ASSEMBLY, No. 2827

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 20, 1997

 

 

By Assemblymen KELLY and DORIA

 

 

An Act concerning municipal land use and other development permit approvals, and amending, supplementing and repealing various parts of the statutory law.

 

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

 

    1. (New section) The Legislature finds and declares that:

    a. The health, safety and welfare of the State of New Jersey and its citizens are dependent on a viable, competitive State economy.

    b. It is vital to the quality of life of the citizens of the State that they be provided with good employment and housing opportunities.

    c. Creation of employment and housing opportunities requires multiple approvals and permits from a complex multi-layered, overlapping, duplicative land use regulatory structure. The complexity and uncertainty of the process make it almost impossible to predict the outcome of even the simplest applications, and the many delays throughout the approval and permitting process make it virtually impossible to anticipate the economic conditions and market preferences that will prevail when a project eventually gains all of its approvals. Today there are over 150 different permits or approvals that may be necessary to obtain permission to construct a development. On average it takes over three years to obtain the necessary development approvals and permits; but in many other states it takes only months.

    d. While each approval and permit was initially designed for a specific purpose, almost without exception new requirements have been layered atop of old, without regard to redundancy or the relevancy of programs that may have been superseded. As a result, the land use regulatory process functions as a compilation of multiple separate actions and not as one cohesive system.

    e. New Jersey is experiencing many negative economic effects from this expensive and inefficient land use regulatory structure. Although in 1980 the median price of a home in New Jersey was 7.5 percent below the national median, by 1988 the New Jersey median price was 58 percent higher than the national median. It remains today well above the national median. The hard building costs accounted for 70 percent of the cost of a new home in 1960, but today these costs constitute only about 42 percent. This inefficient structure also contributes to the very high cost of living in New Jersey which is the third highest in the nation, 20 percent above the national average.

    f. The ability to make prudent business decisions concerning development in New Jersey is seriously compromised. Artificial inflation erodes New Jersey's competitive position and retards its economic vitality. It forces tens of thousands of households into substandard dwellings, even homelessness; it increases unemployment by making the state less attractive to employers. New businesses are reluctant to locate in New Jersey, and existing businesses are leaving the state. High real estate costs impede recovery from the recession, which occurred at the beginning of the decade when 280,000 jobs were lost in New Jersey. Recovery has lagged behind the rest of the nation. At the current pace, it will still be many years before lost jobs are recovered.

    g. Although many aspects of the current regulatory structure were designed to protect the environment, New Jersey would be better able to achieve improved protection through a simplified, efficient land use regulatory process that does not alter or eliminate any of the required environmental protections afforded under existing environmental programs.

    h. Failure to correct the land use regulatory process will render other efforts to improve New Jersey's economy largely useless.

    i. The land use regulatory process requires major reform and restructuring to reduce costs and create predictability. Layers of jurisdictional authority requiring separate applications, review and permits have to be eliminated. The authority for permitting decisions under the land use regulatory process must be created within only one level of government. The new process requires one cohesive structure, without duplication in reviews and approvals, and for which there is a clear critical path for required permits and approvals.

    j. The current land use approval situation is similar to that which existed prior to the enactment of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.). At that time building construction was regulated by a multiplicity of construction codes in the State. The enactment of the "State Uniform Construction Code Act" successfully established model codes and located administration and management at the municipal level, thereby creating a nationwide precedent-setting model. Efficiencies continue to be demonstrated to this day.

    k. Since zoning power is delegated to municipalities, and since the regulatory process under the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) and P.L.1993, c.32 (C.40:55D-40.1 et seq.) providing for statewide site improvement standards, all rely upon municipal administration and management of the land use regulatory process, locally based permitting has the potential to enhance the efficiency and coherence of land use decisions.

    l. It is necessary for municipalities to create comprehensive master plans to guide growth and provide a clear framework for the regulatory process.

    m. Standards for all regulatory programs must be clear and objective so that review officials do not have undue discretion.

    n. The original statutory concept of the preliminary approval was that the application and plans would be submitted "in tentative form for discussion purposes" only. Detailed plans were to be submitted only at the time of final approval. In practice, many planning boards require plans with considerable detail, increasing the cost and slowing the process of preliminary approval. It is beneficial to return to the original concept of a less detailed preliminary application and a more detailed final application.

    o. Review officials must be free from political interference so that they fairly implement ordinances, statutes, rules and regulations.

    p. The restructured land use regulatory process must provide for consolidated review and permitting so that all competing engineering, design, and environmental factors are evaluated simultaneously to resolve conflicting policies and regulatory inconsistencies under a best management practices standard based on municipal objectives and the characteristics of the site and surrounding region.

    q. Development applications that meet legally established standards should be entitled to required approvals and permits.

 

    2. Section 3 of P.L.1975, c.291 (C.40:55D-3) is amended to read as follows:

    3. For the purposes of this act, unless the context clearly indicates a different meaning:

    The term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.

    "Administrative officer" means the clerk of the municipality, unless a different municipal official or officials are designated by ordinance or statute.

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

    "Application fee" means the municipal charge to cover the administrative processing of an application or provision of a service, but not including professional review of an application.

    "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 the application form and all accompanying documents required by ordinance, statute or regulation for approval of a permitting decision under a regulatory program.

    "Approving authority" means the planning board of the municipality and the permit review official, unless a different agency is designated by ordinance when acting pursuant to the authority of P.L.1975, c.291 (C.40:55D-1 et seq.).

    "Best management practices standards" means the resolution of conflicts among regulatory program standards through the selection of a standard that best meets the public policies and goals for the specific area and project consistent with the master plan.

    "Board of adjustment" means the board established pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69).

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

    "Cable television company" means a cable television company as defined pursuant to section 3 of P.L.1972, c.186 (C.48:5A-3).

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

    "Checklist" means a specific list that identifies all of the information that an applicant is required to submit as a complete application.

    "Circulation" means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses, and other storage buildings or transshipment points.

    "Commissioner" means the Commissioner of Community Affairs.

    "Common open space" means an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

    "Conditional use" means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board.

    "Conventional" means development other than planned development.

    "County master plan" means a composite of the master plan for the physical development of the county in which the municipality is located, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the county planning board pursuant to R.S.40:27-2 and R.S.40:27-4.

    "County planning board" means the county planning board, as defined in section 1 of P.L.1968, c.285 (C.40:27-6.1), of the county in which the land or development is located.

(cf: P.L.1991, c.412, s.1)

 

    3. Section 3.1 of P.L.1975, c.291 (C.40:55D-4) is amended to read as follows:

    3.1. "Days" means calendar days.

    "Density" means the permitted number of dwelling units per gross area of land to be developed.

    "Department" means the Department of Community Affairs.

    "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 permission may be required pursuant to this act.

    "Development regulation" means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to this act.

    "Development review charge" means the charge against an applicant's escrow account to cover the cost of professional review of an application for development or an application under regulatory programs.

    "Drainage" means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

    "Environmental commission" means a municipal advisory body created pursuant to P.L.1968, c.245 (C.40:56A-1 et seq.).

    "Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

    "Federally-related programs" means the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.) and the New Jersey Pollution Discharge Elimination System Program of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.).

    "Final application" means an application for development for which approval is sought from the permit review official that the application is in conformance with the preliminary approval, or a section thereof, and all applicable municipal regulatory program requirements.

    "Final approval" means the [official action of the planning board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees] approval of a final application.

    "Final decision" means a formal determination of the permit review official that a development application has met the requirements of a final approval, or the requirements of a specific regulatory program, or the requirements for a master permit.

    "Floor area ratio" means the sum of the area of all floors of buildings or structures compared to the total area of the site.

    "General development plan" means a comprehensive plan for the development of a planned development, as provided in section 4 of P.L.1987, c.129 (C.40:55D-45.2).

    "Governing body" means the chief legislative body of the municipality. In municipalities having a board of public works, "governing body" means such board.

    "Governmental entity" means state departments, State agencies, regional commissions, counties and their regulatory agencies, municipalities and their regulatory agencies, utility authorities, regional boards, and districts with jurisdictional authority for regulatory programs.

    "Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

    "Hearing examiner" means an official designated by the governing body to take testimony and public comments as part of the official public hearing record on an application for development.

    "Historic site" means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.

    "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 municipal agency, any person, whether residing within or without the municipality, 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.

    "Interim compliance report" means a report issued by the permit review official listing the permits and approvals which are required for a particular development and indicating the status of each. If any of the approvals listed on the report have been granted subject to conditions, the report shall state the conditions.

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

    "Local utility" means any sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

    "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.

(cf: P.L.1991, c.412, s.2)

 

    4. Section 3.2 of P.L. 1975, c.291 (C.40:55D-5) is amended to read as follows:

    3.2. "Maintenance guarantee" means any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.

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

    "Master permit" means a formal determination by the permit review official that a development application has met the requirements of final approval and all regulatory programs for either the entire development or a specified section of the development.

    "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).

    "Mayor" means the chief executive of the municipality, whatever his official designation may be, except that in the case of municipalities governed by municipal council and municipal manager the term "mayor" shall not mean the "municipal manager" but shall mean the mayor of such municipality.

    "Minor site plan" means a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42); and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

    "Minor subdivision" means a subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to section 30 of P.L.1975, c.291 (C.40:55D-42).

    "Municipality" means any city, borough, town, township or village.

    "Municipal agency" means a municipal planning board or board of adjustment, or a governing body of a municipality when acting pursuant to this act and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this act.

    "Nonconforming lot" means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

    "Nonconforming structure" means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

    "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

    "Official county map" means the map, with changes and additions thereto, adopted and established, from time to time, by resolution of the board of chosen freeholders of the county pursuant to R.S.40:27-5.     "Official map" means a map adopted by ordinance pursuant to article 5 of P.L.1975, c.291.

    "Offsite" means located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or contiguous portion of a street or right-of-way.

    "Off-tract" means not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

    "Onsite" means located on the lot in question.

    "On-tract" means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

    "Open-space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land.

(cf: P.L.1991, c.256, s.1)

 

    5. Section 3.3 of P.L.1975, c.291 (C.40:55D-6) is amended to read as follows:

    3.3. "Party immediately concerned" means for purposes of notice any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under section 7.1 of P.L.1975, c.291 (C.40:55D-12).

    "Performance guarantee" means any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in section 16 of P.L.1991, c.256 (C.40:55D-53.5), and cash.

    "Permit review official" means a person appointed by a municipality and licensed by the department to administer, review, approve and enforce applications for development and make all permitting decisions for regulatory programs in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

    "Permitting decisions" means the administration, management, processing, or any other government authorization of any development application or any permit related thereto for any regulatory program, whether that authorization is in the form of a permit, approval, license, certification, variance, waiver, letter of interpretation, agreement, executive or administrative decision, or stipulation of settlement or court order which allows a development to proceed.

    "Planned commercial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses or both and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

    "Planned development" means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

    "Planned industrial development" means an area of a minimum contiguous or noncontiguous size as specified by ordinance to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

    "Planned unit development" means an area with a specified minimum contiguous or noncontiguous acreage of 10 acres or more to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.

    "Planned unit residential development" means an area with a specified minimum contiguous or noncontiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial, or public or quasi-public uses all primarily for the benefit of the residential development.

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

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

    "Preliminary application" means an application for development for which approval is sought that the development is in overall conformance with the zoning ordinance of the municipality.

    "Preliminary approval" means an approval of a minor or major application for development or an approval of a section of a general development plan of an approved planned development, and the conferral of certain rights pursuant to sections 34, 36 and 37 of P.L.1975, c.291 (C.40:55D-46; C.40:55D-48; and C.40:55D-49) prior to final approval [after specific elements of a development plan have been agreed upon by the planning board and the applicant].

