A1083

ASSEMBLY, No. 1083

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman CORODEMUS

An Act concerning county planning and creating chapter 27A of Title 40 of the Revised Statutes.

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

1. It is the intent and purpose of this act to augment the ability of county government to:

a. Provide for the public safety, health, and general welfare;

b. Promote regional prosperity, and to provide for a high quality of life for all citizens;

c. Guide land development within the county in a manner which will promote the attainment of State and regional policies, objectives and goals;

d. Encourage sound and more efficient regional development and redevelopment patterns;

e. Protect and enhance natural and cultural resources;

f. Provide a cooperative, coordinated and continuous planning process that involves the full participation of State, county, and municipal governments, as well as other public and non-profit and private sector interests;

g. Prepare county comprehensive plans which describe, in general terms, how a county should develop over time, and in specific terms how its natural and man-made resources should be managed, all to provide a framework which will guide and facilitate decisions and actions affecting the development and redevelopment of the county;

h. Encourage the coordination of the expenditure of public and private funds with county development and redevelopment policies; and,

i. Develop functional plans in areas in which there is a county interest, including but not limited to water supply, solid waste management, wastewater management, storm water management, historic preservation, agricultural preservation, and transportation improvements.

2. For the purpose of this act, unless the context clearly indicates a different meaning: The term "shall" indicates a mandatory requirement, and the terms "may" indicates a permissive action.

"Applicant" means a developer submitting an application for development.

"Application for development" means the application form and all accompanying documents required for approval of a subdivision plat, site plan, or planned development pursuant to a county's land development resolution or ordinance, as appropriate.

"Building" means a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.

"Capital improvement" means a governmental acquisition of real property or major construction project.

"Cooperative regional agreement" means a contractual agreement between the governing bodies of two adjacent counties or between the governing body of a county and adjacent municipality located out of the county which provides for coordinated reviews of proposed land developments located in an adjacent county or municipality.

"County agency" means any agency, board, department, division, commission and/or other entity which is created by or responsible to a county governing body.

"County drainage facility" means a bridge, pipe, culvert, swale, ditch or detention/retention facility or any other stormwater management facility owned or maintained by the county.

"County governing body" means the board of chosen freeholders and where appropriate the chief executive officer.

"County master plan" means a composite of written elements and supporting documentation to guide the development and redevelopment of the county as set forth in and adopted by the county planning board pursuant to Article 3 of this act.

"County planning board" means a board established by a county governing body pursuant to Article 2 of this act.

"County planning commission means a board established by a county governing body pursuant to Article 2 of this act.

"County road" means an existing road owned or maintained by the county or a proposed road shown on the county master plan or official county map to be owned or maintained by the county.

"Days" means calendar days.

"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

"Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which review is required pursuant to this act.

"Development Agreement" means a contractual agreement between the county governing body and one or more developers and where appropriate the governing body of one or more municipalities and/or the State of New Jersey which obligates any and all of the parties to provide contributions, certain documents, plans and/or guarantees and to perform certain tasks or work related to an application for land development.

"Drainage" means the movement of stormwater from lands or buildings.

"Final approval" means the action of the county planning board taken on a subdivision or site plan after all conditions of county planning board approval have been met.

"Impact fee" means cash or in-kind payments required to be paid by a developer as a condition for approval of a subdivision or site plan for the developer's proportional share of the cost of providing new or expanded reasonable and necessary public improvements located outside the property limits of the subdivision or development, but reasonably related to the subdivision or development, based upon the need for the improvement created by, and the benefits conferred upon, the subdivision or development.

"Interested party" means:

a. in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey, and;

b. in the case of a civil proceeding in any court or in an administrative proceeding before a county agency, any person, whether residing within or without the county, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this act, or whose rights to use, acquire, or enjoy property under this act, or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under this act.

"Land" includes improvements and fixtures on, above or below the surface.

"Land development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land.

"Land development regulations" means a subdivision resolution, site plan resolution, or other regulation of the development of land, or amendment thereto, adopted pursuant to this act.

"Lot" means a designated parcel, tract or area of land established by a plat or otherwise as permitted by law, and to be used, developed or built upon as a unit.

"Maintenance guarantee" means any security which may be accepted by a county for the maintenance of any improvements required by this act.

"Major subdivision" means any subdivision not classified as a minor subdivision.

"Minor subdivision" means a subdivision of land for the creation of a number of lots specifically defined by a county's land development regulations as a minor subdivision.

"Municipal 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).

"Municipal official map" means a map adopted by ordinance by the municipal governing body pursuant to Article 5 of P.L.1975 c.291 (C.40:55D-32).

"Municipal planning board" means the municipal planning board established pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23).

"Official county map" means the map, with charges and additions thereto, adopted and established, from time to time, by resolution or ordinance of the governing body of the county pursuant to this act.

"Performance guarantee" means any security which may be accepted by a county; provided that a county shall not require more than ten percent of the total performance guarantee in cash.

"Plat" means a map or maps of a subdivision.

"Public areas" means:

a. public parks, playground, trails, paths and other recreational areas;

b. other public open spaces;

c. publicly held scenic and historic sites, and;

d. sites for schools and other public buildings and structures.

"Quorum" means the minimum number of voting members as designated by the county planning board that is necessary, when duly assembled, to legally transact business.

"Redevelopment" means the rehabilitation, revitalization and renovation of an area.

"Resubdivision" means:

a. the further division or relocation of lot lines of any lots within a subdivision previously made and approved or recorded according to law, or;

b. the alteration of any road right-of-way or the establishment of any new road right-of-way within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

"Road" means any street, avenue, boulevard, parkway, viaduct, drive or other way (1) which is an existing State, county or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided by this act, or (4) which is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

"Site plan" means a plan of an existing lot or plot or a subdivided lot on which is shown topography, location of all existing and proposed buildings, structures, drainage facilities, roads, rights-of-way, easements, parking areas, together with any other information required by a county's land development regulations.

"Street" (see "Road").

"Streetscape" means the natural and man-made features that are perceived within and along a street or road which may include but is not limited to trees, plantings, ornaments, fences, pathways, walls, building facades, road surfaces and signs.

"Subdivision" means division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:

a. divisions of land found by the county planning board to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size;

b. divisions of property by testamentary or intestate provisions;

c. divisions of property upon court order, including, but not limited to, judgements of foreclosure;

d. consolidation of existing lots by deed or other recorded instrument, and;

e. the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the municipal administrative officer to conform to the requirements of the municipality's land development regulations, and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "Subdivision" shall also include the term "Resubdivision".

"Transcript" means a typed or printed verbatim record of the proceedings or reproduction thereof.

