ASSEMBLY LOCAL GOVERNMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 672

with committee amendments

STATE OF NEW JERSEY

DATED: FEBRUARY 3, 1997

      The Assembly Local Government Committee reports favorably and with committee amendments Assembly Bill No. 672.

      As amended by the committee, this bill establishes that a variance involving an inherently beneficial use must be granted under subsection d. of section 57 of P.L.1975, c.291 (c.40:55D-70) and not under subsection c. of that section. The amended bill also requires that there must be a showing that a variance involving an inherently beneficial use can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance.

      As introduced by the sponsor, Assembly Bill No. 672 was intended to narrow the definition of the term "inherently beneficial use" as a use which uniquely and peculiarly serves the public welfare at a particular site, except with regard to an application made by a health care facility, in which case "inherently beneficial use" would have been defined as a use that by its essential nature or character serves the public good and promotes the general welfare.

      The introduced bill further clarified that there must be an independent showing that a variance involving an inherently beneficial use can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning ordinance.

      The committee’s amendments remove the bill's requirement that there must be an independent showing that a variance involving an inherently beneficial use can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning ordinance. The committee's amendments also delete the definition of "inherently beneficial use" from the bill, and make a technical correction to the bill.

      As amended by the Committee, the bill is identical to Senate Bill No. 824 (2R), which was also reported by this committee on February 3, 1997.

      Assembly Bill No. 672 was pre-filed for introduction in the 1996-1997 legislative session pending technical review. As reported by the committee, the bill contains the changes required by technical review, which has been performed.