuals who are qualified to engage in the practice of professional planning and to ensure that every licensed practitioner is aware of the procedures involved with licensure in their professional practice. Accordingly, the Board believes that the rules proposed for readoption will have a positive impact upon the licensed community and the consumers they serve.

Economic Impact

The Board anticipates that the rule proposed for readoption will not impose any new or additional costs upon applicants for licensure, licensees or consumers. N.J.A.C. 13:41-1.1 will continue to impose an economic impact upon licensees because every licensed professional planner must obtain a seal containing the required information stipulated in the rule.

N.J.A.C. 13:41-3.2, which sets forth the Board's fee schedule, will continue to impose an economic impact upon licensees although the Board is not imposing any additional fees. The fee schedule sets forth the fees for application for a professional planner or a planner-in-training license, examination fees, initial license fee, biennial license fee and [page=2927] renewal, reinstatement fee, duplicate license, name change and duplicate wall certificate.

Subchapter 4, which divides the responsibility for the submission of site plans and major subdivision plats, will continue to have an economic impact on the professional planner's practice by prohibiting the licensee from performing specific work that the licensee may be competent to perform but is exempt based upon the rule and by statute. Any costs associated with the above, may be passed on to consumers as increased fees for services. However, the Board believes that any costs to consumers will be minimal and outweighed by the public benefit of ensuring proper conduct within the profession.

Subchapter 5, concerning the issuance, renewal and reinstatement of licenses, will continue to have an economic impact on applicants and licensees who are required to comply with these provisions and pay the required renewal and reinstatement fees. The Board believes that any economic impact experienced by applicants for licensure or licenses as a result of the rules proposed for readoption is significantly outweighed by the necessary consumer protection measures established by the rules in N.J.A.C. 13:41.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption are subject to State statutory requirements and are not subject to any Federal requirements.

Jobs Impact

The Board does not believe that the rules proposed for readoption will result in the generation or loss of jobs in New Jersey.

Agricultural Impact Statement

The rules proposed for readoption will not have an impact on the agricultural industry in the State.

Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act (Act), N.J.S.A. 52:14B-16 et seq., the 2,829 licensees of the Board are considered "small businesses," then the following analysis applies. The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the rules proposed for readoption. The Act further requires the Board to estimate the initial and annual compliance costs of the rules, to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements on small businesses. The rules proposed for readoption will continue to impose compliance requirements on licensees. More specifically, N.J.A.C. 13:41-1.1, requires that every licensed professional planner obtain a seal that contains the planner's name, license number and the legend "licensed professional planner" in the design authorized by the Board. N.J.A.C. 13:41-1.2 requires the planner to sign and date the document below the seal. The seal must be affixed on the first page of a report and on each drawing if submitted separately. In addition, the title block must be visibly legible on maps and drawings. The rule also prohibits the removal of a seal or title block from any print or reproduction. N.J.A.C. 13:41-1.3 sets forth the requirements that a licensee must comply with when sealing documents. More specifically, N.J.A.C. 13:41-1.3(a) provides that every document issued by a licensed professional planner must be signed and sealed, except that seals are not required on maps of existing land use, existing facilities or similar maps indicating the findings of surveys or studies in mapped form. N.J.A.C. 13:41-1.3(b) imposes recordkeeping and compliance requirements since the rule establishes that when multiple copies of a report are needed, the original copy must be sealed and all other copies must include a statement on the title page indicating that the original report was appropriately signed and sealed in accordance with law. In addition, N.J.A.C. 13:41-1.3(b) requires licensees to transmit an original sealed report to a client upon request. N.J.A.C. 13:41-1.3(c) imposes a compliance requirement because it requires licensees to sign and seal map prints, but not original tracings, when submitted as public documents. N.J.A.C. 13:41-2.1, which enumerates the prohibited acts of licensed professional planners, will continue to impose several reporting and compliance requirements upon licensees. More specifically, N.J.A.C. 13:41-2.1(a) sets forth examples of misconduct in the practice of professional planning, which may include disregarding the health, safety and welfare of the public in any way, such as preparing or signing and sealing documents that are not in conformity with accepted standards. The rule also prohibits using or approving the use of false, fraudulent or deceptive advertising; or charging for work not done or hours not spent. In addition, the rule also prohibits a licensee from engaging in any activity that creates a conflict of interest.

Except as noted above, the rules do not impose any other compliance, reporting or recordkeeping requirements. No additional professional services will be needed. The Board believes that because the requirements mentioned above and contained in the rules proposed for readoption are the minimum necessary for the protection of the public health, safety and welfare, all the rules in N.J.A.C. 13:41 must be uniformly applied. No exemption is therefore provided based on business size.

Smart Growth Impact

The Board does not anticipate that the rules proposed for readoption will have any impact on the achievement of smart growth or on implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Housing Affordability Impact

The rules proposed for readoption will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption concern the practice of professional planning in the State of New Jersey.

Smart Growth Development Impact

The rules proposed for readoption will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2 or within designated centers under the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption concern the practice of professional planning in the State of New Jersey.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:41.