A4116

An Act concerning the education, certification and oversight of zoning enforcement officers and supplementing and amending P.L.1975, c.291.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. Commencing January 1 next following the first anniversary of the effective date of P.L. ,c. (C. ) (pending before the Legislature as this bill), no person shall be appointed or reappointed as a zoning enforcement officer unless that person holds a zoning enforcement officer certificate issued by the Department of Community Affairs pursuant to P.L. , c. (c. ) (pending before the Legislature as this bill).

b. As a condition of continued employment after January 1 next following the first anniversary of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a person serving as a zoning enforcement officer on that date shall have been issued a zoning enforcement officer certificate.

c. When a vacancy occurs in the position of zoning enforcement officer by reason of the departure of a certified zoning enforcement officer, the governing body or chief executive of a municipality, as appropriate, may appoint a person who does not hold a zoning enforcement officer certificate to serve as acting zoning enforcement officer for a period not to exceed one year from the date of the vacancy. Any person so appointed may, with the approval of the Commissioner of Community Affairs, be reappointed as acting zoning enforcement officer for one additional year following the termination of the temporary appointment. Time served as acting zoning enforcement officer may be credited toward the experience authorized as a substitute for the college education requirement set forth in section 2 of P.L. c. (C. ) (pending before the Legislature as this bill).

d. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), “zoning enforcement officer” means an administrative officer authorized to issue permits, certificates or authorizations pursuant to section 9 of P.L.1975, c.291 (C.40:55D-18).

2. (New section) a. The Commissioner of Community Affairs shall establish a certification program for zoning enforcement officers within six months of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. An applicant for a zoning enforcement officer certificate shall present to the commissioner a written application, on a form provided by the Department of Community Affairs, showing that the applicant is not less than 21 years of age, is a citizen of the United States, is of good moral character, has obtained a certificate or diploma issued after at least four years of study in an approved secondary school or has received an academic education considered and accepted by the Commissioner of Education of this State as fully equivalent, has completed the course of study in planning and zoning administration and enforcement required in subsection c. of this section, and has completed at least two years of education at a college of recognized standing. For purposes of this section, 30 college credits shall be considered equivalent to one year of college. The commissioner may allow an applicant who does not meet the two-year college requirement to substitute, on a year for year basis, full-time experience or the equivalent part-time experience in a position involving municipal land use, planning and zoning. The commissioner, by rule and regulation, may establish additional requirements for certification that the commissioner determines to be reasonable and appropriate to further the professionalism of the position of zoning enforcement officer. Each completed application shall be accompanied by a fee in the amount of $50 payable to the State Treasurer.

c. (1) A condition for issuance of a zoning enforcement officer certificate shall include satisfactory completion of a course of study in planning and zoning administration and enforcement. The commissioner shall work in conjunction with the New Jersey Association of Planning and Zoning Administrators, the New Jersey Planning Officials, the New Jersey State League of Municipalities, and the Center for Government Services, Edward J. Bloustein School of Planning and Public Policy, at Rutgers, the State University in establishing standards for curriculum and administration of the course of study.

(2) The curriculum for this course of study shall include at least 40 hours of instruction designed to prepare an individual to perform the duties of a zoning enforcement officer, including coursework on:

(a) the technical knowledge and skills necessary for effective interpretation and enforcement of municipal zoning ordinances and applications for development;

(b) practical issues for the zoning enforcement officer, including enforcement actions, conducting site inspections and compliance options;

(d) the content and structure of zoning ordinances;

(e) site plan and subdivision review, including technical aspects of plan review, administrative processing requirements, planning and engineering terminology;

(f) ethical obligations; and

(g) record keeping and requirements for public access to records.

(3) The commissioner may determine the appropriate number of courses to best impart the desired curriculum. At the completion of each course, examinations shall be administered to each student enrolled to determine whether the student has attained a satisfactory level of knowledge of the course material.

(4) The commissioner may allow credit for coursework completed prior to the effective date of this act if the commissioner determines that the coursework was substantially similar to that required pursuant to regulations adopted pursuant to this section and that the applicant can demonstrate to the commissioner’s satisfaction satisfactory completion of the coursework.

d. Within 30 days of receipt of a complete application for certification, the commissioner shall provide the applicant with a zoning enforcement officer certificate, valid for a period of three years from the date of issuance, or a letter specifying the basis for refusing to issue a certificate.

