ASSEMBLY, No. 331
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen ARNONE, PASCRELL, Assemblywoman Myers
and Assemblyman Bagger
An Act concerning site improvement standards and amending P.L.1993, c.32.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1993, c.32 (C.40:55D-40.1) is amended to read as follows:
1. As used in this act:
"Board" means the Site Improvement Advisory Board established by this act;
"Commissioner" means the Commissioner of Community Affairs;
"Department" means the Department of Community Affairs;
"Engineering construction standards" means those technical standards which govern specifications for the construction of physical infrastructure in residential developments which shall include, but not be limited to, thickness of pavement and roadways, and underground utility construction but shall not include requirements for number or size of off-street parking spaces, width of streets, location of utilities or other structures, type of curbing, street grade, signs, street and site lighting, bikeways, sidewalks, or other requirements relating to the form, function, aesthetics, character or appearance of residential developments, and shall not intrude upon or supersede the zoning power as specified in article 8 of P.L.1975, c.291 (C.40:55D-62 through 40:55D-68.3); and
"Site improvement" means any engineering construction work on, or improvement in connection with, residential subdivision and site plan development[, and shall be limited to, streets, roads, parking facilities, sidewalks, drainage structures, and utilities].
(cf: P.L.1993, c.32, s.1)
2. Section 2 of P.L.1993, c.32 (C.40:55D-40.2) is amended to read as follows:
2. The Legislature hereby finds and declares that:
a. The multiplicity of engineering construction standards for [subdivisions and] site improvements that currently exists in this State increases the costs of housing without commensurate gains in the protection of the public health and safety;
b. It is in the public interest to avoid unnecessary cost in the construction process and uniform [site improvement standards] engineering construction standards for site improvements that are both sound and cost effective will advance this goal;
c. Adoption of uniform [site improvement] engineering construction standards for site improvements will satisfy the need to ensure predictability;
d. The public interest is best served by having [development] residential subdivision and site plan review based, to the greatest extent possible, upon sound, [objective site improvement] engineering construction standards rather than upon [discretionary] more subjective design standards;
e. The goal of streamlining the development approval process by improving the efficiency of the application process is best served by the establishment of a uniform set of [technical site improvement] engineering construction standards for site improvement for land development which [represents] represent the contributions of a consensus of informed and interested parties and which adequately addresses their concerns;
f. In order to provide the widest possible range of design freedom and promote diversity, [technical requirements] engineering construction standards should be [based upon uniform site improvement standards; and
g. The policymaking aspects of development review are best separated from the making of technical determinations] uniform statewide.
(cf: P.L.1993, c.32, s.2)
3. Section 4 of P.L.1993, c.32 (C.40:55D-40.4) is amended to read as follows:
4. a. The board shall, no later than 180 days following the appointment of its full membership, prepare and submit to the commissioner recommendations for a range of Statewide [site improvement] engineering construction standards for site improvements for residential development. [The site improvement standards shall implement the recommendations with respect to streets, off-street parking, water supply, sanitary sewers and storm water management of Article Six (with the exhibits appended thereto) of the January 1987 "Model Subdivision and Site Plan Ordinance" prepared for the department by The Center for Urban Policy Research at Rutgers, The State University, except to the extent that the recommendations set forth in the "Model Subdivision and Site Plan Ordinance" are inconsistent with the requirements of other law; provided, however, that, in the case of inconsistency between the "Model Subdivision and Site Plan Ordinance" and the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the site improvement standards recommended by the board shall conform to the provisions of the "Model Subdivision and Site Plan Ordinance;"and provided, further, that the] Article Six (with exhibits appended thereto) of the January 1987 "Model Subdivision and Site Plan Ordinance" prepared for the department by the Center for Urban Policy Research at Rutgers, the State University shall be used as a guide to establishing a range of standards which recognize the diversity of local soil characteristics and settlement patterns and the implications of those differences for local construction practices, but shall not be adopted by the board for uniform statewide application. The board may in developing its recommendations, replace or modify any of the specific engineering construction standards for site improvements set forth in the aforesaid model ordinance in light of any recommended site improvement standards promulgated under similarly authoritative auspices of any academic or professional institution or organization or other commonly accepted standards.
In addition to those recommended standards, the board shall develop, and shall submit with recommendation to the commissioner, a model application form for use throughout the State , which a municipality may use, at its discretion. The standards recommended by the board shall use any terms or concepts defined or referred to in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) consistently with their definition or inclusion in that law. Any definitions included in the standards other than those included in the "Municipal Land Use Law" shall apply only to the engineering construction standards adopted pursuant to P.L. c. (C. ) (pending before the Legislature as this bill) and shall not be applicable to any other land use ordinances, except at the discretion of the municipality.