3. a. The governing body of each county shall create, by resolution or ordinance, as appropriate, a county planning board of not less than five (5) nor more than nine (9) members. The members of such planning board shall be appointed by the governing body, and shall include:

(1) The director of the governing body if the planning board is made up of five (5) members; the director and one (1) other member of the governing body if the planning board is made up of six (6) members or more;

(2) The county engineer; and,

(3) Other citizens who may not hold any other county office. These citizens should have expertise in such areas as: housing, transportation, agriculture, business, construction, environmental protection, planning, architecture, or other related fields. One (1) of the members shall be appointed for two (2) years, two (2) shall be appointed for three (3), and all additional remaining members shall be appointed for four (4) years, and thereafter, their successors shall be appointed for the term of three (3) years from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur otherwise than by expiration of the planning board term, it shall be filled by appointment, as provided above, for the unexpired term.

b. County planning boards in existence on the effective date of this act shall be reconstituted in accordance with the provisions of this act as terms of existing citizen members expire. The governing body of any county that does not have a county planning board on the effective date of this act shall create a county planning board within six months of the effective date of this act.

c. All members of the county planning board shall serve without compensation, but may be paid expenses incurred in the performance of duties.

d. No member of the county planning board shall be permitted to participate in discussion or to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

4. a. The governing body may, by resolution or ordinance, as appropriate, provide for the appointment of alternate members to the county planning board, in accordance with the following:

(1) Where the county planning board consists of five members, the governing body may appoint one citizen member alternate;

(2) The governing body may appoint a member of the governing body to serve as an alternate to the governing body member(s);

(3) The governing body may appoint the assistant or deputy county engineer to serve as an alternate to the county engineer;

(4) Where the county planning board consists of more than five members, the governing body may appoint two citizen member alternates. These members shall be designated by the governing body as Alternate No. 1 and Alternate No. 2.

b. Alternate members shall be appointed for terms to expire at the same time as the terms of the regular members for whom they are alternates, except that in the case of citizen member alternates, the term shall be one year.

c. An alternate member may sit with and participate in discussion in any meeting and/or hearing of the county planning board, or its committees, but may not vote except in the absence or disqualification of a regular member.

d. No alternate member shall be permitted to participate in discussion or to act on any matter in which the member has, either directly or indirectly, any personal or financial interest.

e. Alternate members of the county planning board shall serve as such without compensation, but may be paid expenses incurred in the performance of duties.

f. An alternate member, after a public hearing if the member requests one, may be removed by the governing body for cause.

5. a. A member of a county planning board or, in the absence of a member, the alternate, shall be eligible to vote on the matter upon which a meeting was held or hearing conducted, notwithstanding the member's or alternate's absence from one or more of the meetings; provided, however, that such member or alternate has available to him or her the transcript or recording of all of the meeting or hearing, as appropriate, from which the member or the alternate was absent, and certifies, in writing, to the county planning board that the member or alternate has read such transcript or listened to such recording.

b. The appropriate alternate shall vote in the absence or disqualification of his or her corresponding regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which citizen member alternate is to vote, Alternate No. 1 shall vote.

6. a. The county planning board shall:

(1) Create and adopt by-laws;

(2) Elect a chairperson and vice chairperson from the citizen members, except the citizen member alternates;

(3) Elect a secretary, who may be a member of the planning board or a county employee; and

(4) Create and fill such other offices, as established by resolution or ordinance, as appropriate.

b. The county planning board may create committees and may vest its powers in these committees, as appropriate.

c. A planning board member's term as a member of a planning board committee shall not exceed his or her term as a member of the planning board.

d. No committee shall take any formal action without a quorum, as defined in Article 1 of this act, being present.

7. Any power expressly authorized by this act to be exercised by the county planning board, or a committee thereof, shall not be exercised by any other body, except as otherwise provided in this act.

a. The county planning board shall:

(1) Prepare and adopt a county master plan, pursuant to Article 3 of this act;

(2) Review and comment on county capital improvements and, where applicable, on the county capital improvements program and/or official county map for consistency with the county master plan, pursuant to Articles 4 and 5 of this act;

(3) Prepare and administer land development regulations, pursuant to Article 6 of this act;

(4) Encourage the cooperation of the local municipalities and, as appropriate, any other parties in any matters whatsoever which may concern the county's development and redevelopment, pursuant to Article 3 of this act; and

(5) Review and comment on, where appropriate, the plans of other county agencies for consistency with the county master plan, pursuant to Article 3 of this act.

b. The county planning board may:

(1) Participate in the preparation, review and/or revision of legislation, regulations, programs or plans and studies existing or proposed, at all levels of government;

(2) Assemble data on a continuing basis as part of a continuous planning process;

(3) Provide planning assistance and guidance to municipalities;

(4) Assist municipalities in the development of community design objectives;

(5) Prepare and recommend a resolution or ordinance, as appropriate, establishing impact fees, pursuant to this act;

(6) Prepare and recommend inter-county agreements providing for the assessment of impact fees for development impacts which are generated in one county by a development situated in whole or in part, in another county;

(7) Perform such other advisory duties as are assigned to it by resolution or ordinance, as appropriate, of the governing body for the aid and assistance of the governing body or other agencies or officers; and

(8) Employ staff and experts, and pay for their and such other expenses as may be deemed necessary, for the preparation of the county master plan and for the execution of such other duties as are provided in this act, except that the board may expend only such sums as may be appropriated by the governing body or be placed at its disposal through gift.

c. The county planning board shall follow the provisions of this act, and shall accordingly exercise its powers in regard to this act.

8. a. Prior to budgeting for a capital improvement, or to adopting a capital improvements program or official county map, or any revision or amendment thereto, the governing body shall refer a copy of the pertinent documents to the county planning board for review and comment. The planning board shall make and transmit to the governing body within 30 days of referral, its comments on the consistency of the proposed action with the county master plan, together with any recommendations that the board deems appropriate. The governing body, when considering the proposed action, shall review and may read into the record the comments of the planning board. Failure of the planning board to transmit its comments within the required period shall relieve the governing body from the requirements of this subsection. Within 30 days of adoption, the governing body shall transmit the aforementioned documents to the county planning board.

b. Prior to adopting or taking final action thereon, each county agency shall refer its proposed plans which would affect county development and redevelopment to the county planning board for review. Within 30 days after referral of the plans, the county planning board shall transmit to the county agency a report identifying any provisions within the county agency's plans which are inconsistent with the county master plan and recommendations concerning these inconsistencies and any other matters as the county planning board deems appropriate. Upon receipt of the county planning board's report, the county agency shall prepare and transmit a written response to the county planning board prior to adopting or taking final action on its proposed plan. Within 30 days of the date of adoption or final action, each county agency, as appropriate, shall transmit a copy of its plans to the county planning board. Failure of the county planning board to transmit its report within the 30 day period provided herein shall relieve the county agency from the requirements of this subsection.