    "Preliminary floor plans and elevations" means architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.

    "Procedural decision" means a determination of the permit review official that affects or controls the processing of a development application or an application for a permitting decision under a regulatory program.

    "Public areas" means (1) public parks, playgrounds, trails, paths and other recreational areas; (2) other public open spaces; (3) scenic and historic sites; and (4) sites for schools and other public buildings and structures.

    "Public development proposal" means a master plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

    "Public drainage way" means the land reserved or dedicated for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.

    "Public open space" means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, State or county agency, or other public body for recreational or conservational uses.

    "Public utility" means any public utility regulated by the Board of Regulatory Commissioners and defined pursuant to R.S.48:2-13.

    "Quorum" means the majority of the full authorized membership of a municipal agency.

    "Regulatory programs" means: soil conservation control pursuant to R.S.4:24-1 et seq; any permit required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) any supplement adopted thereunder or rule or regulation adopted pursuant thereto; any permit required under the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) or any rule or regulation adopted pursuant thereto; any waterfront development permit issued pursuant to R.S.12:5-1 et seq.; any permit involving a "regulated activity" required under "The Wetlands Act of 1970, P.L.1970, c.272 (C.13:9A-1 et seq.); any permit involving a "regulated activity" in a freshwater wetland required under the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.); any permit involving the development or use of land in a delineated floodway or flood hazard area required under the "Floor Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.); any permit required for the construction of a realty improvement pursuant to "The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954, c.199 (C.58:11-23 et seq.); any permit required to drill a well pursuant to section 10 of P.L.1947, c.377 (C.58:4A-14); any permit or water supply allocation determination required under the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.), any supplement adopted thereunder, or rule or regulation adopted pursuant thereto; any certification, permit or approval required under the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.); any permit or approval required under the "Water Quality Planning Act," P.L.1977, c.73 (C.58:11A-1 et seq.); any approval required to build any reservoir or construct any dam pursuant to R.S.58:4-1 et seq.; any approval for shutting off or drawing off the waters of any pond, stream or lake pursuant to R.S.23:5-29; any permit required by an owner or operator of an underground storage tank facility pursuant to section 4 of P.L.1986, c.102 (C.58:10A-24); any permit or approval required pursuant to section 12 of P.L.1970, c.33 (C.13:1D-9), or any rule or regulation adopted thereunder; any construction permit required pursuant to section 2 of P.L.1975, c.232 (C.13:1D-30) or any rule or regulation adopted pursuant thereto; any access permit required pursuant to section 4 of P.L.1989, c.32 (C.27:7-92); any drainage permit or utility opening permit required in connection with a development abutting a State highway pursuant to the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-90 et al.); any permit required with regard to an improvement undertaken within the district pursuant to P.L.1968, c.404 (C.13:17-1 et seq.); any approval by the commission required pursuant to the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.); any approval required under the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any approval required under the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); any approval required in connection with water supply facilities pursuant to the "County and Municipal Water Supply Act," P.L.1989, c.109 (C.40A:31-1 et seq.); any approval required with regard to sewerage facilities pursuant to the "Municipal and County Sewerage Act," P.L.1991, c.53 (C.40A:26A-1 et seq.); any approval required by a developer pursuant to an ordinance or resolution adopted by a county governing body under chapter 27 of Title 40 of the Revised Statutes; any approval of a map filing pursuant to "the map filing law," P.L.1960, c.141 (C.46:23-9.9 et seq.) or any amendment adopted pursuant thereto;

any other municipal approvals required as a condition of final approval, including shade tree commission approvals, soil removal approvals, historic determinations, and any other municipal, county, or State approval granted under the general authority conferred by State law or municipal or county ordinances, or any other government authorization of any development application or any permit related thereto whether the authorization is in the form of a permit, approval, license, certification, variance, waiver, letter of interpretation, agreement, executive or administrative decision, or stipulation of settlement or court order which allows a development to proceed.

    "Residential cluster" means a contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

    "Residential density" means the number of dwelling units per gross acre of residential land area including streets, easements and open space portions of a development.

    "Resubdivision" means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets 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.

(cf: P.L.1995, c.364, s.1)

 

    6. Section 3.4 of P.L.1975, c.291 (C.40:55D-7) is amended to read as follows:

    3.4 "Sedimentation" means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

    "Site plan" means a development plan of one or more lots on which is shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the planning board adopted pursuant to article 6 of this act.

    "Standards of performance" means standards (1) adopted by ordinance pursuant to subsection 52d. regulating noise levels, glare, earthborne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality or (2) required by applicable Federal or State laws or municipal ordinances.

    "Street" means any street, avenue, boulevard, road, 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.

    "Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.

    "Subdivision" means the division of a lot, tract or parcel of land into two 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: (1) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size, (2) divisions of property by testamentary or intestate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) the conveyance of one 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 administrative officer to conform to the requirements of the municipal 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."

    "Substantive decision" means a determination of the permit review official that affects or controls how regulatory program standards are applied to a development application.

    "Substantive regulatory program standards" means the rules and regulations for regulatory programs which govern how a property may be developed.

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

    "Variance" means permission to depart from the literal requirements of a zoning ordinance pursuant to section 47 and subsection 29.2b., 57c. and 57d. of this act.

    "Vested rights" means (a) the right to obtain approval of a development in accordance with all substantive regulatory program standards and zoning in effect on the date the application for development is certified complete; and (b) rights which have accrued for the development of a property in accordance with approvals and permitting decisions and which are not subject to revisions or cancellation for an established period of time.

    "Waiver" means a deviation from a procedural or substantive regulatory program standard, or an application or checklist requirement.

    "Zoning permit" means a document signed by the administrative officer (1) which is required by ordinance as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and (2) which acknowledges that such use, structure or building complies with the provisions of the municipal zoning ordinance or variance therefrom duly authorized by a municipal agency


pursuant to sections 47 and 57 of this act.

(cf: P.L.1979, c.216, s.4)

 

    7. (New section) The following administrative provisions shall apply to applications for development and for permitting decisions under the regulatory programs:

    a.    Applications for development shall be classified as follows: minor, preliminary, final, and planned development.

    b.    Applications for development shall require that information be submitted as follows in support of the application:

    (1) The information required to be submitted in support of a minor application shall be shown on a minor checklist.

    (2) The information required to be submitted in support of a preliminary application shall be shown on a preliminary checklist, shall show the layout and scope of the development and demonstrate its conformance to the master plan and zoning ordinance, and shall be limited to the information prescribed in sections 34 and 36 of P.L.1975, c.291 (C.40:55D-46 and C.40:55D-48).

    (3) The information required to be submitted for general development plans in support of a planned development application shall be shown on a checklist, but shall show only the layout and scope of the development and demonstrate its conformance to the master plan and zoning ordinance, and shall be limited to the information prescribed in section 3 of P.L.1987, c.129 (C.40:55D-45.1).

    (4) The information required to be submitted in support of a final application shall be shown on a final checklist, shall be in sufficient detail to demonstrate that it is in conformance with all municipal regulatory program requirements, and shall include technical engineering documentation, plans, calculations, elevations, profiles, construction details, landscaping, lighting, parking, recreation improvements and other similar subdivision or site design elements. All such details shall be provided in a final approval application, and shall not be provided in an application for minor or preliminary approval.

    c.    The information required to be submitted in support of an application for a permitting decision under a regulatory program shall be shown on a checklist for the regulatory program.

    d.    All minor, preliminary, and planned development applications shall be filed with the approving authority; simultaneously, an additional copy of the application shall be filed with the permit review official for determination of completeness in accordance with section 5 of P.L.1984, c.20 (C.40:55D-10.3). All other applications for development and applications for permitting decisions under the regulatory programs shall be filed directly and exclusively with the permit review official.

    e.    The applicant may apply for final approval and for approval of permitting decisions under the regulatory programs as a consolidated application or as separate applications. An applicant may also apply for a permitting decision under a regulatory program prior to filing a preliminary or a final application. When the applicant files a consolidated application, the required information in support of the application may be shown on the same set of plans. Different sheets of the plans may be utilized to demonstrate compliance with specific regulatory program requirements. All background data and identifying information need not be repeated.

 

    8. Section 6 of P.L.1975, c.291 (C.40:55D-10) is amended to read as follows:

    6. a. The municipal agency shall hold a hearing [on each application for development, or] only on preliminary, minor, conditional use, variance, and planned development applications, and on adoption, revision or amendment of the master plan.

    b. The municipal agency shall make the rules governing such hearings. The municipal agency shall conduct as many special meetings as necessary in order to hear and complete consideration of the application for development within the time frames provided in P.L.1975, c.291 (C.40:55D-1 et seq.). Any maps and documents for which approval is sought at hearing shall be on file and available for public inspection at least 10 days before the date of the hearing, during normal business hours in the office of the administrative officer. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents. Copies of any reports prepared by municipal consultants shall be provided to the applicant and shall be on file and available for public inspection at least 10 days before the date of the hearing.

    c. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and issue subpenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the "County and Municipal Investigations Law," P.L.1953, c. 38 (C. 2A:67A-1 et seq.) shall apply.

    d. The testimony of all witnesses relating to an application for development , including municipal employees, experts and consultants, shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

    e. Technical rules of evidence shall not be applicable to the hearing, but the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

    f. The municipal agency shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The municipal agency shall furnish a transcript, or duplicate recording in lieu thereof, on request to any interested party at his expense; provided that the governing body may provide by ordinance for the municipality to assume the expense of any transcripts necessary for appeal to the governing body, pursuant to section 8 of this act, of decisions by the zoning board of adjustment pursuant to subsection 57d. of this act, up to a maximum amount as specified by the ordinance.

    The municipal agency, 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.

    g. The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through:

    (1) A resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development; or

    (2) A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to section 5 of the act (C. 40:55D-9) (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required by subsections h. and i. of this section (C. 40:55D-10). If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the municipality.

    h. A copy of the decision shall be mailed by the municipal agency within 10 days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge, and to all who request a copy of the decision, for a reasonable fee. A copy of the decision shall also be filed by the municipal agency in the office of the administrative officer. The administrative officer shall make a copy of such filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.

    i. A brief notice of the decision shall be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Such publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained in this act shall be construed as preventing the applicant from arranging such publication if he so desires. The municipality may make a reasonable charge for its publication. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the municipality or the applicant.

(cf: P.L.1984, c.20, s.4)

 

    9. (New section) The planning board and zoning board of adjustment may appoint hearing examiners to take testimony on specific development issues arising during the review of an application for development or on the application for development itself, and to provide reports to the full planning board or zoning board, as the case may be. The hearing examiner shall prepare a detailed report on all issues referred by the board and all comments and testimony presented. To qualify to vote on an application when the services of a hearing examiner have been used, the board members shall certify in writing to the board that they have read the hearing examiner's report. The use of hearing examiners under this section shall not extend the time limits for decisions by the planning board and zoning board of adjustment otherwise established in P.L.1975, c.291 (C.40:55D-1 et seq.) or the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill). Hearing examiners shall be appointed as provided in the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and shall be compensated by the applicant in the same manner as provided for municipal professionals in section 1 of P.L.1985, c.315 (C.40:55D-53.1), section 13 of P.L.1991, c.256 (C.40:55D-53.2), and section 3 of P.L.1995, c.54 (C:40:55D-53.2a.).

