[First Reprint]

ASSEMBLY, No. 2091

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Assemblyman CORODEMUS

An Act concerning the exemption of pending development projects from certain rules and supplementing P.L.1968, c.410 (C.52:14B-1 et seq.).

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

    1. As used in this act:

    "Application for development" means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to section 25 or section 27 of P.L.1975, c.291 (C.40:55D-34 or C.40:55D-36); and

    "Commence construction" means to begin on-site construction, including site preparation.

    2. Upon the effective date of this act, a project for which an application for development has been deemed complete pursuant to section 5 of P.L.1984, c.20 (C.40:55D-10.3) shall be exempt from the provisions of any rule, or any amendment to a rule, adopted by a State agency subsequent to the date that the application for development is deemed complete.

    3. Notwithstanding the provisions of section 2 of this act, a project shall not be exempted from a rule, or an amendment to a rule, adopted subsequent to the date the application is deemed complete if:

    a. the exemption of that project would violate a mandatory requirement of an applicable federal law, rule, or regulation;

    b. the project fails to commence construction within five years after adoption of the rule or the amendment to a rule;

    c. the project suspends construction more than five years after adoption of the rule or the amendment to a rule, for a period of 18 consecutive months or more; ¹[or]¹

    d. the developer of the project elects, at the developer's sole option, to be subject to the rule or the amendment to a rule. An agency shall not condition the grant or denial of any permit, approval, or other benefit or burden upon an election by the project developer to be subject to any rule or amendment to a rule ¹[.] ; or

    e. the rule, or amendment to the rule, is adopted to implement the provisions of the "New Residential Construction Off-Site Conditions Disclosure Act," P.L. 1995, c.253 (C.46:3C-1 et seq.).¹

    4. This act shall take effect immediately and shall apply retroactively to all projects for which an application for development has been deemed complete ¹within one year¹ prior to the effective date of this act ¹[.] , except that this act shall not apply to any rule, or an amendment to a rule, adopted to implement the provisions of the "New Residential Construction Off-Site Conditions Disclosure Act," P.L. 1995, c.253 (C.46:3C-1 et seq.).¹

Provides exemption from all new or amended State rules for projects deemed complete at time of adoption of rule or rule change.