c. Municipalities shall refer copies of their proposed master plan, capital improvements program, official map, and land development regulations, or any revision or amendment thereto, to their county planning board for review and comment at least 45 days prior to a public hearing thereon. Prior to adopting any of the aforementioned documents, or any revisions or amendments thereto, the municipality shall submit to the county planning board a written response to any comments submitted by the county planning board. Within 30 days of adoption, municipalities shall transmit a copy of the adopted documents to their county planning board.

d. Each county planning board shall refer copies of its proposed master plan, or any revision or amendment thereto, to the planning boards of adjoining counties for review and comment at least 45 days prior to a public hearing thereon. Prior to adopting any of the aforementioned documents, or any revisions or amendments thereto, the municipality shall submit to the county planning board a written response to any comments submitted by the county planning board. Within 30 days of adoption, the county planning board shall transmit a copy of the adopted documents to the planning boards of adjoining counties.

e. Where a municipality borders an adjoining county, the municipality shall refer copies of its proposed master plan, capital improvements program, official map, and land development regulations, or any revision or amendment thereto, to the planning board of the adjoining county for review and comment at least 45 days prior to a public hearing thereon. Prior to adopting any of the aforementioned documents, or any revisions or amendments thereto, the municipality shall submit to the planning board of the adjoining county a written response to any comments submitted by the planning board of the adjoining county. Within 30 days of adoption, the municipality shall transmit a copy of the adopted documents to the planning board of the adjoining county.

f. Public agencies, authorities and commissions shall be encouraged to refer proposed capital improvements and capital improvements programs to the county planning board for review and comment. "Public agencies, authorities and commissions" shall include but not be limited to the following: housing, parking, highway, special district and other authorities; redevelopment agencies; and school boards.

g. Nothing in this section shall be construed as diminishing the applicability of other provisions of this act.

9. a. Every county planning board shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the county planning board shall be scheduled not less than once a month. The county planning board may provide for special meetings, at the call of the chairman, or at the request of any two of its members, which shall be held on notice to its members and the public in accordance with county regulations, and the "Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).

b. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of the members of the county planning board present at the meeting unless otherwise stipulated in this act. Failure of a motion to receive the number of votes required for approval shall be deemed an action denying said motion.

c. All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with county regulations. An executive session for the purpose of discussing and studying any matters to come before the county planning board shall not be deemed a regular or special meeting within the meaning of this act.

d. Approved minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the county planning board and of the persons appearing by attorney, the action taken by the county planning board, the findings, if any, made by it and reasons therefore. The minutes, after approval, shall be made available for public inspection during normal business hours at the office of the county planning board. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee reproduction of the minutes for his/her use.

10. a. The county planning board shall, pursuant to Article 3, conduct a hearing prior to each adoption, revision or amendment to the county master plan.

b. The county planning board may conduct a hearing in areas in which there is a county interest, including but not limited to water supply, solid waste management, wastewater management, storm water management, historic preservation, agricultural preservation, transportation improvements, and open space and recreation.

c. The county planning board shall make the rules governing any hearings. Any documents that are the subject of a hearing shall be on file and available for public inspection during normal business hours in the office of the county planning board beginning at least 45 days before the date of the hearing.

d. The county planning board shall not be required to comply with the technical rules of evidence at any public hearing. The planning board may exclude irrelevant, immaterial or unduly repetitious evidence.

e. The county planning board shall provide for the verbatim recordings of the proceedings of the master plan hearing by either stenographer, mechanical or electronic means. The county planning board shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense. The county planning board, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.

11. The county master plan serves as a decision-making guide for public and private actions affecting the county's development and redevelopment. The county master plan promotes the attainment of State, county and regional goals, and provides a framework for the formulation of municipal master plans. The county master plan also provides the basis for the county's capital improvements program, official county map and land development regulations.

12. a. The county planning board shall prepare and adopt, within six years of the effective date of this act, a county master plan which complies with the provisions of this act. In preparing the county master plan, or any revision or amendment thereto, the county planning board shall take into consideration the various objectives and proposals contained in the State Development and Redevelopment Plan; in the plans of the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies, as appropriate; in the plans of other county agencies, as appropriate; in the master plans of municipalities within the county; and in master plans of adjoining counties and municipalities.

b. During the preparation or re-examination of the county master plan or any element thereof, the county planning board shall hold at least one public workshop meeting for the purpose of seeking comment on the content of the master plan or any element thereof.

c. The county planning board shall conduct a hearing prior to each adoption, revision or amendment to the county master plan. Before adopting, revising or amending the county master plan, the county planning board shall, at least 45 days prior to the date of the hearing, give public notice of such hearing by publication in a newspaper of general circulation in the county and by personal service or certified mail to appropriate county agencies; municipal clerks and planning board and zoning board of adjustment secretaries of all municipalities within the county; planning board secretaries of all adjoining counties and municipalities; the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies, as appropriate, and the State Planning Commission. Such notice shall be accompanied by a copy of the proposed master plan, or any revision or amendment thereto, and shall be in accordance with the requirements for hearings set forth in this act.

d. The adoption, revision or amendment of the county master plan shall be by resolution of the planning board, carried by the majority of the fully authorized membership of the board. The resolution shall refer specifically to all materials intended by the board to form the whole or part of the master plan or any revision or amendment thereto. This action taken shall be recorded on all said materials by the identifying signatures of the planning board chairperson and secretary. Within 30 days of adoption, an attested copy of the county master plan, and any revision or amendment thereto, shall be transmitted to the county governing body; other appropriate county agencies; municipal clerks, construction code officials and planning board and zoning board of adjustment secretaries of all municipalities within the county; planning board secretaries of all adjoining counties and municipalities; the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies as appropriate; and the State Planning Commission.

13. The county master plan shall consist of a report or statement including text, diagrams and maps of the following:

(1) A land use inventory that may include, but not be limited to residential, commercial, industrial, agricultural, parks, open space, public and quasi-public; and vacant ("no active use").

(2) A natural resources inventory that may include, but not be limited to: surface and ground water resources; soils; wetlands; woodlands; land and water areas which may contain threatened and endangered species; and scenic corridors.