 

    10. Section 5 of P.L. 1984, c.20 (C.40:55D-10.3) is amended to read as follows:

    5. An application for development and an application for permitting decisions under regulatory programs shall be complete for purposes of commencing the applicable time period for action by a municipal agency, or by the permit review official, as the case may be, when so certified by the [municipal agency or its authorized committee or designee] permit review official. In the event that the [agency, committee or designee] permit review official does not certify the application to be complete within [45] 20 days of the date of its submission, the application shall be deemed complete upon the expiration of the [45] 20-day period for purposes of commencing the applicable time period, unless: a. the application lacks information indicated on a checklist adopted by ordinance , rule or regulation and provided to the applicant; and b. the [municipal agency or its authorized committee or designee] permit review official has notified the applicant, in writing, of the deficiencies in the application within [45] 20 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the [agency or its authorized committee] permit review official shall grant or deny the request within [45] 20 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The [municipal agency] permit review official may subsequently require correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development or permitting decision have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency or permit review official.

(cf: P.L.1984, c.20, s.5)

 

    11. (New section) Upon a determination by the permit review official that a minor, preliminary, or planned development application to the planning board or zoning board of adjustment is complete, the applicant shall have vested rights for five years against any changes in the procedures, requirements, and standards of all municipal ordinances and under all of the regulatory programs. Despite any change in any programs, procedures, requirements, or standards, the applicant shall have a right to process and obtain approval of applications for development and applications for permitting decisions under all regulatory programs, including all modifications of any such applications, except to the extent such modifications require a remand to the planning board or board of adjustment in accordance with section 33 of P.L. ...., c. .... (C. .....) (pending before the Legislature as this bill), in accordance with the rules in effect on the date the application for development is determined complete by the permit review official. The protection granted in this section shall not apply to the federally-related programs where federal law requires that new program standards be applied.

 

    12. Section 5 of P.L.1985, c.516 (C.40:55D-10.4) is amended to read as follows:

    5. An applicant shall comply with the provisions of this section whenever the applicant wishes to claim approval of his application for development for minor, preliminary, or planned development approval by reason of the failure of the municipal agency to grant or deny approval within the time period provided in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or any supplement thereto.

    a. The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to subsection a. of section 7.1 of P.L.1975, c.291 (C.40:55D-12).

    b. The applicant shall arrange publication of a notice of the default approval in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

    c. The applicant shall file an affidavit of proof of service and publication with the administrative officer[, who in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to section 35, subsection b. of section 38 or subsection c. of section 63 of P.L.1975, c.291 (C.40:55D-47; C.40:55D-50; C.40:55D-76), as the case may be]. Upon the filing of the affidavit by the applicant, the administrative officer shall refund to the applicant in full all application fees paid by the applicant.

    d. Within two business days of a written request by the applicant, the administrative officer shall send to the applicant and the permit review official a certificate stating that the application for development has been approved.

    e. Within 10 days of the mailing of the notice or publication of notice of the default approval as provided in this section, whichever occurs later, any interested party may file an appeal from the default approval with the state land use appeal board established under section 72 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    f. The failure of an interested party to file an appeal shall result in final, unconditional, unappealable default approval with regard to the application.

(cf: P.L.1985, c.516, s.5)

 

    13. Section 7.3 of P.L.1975, c.291 (C.40:55D-14) is amended to read as follows:

    7.3 Any notice made by certified mail pursuant to sections 7.1 and 7.2 of [this act] P.L.1975, c.291 (C.40:55D-12 and C.40:55D-13), section 5 of P.L.1985, c.516 (C.40:55D-10.4), and section 36 of P.L.   , c. (C. ) (pending before the Legislature as this bill) shall be deemed complete upon mailing.

(cf: P.L.1975, c.291, s.7.3)

 

    14. Section 12 of P.L.1975, c.291 (C.40:55D-21) is amended to read as follows:

    12. In the event that, during the period of approval heretofore or hereafter granted to an application for development, or to a permitting decision under a regulatory program, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive [or] , order or regulation issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this act or under any act repealed by this act, or under the act or regulations for the permitting program, as the case may be, shall be suspended for the period of time said legal action is pending or such directive or order is in effect, except that the tolling provided in this section shall not apply to the federally-related programs where federal law prescribes the duration and extension of permits.

(cf: P.L.1975, c.291, s.12)

 

    15. Section 13 of P.L.1975, c.291 (C.40:55D-22) is amended to read as follows:

    13. [a.] In the event that a developer submits an application for development or for a permitting decision under a regulatory program proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency or permit review official, as the case may be, shall process such application [for development] in accordance with this act and [municipal] applicable development regulations, and, if such application [for development] complies with [municipal] the development regulations, the municipal agency or permit review official shall approve such application conditioned on removal of such legal barrier to development.

    [b. In the event that development proposed by an application for development requires an approval by a governmental agency other than the municipal agency, the municipal agency shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency; provided that the municipality shall make a decision on any application for development within the time period provided in this act or within an extension of such period as has been agreed to by the applicant unless the municipal agency is prevented or relieved from so acting by the operation of law.]

(cf: P.L.1975, c.291, s.13)

 

    16. Section 16 of P.L.1975, c.291 (C.40:55D-25) is amended to read as follows:

    16. a. The planning board shall follow the provisions of this act and shall accordingly exercise its power in regard to:

    (1) The master plan pursuant to article 3;

    (2) [Subdivision control and site plan review] Minor, preliminary, and planned development applications pursuant to article 6;

    (3) The official map pursuant to article 5;

    (4) The zoning ordinance including conditional uses pursuant to article 8;

    (5) The capital improvement program pursuant to article 4;

    (6) Variances and certain building permits in conjunction with preliminary subdivision[,] and site plan and conditional use approval pursuant to article 7.

    b. The planning board may:

    (1) Participate in the preparation and review of programs or plans required by State or federal law or regulation;

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

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

    c. (1) In a municipality having a population of 10,000 or less, a nine-member planning board, if so provided by ordinance, shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).

    (2) In any municipality, a nine-member planning board, if so provided by ordinance, subject to voter referendum, shall exercise, to the same extent and subject to the same restrictions, all the powers of a board of adjustment; but the Class I and the Class III members shall not participate in the consideration of applications for development which involve relief pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70).

    d. In a municipality having a population of 2,500 or less, the planning board, if so provided by ordinance, shall exercise, to the same extent and subject to the same restrictions, all of the powers of an historic preservation commission, provided that at least one planning board member meets the qualifications of a Class A member of an historic preservation commission and at least one member meets the qualifications of a Class B member of that commission.

    e. In any municipality in which the planning board exercises the power of a zoning board of adjustment pursuant to subsection c. of this section, a zoning board of adjustment may be appointed pursuant to law, subject to voter referendum permitting reconstitution of the board. The public question shall be initiated through an ordinance adopted by the governing body.

(cf: P.L.1996, c.113, s.8)

 

    17. Section 28 of P.L.1975, c.291 (C.40:55D-37) is amended to read as follows:

    28. a. The governing body may by ordinance require preliminary approval of subdivision plats by resolution of the planning board and final approval by the permit review official as a condition for the filing of such plats with the county recording officer and preliminary approval of site plans by resolution of the planning board and final approval by the permit review official as a condition for the issuance of a permit for any development, except that subdivision or individual lot applications for detached one or two dwelling-unit buildings shall be exempt from such site plan review and approval; provided that the resolution of the board of adjustment shall substitute for that of the planning board whenever the board of adjustment has preliminary approval jurisdiction over a subdivision or site plan pursuant to subsection 63b. of this act.

    b. Prior to the hearing on adoption of an ordinance providing for planning board approval of either [subdivisions] preliminary subdivision or site [plans] plan applications or both or any amendment thereto, the governing body shall refer any such proposed ordinance or amendment thereto to the planning board pursuant to subsection 17a. of this act.

    c. [Each application for subdivision approval, where required pursuant to section 5 of P.L.1968, c. 285 (C. 40:27-6.3), and each application for site plan approval, where required pursuant to section 8 of P.L.1968, c.285 (C.40:27-6.6) shall be submitted by the applicant to the county planning board for review or approval, as required by the aforesaid sections, and the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.]

    The scope of planning board review and action on development applications shall be limited to the following:

    (1) Upon a determination that a minor, preliminary, or planned development application is in conformance with the zoning ordinance of the municipality, the planning board shall approve the application;

    (2) The planning board shall act on variances in accordance with the provisions of section 47 of P.L.1975, c.291 (C.40:55D-60);

    (3) The planning board shall act on conditional use applications in accordance with the provisions of section 54 of P.L.1975, c.291 (C.40:55D-67); and

    (4) The planning board may make recommendations for the consideration of the permit review official in the review of the final application.

(cf: P.L.1975, c.291, s.28)

 

    18. Section 29 of P.L.1975, c.291 (C.40:55D-38) is amended to read as follows:

    29. Contents of ordinance. An ordinance requiring preliminary approval by the planning board or final approval by the permit review official of either subdivisions or site plans, or both, shall include the following:

    a. Provisions, not inconsistent with other provisions of this act, for submission and processing of applications for development, including standards for preliminary and final approval and provisions for processing of final approval by stages or sections of development;

    b. Provisions ensuring:

    (1) Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance;

    (2) Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the official map, if any, and the circulation element of the master plan, if any, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width, or already has been shown on the master plan at the greater width, or already has been shown in greater width on the official map;

    (3) Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;

    (4) Suitable size, shape and location for any area reserved for public use pursuant to section 32 of this act;

    (5) Reservation pursuant to section 31 of this act of any open space to be set aside for use and benefit of the residents of planned development, resulting from the application of standards of density or intensity of land use, contained in the zoning ordinance, pursuant to subsection c. of section 52 of this act;

    (6) Regulation of land designated as subject to flooding, pursuant to subsection e. of section 52 of this act, to avoid danger to life or property;

    (7) Protection and conservation of soil from erosion by wind or water or from excavation or grading;

    (8) Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the "Air Safety and Hazardous Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), for any airport hazard areas delineated under that act;

    (9) Conformity with a municipal recycling ordinance required pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.16);

    (10) Conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), with respect to any State highways within the municipality;

    (11) Conformity with any access management code adopted by the county under R.S.27:16-1, with respect to any county roads within the municipality;

    (12) Conformity with any municipal access management code adopted under R.S.40:67-1, with respect to municipal streets;

    (13) Protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas, which provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection;

    (14) Conformity with the public safety regulations concerning storm water detention facilities adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1) and reflected in storm water management plans and storm water management ordinances adopted pursuant to P.L.1981, c.32 (C.40:55D-93 et al.); and

    (15) Conformity with the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to section 2 of P.L.1993, c.81 (C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source separated recyclable materials in any new multifamily housing development.

    c. Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvements as shall be found necessary, and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision or site plan by allowing the posting of performance bonds by the developer;

    d. Provisions ensuring that when a municipal zoning ordinance is in effect, a subdivision or site plan shall conform to the applicable provisions of the zoning ordinance, and where there is no zoning ordinance, appropriate standards shall be specified in an ordinance pursuant to this article; and

    e. Provisions ensuring performance in substantial accordance with the final development plan; provided that the [planning board] permit review official may permit a deviation from the final plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.