3. (New section) a. The Commissioner of Community Affairs shall maintain a registry of zoning enforcement officer certificate holders and make access to the registry available on the Department of Community Affairs website. Within 60 days of the effective date of this act, the commissioner shall survey each municipality for the name of any person serving as zoning enforcement officer in the municipality. The registry shall be constructed so that it may be searched by either the name of a certificate holder or the name of the employing municipality.

b. Commencing 30 days after the effective date of this act, no person shall accept an appointment or reappointment as a zoning enforcement officer without first notifying the commissioner of the appointment or reappointment. If the prospective appointee serves as a zoning enforcement officer in any other municipality or also serves as a construction official or subcode official in the appointing municipality or in any other municipality, the appointee shall notify the commissioner of the terms, conditions and duties associated with each appointment.

c. The commissioner shall analyze the submitted information, may request additional detail, shall investigate, and may determine that an individual is unable to fulfill the terms, conditions and duties of the multiple employments. The commissioner may enter into discussions and agreements with the employing municipalities and the individual in order to ensure that the employment of a zoning enforcement officer does not result in understaffing in a municipality due to competing obligations of the individual.

d. A zoning enforcement officer certificate may be revoked or suspended by the commissioner for dishonest practices, or willful or intentional failure, neglect or refusal to comply with the Constitution of the State of New Jersey or laws relating to the duties of the zoning enforcement officer, or other good cause. The governing body or chief executive officer of any municipality, or any aggrieved individual, may request a review by the commissioner of the practices of a zoning enforcement officer. The commissioner may also initiate a review of the behavior or practices of a zoning enforcement officer if the commissioner finds it advisable to do so through the normal exercise of the commissioner’s statutory duties and responsibilities. No zoning enforcement officer certificate shall be revoked or suspended except upon a proper hearing before the commissioner or her designee after due notice. If a zoning enforcement officer certificate shall be revoked, such person shall be removed from office by the commissioner, the office shall be declared vacant, and the person shall not be eligible to hold that office, nor may the person make application for recertification, for a period of five years from the date of the revocation.

4. (New section) The Commissioner of Community Affairs shall issue an endorsement renewing a zoning enforcement officer certificate within 30 days of receipt of a complete application for renewal, a $50 fee payable to the State Treasurer, and upon verification that the applicant has satisfactorily completed at least 10 hours of continuing education in subject areas related to the duties of zoning enforcement officer. The commissioner shall work in conjunction with the New Jersey Association of Planning and Zoning Administrators, the New Jersey Planning Officials, the New Jersey State League of Municipalities and the Center for Government Services, Edward J. Bloustein School of Planning and Public Policy, at Rutgers, the State University in establishing acceptable continuing education courses and in recognizing suitable course offerings that may be afforded continuing education credit. Each renewal endorsement shall be for a period of three years from the expiration date of the original certificate or most recent renewal endorsement.

5. (New section) The Commissioner of Community Affairs is authorized to adopt, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), such rules, regulations, forms and procedures as may be necessary to carry out the terms of this act.

6. (New section) Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed as requiring a municipal governing body to pay any of the costs an individual may incur in complying with the requirements for obtaining or renewing a zoning enforcement officer certificate; however, a municipal governing body, by resolution, may determine to reimburse an individual for all or any portion of the costs an individual may incur. For the purposes of this section, the term "costs" shall include but not be limited to the costs associated with course registration, application fees, transportation and leaves of absence.

7. Section 9 of P.L.1975, c.291 (C.40:55D-18) is amended to read as follows:

9. [Enforcement.] The governing body of a municipality shall enforce this act and any ordinance or regulation made and adopted hereunder. To that end, the governing body may require the issuance of specified permits, certificates or authorizations as a condition precedent to (1) the erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure, (2) the use or occupancy of any building, structure or land, and (3) the subdivision or resubdivision of any land; and shall establish an administrative officer and offices for the purpose of issuing such permits, certificates or authorizations; and may condition the issuance of such permits, certificates and authorizations upon the submission of such data, materials, plans, plats and information as is authorized hereunder and upon the express approval of the appropriate State, county or municipal agencies; and may establish reasonable fees to cover administrative costs for the issuance of such permits, certificates and authorizations. In addition to covering the administrative costs for the issuance of permits, certificates and authorizations, these fees may be used to defray the cost of satisfying the educational requirements for administrative officers established pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).

The administrative officer shall issue or deny a zoning permit within 10 business days of receipt of a request therefor. If the administrative officer fails to grant or deny a zoning permit within this period, the failure shall be deemed to be an approval of the application for the zoning permit. In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.