(3) A description of demographic characteristics and trends that may include, but not be limited to population, housing, and job and labor force characteristics;

(4) An element consisting of overall goals, objectives and policies for the development and redevelopment of the county;

(5) A county growth management plan element, based on an analysis of the inventory and the goals and objectives of the master plan, that identifies areas for development and redevelopment, and areas for preservation. This element should include projections of the population, housing, jobs and labor force that could result if the county were to be fully developed in accordance with this element. Demographic forecasts for the county shall be compared to the forecasts prepared by the Office of State Planning and other state and regional forecasts;

(6) A circulation plan element showing the locations and types of facilities for all modes of public and private transportation (air, land and water) required for the efficient movement of people and goods into, about and through the county. This plan element shall describe a transportation system which can adequately support projected development and redevelopment, and implementation strategies linking and phasing transportation improvements consistent with the county growth management plan element. The circulation plan element shall classify all county roads by function, and shall indicate their right-of-way widths. The circulation element may include provisions for the special transportation needs of the disabled, the indigent, the young and the elderly, and for pedestrians and bicycles;

(7) A parks, recreation and open space plan element, which identifies the amount and types of areas required to meet the county's regional recreational and open space needs, and which recommends strategies for providing these areas;

(8) A natural resource plan element, which recommends strategies for the protection and preservation of natural resources as identified in the natural resource inventory of the county; and

(9) The master plan shall include a specific policy statement indicating the relationship of the proposed development and redevelopment of the county to:

(i) The master plans of contiguous counties;

(ii) The land development documents of regional agencies retaining jurisdiction within the county; and

(iii) The State Development and Redevelopment Plan prepared pursuant to P.L.1985, c.398 (C.52:18A-196 et seq.).

b. The county master plan may also consist of but not be limited to a report or statement including text, diagrams and maps of the following:

(1) A man-made resources inventory that may include, but not be limited to major institutional, transportation, utility, storm water management, flood control, shore protection, recreational, solid waste management facilities, and major areas of historic or cultural significance;

(2) A natural and man-made constraints inventory that may include, but not be limited to flood hazard areas; flood plains; seasonal high water table areas; geologic constraints; waste dump sites, and airport or other federal or state regulated hazard zones.

(3) An economic plan element that makes recommendations and identifies areas for the economic development and redevelopment of the county;

(4) A housing plan element, which addresses the needs of all income, age and special needs groups, and which recommends options, including locational criteria, for meeting these needs;

(5) A utility service plan element, analyzing the need for and showing the general locations of future water supply treatment and distribution facilities; stormwater management, flood control and shore protection facilities; wastewater collection and treatment facilities; solid waste management facilities; and provisions for other related utilities;

(6) A regional facilities inventory, showing the general locations and types of existing and proposed regional facilities, including but not limited to: educational, library, cultural, health care, emergency services, correctional and other regional facilities;

(7) A scenic, historic and cultural resources plan element, which recommends strategies for the preservation of these resources;

(8) An environmental quality plan element, which reports on the quality of air, land and water resources, and recommends strategies and plans to protect these resources; and

(9) An agricultural development and preservation plan element, which recommends strategies to preserve and develop areas for agricultural use.

14. a. The county planning board shall, at least every six years, re-examine its master plan, and shall prepare and adopt a report on the findings of this re-examination. The first such re-examination report shall have been adopted within six years of the effective date of this act. Thereafter, a re-examination report shall be adopted at least once every six years from the previous re-examination.

b. The re-examination report shall state:

(1) The extent to which overall goals, objectives and policies for the development and redevelopment of the county have been met subsequent to this time.

(2) The extent to which there have been significant changes in State, county and municipal conditions, assumptions, principles, standards, policies and objectives which formed the basis for the master plan, as last revised.

(3) The specific changes recommended for the master plan, if any, including underlying conditions, assumptions, principles, standards, policies and objectives, and whether the plan should be amended or revised.

c. The county planning board shall, after a public hearing, amend or revise its master plan to be consistent with the recommendations contained in the re-examination report.

15. The absence of the adoption by the county planning board of a re-examination report pursuant to this act shall constitute a rebuttable presumption that the county master plan is no longer valid.

16. a. The county planning board shall encourage the cooperation of the local municipalities and, as appropriate, any other parties in any matters whatsoever which may concern the county's development and redevelopment.

b. The county planning board shall review all municipal master plans, and amendments thereto, and may review any municipal official map, capital improvements program, land development regulation, or amendments thereto, submitted to it to evaluate the degree of consistency with the county master plan. In the event that a municipal master plan is not consistent with the county master plan, the county planning board shall so inform the municipality in writing, describing the nature of the inconsistency.

c. The county planning board shall encourage the cooperation of other county agencies in any matters whatsoever which may concern the county's development and redevelopment.

d. Each county agency, as appropriate, shall refer its proposed plans affecting the county's development and redevelopment to the county planning board for review and comment for consistency with the county master plan.

17. Municipalities shall, at least 45 days prior to a public hearing on their proposed master plan, capital improvements program, official map and land development regulations, or any revision or amendment thereto, refer copies of these documents to their county planning board, to the planning boards of adjoining municipalities and, where applicable, to the planning boards of each county along their municipal borders, for review and comment. Prior to adoption, a municipality shall submit to the planning boards a written response to any comments submitted by the planning boards. Within 30 days of adoption, municipalities shall transmit a copy of the adopted documents to the appropriate planning boards as herein described.

18. The purpose of this article is to provide for the review of capital improvements by the county planning board for consistency with the county master plan and, when authorized by the county governing body, to provide for the preparation of a capital improvements program by the county planning board.

19. a. The governing body and other county departments, agencies, authorities and commissions, before budgeting for a capital improvement, that would affect the county's development or redevelopment, shall refer the proposal, and any documentation requested involving the capital improvement, to the county planning board for review and comment concerning the relationship of the location, character and extent of the improvement to the county master plan.

b. The governing body shall not take action on a proposed capital improvement without receiving comments from the planning board on the proposal's consistency with the county master plan, or until 30 days have lapsed following the transmittal of the proposal to the planning board. Failure of the planning board to transmit its comments within the 30 day period provided herein shall relieve the governing body from the requirement to receive comments from the planning board.

20. a. The governing body may authorize the county planning board to prepare a capital improvements program. In the event of such authorization, every county department, agency, authority and commission shall transmit to the board a list of all proposed capital improvements and any other documentation requested by the board.

b. When the county planning board has prepared a capital improvements program, it shall forward the program to the governing body with a recommendation for adoption.