(cf: P.L.1993, c.81, s.1)

 

    19. Section 29.1 of P.L.1975, c.291 (C.40:55D-39) is amended to read as follows:

    29.1 An ordinance requiring preliminary approval by the planning board or final approval by the permit review official of either subdivisions or site plans or both may include the following:

    a. Provisions for off-tract water, sewer, drainage, and street improvements which are necessitated by a subdivision or land development, subject to the provisions of section 30;

    b. Provisions for standards encouraging and promoting flexibility, and economy in layout and design through the use of planned unit development, planned unit residential development and residential cluster; provided that such standards shall be appropriate to the type of development permitted; and provided further that the ordinance shall set forth the limits and extent of any special provisions applicable to such planned developments, so that the manner in which such special provisions differ from the standards otherwise applicable to subdivisions or site plans can be determined;

    c. Provisions for planned development:

    (1) Authorizing the planning board to grant general development plan approval to provide the increased flexibility desirable to promote mutual agreement between the applicant and the planning board on the basic scheme of a planned development and setting forth any variations from the ordinary standards for preliminary and final approval;

    (2) Requiring that any common open space resulting from the application of standards for density, or intensity of land use, be set aside for the use and benefit of the owners or residents in such development subject to section 31 of this act;

    (3) Setting forth how the amount and location of any common open space shall be determined and how its improvement and maintenance for common open space use shall be secured subject to section 31 of this act;

    (4) Authorizing the planning board to allow for a greater concentration of density, or intensity of land use, within a section or sections of development, whether it be earlier, later or simultaneous in the development, than in others;

    (5) Setting forth any requirement that the approval by the planning board of a greater concentration of density or intensity of land use for any section to be developed be offset by a smaller concentration in any completed prior stage or by an appropriate reservation of common open space on the remaining land by grant of easement or by covenant in favor of the municipality; provided that such reservation shall, as far as practicable, defer the precise location of common open space until an application for final approval is filed, so that flexibility of development can be maintained;

    (6) Setting forth any requirements for timing of development among the various types of uses and subgroups thereunder and, in the case of planned unit development and planned unit residential development, whether some nonresidential uses are required to be built before, after or at the same time as the residential uses.

    d. Provisions ensuring in the case of a development which proposes construction over a period of years, the protection of the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development.

    e. Provisions that require as a condition for local municipal approval the submission of proof that no taxes or assessments for local improvements are due or delinquent on the property for which any subdivision, site plan, or planned development application is made.

    f. Provisions for the creation of a Site Plan Review Advisory Board for the purpose of reviewing all preliminary site plan applications and making recommendations to the planning board in regard thereto.

(cf: P.L.1987, c.129, s.2)

 

    20. Section 29.2 of P.L.1975, c.291 (C.40:55D-40) is amended to read as follows:

    29.2 An ordinance requiring preliminary subdivision approval by the planning board or final subdivision approval by the permit review official pursuant to this article may also include:

    a. Provisions for minor subdivision approval pursuant to section 35 of this act; and

    b. Standards encouraging and promoting flexibility, economy and environmental soundness in layout and design in accordance with which the planning board and permit review official may approve the varying, within a conventional subdivision, of lot areas and dimensions, and yards and setbacks otherwise required by municipal development regulations in such a way that the average lot areas and dimensions, yards and setbacks within the subdivision conform to the conventional norms of the municipal development regulations; provided that such standards shall be appropriate to the type of development permitted.

(cf: P.L.1975, c.291, s.29.2)

 

    21. Section 29.3 of P.L.1975, c.291 (C.40:55D-41) is amended to read as follows:

    29.3 An ordinance requiring preliminary site plan review and approval by the planning board or final site plan review and approval by the permit review official pursuant to this article shall include and shall be limited to, except as provided in sections 29 and 29.1 of this act standards and requirements relating to:

    a. Preservation of existing natural resources on the site;

    b. Safe and efficient vehicular and pedestrian circulation, parking and loading;

    c. Screening, landscaping and location of structures;

    d. Exterior lighting needed for safety reasons in addition to any requirements for street lighting;

    e. Conservation of energy and use of renewable energy sources; and

    f. Recycling of designated recyclable materials.

(cf: P.L.1987, c.102, s.28)

 

    22. Section 30 of P.L.1975, c.291 (C.40:55D-42) is amended to read as follows:

    30. The governing body may by ordinance adopt regulations requiring a developer, as a condition for final approval of a subdivision or site plan, to pay his pro-rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. Such regulations shall be based on circulation and comprehensive utility service plans pursuant to subsections 19b.(4) and 19b.(5) of this act, respectively, and shall establish fair and reasonable standards to determine the proportionate or pro-rata amount of the cost of such facilities that shall be borne by each developer or owner within a related and common area[, which standards shall not be altered subsequent to preliminary approval]. The calculation of the developer's pro-rata share as provided in this section shall be the responsibility of the permit review official during review of the application for final approval. Where a developer pays the amount determined as his pro-rata share under protest he shall institute legal action within 1 year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

(cf: P.L.1975, c.291, s.30)

 

    23. Section 32 of P.L.1975, c.291 (C.40:55D-44) is amended to read as follows:

    32. If the master plan or the official map provides for the reservation of designated streets, public drainageways, flood control basins, or public areas within the proposed development, before approving a subdivision or site plan, the [planning board] permit review official may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The [planning board] permit review official may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of 1 year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

    The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation; provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation. The municipality shall provide by ordinance for a procedure for the payment of all compensation payable under this section.

(cf: P.L.1975, c.291, s.32)

 

    24. Section 3 of P.L.1987, c.129 (C.40:55D-45.1) is amended to read as follows:

    3. a. The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development.

    The planned development shall be developed in accordance with the general development plan approved by the planning board notwithstanding any provision of P.L.1975, c.291 (C.40:55D-1 et seq.), or an ordinance or regulation adopted pursuant thereto after the effective date of the approval.

    b. The information required to be submitted in support of a general development plan application may be shown on a single plan or plans, or may be contained in separate elements or plans, as the applicant chooses, and shall be limited to the following:

    (1) overall land use at a scale of 1 inch=200 feet, indicating the tract area, general locations of land uses included in the planned development, total number of dwelling units and amount of non-residential floor area to be provided, and general topography at contour line, with five-foot contours shown;

    (2) circulation, showing the location and types of streets, roads, and other transportation facilities, including connections with existing transportation systems outside the planned development;

    (3) open space, showing the proposed land area and location of the parks and other land areas to be set aside for conservation, recreation, and open space;

    (4) utilities, showing the location and source of sewage and water lines, stormwater management, any water tower, sewage pumping stations, or other utility features which will be needed to provide service to the site; and

    (5) environmental impact, including a general description of the vegetation, soils, wildlife, and cultural resources on the site.

    c. The term of the effect of the general development plan approval shall be determined by the planning board using the guidelines set forth in subsection [c.] d. of this section, except that the term of the effect of the approval shall not be less than 10 years from general development plan approval nor exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.).

    [c.] d. In making its determination regarding the duration of the effect of approval of the development plan, the planning board shall consider: the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capability of completing the proposed development, and the contents of the general development plan [and any conditions which the planning board attaches to the approval thereof].

(cf: P.L.1987, c.129, s.3)

 

    25. Section 5 of P.L.1987, c.129 (C.40:55D-45.3) is amended to read as follows:

    5. a. Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) may submit a general development plan to the planning board prior to the granting of preliminary approval of that development by the planning board pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46) or section 36 of P.L.1975, c.291 (C.40:55D-48).

    b. The planning board shall grant or deny general development plan approval within [95] 75 days after [submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant] the date upon which the application is determined complete by the permit review official. Failure of the planning board to act within the period prescribed shall constitute general development plan approval of the planned development. There shall be no extensions of time for the planning board to act.

    c. Planning board approval of a general development plan shall be considered planned development approval. The applicant may then file an application with the planning board for preliminary approval for the entire development or for any section or sections thereof.

(cf: P.L.1987, c.129, s.5)

 

    26. Section 7 of P.L.1987, c.129 (C.40:55D-45.5) is amended to read as follows:

    7. a. Except as provided hereunder, the developer shall be required to gain the prior approval of the planning board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area ratio of nonresidential development in any section of the planned development.

    b.    A developer, without violating the terms of the approval pursuant to this act, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space by no more than 15 percent or reduce the residential density or nonresidential floor area ratio by no more than 15 percent; provided, however, that a developer may not reduce the number of low or moderate income residential units to be provided pursuant to P.L.1985, c.222 (C.52:27D-301 et al.), or otherwise, without prior municipal approval.

    c. Any variation in the location of land uses or increase in density or floor area ratio proposed in reaction to a negative decision of, or condition of development approval imposed by, the [Pinelands Commission] permit review official pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) or [the Department of Environmental Protection pursuant to] P.L.1973, c.185 (C.13:19-1 et seq.) shall be approved by the planning board if the developer can demonstrate, to the satisfaction of the planning board, that the variation being proposed is a direct result of such determination by the [Pinelands Commission or the Department of Environmental Protection, as the case may be] permit review official.

(cf: P.L.1987, c.129, s.7)

 

    27. Section 9 of P.L.1987, c.129 (C.40:55D-45.7) is amended to read as follows:

    9. a. Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For the purposes of this section, "completion" of any section of the development shall mean that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure, as set forth in the approved general development plan and pursuant to section 15 of P.L.1975, c.217 (C.52:27D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

    If [a developer does not complete any section of the development within eight months of the date provided for in the approved plan, or if] at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality thereafter shall conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approval shall be terminated 30 days thereafter.

    b. In the event that a developer who has general development plan approval does not apply for preliminary approval for any section or sections of the planned development which is the subject of that general development plan approval within [five] ten years of the date upon which the general development plan has been approved by the planning board, the municipality shall have cause to terminate the approval.

(cf: P.L.1987, c.129, s.9)

 

    28. Section 34 of P.L.1975, c.291 (C.40:55D-46) is amended to read as follows:

    34. a. An ordinance requiring site plan review and approval shall require that the developer submit to the administrative officer and to the permit review official a site plan and such other information not to exceed that specified in subsection b. of this section as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any [engineering] other documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. [If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.]

    b. The information required to be submitted in support of a preliminary site plan application shall be limited to the following:

    (1) a narrative describing the proposed development and how it conforms with the municipal zoning ordinance and master plan;

    (2) a location map, showing the site in relationship to other land uses within one mile;

    (3) a specific development map, at the scale of 1 inch=100 feet, which shall show:

    (a) topographic information with 5 foot contours;

    (b) the location of proposed buildings and structures in sufficient detail to demonstrate the conformance of the proposed application to the zoning ordinance and the master plan;

    (c) the number and type of dwelling units and the square footage of non-residential structures, and their conformance with use, density and bulk standards;

    (d) the location of the streets and circulation layout and of parking areas;

    (e) the location of drainage basins;

    (f) the location of water and sewer facilities;

    (g) the areas of open space and recreational lands and facilities;

    (h) the location and description of site constraints, including wetlands, and flood plain information; and

    (i) property boundaries based on deed information or survey, at the applicant's option; and

    (4) any variances requested by the applicant.

    [b.]c. If the planning board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The submission of an amended application shall not extend the time period for preliminary approval provided in subsection d. of this section. The planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.

    [c.]d. Upon the submission to the administrative officer of a completed application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less the planning board shall grant or deny preliminary approval within 45 days of the date [of such submission or within such further time as may be consented to by the developer] the application is determined complete by the permit review official. Upon the submission of a completed application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within [95] 60 days of the date [of such submission or within such further time as may be consented to by the developer] the application is determined complete by the permit review official. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan. There shall be no extensions of time for the planning board to act.

    e. Planning board approval of a preliminary site plan application shall be considered preliminary approval. The applicant may then file an application with the permit review official for final approval. The preliminary approval shall be the basis for the permit review official's review of the final application. The applicant may file a final application for the entire development or for any section or sections thereof.

