ASSEMBLY, No. 17
STATE OF NEW JERSEY
INTRODUCED OCTOBER 21, 1996
By Assemblymen GREGG, BLEE, Kelly, Bucco and Felice
An Act promoting citizen friendly local government practices concerning municipal review of certain minor subdivision applications and amending 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. This act shall be known and may be cited as the "Local Government Citizen Friendly Practices Act."
2. Section 3.2 of P.L.1975, c.291 (C.40:55D-5) is amended to read as follows:
3.2. "Maintenance guarantee" means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.
"Major subdivision" means any subdivision not classified as a minor subdivision.
"Master plan" means a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to section 19 of P.L.1975, c.291 (C.40:55D-28).
"Mayor" means the chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the "municipal manager" but shall mean the mayor of such municipality.
"Minor property line adjustment" means the shifting of a property boundary line between no more than two contiguous parcels of land, which shift will affect less than 10 percent of the total square footage of either parcel, and will not involve any improvements or development to either parcel.
"Minor site plan" means a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42); and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
"Minor subdivision" means a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42). "Minor subdivision" shall include a "minor property line adjustment."
"Municipality" means any city, borough, town, township or village.
"Municipal agency" means a municipal planning board or board of adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this act.
"Nonconforming lot" means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
"Nonconforming structure" means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
"Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
"Official county map" means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to R.S.40:27-5. "Official map" means a map adopted by ordinance pursuant to article 5 of P.L.1975, c.291.
"Offsite" means located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.
"Off-tract" means not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
"Onsite" means located on the lot in question.
"On-tract" means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
"Open-space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land.
(cf: P.L.1991,c.256,s.1)
3. Section 4 of P.L.1975, c.291 (40:55D-8) is amended to read as follows:
4. a. Every municipal agency shall adopt and may amend reasonable rules and regulations, not inconsistent with this act or with any applicable ordinance, for the administration of its functions, powers and duties, and shall furnish a copy thereof to any person upon request and may charge a reasonable fee for such copy. Copies of all such rules and regulations and amendments thereto shall be maintained in the office of the administrative officer.
b. Fees to be charged (1) an applicant for review of an application for development by a municipal agency, and (2) an appellant pursuant to section 8 of this act shall be reasonable and shall be established by ordinance.
c. A municipality may by ordinance exempt, according to uniform standards, charitable, philanthropic, fraternal and religious nonprofit organizations holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C.501(c) or (d)) from the payment of any fee charged under this act.
d. A municipality shall exempt a board of education from the payment of any fee charged under this act.
e. A municipality may by ordinance exempt, according to uniform standards, a disabled person, or a parent or sibling of a disabled person, from the payment of any fee charged under this act in connection with any application for development which promotes accessibility to his own living unit.
For the purposes of this subsection, "disabled person" means a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this State who is disabled pursuant to the federal Social Security Act (42 U.S.C.416), or the federal Railroad Retirement Act of 1974 (45 U.S.C.231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Act. For purposes of this paragraph "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
f. Fees to be charged for the review of an application for a minor property line adjustment as defined in section 3.2 of P.L.1975, c.291 (C.40:55D-5) shall be no more than $50. No other fee shall be charged to a person seeking approval of a minor property line adjustment.
(cf: P.L.1996, c.92, s.2)
4. (New section) Approval of an application for development in which the applicant seeks a minor property line adjustment as defined in section 3.2 of P.L.1975, c.291 (C.40:55D-5) shall be governed by the provisions of section 35 of P.L.1975, c.291 (40:55D-47); except that any approval of a minor property line adjustment shall not be conditioned on the provision by the applicant of improvements pursuant to sections 29, 29.1, 29.2 and 41 of P.L.1975, c.291 (C.40:55D-38, C.40:55D-39, C.40:55D-40, and C.40:55D-53).
5. This act shall take effect 90 days next following enactment.
STATEMENT
This bill, entitled the "Local Government Citizen Friendly Practices Act," would require a municipality to routinely grant certain applications for minor property line adjustments without conditioning the approval upon the provisions of certain improvements as is required of bigger developments. The bill also specifies that a maximum fee amount of $50 may be charged by a municipality in its review of such an application.
"Minor property line adjustment" is defined in the bill to mean a shifting of a property boundary line between no more than two contiguous parcels of land, which change will affect less than 10 percent of the total square footage of either parcel, and will not involve any improvements or development to either parcel. An example of a minor property line adjustment would be the purchase by one neighbor of another neighbor's garden which is contiguous to the first neighbor's property.
The bill is intended to prevent overcharging and inflated costs for routine, minor land use changes involving no construction or alteration. Such land use applications currently are considered "minor subdivisions" under the law, and are required to comply with rules pertaining to larger developers of housing, including the payment of application review fees and in some cases, development fees. A municipality currently has the discretion, through its ordinance, to charge whatever it determines is a reasonable fee to the applicant. The bill would set a reasonable limit concerning these very minor land use applications.
Promotes citizen-friendly practices by local goverments concerning certain minor subdivision applications.