21. A capital improvements program may include, but not be limited to:

a. A listing of county capital improvements projected over a term of at least six years, and revisions or amendments thereto. The first year of such plan shall, upon adoption by the governing body, constitute the capital budget of the county.

b. A classification of improvements in regard to the urgency and need for realization, and a recommendation of a time sequence for their implementation.

c. An estimation of the cost of each improvement, and an indication of probable operating and maintenance costs and probable revenues, if any, as well as existing sources of fund or the need for additional sources of funds for the implementation and operation of each improvement.

d. Major improvements currently undertaken or future improvements to be undertaken, with federal, State, municipal, county and other public funds, or under federal, State, municipal or county supervision.

e. A statement of the program's relationship to the county master plan and the State Development and Redevelopment Plan.

22. a. Prior to adopting the capital improvements program, or any revision or amendment thereto, the governing body shall refer a copy of the pertinent documents to the county planning board for review and comment.

b. The governing body shall not take action on the capital improvements program without receiving comments from the planning board on its consistency with the county master plan, or until 30 days have lapsed following the transmittal of the program to the planning board. Failure of the planning board to transmit its comments within the 30 day period provided herein shall relieve the governing body from the requirement to await comments from the planning board in regard to the proposed capital improvements program.

c. Public agencies and authorities shall be encouraged to refer proposed capital improvements and capital improvements programs to the county planning board for review and comment. "Public agencies and authorities" shall include but not be limited to the following: housing, parking, highway, special district and other authorities; redevelopment agencies; and school boards.

23. a. The county planning board may create a capital improvements/capital improvements program committee which will consist of the county planning director, the county engineer and up to three other board members. The board may vest in this committee its power to review and comment on proposed capital improvements and, where appropriate, to review or to prepare and recommend a capital improvements program.

b. The county planning board may appoint to the committee

alternate members, who shall vote in the absence or disqualification of a regular committee member.

24. The purpose of this article is to provide for the preparation, review and adoption of an official county map.

25. a. The county governing body, after seeking the advice of the county planning board, may prepare an official county map.

b. The county governing body may authorize the county planning board to prepare an official county map.

c. When the county governing body or county planning board prepares the official county map, every county department, agency, authority and commission shall transmit to the governing body or planning board, as the case may be, maps and other information that the governing body or planning board determines to be necessary in the preparation of the official county map.

d. The county governing body or county planning board may request maps and other information from municipal, state or federal departments, agencies, authorities and commissions that the governing body or planning board determines to be necessary in the preparation of an official map.

e. When the county planning board has prepared the official county map, or any revision or amendment thereto, it shall forward the map, revision or amendment, as appropriate, to the governing body with a recommendation for adoption.

26. a. The official county map may show roads and other transportation facilities, drainage facilities, institutional facilities, parks, preservation and conservation areas, and other public areas and facilities that are under county jurisdiction, or that the county, in whole or in part, has acquired, financed or constructed, or may acquire, finance or construct.

b. The official county map may show, as determined to be necessary by the county governing body, the public areas and facilities that are under municipal, state or federal jurisdiction or that these jurisdictions, in whole or in part, have acquired, financed or constructed, or may acquire, finance or construct.

27. a. The county governing body, before adopting an official county map, shall refer the proposed map, and any pertinent documentation requested, to the county planning board for review and comment concerning the map's consistency with the county master plan.

b. The county governing body shall not adopt the proposed official county map, or any revision or amendment thereto, without receiving comments from the county planning board on the map's consistency with the county master plan, or until 30 days have lapsed following the transmittal of the map to the planning board. Failure of the planning board to transmit its comments within the 30 day period provided herein shall relieve the county governing body from the requirement to receive comments from the planning board.

28. a. The county governing body may adopt an official county map after holding a public hearing.

b. Before adopting, revising or amending the official county map, the county governing body shall, at least 45 days prior to the date of the hearing, give public notice of such hearing by publication in a newspaper of general circulation in the county and by personal service or certified mail to the county planning board; other appropriate county agencies; municipal clerks and planning board and zoning board of adjustment secretaries of all municipalities within the county; planning board secretaries of all adjoining counties and municipalities; the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies, as appropriate; and the State Planning Commission. Such notice shall include a copy of the proposed official county map, or any revision or amendment thereto.

c. The adoption, revision or amendment of the official county map shall be by resolution of the county governing body, carried by a majority of its fully authorized membership. The resolution shall refer specifically to all materials intended by the governing body to form the whole or part of the official county map, or any revision or amendment thereto. The action taken shall be recorded on all said materials by the signature of the director of the governing body. Within 30 days of adoption, an attested copy of the official county map, and any revision or amendment thereto, shall be transmitted to the county planning board; other appropriate county agencies; muncipal clerks, municipal construction code officials and planning board and zoning board of adjustment secretaries of all municipalities within the county; planning board secretaries of all adjoining counties and municipalities; the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies, as appropriate; and the State Planning Commission.

29. a. Upon receiving an application for land development, the county planning board may reserve land, in the manner provided in article 6 of this act, for the public areas and facilities shown on the official county map that are under county jurisdiction, or that the county, in whole or in part, has acquired, financed or constructed, or may acquire, finance or construct.

b. No approval of land development shall be issued by any approving authority, except as provided in Article 6 of this act or other applicable law, for the sites of public areas and facilities shown on the official county map that are under county jurisdiction, or that the county, in whole or in part, has acquired, financed or constructed, or may acquire, finance or construct.

c. Nothing herein prescribed shall be construed as restricting or limiting the powers of the county governing body from repairing, maintaining and improving any existing street, road, viaduct, bridge or parkway not shown on such official maps, which does not involve the acquisition of additional land or of park commissions as otherwise provided by law.

30. a. The county planning board may create an official county map committee consisting of the county planning director, the county engineer and up to three other board members. The board may vest in this committee its power to review and comment on the official county map and, where appropriate, to review or to prepare and recommend an official county map, or any revisions or amendments thereto.

b. The county planning board may appoint to the committee alternate members, who shall vote in the absence or disqualification of a regular committee member.

31. The purpose and intent of this Article shall be to:

a. Ensure the safe, convenient and efficient movement of people and goods along county roads and across county drainage facilities;

b. Protect the public health through the reduction of vehicular emissions along county roads;

c. Promote the creation of aesthetically pleasing streetscapes within and along the rights-of-way of county roads;

d. Ensure the appropriate management of stormwater, including the protection of water quality, that would drain directly or indirectly to a county road, county drainage facility and/or other land, building or facility owned or maintained by the county;

e. Provide for the mitigation of traffic and drainage impacts on land, buildings or facilities owned or maintained by the county; and

f. Reserve land for public areas and facilities.

g. Provide for the review of development of regional significance in accordance with the purpose of this Act.