(cf: P.L.1984, c.20, s.8)

 

    29. Section 14 of P.L. 1979, c.216 (C.40:55D-46.1) is amended to read as follows:

    14. An ordinance requiring, pursuant to section 7.1 of P.L.1975, c.291 (C.40:55D-12), notice of hearings on applications for development for conventional site plans, may authorize the planning board to waive notice and public hearing for an application for development, if the planning board or site plan subcommittee of the board appointed by the chairman finds that the application for development conforms to the definition of "minor site plan." Minor site plan approval shall be deemed to be final approval of the site plan by the board, provided that the board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to sections 29, 29.1, 29.3 and 41 of P.L.1975, c.291 (C.40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53).

    a. Minor site plan approval shall be granted or denied within 45 days of the date [of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant] the application is determined complete by the permit review official. Failure of the planning board to act within the period prescribed shall constitute minor site plan approval. There shall be no extensions of time for the planning board to act.

    b. [Whenever review or approval of the application by the county planning board is required by section 8 of P.L.1968, c.285 (C.40:27-6.6), the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.]

    Planning board approval of a minor application shall be considered preliminary approval. The applicant may then file an application with the permit review official for final approval. The preliminary approval shall be the basis for the permit review official's review of the final application.   

    c. The zoning requirements and general terms and conditions[, whether conditional or otherwise,] upon which minor site plan approval was granted, shall not be changed for a period of [two] five years after the date of minor site plan approval. The planning board shall grant an extension of this period for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the approvals. A developer shall apply for this extension before: (1) what would otherwise be the expiration date, or (2) the 91st day after the date on which the developer receives the last of the legally required approvals from the other governmental entities, whichever occurs later.

(cf: P.L.1991, c.256, s.8)

 

    30. Section 35 of P.L.1975, c.291 (C.40:55D-47) is amended to read as follows:

    35. a. Minor subdivision. An ordinance requiring preliminary approval of subdivisions by the planning board may authorize the planning board to waive notice and public hearing for an application for development if the planning board or subdivision committee of the board appointed by the chairman find that the application for development conforms to the definition of "minor subdivision" in section 3.2 of P.L.1975, c.291 (C.40:55D-5). Minor subdivision approval shall be deemed to be [final] preliminary approval of the subdivision by the board[; provided that the board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to sections 29, 29.1, 29.2 and 41 of P.L.1975, c.291 (C.40:55D-38, C.40:55D-39, C.40:55D-40, and C.40:55D-53)]. The applicant may then file an application with the permit review official for final approval.

    b. Minor subdivision approval shall be granted or denied within 45 days of the date [of submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant] upon which the application is determined complete by the permit review official. Failure of the planning board to act within the period prescribed shall constitute minor subdivision approval and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. There shall be no extensions of time for the planning board to act.

    c. [Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.

    d.] Except as provided in subsection [f.] e. of this section, approval of a minor subdivision shall expire 190 days from the date on which the [resolution of municipal approval is adopted] permit review official grants final approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the municipal engineer and the municipal tax assessor. Any such plat or deed accepted for such filing shall have been signed by the [chairman and secretary of the planning board] permit review official. In reviewing the application for development for a proposed minor subdivision the planning board may be permitted by ordinance to accept a plat not in conformity with the "Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.); provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of said act.

    [e.] d. The zoning requirements and general terms and conditions, [whether conditional or otherwise,] upon which minor subdivision approval was granted, shall not be changed for a period of [two] five years after the date on which the resolution of minor subdivision approval is adopted[; provided that the approved minor subdivision shall have been duly recorded as provided in this section].

    [f.] e. The [planning board may] permit review official shall extend the 190-day period for filing a minor subdivision plat or deed pursuant to subsection [d.] c. of this section if the developer proves to the reasonable satisfaction of the [planning board] permit review official (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the [planning board] permit review official. The developer may apply for the extension either before or after what would otherwise be the expiration date.

    [g.] f. The planning board shall grant an extension of preliminary minor subdivision approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary minor subdivision approval or (2) the 91st day after the developer receives the last legally required approval from [other governmental entities] the permit review official, whichever occurs later.

(cf: P.L.1991, c.256, s.9)

 

    31. Section 36 of P.L.1975, c.291 (C.40:55D-48) is amended to read as follows:

    36. a. An ordinance requiring preliminary subdivision approval by the planning board shall require that the developer submit to the administrative officer and the permit review official a plat and such other information not to exceed that specified in subsection b. of this section as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met; provided that minor subdivisions pursuant to section 35 of this act shall not be subject to this section. The plat and any other [engineering] documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.

    b. The information required to be submitted in support of a preliminary subdivision application shall be limited to the following:

    (1) a narrative describing the proposed development and how it conforms with the municipal zoning ordinance and master plan;

    (2) a location map, showing the site in relationship to other land uses within one mile;

    (3) a specific development map, at the scale of 1 inch=100 feet, which shall show:

    (a) topographic information with 5 foot contours;

    (b) the location of proposed buildings and structures in sufficient detail to demonstrate the conformance of the proposed application to the zoning ordinance and the master plan;

    (c) the number and type of dwelling units and the square footage of non-residential structures, and their conformance with use, density and bulk standards;

    (d) the location of the streets and circulation layout and of parking areas;

    (e) the location of drainage basins;

    (f) the location of water and sewer facilities;

    (g) the areas of open space and recreational lands and facilities;

    (h) the location and description of site constraints, including wetlands, and flood plain information; and

    (i) property boundaries based on deed information or survey, at the applicant's option; and

    (4) any variances requested by the applicant.

    c. If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application shall be submitted and proceeded upon, as in the case of the original application for development. The submission of an amended application shall not extend the time period for preliminary approval provided for in subsection d. of this section. The planning board shall, if the proposed subdivision complies with the ordinance and this act, grant preliminary approval to the subdivision.

    [c.] d. Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the planning board shall grant or deny preliminary approval within 45 days of the date [of such submission or within such further time as may be consented to by the developer] upon which the application is determined complete by the permit review official. Upon the submission of a complete application for a subdivision of more than 10 lots, the planning board shall grant or deny preliminary approval within [95] 60 days of the date [of such submission or within such further time as may be consented to by the developer] upon which the application is determined complete by the permit review official. Otherwise, the planning board shall be deemed to have granted preliminary approval to the subdivision. There shall be no extensions of time for the planning board to act.

    e. Planning board approval of a preliminary subdivision application shall be considered preliminary approval. The applicant may then file an application with the permit review official for final approval. The preliminary approval shall be the basis for the permit review official's review of the final application. The applicant may file a final application for the entire development or for any section or sections thereof.

(cf: P.L.1984, c.20, s.9)

 

    32. Section 37 of P.L.1975, c.291 (C.40:55D-49) is amended to read as follows:

    37. Effect of preliminary approval. Preliminary approval of a major subdivision pursuant to section 36 of P.L.1975, c.291 (C.40:55D-48) or of a site plan pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46) shall, except as provided in subsection [d.] e. of this section, confer upon the applicant the following rights for a [three] five-year period from the date on which the resolution of preliminary approval is adopted:

    a. [That the general terms and conditions on which] The preliminary approval [was granted shall not be changed,] shall be exempt from any change in any regulatory program under which the preliminary approval was granted, including the requirements of any newly adopted or enacted programs, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to section 29.3 of P.L.1975, c.291 (C.40:55D-41); except that [nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety] the protection granted in this subsection shall not apply to those federally-related programs where federal law requires that new program standards be applied;

    b. That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; [and]

    c. That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years [, provided that if the design standards have been revised by ordinance, such revised standards may govern.] ;

    d. Approval and vesting periods specified in this section shall be automatically extended without any application to the planning board or zoning board of adjustment, if any municipal, county, state, regional, or utility moratorium or prohibition on development or construction, or similar delay resulting from a judicial or administrative order would prevent the applicant or owner from obtaining any necessary permitting decision or utility service, or from proceeding with construction of improvements or buildings. The tolling of approval periods and vested rights provided in this section shall extend for the period of any such moratorium or prohibition;

    e. In the case of a subdivision of or site plan for an area of 50 acres or more, the planning board may grant the rights referred to in subsections a., b., and c. of this section for such period of time, longer than [three] five years, as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, (2) economic conditions, and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the planning board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the planning board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and (2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, (3) economic conditions and (4) the comprehensiveness of the development[; provided that if the design standards have been revised, such revised standards may govern.] ;

    [e.] f. Whenever the planning board grants an extension of preliminary approval pursuant to subsection c. or [d.] e. of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date[.] ; and

    [f.] g. The planning board shall grant an extension of preliminary approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from [other governmental entities] the permit review official, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection c. or [d.] e. of this section.

(cf: P.L.1991, c.256, s.10)

 

    33. (New section) a. The permit review official may approve a final application or an application for a permitting decision under a regulatory program that differs from the preliminary approval. However, if the permit review official determines that the application for final approval or an application for a permitting decision requires a change to one of the items listed in subsection b. of this section from the preliminary approval, the permit review official shall remand the application to the planning board or to the zoning board of adjustment if the board of adjustment granted preliminary approval in accordance with section 63 of P.L.1975, c.291 (C.40:55D-76).

    b.    The permit review official shall remand to the planning board or zoning board of adjustment the following modifications:

    (1) increase in approved number of dwelling units;

    (2) change in building type that significantly affects the scope of the development;

    (3) increase in square footage of non-residential development;

    (4) decrease in approved number of low or moderate income housing units to be provided pursuant to P.L.1985, c.222 (C.52:27D-301 et al.) or otherwise;

    (5) change from conventional development to planned development or vice versa; or

    (6) need for variances not previously approved by the planning board.

    c.    In the event that the permit review official determines that an application requires remand to the planning board, the applicant shall be so advised within two business days of such determination. The applicant shall have such time as necessary to determine (1) how to modify the application to eliminate the need for remand, in which case the application shall remain with the permit review official; or (2) whether to seek amended preliminary approval from the planning board or zoning board of adjustment.

    d.    In the event that the application is remanded to the planning board for its review, the applicant shall prepare engineering or planning text and documents, as the case may be, to support the revised application.

    e.    Upon remand of an application to the planning board or zoning board of adjustment, the board's scope of review shall be limited to the specific item under remand.

    f.    The board shall schedule a hearing and render a decision on the amended application within 45 days following receipt of the amended application. There shall be no extensions of time for the board to act. The board decision shall be memorialized by resolution.

    g.    Upon the board's initial vote to approve the remanded application, the permit review official shall resume review of the application. The time for action by the permit review official shall be tolled during the period of any remand to the planning board or zoning board of adjustment.

 

    34. Section 38 of P.L.1975, c.291 (C.40:55D-50) is amended to read as follows:

    38. a. The [planning board] permit review official shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval[, the conditions of preliminary approval] and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.); provided that in the case of a planned unit development, planned unit residential development or residential cluster, the [planning board] permit review official may permit minimal deviations from the [conditions of] preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

    b. [Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant.] The permit review official shall grant or deny final approval, or issue a draft decision of approval, no later than 90 days after the date the permit review official determines that the application is complete. If the permit review official issues a draft decision, the applicant shall have the opportunity to respond to the issues indicated by the draft decision. Upon receipt of the applicant's response to all issues raised by the draft decision, the permit review official shall grant or deny final approval within 30 days. There shall be no extensions of time for the permit review official to act. Failure of the [planning board] permit review official to act within the [period] periods prescribed shall constitute final approval and a certificate of the administrative officer as to the failure of the [planning board] permit review official to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

    [Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.]

