5:95-6.5 Substantive certification
(a) Upon review of the Housing Element and Fair Share Plan that responds to a mediation report pursuant to N.J.A.C. 5:95-7 or an initial decision from OAL pursuant to N.J.A.C. 5:95-9, the Council shall issue substantive certification if:
1. The municipality's proposed Housing Element and Fair Share Plan comply with this chapter and N.J.A.C. 5:94;
2. The Housing Element and Fair Share Plan is not inconsistent with the achievement of the low-and moderate-income housing need of its region as adjusted pursuant to this chapter and N.J.A.C. 5:94; and
3. The combination of the elimination of unnecessary housing cost-generating features from the municipal land use ordinances and regulations and affirmative measures in the Housing Element and Fair Share Plan make the achievement of the municipality's fair share of low-and moderate-income housing realistically possible after allowing for the implementation of any regional contribution agreement approved by the Council.
(b) If the Council determines that the Housing Element and Fair Share Plan do not meet the criteria for the grant of substantive certification, the Council shall deny the petition for substantive certification or condition a grant of substantive certification upon specific changes in the Housing Element or Fair Share Plan. Any denial or conditional approval shall be in writing and shall set forth the reasons for the denial or the conditions for the approval. If, within 60 days of the Council's denial or conditional approval, the municipality submits changes satisfactory to the Council, the Council shall issue substantive certification.
(c) In conducting its review set forth in this section, the Council's Executive Director may meet with the municipality and any objector thereto.
(d) Within 45 days of the grant of substantive certification, the municipality shall adopt its Fair Share ordinances as approved by the Council. The Council's grant of certification shall be void and of no force and effect in the event that the municipality fails to timely adopt its Fair Share ordinances.