ASSEMBLY, No. 3272







Sponsored by:

Assemblyman  JOHN F. MCKEON

District 27 (Essex)

Assemblywoman  PAMELA R. LAMPITT

District 6 (Camden)

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)


District 31 (Hudson)


Co-Sponsored by:

Assemblymen Coughlin, Rudder, Assemblywoman Coyle and Assemblyman Scalera






     Allows municipalities to reexamine municipal master plan every 10 years; allows built out municipalities to waive reexamination.



     As introduced.


An Act concerning municipal land use planning, and amending and supplementing the "Municipal Land Use Law," P.L.1975, c.291.


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


     1.    Section 76 of P.L.1975, c.291 (C.40:55D-89) as amended to read as follows:

     76.  Periodic examination.  The governing body shall, at least every [six] 10 years, provide for a general reexamination of its master plan and development regulations by the planning board, which shall prepare and adopt by resolution a report on the findings of such reexamination, a copy of which report and resolution shall be sent to the county planning board.  A notice that the report and resolution have been prepared shall be sent to the municipal clerk of each adjoining municipality, who may, on behalf of the governing body of the municipality, request a copy of the report and resolution.  A reexamination shall be completed at least once every [six] 10 years from the previous reexamination, unless a municipality waives the general reexamination requirement, as provided in section 3 of P.L.   , c.   (C.    ) (pending before the Legislature as this bill).

     The reexamination report shall state:

     a.     The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.

     b.    The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

     c.     The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.

     d.    The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.

     e.     The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.

(cf: P.L.2001, c.342, s.9)


     2.    Section 19 of P.L.1985, c.516 (C.40:55D-89.1) is amended to read as follows:

     19.  The absence of the adoption by the planning board of a reexamination report pursuant to section 76 of P.L. 1975, c. 291 (C. 40:55D-89) shall constitute a rebuttable presumption that the municipal development regulations are no longer reasonable. This section shall not apply to a municipality that has timely adopted a waiver of the general reexamination report pursuant to the provisions of section 3 of P.L.  , c.   (C.    ) (pending before the Legislature as this bill).

(cf: P.L.1985, c.516, s.19)


     3.    (New section) a.  A municipality may adopt a resolution of waiver of general reexamination report if the State Planning Commission determines that the municipality is built out and that there have been no significant changes in development and other measurable characteristics of a municipality since the most recent general reexamination by the planning board of that municipality.

     b.    A municipality may request a determination that it is built out and that there have been no other significant changes from the State Planning Commission.  Upon receipt of a request from a municipality, the State Planning Commission shall issue a determination within 60 days and communicate the determination to the planning board of the municipality.

     c.     Upon receipt of a determination, the planning board may adopt a resolution to waive the general reexamination and reexamination report.  The clerk of a municipality in which the planning board has adopted a resolution of waiver shall notify, in writing, the county planning board and adjoining municipalities of the resolution.

     d.    The State Planning Commission shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning determination of a built-out municipality.

     For purposes of this section, "built-out" means a municipality that does not contain a significant parcels, whether or not vacant, that currently have the capacity to be developed or redeveloped for additional use of the underlying land.


     4.    This act shall take effect immediately.



     This bill modifies the "Municipal Land Use Law," N.J.S.A.40:55D-1 et seq., to provide that municipalities need to complete the reexamination of the municipal master plan only every ten years.  The legislation would also provide a procedure for built-out municipalities to waive the general reexamination process.

     This legislation would save built out municipalities from having to perform a general reexamination report every six years.  In many cases, all the developable property in a municipality is being used at its highest capacity and amendment of the municipal master plan is unfeasible, thereby rendering the reexamination an unnecessary burden. Under this bill, if the State Planning Commission determines that a municipality is built-out, the municipality would be able to waive the general reexamination process.