(cf: P.L.1975, c.291, s.38)

 

    35. Section 39 of P.L.1975, c.291 (C.40:55D-51) is amended to read as follows:

    39. a. The planning board when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

    b. The planning board when acting upon applications for preliminary or minor site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of an ordinance adopted pursuant to this article, if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

    c. The planning board shall have the power to review and approve or deny conditional uses or preliminary site plans simultaneously with review for preliminary subdivision approval without the developer being required to make further application to the planning board, or the planning board being required to hold further hearings. The longest time period for action by the planning board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

(cf: P.L.1975, c.291, s.39)

 

    36. (New section) a. The permit review official shall grant all applications for permitting decisions under the regulatory programs, with the exception of the federally-related programs, if the detailed drawings, applications, and specifications for the permitting decision conform to the standards established by ordinance, rule or regulation for the regulatory program.

    b.     The permit review official shall grant or deny the permitting decision under the regulatory program, or issue the certification required by subsection e. of section 59 of P.L. , c.  (C.  ) (pending before the Legislature as this bill) for the federally-related programs, or issue a draft decision of approval, no later than 90 days after the date the permit review official determines that the application is complete. If the permit review official issues a draft decision, the applicant shall have the opportunity to respond to the issues indicated by the draft decision. Upon receipt of the applicant's response to all issues raised by the draft decision, the permit review official shall grant or deny the permitting decision within 30 days. There shall be no extensions of time for the permit review official to act. Failure of the permit review official to act within the periods prescribed shall constitute approval of the permitting decision, subject to the procedure set forth in subsection c. of this section, with the exception of permitting decisions under the federally-related programs.

    c.    An applicant shall comply with the provisions of this subsection whenever the applicant wishes to claim approval of an application for a permitting decision under a regulatory program, with the exception of the federally-related programs, by reason of the failure of the permit review official to grant or deny approval as required by subsection b. of this section.

    (1) The applicant shall notify by personal service or certified mail (a) the agency with jurisdiction over the regulatory program for which the applicant asserts default approval, and (b) the municipality, that the applicant asserts a default approval due to the failure of the permit review official to act within the period prescribed.

    (2) The applicant shall file an affidavit of proof of service with the permit review official. Upon the applicant filing the affidavit, the permit review official shall refund to the applicant in full all application fees paid by the applicant for the permitting decision.

    (3) Within two business days of written request by the applicant, the permit review official shall send to the applicant a certificate stating that the application has been approved.

    (4) Within 20 days of the mailing of the notice, the relevant agency or the municipality may file an appeal from the default approval with the county land use review board established under section 65 of P.L.    , c. (C. ) (pending before the Legislature as this bill).

    (5) The failure of the agency or municipality to file an appeal shall result in final, unconditional, unappealable default approval with regard to the application or permitting decision.

 

    37. (New section) The permit review official shall issue other permits and certificates as follows:

    a.    Within 10 days after the permit review official approves the last permit or approval necessary for the development to proceed, the permit review official shall issue a master permit for the development.

    b.    Within 10 days of written request by the applicant or owner, the permit review official shall issue an interim compliance report for the development.

 

    38. Section 40 of P.L.1975, c.291 (C.40:55D-52) is amended to read as follows:

    40. a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49), [whether conditionally or otherwise,] shall not be changed for a period of [two] five years after the date on which [the resolution of] final approval is [adopted] granted; provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in section 42 of P.L.1975, c.291 (C.40:55D-54). If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in section 42 of P.L.1975, c.291 (C.40:55D-54), the [planning board] permit review official may extend such period of protection for [extensions of one year but not to exceed three extensions] an additional five years. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49) for the section granted final approval. The developer shall be protected against any changes in any regulatory program under which the final approval was granted, including the requirements of any newly adopted or enacted programs, except that the protection granted in this subsection shall not apply to the federally-related programs where federal law prescribes the duration of permits or requires that new program standards be applied.

    b. Upon commencement of any construction of site improvements or structures, the final approval shall remain valid and be protected against subsequent changes in the municipal ordinances. The developer is likewise protected against any changes in any regulatory program under which the final approval was granted, including the requirements of any newly adopted or enacted programs, except the protection granted in this subsection shall not apply to the federally-related programs where federal law requires that new program standards be applied.

    c. Approval and vesting periods specified in this section shall be automatically extended without any application to the permit review official, if any municipal, county, state, regional, or utility moratorium or prohibition on development or construction, or similar delay resulting from a judicial or administrative order, would prevent the applicant or owner from obtaining any necessary permitting decision or utility service, or from proceeding with construction of improvements or buildings. The tolling of approval periods and vested rights provided in this section shall extend for the period of any such moratorium or prohibition.

    d. In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the [planning board] permit review official may grant the rights referred to in subsection a. of this section for such period of time, longer than [two] five years, as shall be determined by the [planning board] permit review official to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the [planning board] permit review official may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the [planning board] permit review official to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.

    [c.] e. Whenever the [planning board] permit review official grants an extension of final approval pursuant to subsection a. or [b.] d. of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.

    [d.] f. The [planning board] permit review official shall grant an extension of final approval for a period determined by the [board] official but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the [board] official that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from [other governmental entities] the permit review official, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection a. or [b.] d.of this section.

(cf: P.L.1991, c.256, s.11)

 

    39. (New section) a. Should the applicant seek an approval for a permitting decision under a regulatory program independent of a preliminary or final approval, upon certification of completeness of the application by the permit review official, the applicant shall have vested rights against all changes in all procedures and standards of the regulatory program for five years from the date of certification of completeness. Upon approval by the permit review official of the permitting decision, the applicant shall have vested rights in the approval for five years from the date of approval. No change in any program, rule or regulation under which such approval was granted and no newly adopted program, rule or regulation shall affect the approval or the development. The land use review officer may extend such period of protection for an additional five years.

    b.    Upon commencement of any construction of site improvements or structures, the approval shall remain valid and be protected against subsequent changes in the regulatory program standards.

    c.    The vesting periods specified in this section shall be automatically extended without any application to the permit review official, if any municipal, county, state, regional, or utility moratorium or prohibition on development or construction, or similar delay resulting from a judicial or administrative order, would prevent the applicant or owner from obtaining any necessary permitting decision or utility service, or from proceeding with construction of improvements or buildings. The tolling of vested rights provided in this section shall extend for the period of any such moratorium or prohibition.

    d.    If the permit review official approves some permitting decisions and denies others, the rights granted in section 40 of P.L.1975, c.291 (C.40:55D-52) and in this section shall remain valid for the final approval and for all approved permitting decisions. The applicant shall have the right to reapply for approval of any permitting decisions that were denied. Existing approvals shall not be altered unless absolutely necessary for approval of revised submissions.

    e.    The protections granted in this section shall not apply to the federally-related programs where federal law prescribes the duration of permits or requires that new program standards be applied.

 

    40. (New section) Upon the receipt of final approval, but prior to filing a map in accordance with the "Map Filing Law," P.L.1960, c.141 (C.46:23-9.9 et seq.), and prior to the issuance of a construction permit, the applicant may install infrastructure improvements shown on approved plans without the posting of a performance guarantee as required in section 41 of P.L.1975, c.291 (C.40:55D-53), provided that the applicant posts the necessary inspection escrow as required by subsection h. of section 41 of P.L.1975, c.291 (C.40:55D-53).

 

    41. Section 3 of P.L.1995, c.54 (C.40:55D-53.2a) is amended to read as follows:

    3. a. An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional, including the permit review official, for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.). The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county [construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127)] land use review board established under section 65 of P.L. , c. (C. ) (pending before the Legislature as this bill) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to section 15 of P.L.1991, c.256 (C.40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the county [construction board of appeals] land use review board. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c. of section 13 of P.L.1991, c.256 (C.40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

    b. The county [construction board of appeals] land use review board shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority, and the professional involved in the appeal. Failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.

    c. The county [construction board of appeals] land use review board shall provide rules for its procedure in accordance with this section. The board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the "County and Municipal Investigations Law," P.L.1953, c.38 (C.2A:67A-1 et seq.) shall apply.     d. During the pendency of any appeal, the municipality or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this section. The chief financial officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant.If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge.

    e. The Commissioner of Community Affairs shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this section. [Within two years of the effective date of P.L.1995, c.54 (C.40:55D-53.2a et al.), the commissioner shall prepare and submit a report to the Governor, the President of the Senate, and the Speaker of the General Assembly. The report shall describe the appeals process established by section 3 of P.L.1995, c.54 (C.40:55D-53.2a) and shall make recommendations for legislative or administrative action necessary to provide a fair and efficient appeals process.]

(cf: P.L.1995, c.54, s.3)

 

    42. Section 15 of P.L.1991, c.256 (C.40:55D-53.4) is amended to read as follows:

    15. The cost of the installation of improvements for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53) shall be estimated by the municipal engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the municipal engineer's estimate to the county [construction board of appeals established under section 9 of P.L.1975, c.217 (C.52:27D-127)] land use review board established under section 65 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1995, c.54, s.2)


    43. Section 42 of P.L.1975, c.291 (C.40:55D-54) is amended to read as follows:

    42. Recording of final approval of major subdivision; filing of all subdivision plats. a. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The [planning board] permit review official may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The [planning board] permit review official may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of the [planning board] permit review official (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the [planning board] permit review official. The developer may apply for an extension either before or after the original expiration date.

    b. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the [planning board] permit review official as indicated on the instrument by the signature of the [chairman and secretary of the planning board] permit review official or a certificate has been issued pursuant to sections 35, 38, 44, 48, 54 or 63 of P.L.1975, c.291 (C.40:55D-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, 40:55D-76). The [signatures] signature of the [chairman and secretary of the planning board] permit review official shall not be affixed until the developer has posted the guarantees required pursuant to section 41 of P.L.1975, c.291 (C.40:55D-53). If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records.

    c. It shall be the duty of the county recording officer to notify the planning board and permit review official in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing, and official number.

(cf: P.L.1991, c.256, s.18)

 

    44. Section 44 of P.L.1975, c.291 (C.40:55D-56) is amended to read as follows:

    44. The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision 3 years preceding the effective date of this act, may apply in writing to the [administrative officer of the municipality] permit review official, for the issuance of a certificate certifying whether or not such subdivision has been approved by the [planning board] permit review official. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

    The [administrative officer] permit review official shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said [officer] official shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

    Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:

    a. Whether there exists in said municipality a duly established planning board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act.

    b. Whether the subdivision, as it relates to the land shown in said application, has been approved by the planning board and permit review official, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.

    c. Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this act.

    The [administrative officer] permit review official shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in R.S.54:5-14 and 54:5-15. The fees so collected by such official shall be paid by him to the municipality.

(cf: P.L.1979, c.216, s.18)

 

    45. Section 45 of P.L.1975, c.291 (C.40:55D-57) is amended to read as follows:

    45. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of section 43 of this act.

    If the [administrative officer designated to issue any such certificate] permit review official fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to section 43 of this act.

    Any such application addressed to the clerk of the municipality shall be deemed to be addressed to the [proper designated officer] permit review official and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.

(cf: P.L.1975, c.291, s.45)

 

    46. Section 48 of P.L.1975, c.291 (C.40:55D-61) is amended to read as follows:

    48. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to section 47 of this act, the planning board shall grant or deny approval of the application within [120] 60 days [after submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant] of the date on which the application is determined complete by the permit review official. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying [and] any subsequent approval shall be as otherwise provided in this act. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

    [Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period] There shall be no extensions of time for the planning board to act.

(cf: P.L.1984, c.20, s.11)

 

    47. Section 52 of P.L.1975, c.291(C.40:55D-65) is amended to read as follows:

    52. a. A zoning ordinance may:

    [a.] (1) Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.

    [b.] (2) Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources.

    [c.] (3) Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with article 6 of this act. The zoning ordinance shall establish standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may provide for the clustering of development between noncontiguous parcels and may, in order to encourage the flexibility of density, intensity of land uses, design and type, authorize a deviation in various clusters from the density, or intensity of use, established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.

    [d.] (4) Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; provided that section 41 of this act shall apply to such improvements.