(cf: P.L.2001, c.49, s.1)

8. This act shall take effect immediately.

STATEMENT

This bill would professionalize the position of zoning enforcement officer by establishing a certification program for the position and by establishing State oversight over zoning enforcement officers. Currently, an individual may assume the position of zoning enforcement officer in a municipality without any background or experience. Recent news reports indicate that in some circumstances, individual zoning officers have made mistakes that result in costly delays for homeowners seeking to make improvements. News reports also indicate that, in some circumstances, individuals assume responsibilities in more than one municipality, resulting in potential conflicts which make it difficult or impossible for the individual to satisfactorily perform duties in the multiple employments. While understanding that such circumstances are the exception rather than the rule, by establishing minimum qualifications for employment as a zoning enforcement officer and by subjecting those seeking multiple employments to independent scrutiny and control, the municipalities and residents of this State will be better served.

Under the bill, after a transition period of at least one year, a person could not be appointed, reappointed, or continue to serve as a zoning enforcement officer, defined in the bill as a person authorized to issue permits, certificates or authorizations under the Municipal Land Use Law, unless that person has been issued a zoning enforcement officer certificate by the Department of Community Affairs.

The Commissioner of Community Affairs would be required to establish a certification program for zoning enforcement officers within six months of the effective date of the bill. The bill would establish minimum standards for applicants seeking certification, including: at least 21 years of age, United States citizenship, good moral character, and a high school diploma or its equivalent. An applicant for certification would also have to demonstrate completion of at least two years of education at a college of recognized standing, or in lieu thereof, relevant work experience, as well as completion of a course of study in planning and zoning administration and enforcement. The bill would also allow the commissioner to establish additional requirements for certification that the commissioner determines to be reasonable and appropriate to further the professionalism of the position of zoning enforcement officer.

The bill provides that the commissioner would establish standards for curriculum and administration of the course of study in planning and zoning administration and enforcement in conjunction with the New Jersey Association of Planning and Zoning Administrators, the New Jersey Planning Officials, the New Jersey State League of Municipalities and the Center for Government Services, Edward J. Bloustein School of Planning and Public Policy, at Rutgers, the State University.

Certification would require at least 40 hours of instruction designed to prepare an individual to perform the duties of a zoning enforcement officer, including coursework on:

the technical knowledge and skills necessary for effective interpretation and enforcement of municipal zoning ordinances and applications for development;

practical issues for the zoning enforcement officer, including enforcement actions, conducting site inspections and compliance options;

the Municipal Land Use Law;

the content and structure of zoning ordinances;

site plan and subdivision review, including technical aspects of plan review, administrative processing requirements, planning and engineering terminology;

ethical obligations; and

record keeping and requirements for public access to records.

At the completion of each course, examinations would be administered to determine if the student has attained a satisfactory level of knowledge.

Zoning enforcement officer certificates would be valid for three years from the date of issuance, and could be renewed for additional three-year periods if the applicant complies with continuing education requirements. Applicants for certificates and for renewals would pay a $50 fee.

The bill would also require the Commissioner of Community Affairs to maintain a registry of zoning enforcement officer certificate holders and make access to the registry available on the Department of Community Affairs website.

The bill would prohibit a person from accepting an appointment or reappointment as a zoning enforcement officer without first notifying the commissioner of the appointment or reappointment. If the prospective appointee serves as a zoning enforcement officer in any other municipality or also serves as a construction official or subcode official in the appointing municipality or in any other municipality, the appointee would be required to notify the commissioner of the terms, conditions and duties associated with each appointment.

The commissioner would be empowered to determine that an individual is unable to fulfill the terms, conditions and duties of the multiple employments. The commissioner would be authorized to enter into discussions and agreements with the employing municipalities and the individual in order to ensure that the employment of a zoning enforcement officer does not result in understaffing in a municipality due to competing obligations of the individual.

The bill would empower the commissioner to revoke or suspend a zoning enforcement officer certificate, after due notice and a proper hearing, if the holder thereof engaged in dishonest practices, or willful or intentional failure, neglect or refusal to comply with the Constitution of the State of New Jersey or laws relating to the duties of the zoning enforcement officer, or for other good cause. If a zoning enforcement officer certificate is revoked, the person would be removed from office by the commissioner, the office would be declared vacant, and the person would not be eligible to hold that office, nor make application for recertification, for a period of five years from the date of the revocation.