32. a. A county's land development regulations, or any revision or amendment thereto, shall be prepared by the county planning board and shall be transmitted to the county governing body with a recommendation for adoption.

b. Within three years of the effective date of this act, the county planning board shall prepare land development regulations that meet the requirements of this Article, and shall transmit them to the county governing body with a recommendation for adoption.

33. A county's land development regulations shall, as prescribed in this article, require and provide the basis for county approval, conditional approval or disapproval of land development, or exemption from approval of land development. These regulations shall be consistent with the county master plan and any official county map, and shall contain the procedures, criteria, standards and requirements necessary to achieve the purpose and intent of this Article.

34. a. When the county planning board has recommended to the county governing body land development regulations, or any revision or amendment thereto, the county governing body shall, within four months, hold a public hearing or hearing on the proposed land development regulations, or revision or amendment thereto. Within 45 days of the completion of the last public hearing, the county governing body shall adopt the land development regulations, or revision or amendment thereto, with such modifications, if any, that the governing body may deem appropriate.

b. Before adopting land development regulations, or any revision or amendment thereto, the county governing body shall, at least 45 days prior to the date of the hearing, give public notice of such hearing by publication in a newspaper of general circulation in the county and by personal service or certified mail to the county planning board; other appropriate county agencies; municipal clerks and planning board and zoning board of adjustment secretaries of all municipalities within the count; planning board secretaries of all adjoining counties and municipalities; the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies, as appropriate; and the State Planning Commission. The public notice shall include a copy of the land development regulations, or revision or amendment thereto.

c. The adoption, revision or amendment of the land development regulations shall be by resolution of the county governing body, carried by a majority of its fully authorized membership. The resolution shall refer specifically to all materials intended by the governing body to form the whole or part of the land development regulations, or any revision or amendment thereto. The action taken shall be recorded on all said materials by the signature of the director of the governing body. Within thirty (30) days of adoption, the county governing body shall transmit a copy of the adopted documents to the county planning board; other appropriate county agencies; municipal clerks, municipal construction code officials and planning board and zoning board of adjustment secretaries of all municipalities within the county; planning board secretaries of all adjoining counties and municipalities; the Hackensack Meadowlands Development Commission, the Pinelands Commission and/or other regional planning agencies, as appropriate; and the State Planning Commission.

35. a. A county's land development regulations shall be administered by the county planning board pursuant to this Article and to all other applicable law.

b. The planning board may vest its authority to review and approve, conditionally approve or disapprove land development applications in a land development committee which shall consist of the county planning director, or the director's designated alternate, the county engineer, or the engineer's designated alternate, and at least two (2) regular members of the county planning board appointed by the county planning board. The planning board may appoint one (1) or more alternate committee members to serve on the committee in the absence of regular committee members.

36. For any proposed land development within the county, except the construction of a detached one- or two-family dwelling unit building and/or its appurtenances, an application shall be submitted by the applicant to the county planning board for review and, where required by this Article, approval.

37. a. Approval by the county planning board shall be required for any proposed land development, except the construction of a detached one- or two- family dwelling unit building and/or its appurtenances, that affects a county road and/or county drainage facility, and/or that may cause adverse traffic and/or drainage facility, and/or that may cause adverse traffic and/or drainage impacts on other lands, buildings or facilities owned or maintained by the county.

b. The county planning board may provide for the approval of developments of regional significance as defined in the county's regulations.

c. Whenever approval by the county planning board of an application for land development is required pursuant to this Article, the municipal approving authority shall condition any municipal approval upon approval by the county planning board.

38. a. The county planning board shall provide each applicant with the option of a pre-application review of a conceptual plan or sketch plat for land development. The county planning board shall not be bound by any recommendations or advisory comments resulting from this review.

b. The county planning board may require that each application for land development approval or for exemption from land development approval, include fees, forms, plans, plats, calculations, analyses, impact statements and/or other appropriate documents.

c. Any fee charged by the county planning board for the review of an application for land development shall be reasonable and shall be established by the governing body. Municipal and county governments, boards of education, and non-profit organizations shall be exempt from the payment of an application fee for land development.

d. All land development applications shall be subject to two levels of formal review: an Administrative Review; and a Technical Review. The criteria for each level of review shall be determined by each individual county, and shall be set forth in its land development regulations.

(1) The purpose of an administrative review shall be to determine whether basic documents, plans and information have been submitted. These basic documents, plans and information shall include but not be limited to, a properly completed land development application form, the proper land development application review fee, the proper number of sets of plans, and the basic plat details required in a county's land development regulations. Within ten (10) days of receipt of these basic documents, plans and information, a county planning board or its authorized agency or designee shall determine if the materials submitted satisfy the criteria for administrative completeness contained in the county's land development regulations. In the event that a county planning board or its authorized agency or designee fails to notify the applicant of the items necessary to determine administrative completeness within ten (10) days of the date of the initial submission, the application shall be deemed administratively complete.

(2) The purpose of a technical review shall be to provide a county's planning staff, engineering staff, staff of other county departments, and/or a county's consultants the opportunity to conduct a review of the plans, calculations, analyses, impact statements and/or other appropriate documents submitted by the applicant. Within forty-five (45) days of a land development application being deemed a administratively complete, a technical review of the land development application being deemed administratively complete, a technical review of land development application shall be conducted. Within this forty-five (45) day period, a county planning board may require, or a county's technical staffs and/or consultants may request, the correction and/or revision of any documents, plans or information submitted as part of the land development application, or the submission of additional documents, plans or information as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the land development application have been met.

39. An application for land development shall be acted upon by the county planning board within forty-five (45) days of the date of submission of all materials and information required for technical review pursuant to this Article, or within such further time as may be consented to by the applicant. Failure of the county planning board to act within this period shall constitute approval. At the request of the applicant, a certificate indicating the failure of the county planning board to act shall be issued by the county planning board secretary or other designated representative.

40. The county planning board may, consistent with the purpose and intent of this Article, require any or all of the following prior to approval of an application for land development:

a. Minor subdivision approval.