    [e.] (5) Designate and regulate areas subject to flooding (1) pursuant to P.L.1972, c.185 (C.58:16A-55 et seq.) or (2) as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to P.L.1962, c.19 (C.58:16A-50 et seq.) or floodway regulations pursuant to P.L.1972, c.185 or minimum standards for local flood fringe area regulation pursuant to P.L.1972, c.185.

    [f.] (6) Provide for conditional uses pursuant to section 54 of this act.

    [g.] (7) Provide for senior citizen community housing.

    [h.] (8) Require as a condition for any approval which is required pursuant to such ordinance and the provisions of this chapter, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.

    [i.] (9) Provide for historic preservation pursuant to section 5 of P.L.1991 c.199 (C.40:55D-65.1).

    b. A zoning ordinance may include only regulations establishing use, bulk, and area requirements, as provided in subsection a. of this section. More detailed regulations shall be placed only in the subdivision and site plan ordinances.

(cf: P.L.1995, c.364, s.2)

 

    48. Section 54 of P.L.1975, c.291 (C.40:55D-67) is amended to read as follows:

    54. a. A zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developer to know their limit and extent. The planning board shall grant or deny an application for a conditional use within [95] 60 days of [submission of a complete application by a developer to the administrative officer, or within such further time as may be consented to by the applicant] the date on which the application is determined complete by the permit review official.

    b. The review by the planning board of a conditional use shall include any required site plan review pursuant to article 6 of this act. The time period for action by the planning board on conditional uses pursuant to subsection a. of this section shall apply to such site plan review. Failure of the planning board to act within the period prescribed shall constitute approval of the application and a certificate of the administrative officer as to the failure of the planning board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

    [Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time period.] There shall be no extensions of time


for the planning board to act.

(cf: P.L.1975, c.291, s.54)

 

    49. Section 60 of P.L.1975, c.291 (C.40:55D-73) is amended to read as follows:

    60. a. The board of adjustment shall render a decision [not later than 120 days after the date (1) an appeal is taken from the decision of an administrative officer or (2) the submission of a complete application for development to the board of adjustment pursuant to section 59b. of this act] in accordance with the following time schedule: (1) not later than 90 days after the date an appeal is taken from the decision of an administrative officer; (2) not later than 90 days after the date the application is determined complete by the permit review official for an application seeking preliminary approval of a subdivision plat or site plan together with a request for variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70), as provided in subsection b. of section 63 of P.L.1975, c.291 (C.40:55D-76); or (3) in the event that the developer elects to submit separate consecutive applications for variance pursuant to subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70) and for preliminary subdivision or site plan approval, as provided in subsection b. of section 63 of P.L.1975, c.291 (C.40:55D-76), not later than 60 days after the date the application is determined complete by the permit review official, for each separate application.

    b. Failure of the board to render a decision within [such 120-day period or within such further time as may be consented to by the applicant] the periods prescribed, shall constitute a decision favorable to the applicant. There shall be no extensions of time for the board of adjustment to act.

(cf: P.L.1975, c.291, s.60)

 

    50. Section 63 of P.L.1975, c.291 (C.40:55D-76) is amended to read as follows:

    63. a. Sections 59 through 62 of this article shall apply to the power of the board of adjustment to:

    (1) Direct issuance of a permit pursuant to section 25 of this act for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to section 23 of this act; or

    (2) Direct issuance of a permit pursuant to section 27 of this act for a building or structure not related to a street.

    b. The board of adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the planning board, preliminary subdivision or site plan approval pursuant to article 6 of this act or conditional use approval pursuant to section 54 of this act, whenever the proposed development requires approval by the board of adjustment of a variance pursuant to subsection d. of section 57 of this act (C.40:55D-70). The developer may elect to submit the variance and preliminary applications simultaneously or submit a separate application requesting approval of the variance and a subsequent application for [any required] preliminary approval of a subdivision, or site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of [all required subsequent] preliminary approvals by the board of adjustment. [No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning ordinance.] Board of adjustment consideration of the preliminary application shall proceed under provisions established in this act for preliminary applications before planning boards. The number of votes of board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question, and the special vote pursuant to the aforesaid subsection d. of section 57 shall not be required.

    c. Whenever an application for development [requests relief] pursuant to subsection b. of this section seeks variance and preliminary approval simultaneously, the board of adjustment shall grant or deny approval of the application within [120] 90 days after [submission by a developer of a complete application to the administrative officer or within such further time as may be consented to by the applicant] the date the application is determined complete by the permit review official. In the event that the developer elects to submit separate consecutive applications, the [aforesaid provision shall apply to the application for] board of adjustment shall grant or deny approval of the variance within 60 days after the date the application is determined complete by the permit review official. The period for granting or denying any subsequent preliminary approval shall be as otherwise provided in this act. There shall be no extensions of time for the board of adjustment to act. Failure of the board of adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the board of adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

    [Whenever review or approval of the application by the county planning board is required by section 5 of P.L.1968, c.285 (C.40:27-6.3), in the case of a subdivision, or section 8 of P.L.1968, c.285 (C.40:27-6.6), in the case of a site plan, the municipal board of adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within the required time.]

    d. If the zoning board of adjustment grants the variance and preliminary applications, the applicant shall thereafter file a final application with the permit review official in the same manner as if preliminary approval were granted by the planning board.

    An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the zoning board of adjustment shall act.

(cf: P.L.1984, c.20, s.13)

 

    51. Section 64 of P.L.1975, c.291 (C.40:55D-77) is amended to read as follows:

    64. The governing bodies of two or more municipalities, independently or with the board or boards of chosen freeholders of any county or counties in which such municipalities are located or of any adjoining county or counties or the governing body of any municipality and the board of chosen freeholders in which such municipality is located, or the boards of chosen freeholders of any two or more adjoining counties, may, by substantially similar ordinances or resolutions, as the case may be, duly adopted by each of such governing bodies within 6 calendar months after the adoption of the first such ordinance or resolution after notice and hearing as herein required, enter into a joint agreement providing for the joint administration of any or all of the powers conferred upon each of the municipalities or counties pursuant to this act. Such ordinance may also provide for the establishment and appointment of a regional planning board, a regional board of adjustment, or a joint building official, joint permit review official, joint zoning officer or other officials responsible for performance of administrative duties in connection with any power exercised pursuant to this act.

(cf: P.L.1975, c.291, s.64)

 

    52. Section 65 of P.L.1975, c.291 (C.40:55D-78) is amended to read as follows:

    65. The ordinance shall, subject to this article, set forth the specific duties to be exercised jointly; the composition, membership and manner of appointment of any regional board including the representation of each municipality or county; the qualifications and manner or appointment of any joint building official, joint permit review official, joint zoning officer or other joint administrative officer; the term of office, the manner of financing, the expenses of such joint exercise of powers, the share of financing to be borne by each county and municipality joining therein, the duration of such agreement and the manner in which such agreement may be terminated or extended.

(cf: P.L.1975, c.291, s.65)

 

    53. Section 17 of P.L.1985, c.516 (C.40:55D-85.1) is amended to read as follows:

    17. [a.] In the case of any final decision of a regional planning board or regional zoning board of adjustment approving an application for development, the [governing body of the municipality in which the land is situated which is the subject of the application for development] state land use appeal board created pursuant to section 72 of P.L. , c. (C. ) (pending before the Legislature as this bill) may hear and decide an appeal by any interested party of this approval [if the application for development is of a class of applications for development specified by ordinance as so subject to appeal]. The appeal shall be made [within 10 days of the date of publication of the final decision pursuant to subsection i. of section 6 of P.L.1975, c.291 (C.40:55D-10)] as provided in section 74 of P.L.     , c. (C. ) (pending before the Legislature as this bill). [The appeal to the governing body shall be made by serving the municipal clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. The appeal shall be decided by the governing body only upon the record established before the regional board.

    b. Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection h. of section 6 of P.L.1975, c.291 (C.40:55D-10) and to the board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at the meeting, and the governing body shall provide for verbatim recording and transcripts of the meeting pursuant to subsection f. of section 6 of P.L.1975, c.291 (C.40:55D-10.)

    c. The appellant shall, (1) within five days of service of the notice of the appeal pursuant to subsection a. hereof, arrange for a transcript pursuant to subsection f. of section 6 of P.L.1975, c.291 (C.40:55D-10) for use by the governing body and pay a deposit of $50.00 or the estimated cost of such transcription, whichever is less, or (2) within 35 days of service of the notice of appeal, submit a transcript as otherwise arranged to the municipal clerk; otherwise, the appeal may be dismissed for failure to prosecute.

    The governing body shall conclude a review of the record not later than 95 days from the date of publication of notice of the decision below pursuant to subsection i. of section 6 of P.L.1975, c.291 (C.40:55D-10) unless the applicant consents in writing to an extension of the period. Failure of the governing body to hold a hearing and conclude a review of the record below and to render a decision within the specified period shall constitute a decision affirming the action of the board.

    d. The governing body may reverse, remand, or affirm with or without the imposition of conditions the final decision of the regional board.

    e. The affirmative vote of a majority of the full authorized membership of the governing body shall be necessary to reverse, remand, or affirm with or without conditions any final action of the regional board.

    f. An appeal to the governing body shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the board from whose action the appeal is taken certifies to the governing body, after the notice of appeal shall have been filed with the board, that by reason of acts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court on application upon notice to the board from whom the appeal is taken and on good cause shown.

    g. The governing body shall mail a copy of the decision to the appellant or if represented then to his attorney, without separate charge, and for a reasonable charge to any interested party who has requested it, not later than 10 days after the date of the decision. A brief notice of the decision shall be published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. The publication shall be arranged by the applicant unless a particular municipal officer is so designated by ordinance; but nothing contained herein shall be construed as preventing the applicant from arranging the publication if he so desires. The governing body may make a reasonable charge for its publication. The period of time in which an appeal to a court of competent jurisdiction may be made shall run from the first publication, whether arranged by the municipality or the applicant.

    h. Nothing in this act shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.]

(cf: P.L.1985, c.516, s.17)

 

    54. Section 73 of P.L.1975, c.291 (C.40:55D-86) is amended to read as follows:

    73. The governing bodies of two or more constituent municipalities may provide by agreement, pursuant to procedures set forth herein, for the appointment of a joint building official, permit review official, zoning officer, planning administrative officer or any thereof, and any other personnel necessary for the enforcement of the provisions of this


act.

(cf: P.L.1975, c.291, s.73)

 

    55. Section 74 of P.L.1975, c.291 (C.40:55D-87) is amended to read as follows:

    74. The building official, permit review official, zoning office and planning administration functions, or any thereof, or a joint office shall be exercised in the same manner, to the same extent and with the same obligation to attend and report to the governing bodies, boards, communities and officials of each of the several municipalities as though such functions were exercised in each municipality separately, and all records for each of the municipalities shall be maintained separately and shall be available for public inspection pursuant to law.

    Except as otherwise provided by joint agreement, any person or persons who may hereafter be appointed as a joint building official, permit review official, zoning officer or planning administrative officer shall serve at the pleasure of the regional planning board.

(cf: P.L.1975, c.291, s.74)

 

    56. (New section) a. The governing body of each municipality shall appoint a permit review official to administer, review, approve and enforce applications for development in the municipality and make all related permitting decisions under regulatory programs.

    b.    No person shall act as a permit review official for any municipality unless the commissioner licenses such person, with the exception of New Jersey licensed professional engineers as provided in subsection b. of section 58 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    c.    The permit review official shall exercise all power and authority granted in this act. A municipality shall not reduce the permit review official's scope of authority as granted in this act.

    d.    The permit review official shall not be appointed to serve on any agency or body for which the review official administers regulatory programs under the provisions of this act.

    e.    If the municipality replaces the permit review official during the pendency of an application, the municipality shall be responsible for all time and expenses of the new permit review official to become familiar with the application, and the municipality shall not bill the applicant or charge the applicant's deposit or escrow account for any such services.

    f.    Two or more municipalities may provide by ordinance, subject to regulations established by the commissioner, for the joint appointment of a permit review official, by interlocal agreement, or the joint exercise of power as provided in article 10 of P.L.1975, c.291 (C.40:55D-77 through 40:55D-88) for the purpose of complying with and enforcing the provisions of this act.


