5:92-9.1 Prioritizing vacant and developable sites
(a) Municipalities shall establish priorities for low and moderate income sites. Sites should be available, suitable, developable and approvable as defined in N.J.A.C. 5:92-1.3.
(b) All sites designated for low and moderate income housing shall receive approval for consistency review, as set forth in Section 208 of the Clean Water Act, 33 U.S.C. ยง 1251, et seq. prior to substantive certification. Where a site is denied consistency review, the municipality shall apply for an amendment to its Section 208 plan to incorporate the denied site.
(c) Agricultural lands within agricultural development areas identified pursuant to N.J.A.C. 2:76-1 and certified by the State Agriculture Development Committee that do not conform to the policies set forth in N.J.A.C. 5:92-8.2(b)2 may be excluded initially in establishing priorities for low and moderate income sites. Where no other sites are either appropriate and/or sufficient to accommodate fully the municipality's low and moderate income housing obligation, the municipality or the Council may request the respective county agriculture development board to establish priorities for the development of unrestricted land within the county's agricultural development area.