(1) Delineation of driveways and access easements along county roads including common driveways;

(2) Delineation of drainage improvements along county roads;

(3) Delineation of sidewalks or pathways;

(4) Delineation of sites to be reserved for public areas and facilities when these sites are shown in or on the county master plan, county capital improvements program or official county map, or when the county master plan contains locational criteria for public areas and facilities;

(5) Delineation of rights-of-way or easements for county roads or county drainage facilities that are shown in or on the county master plan, capital improvements program and/or official county map, or that are needed to accommodate county road or county drainage facility improvements necessitated by a proposed land development;

(6) Delineation of sites for public areas and facilities when these sites are shown in or on the county master plan, capital improvements program, or official county map, or when the county master plan contains locational criteria for public areas and facilities;

(7) Granting of rights-of-way or easements for county roads or county drainage facilities that are shown in or on the county master plan, capital improvements program and/or official county map, or that are needed to accommodate county road or county drainage facility improvements necessitated by a proposed land development;

(8) Reservation of sites for public areas and facilities when these sites are shown in or on the county master plan, capital improvements program, or official county map, or when the county master plan contains locational criteria for public areas and facilities:

(i) The county planning board may reserve these sites for a period of one year after final approval of a land development application, or within such further time as may be agreed to by the applicant. When the planning board has elected to reserve a site, it shall require the applicant to show the site on the development plan. If the county has not entered into a contract to purchase, or has not instituted condemnation proceedings according to law for the fee or a lesser interest in the site within the one year period or extension thereof, the applicant shall not be bound by such reservation shown on the plan.

The applicant shall be compensated for the reasonable increased cost of legal, engineering, or other professional services caused by the reservation. The county shall provide, by resolution or ordinance, as the case may be, for a procedure for the payment of all compensation payable under this section.

(iii) Whenever a proposed land development that is the subject of a reservation by the county planning board would not yield a reasonable return to the owner unless the boundaries of the land to be reserved are adjusted, the board may, by an affirmative vote of a majority of its fully authorized membership, make an appropriate adjustment in these boundaries, provided the adjustment will not result in increased costs to the public, or alter the intent of or cause a significant change in the county master plan, capital improvements program or official county map.

b. Preliminary site plan or preliminary major subdivision approval.

(1) Delineation of improvements to the county road system, including but not limited to pavement widening, grading and regrading, installation of safety shoulders and traffic safety control devices, relocation and redesign of road intersections and other access point, and planting of shade trees;

(2) Delineation of improvements to county drainage facilities, including but not limited to the construction, reconstruction, replacement or extension of bridges, pipes, culverts, swales, ditches or detention/retention facilities, or the installation of traffic safety control devices;

(3) Delineation of improvements of pedestrian, bicycle and equestrian pathways;

(4) Description of transportation management practices, including but not limited to bus stops, flexible or staggered work hours, ridesharing, and the adjustment of parking privileges to encourage the use of alternatives to the single-occupant vehicle;

(5) Delineation of improvements necessary to mitigate adverse traffic and drainage impacts on land, buildings or facilities owned or maintained by the county;

(6) Delineation of sites to be reserved for public areas and facilities when these sites are shown in or on the county master plan, capital improvements program, or official county map, or when the county master plan contains locational criteria for public areas and facilities;

(7) Description of measures to mitigate road system and/or traffic related and/or drainage impacts in an adjacent county or in an adjacent municipality in an adjoining county with which a county has entered into a cooperative regional agreement.

(8) Description of measures to mitigate the impacts of developments of regional significance.

c. Final site plan or final major subdivision approval.

(1) Delineation and granting of rights-of-way or easements for county roads or county drainage facilities that are shown in or on the county master plan, capital improvements program and/or official county map, or that are needed to accommodate county road or county drainage facility improvements necessitated by a proposed land development;

(2) Reservation of sites for public areas and facilities when these sites are shown in or on the county master plan, capital improvements program, or official county map, or when the county master plan contains locational criteria for public areas and facilities;

(ii) The applicant shall be entitled to just compensation for actual loss caused by such reservation and deprivation of use. Unless a lesser amount has previously been agreed upon, just compensation shall be the fair market value of an option to purchase the site for the period of reservation. The determination of just compensation shall include consideration of the real property taxes apportioned to the site and prorated for the period of reservation. The applicant shall be compensated for the reasonable increased cost of legal, engineering, or other professional services caused by the reservation. The county shall provide, by resolution or ordinance, as the case may be, for a procedure for the payment of all compensation payable under this section.

(3) Payment of cash contributions and/or impact fees which include ten (10) percent for contingencies, for required road system improvements and/or traffic related improvements and/or drainage improvements, or other required facilities. The amount of any such contributions or impact fees shall be set by the county planning board upon the advice of the county engineer. Any and all monies received by the county shall be used only for the improvements for which they are deposited unless such improvements are not initiated for a period of ten (10) years, at which time the monies shall be transferred into a fund for county road, bridge and drainage projects;

(4) Submission of performance and maintenance guarantees, which include ten (10) percent for contingencies, to assure the satisfactory installation and maintenance of improvements. The amount of any such guarantees shall be set by the county planning board upon the advice of the county engineer;

(5) Payment of fees covering the cost of an inspection to ensure that all terms of county planning board final approval are met;

(6) Compliance with the terms and conditions of an executed cooperative regional agreement;

(7) Conformance with the regulations of all agencies having jurisdiction over the proposed land development.

d. Any additional county road rights-of-way, drainage easements or improvements to county roads or drainage facilities required by the county planning board, shall be subject to recommendations of the county engineer relating to the safety and convenience of the traveling public. In formulating such recommendations, the county engineer shall consider traffic volumes and road capacity, potential safety hazards or impediments to traffic flows caused by the development.

41. The county governing body may enter into an agreement with any person having a legal interest in property which is the subject of a development application to fulfill the requirements of this article.

42. a. The county planning board, when acting upon applications for land development approval, may grant exceptions from the requirements for land development approval as may be reasonable and within the purpose and intent of this Article, if the literal enforcement of one or more provisions of these requirements is impracticable or will result in undue hardship.

b. The county planning board may permit a deviation from a land development plan approved by the county planning board if: the deviation was caused by a change of conditions beyond the control of the developer since the date of county approval; and if the deviation would be substantially consistent with the county master plan, the official county map, and the capital improvements program; and if the deviation would not substantially alter the character of the land development or substantially impair the purpose and intent of the county land development regulations. The county planning board may amend requirements of a land development approval, or may establish new requirements of a land development approval necessitated by the deviation, pursuant to this Article.

43. a. The governing body of each county may, with the governing body of each adjacent county, negotiate and enter into a cooperative regional agreement providing for the coordinated review of applications for land development that would affect land, buildings or facilities owned or maintained by either county. This agreement shall ensure that each county is afforded an adequate opportunity to review and comment on the applications for land development in the adjacent county.

b. The governing body of each county may, with the governing body of each adjacent municipality in an adjoining county, negotiate and enter into a cooperative regional agreement providing for the coordinated review of applications for land development that would affect land, buildings or facilities owned or maintained by either the county or by the adjacent municipality. This agreement shall ensure that each jurisdiction is afforded an adequate opportunity to review and comment on the applications for land development.

c. Each cooperative regional agreement shall contain notification and/or filing procedures and requirements, and may include threshold criteria for determining which applications shall be referred to an adjacent county or municipality. Each agreement may allow the county planning board of the county in which the land development would be located to require that the applicant mitigate, to the satisfaction of the adjacent county or municipality, any impacts on a road, drainage facility and/or other land, building or facility owned or maintained by either the adjacent county or municipality. Mitigation measures may include the payment of cash contributions and/or impact fees to the adjacent county or municipality.

