ASSEMBLY, No. 4280

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED NOVEMBER 30, 2009

 


 

Sponsored by:

Assemblyman  JERRY GREEN

District 22 (Middlesex, Somerset and Union)

Assemblyman  FREDERICK SCALERA

District 36 (Bergen, Essex and Passaic)

 

 

 

 

SYNOPSIS

     Modifies rule governing decisions under the “Municipal Land Use Law”; requires economic impact analysis by EDA.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the review and approval of applications for development, requiring an economic impact analysis, and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).

 

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

 

     1.  Notwithstanding any provision of law to the contrary, those development regulations which are in effect on the date of submission of an application for development shall govern the review of that application for development and any decision made with regard to that application for development.  Any provisions of an ordinance, except those necessary for the protection of health and public safety, that are adopted subsequent to the date of submission of an application for development, shall not be applicable to that application for development.

 

     2.  The New Jersey Economic Development Authority, within one year following the effective date of this act and in consultation with the Department of the Treasury and the Department of Community Affairs, shall issue a report to the Governor and the Legislature pursuant to the requirements section 2 of P.L.1991, c.164 (C.52:14-19.1), assessing the likely economic effects of the requirements of section 1 of P.L.    , c.    (C.      ) (pending before the Legislature as this bill) on all private sector construction activity in New Jersey.

 

     3.  This act shall take effect immediately, except that section 1 shall remain inoperative until the first day of the thirteenth month next following enactment.

 

 

STATEMENT

 

     This bill would override the principle that governs decisions under the “Municipal Land Use Law,” N.J.S.A.40:55D-1 et seq., commonly referred to as the “time of decision rule,” by providing that development regulations that are in effect on the date an application for development is submitted for review will govern the review of that application for development and any decision made with regard to that application for development.  The bill also provides that any provisions of an ordinance, except those necessary for the protection of public health and public safety, that are adopted after the date an application for development is submitted, would not be applicable to that application for development.

     Under current law, applicants are subject to changes to State laws and regulations and to municipal ordinances that are made after the application has been filed, and even after a building permit has been issued, as long as the applicant has not substantially relied on the permit.  Application of this rule sometimes causes inequitable results, such as when an applicant has expended considerable amounts of money for professional services and documentation that become unusable after the ordinance has been amended.  While effectively prohibiting municipalities from responding to an application for development by changing the law to frustrate that application, the bill recognizes that ordinance changes necessary for the protection of public health and public safety would apply to pending applications.

     The bill would require the New Jersey Economic Development Authority, within one year of the effective date of the bill and in consultation with the Department of the Treasury and the Department of Community Affairs, to issue a report to the Governor and the Legislature assessing the likely economic effects of the change to the "time of decision rule" on all private sector construction activity in New Jersey.