ASSEMBLY, No. 1355
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman STUHLTRAGER
An Act concerning the issuance of construction permits, and amending P.L.1975, c.217.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 13 of P.L.1975, c.217 (C.52:27D-131) is amended to read as follows:
13. a. The enforcing agency shall examine each application for a construction permit. If the application conforms with this act, the code, and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and shall issue a construction permit to the applicant. Every application for a construction permit shall be granted, in whole or in part, or denied within 20 business days. If the application is denied in whole or in part, the enforcing agency shall set forth the reasons therefor in writing. If an enforcing agency fails to grant, in whole or in part, or deny an application for a construction permit within the period of time prescribed herein, such failure shall be deemed a denial of the application for purposes of an appeal to the construction board of appeals unless such period of time has been extended with the consent of the applicant. The enforcing agency may approve changes in plans and specifications previously approved by it, if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a construction permit has been issued. The construction of a building or structure shall be in compliance with the approved application for a construction permit; and the enforcing agency shall insure such compliance in the manner set forth in section 14 of this act.
The commissioner, after consultation with the code advisory board, may, for certain classes or types of occupancy posing special or unusual hazards to public safety, establish regulations designating the department as the enforcing agency for purposes of approving plans and specifications. A municipal enforcing agency shall not grant an occupancy permit for any such class or type of construction unless the applicant submits appropriate plans and specifications certified or approved by the department. Upon submission by an applicant of such certified approved plans and specifications, the enforcing agency shall recognize the approval when deciding whether to approve the application for a construction permit.
b. A construction permit, issued in accordance with the foregoing provisions, pursuant to which no construction has been undertaken above the foundation walls within [1] one year from the time of issuance, shall expire. The enforcing agency may suspend, revoke or cancel a construction permit in case of neglect or failure to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the construction permit or in the accompanying owner's statement required by subsection c. of this section.
c. Every application for a construction permit shall be accompanied by a statement, signed by the owner of the property or, if the owner is a corporation or association, an officer, director or other authorized agent of the corporation or association and certified by a resolution of the board of directors of the corporation or association, attesting that no property taxes due to the municipality in which the permit is sought, upon the property for which construction is proposed in the application, or upon adjacent and associated parcels of property under substantially the same ownership or control, and for which the owner making the application is responsible, are currently delinquent. For the purposes of this subsection, every officer and director of a corporation or association, and any person holding more than a 10 percent interest in the capital stock of the corporation or association, shall be deemed an "owner" of the property for which the permit is sought. No permit shall be issued if such attestation is not presented, or if the enforcing agency has any reasonable grounds to believe that such attestation is false.
(cf: P.L.1975, c.217, s.13)
2. This act shall take effect immediately.
STATEMENT
This bill would prevent a developer, whether an individual or the officer, director or a principal stockholder of a corporation, from obtaining building permits in any municipality where the developer, or the corporation with which he is connected, currently owes delinquent property taxes on the property under development.
The bill requires that every application for a construction permit be accompanied by a signed attestation by the owner of the property, certifying that no such tax delinquency exists. In the case of a corporation or association, the attestation must be certified by the board of directors; and every officer, director and holder of more than 10 percent interest in the corporation or association would be deemed an "owner" in regard to their responsibility under this legislation.
A construction permit would be denied if such attestation were lacking, or if the enforcing agency has reasonable grounds for believing that it is false. A construction permit that has been issued may be suspended, revoked or canceled if the attestation is subsequently found to have been false. In addition, any person involved in filing a false attestation would be subject to the penalties generally provided under the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.).
Denies construction permits when applicant is delinquent on local property taxes.