[At the time the board submits its recommendations for Statewide site improvement standards and a model Statewide application form, the board shall submit to the commissioner, the Governor and the Legislature any recommendations it may deem necessary, in view of the recommended site improvement standards and the model statewide application form, for changes in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).]
b. The commissioner shall review the recommendations submitted by the board and, following his review, shall establish, by regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a set of Statewide [site improvement standards] engineering construction standards for site improvements to be followed by municipalities in granting development approval pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) and a standard application form that [shall] may be used throughout the State. The commissioner shall promulgate the recommendations of the board with regard to Statewide [site improvement standards] engineering construction standards for site improvements without making a change in any recommended standard unless, in the commissioner's judgment, a standard would: (1) place an unfair economic burden on some municipalities or developers relative to others; or (2) result in a danger to the public health or safety. The commissioner may veto any site improvement standard on the abovementioned grounds; however, any veto of the commissioner may be overridden by a two-thirds vote of the board. The regulations shall be adopted within one year of their submission by the board to the commissioner.
c. A municipality or developer may [seek a waiver of any site improvement standard adopted by the board in connection with a specific development if, in the judgment of the municipal engineer or the developer, to adhere to the standard would jeopardize the public health and safety. Any] mutually agree on a waiver of any standard in the range of standards adopted by the board in connection with a specific development if the reason for the waiver is clearly stated in writing and justified on engineering grounds, and is so stated on the plans, drawings and written agreement. When either a municipality or a developer disagrees on any standard outside the range, an application for a waiver shall be submitted in writing to the commissioner, who shall direct the application to a technical subcommittee, as described below, if the commissioner deems the application to be justified according to the standards set forth in this subsection. The technical subcommittee shall consist of those representatives set forth in paragraphs (1), (2) and (6) of subsection a. of section 3 of [this act] P.L.1993, c.32 (C.40:55D-40.3) appointed by the commissioner to serve on the Site Improvement Advisory Board. Any decision of the technical subcommittee shall be adopted by resolution explaining the subcommittee's rationale for granting or denying the waiver. The subcommittee shall render its decision within 30 days of the commissioner's determination that the application is justified. Any decision of the technical subcommittee may be appealed to the entire board; however, the board shall render any final decision of an appeal within 10 days of the hearing on the appeal and the decision of the full board shall be final. The waiver process shall not extend the time guidelines which constrain development applications which are set forth in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).
d. The board shall annually review the range of regulations adopted pursuant to subsection b. of this section, and shall recommend to the commissioner any changes in [those] the range of regulations which the board deems necessary [based on recommended site improvement standards promulgated under the authoritative auspices of any academic or professional institution or organization]. Any changes made in the regulations pursuant to this subsection shall be made according to the same procedure and shall be subject to the same waiver provisions as those set forth in subsections a., b. and c. of this section.
(cf: P.L.1993, c.32, s.4)
4. Section 5 of P.L.1993, c.32 (C.40:55D-40.5) is amended to read as follows:
5. Notwithstanding any provision to the contrary of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the standards set forth in the regulations adopted pursuant to subsection b. of section 4 of [this act] P.L.1993, c.32 (C.40:55D-40.4) shall supersede any [site improvement standards] engineering construction standard for site improvements as defined in section 1 of P.L.1993, c.32 (C.40:55D-40.1) for the purposes of P.L.1993, c.32 (C.40:55D-40.1 et seq.) incorporated within the development ordinances of any municipality, as provided hereunder. The regulations adopted by the commissioner pursuant to subsection b. of section 4 of [this act] P.L.1993, c.32 (C.40:55D-40.4) and any subsequent amendments thereto shall take effect 180 days following the adoption of those regulations and any municipal ordinances in effect on that date shall be deemed to have been repealed and have no further force or effect; provided, however, that the development ordinances of any municipality shall continue to govern any project which has received preliminary approval on or before the effective date of any [site improvement standards] engineering construction standard for site improvements or amendments adopted thereto.
(cf: P.L.1993, c.32, s.5)
5. Section 7 of P.L.1993, c.32 (C.40:55D-40.7) is amended to read as follows:
7. a. Nothing in this act shall be construed to modify the provisions of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) or any regulations promulgated pursuant thereto and section 502 of the "National Parks and Recreation Act of 1978" (Pub.L 95-625).
b. Nothing in this act shall be construed to prohibit, preempt or in any way affect the exercise of any authority by the State or any county government with respect to engineering construction standards for site
improvements conferred by any other State law or regulation promulgated thereunder.
(cf: P.L.1993, c.32, s.7)
6. This act shall take effect immediately.
Narrows focus of uniform site improvement guidelines to engineering construction standards.