44. a. County planning board approval of a minor subdivision shall expire two years from the date of county approval.

b. County planning board approval of a preliminary site plan or preliminary major subdivision shall expire three years from the date of county approval or upon expiration of municipal approval, whichever occurs first. The applicant may apply to the county planning board for extensions of the preliminary approval for additional periods of at least one year, but not to exceed a total extension of tow years, provided that if the county's planning or engineering design standards have been revised, those revised standards may govern. Extensions shall begin either upon termination of county approval or municipal approval, whichever occurs first.

c. County planning approval of a final site plan or final major subdivision shall expire two years from the date of county planning board approval or upon expiration of municipal approval, whichever occurs first. The applicant may apply to the county planning board for extensions of the final approval for additional periods of at least one year, but not to exceed a total extension of three years. Granting of extensions may be subject to additional requirements established by the county planning board. Extensions shall begin either upon termination of county approval or municipal approval, whichever occurs first.

45. a. A minor subdivision plat or deed of a minor subdivision shall be filed by the applicant with the county recording officer within one hundred ninety (190) days of municipal approval.

b. A final major subdivision plat shall be filed by the applicant with the county recording officer within ninety-five (95) days of the date of the signing of the plat by the municipal officials required to sign the plat, in accordance with the Map Filing Law (N.J.S. 46:23-9.9 et seq.) unless, within such period, the plat shall have been duly filed by the applicant with the county recording officer. The county planning board may, for good cause shown by the applicant, extend the period for recording for an additional period not to exceed one hundred ninety-five (195) days from the date of signing of the plat.

c. The county recording officer shall not accept for filing any subdivision plat or minor subdivision deed unless it bears the certification of either approval of the county planning board or of review and exemption of the county planning board. This certification shall be signed by an authorized county planning board officer or staff member, indicating compliance with the provisions of this Article. In the event the county planning board fails to act on a subdivision application within the forty-five (45) day period pursuant to this article or within the mutually agreed to extension period, the subdivision shall be deemed to have county planning board approval. At the request of the applicant, the authorized county planning board officer or staff member shall attest on the subdivision plat or minor subdivision deed that the county planning board has failed to act within the required time period. If the county recording officer records any subdivision plat or minor subdivision deed that has not received county planning board approval, such recording shall be deemed null and void, and upon request of the municipality or the county, the plat or deed shall be expunged from the official record.

46. a. Any interested party aggrieved by a decision of any committee of the county planning board may file an appeal, in writing, with the county planning board within thirty (30) days of the committee's decision. The appeal to the county planning board shall be made by serving the county planning board secretary or designated staff representative, in person or by certified mail, with a notice of appeal specifying the grounds for the appeal, the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the county planning board at a regular or special public meeting within forty-five (45) days from the date of its filing, unless the appellant consents, in writing, to an extension of said period. The appeal shall be based on the record established before the committee of the county planning board which made the decision. Failure of the county planning board to conduct a hearing to conclude a review of the record, and to render a decision within the forty-five (45) day period, shall constitute a decision affirming the action of the committee.

b. Any interested party aggrieved by a decision of the county planning board may file an appeal, in writing, with the governing body within thirty (30) days of the board's decision. The appeal to the governing body shall be made by serving the director of the governing body or designated representative, in person or by certified mail, with a notice of appeal specifying the grounds for the appeal, the name and address of the appellant and the name and address of his attorney, if represented. Such appeal shall be decided by the governing body at a regular or special public meeting within forty-five (45) days from the date of its filing, unless the appellant consents, in writing, to an extension of such period. The appeal shall be based on the record established before the county planning board. Failure of the governing body to conduct a hearing to conclude a review of the record, and to render a decision within the forty-five (45) day period, shall constitute a decision affirming the action of the county planning board.

c. Notice of the hearing shall be given by the county planning board or by the governing body, as the case may be, by personal service or certified mail to the appellant; to the body from which the appeal is taken; and to appropriate government officials. Such notice shall be given at least ten days prior to the date of the hearing. The parties may submit oral and written arguments on the record at such hearing, and the appellant shall provide for a verbatim recording, and if requested, a transcript of such hearing.

d. The body conducting the hearing may reverse, remand, or affirm, with or without the imposition of conditions, the decision of the body from which the appeal is taken.

e. The affirmative vote of a majority of the full authorized membership of the body conducting the hearing shall be necessary to reverse, remand or affirm, with or without conditions, the decision of the body from which the appeal is taken.

f. Within ten (10) days after the date of its decision, the county planning board or the governing body, as the case may be, shall transmit a copy of the decision, by personal service or certified mail, to the appellant, to the body from which the appeal is taken, and to appropriate government officials. The period of time within which an appeal may be made to a court of competent jurisdiction shall run from the date that the appellant receives the decision of the county governing body.

47. a. The governing body may adopt a resolution or ordinance, as appropriate, authorizing the county planning board or any other county agency it deems appropriate to enforce land development regulation made and adopted hereunder.

b. In the event any site work has begun in connection with an application for development not approved by the county planning board, or is in violation of this article, the county may institute any appropriate action or proceedings to prevent such unlawful site work, to restrain, correct or abate such violation, or to prevent any illegal act, conduct or work in or about such premises.

48. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this act shall be judged invalid by a court of competent jurisdiction, such order or judgement shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision of clause of this act to be severable.

49. This act being necessary for the welfare of the State and its inhabitants shall be interpreted liberally to effect the purposes thereof.

50. The following sections are hereby repealed:

R.S. 40:27-1 through 6

P.L.1975, c.186, s.1 (c.40:27-1.1)

sections 1, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of P.L.1985, c.285 (C.40:27-6.1 et seq.)

51. a. Any county planning board and any committee thereof in existence on the effective date of this act shall continue to function, provided its membership is reconstituted as required by Article 2.

b. Any county master plan, capital improvements program, official county map or land development regulation in existence on the effective date of this act shall, in its current form or as amended or revised by the county, remain in effect until it is revised, amended or replaced pursuant to this act.

c. This act shall take effect immediately.

STATEMENT

This bill revises the county planning statutes.

Revises county planning statutes.