    57. (New section) a. The permit review official shall have the following powers, duties and responsibilities:

    (1)  Convene preapplication conferences to expedite the approval process.

    (2)  Determine and certify completeness of all applications for development in accordance with section 5 of P.L.1984, c.20 (C.40:55D-10.3), and all applications under the regulatory programs in accordance with the submission requirements established under the regulatory programs.

    (3)  Review and act on applications for development seeking final approval, in accordance with the preliminary approval and recommendations of the planning board.

    (4)  Review and act on applications for permitting decisions under the regulatory programs.

    (5)  Review and issue certifications on applications for permitting decisions under the federally-related programs.

    (6)  Issue draft decisions of approval.

    (7)  Review and act on exceptions and waivers from application submission requirements and substantive standards under municipal ordinances or regulatory programs requested in or necessary for approval of any application for development or application for a permitting decision under a regulatory program.

    (8)  Determine compliance with any conditions placed on planned development or final subdivision or site plan approvals, or any permitting decision under any of the regulatory programs.

    (9)  Execute subdivision plats and site plans on behalf of the municipality.

    (10) Compile and distribute application forms and checklists for applications for development and permitting decisions under the regulatory programs,

    (11) Grant final approval if the application for development conforms with preliminary approval and meets municipal regulatory program requirements.

    (12) Issue the appropriate approval, license, or permit under the regulatory program, when an application for any permitting decision under any regulatory program, other than the federally-related programs, conforms with the standards and requirements of the regulatory program.

    (13) Issue master permits.

    (14) Prepare and issue an interim compliance report upon written request by any interested party and payment of the appropriate fee.

    (15) Base decisions only on standards contained in the regulatory programs and municipal ordinance.

    (16) Set forth the reasons for denial in writing, with specific reference to the substantive regulatory program or municipal ordinance standards on which the denial is based, if the permit review official denies an application in whole or in part.

    (17) Notify all governmental entities that have responsibility to install, provide, or inspect improvements or infrastructure relating to the application following final approval of a subdivision or site plan application.

    (18) Resolve any inconsistencies that may occur when an application requires permitting decisions under several regulatory programs which contain conflicting standards on the same issue or development impact, and make the permitting decision by applying the statewide site improvement standards duly adopted in accordance with P.L.1993, c.32 (C.40:55D-40.1 et seq.), or by applying a best management practices standard, which must be consistent with the preliminary approval, to resolve other areas of conflict.

    (19) File a copy of permitting decisions with the governmental entities having jurisdiction over the regulatory programs.

    (20) Post weekly in the municipal building a list of all final decisions rendered within the past 30 day period.

    b.    The permit review official may exercise the following powers in the performance of the powers, duties, and responsibilities established in subsection a. of this section:

    (1)  Grant approvals subject to conditions, as appropriate.

    (2)  Approve any development or plan changes, unless those changes require a remand to the planning board under section 33 of P.L. ...., c..... (C.....) (pending before the Legislature as this bill), if during the course of review the application for development is altered.

    (3) Request that the applicant supply additional information, or request that information found to be in error be corrected, or request additional detail or revisions in plans or other documents, as reasonably necessary for the permit review official to make an informed decision. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the review official.

    (4) Request additional details on the balance of the development, if an applicant requests final approval for a section or sections of a larger development, as necessary to assure that the entire development can be developed in a manner that complies with all rules under all regulatory programs. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the review official.

    (5) Accept and rely upon professional certifications in making permitting decisions and granting final approval of development applications, if the applicant's licensed professional has certified to the permit review official compliance with any standards for any permit or approval requested by the applicant.

    (6) Grant, upon application by the applicant, extensions of final approval and of permitting decisions under the regulatory programs, beyond those specified in section 40 of P.L.1975, c.291 (C.40:55D-52) and section 39 of P.L. , c. (C. ) (pending before the Legislature as this bill) for an additional period of five years.

    c.    In carrying out the duties under this act, the permit review official shall not hold public hearings on review of any final application or any permitting decision under a regulatory program unless explicitly required by the regulatory program.

 

    58. (New section) a. The position of the permit review official is hereby created as a municipally appointed, state licensed official to administer, review, approve and enforce applications for development and make all permitting decisions for regulatory programs in accordance with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

    b.    The permit review official shall be technically trained, experienced and licensed by the commissioner in accordance with the provisions of section 64 of P.L. , c. (C. ) (pending before the Legislature as this bill), except that New Jersey licensed professional engineers are recognized as having sufficient qualifications to serve as a permit review official and are exempt from the licensing requirements of section 64 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    c.    The jurisdiction and authority of the permit review official to determine completeness of applications, to grant final approval to an application for development under this act, and to make permitting decisions under the regulatory programs, shall be comprehensive and exclusive, except for the federally-related programs as provided in subsection e. of section 59 of P.L. , c. (C. ) (pending before the Legislature as this bill), and except for the appeal process from permit review official decisions as specified in this act.

 

    59. (New section) a. Notwithstanding any other statute or regulation, except as provided in subsections b., c., and e. of this section, all permitting decisions for regulatory programs shall be the responsibility of a municipally appointed, state licensed official created and appointed in accordance with the provisions of P.L. , c. (C.   ) (pending before the Legislature as this bill).

    b.    The permit review official is empowered to administer the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) in all municipalities and counties that have been certified by the Pinelands Commission pursuant to regulation. For any municipality or county not certified by the Pinelands Commission, all permitting decisions shall be made by a permit review official to be appointed and certified by the Pinelands Commission.

    c.    All permitting decisions within the Hackensack Meadowlands as defined pursuant to section 3 of P.L.1968, c.404 (C.13:17-3) shall be made by the Hackensack Meadowlands Development Commission, which shall act as the permit review official.

    d.    This act shall not give the permit review official review authority for permitting construction of a sewerage treatment plant pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.).

    e.    In consideration of the fact that the federally-related programs have been specifically delegated to and are administered by the Department of Environmental Protection, permitting decisions under the federally-related programs shall remain with the Commissioner of Environmental Protection, subject to the procedures established in this subsection. The permit review official shall initially review all applications for permitting decisions under the federally-related programs, and shall certify to the Department of Environmental Protection that in the permit review official's professional judgment the application is approvable under the rules and regulations of the applicable federally-related program. The Department of Environmental Protection shall thereupon review and act on the permit review official's certification and the application on an expedited basis.

 

    60. (New section) a. For all regulatory programs, the jurisdictional authority for promulgating substantive standards, comprehensive management plans, master plans, maps, tables, charts, diagrams, and other similar regulatory provisions shall be retained by the governmental entity established by the applicable statute, ordinance, resolution, or agreement. Any subsequent adoption or amendment of a regulatory program shall proceed under the established administrative procedure standards of the governmental entity.

    b.    Every regulatory program shall include a checklist of submission requirements, which shall be adopted by ordinance, resolution or rule, as appropriate.

    c.    The governmental entities shall cooperate with the commissioner to (1) provide additional training for permit review officials as needed, (2) clarify confusing, conflicting or contradictory provisions of regulatory programs, and (3) cooperate in administrative disciplinary action.

 

    61. (New section) If the permit review official or municipality is sued as a result of a substantive decision based on substantive regulatory program standards or other similar regulatory provisions, or based on a claim that a substantive regulatory program standard or regulatory provision constitutes a taking of property, the governmental entity with the jurisdictional authority for promulgating the regulatory substantive program standards and regulatory provisions shall substitute for the permit review official as the defendant in the litigation. Said governmental entity shall assume and provide for the defense of the litigation, shall be responsible for any monetary judgment rendered, and shall indemnify and hold harmless the permit review official or the municipality from any such liability and the expenses of the litigation.

 

    62. (New section) The permit review official may utilize supporting staff, consultants, and experts and receive support from governmental entities as follows:

    a. The municipality is authorized to hire staff for the permit review official in sufficient numbers and with appropriate expertise so that the permit review official can fulfill the duties under this act.

    b. The permit review official is authorized to retain outside experts or consultants, including governmental entities when an application requires expertise beyond the scope of the permit review official or the official's staff. All outside experts and consultants shall be appropriately licensed in their area of expertise.

    c. When the workload of the permit review official is such that the official requires additional help on a temporary basis to meet the time periods for final action specified in this act, the permit review official is authorized to retain outside experts or consultants, including governmental entities. All outside experts and consultants shall be appropriately licensed in their area of expertise.

    d. The permit review official is authorized to consult with any governmental entity for information and assistance in reviewing applications, to the extent necessary.

    e. When the permit review official uses a governmental entity as an expert or consultant, such consultation shall be informational only and shall not constitute a delegation of the permit review official's authority to review and decide all applications and permitting decisions within the permit review official's jurisdiction. Each such governmental entity shall fully cooperate with the permit review official in providing information, documentation, personnel, or facilities requested by the permit review official, and shall do so in a sufficient time frame that the permit review official can meet the time periods for final action specified in this act.

    f. When an application for development has a regional impact, the permit review official is authorized to consult with the other permit review official or officials in the regional area for information and assistance in reviewing the application. Such consultation shall be informational only and shall not constitute a delegation of the permit review official's authority to review and decide all applications and permitting decisions within the permit review official's jurisdiction.

 

    63. (New section) The operation of the office of the permit review official, staff and consultants shall be funded as follows:

    a.    The municipal governing body of each municipality shall set application fees by ordinance, in accordance with standards established by the commissioner. Flat fees may be set for certain classes of services, including but not limited to master permits, interim compliance reports, and certificates certifying approval.

    b.    The municipal governing body of each municipality shall set the initial escrow deposits required for the review of applications by ordinance, in accordance with standards established by the commissioner.

    c.    The municipal governing body of each municipality shall set the hourly rates for review charges by the permit review official, by resolution, in accordance with standards established by the commissioner.

    d.    All matters relating to the escrow accounts and the permit review official's review charges, including but not limited to administration, collection, disbursement and appeal, shall be regulated in the same manner as provided in section 41 of P.L.1975, c.291 (C.40:55D-53), section 1 of P.L.1985, c.315 (C.40:55D-53.1), sections 13 and 15 of P.L.1991, c.256 (C.40:55D-53.2, and C.40:55D-53.4) and section 3 of P.L.1995, c.54 (C.40:55D-53.2a).

    e.    The standards established by the commissioner for application fees shall reflect the following principles: (1) fees shall cover the administrative costs of processing applications; (2) there shall be no diversion of application fee revenues to unrelated municipal functions; and (3) there shall be no cross-subsidization of applicants through application fee differentials of any kind.

    f.    The standards established by the commissioner for development review charges and the initial escrow deposits to cover the costs of the permit review official in reviewing applications shall reflect the following principles: (1) to the maximum extent possible, the escrow deposit schedule and development review charges shall rely on rates that represent the cost-per-unit of a service (e.g., hourly rates for the services of consulting professionals) rather than flat fees; and (2) the system shall be self-financing, with the escrow deposits of an applicant (private or public) covering the development review charges for the review of the application.

 

    64. (New section) The commissioner shall have all the powers necessary or convenient to effectuate the purposes of this act, including, but not limited to, the following powers in addition to all others granted by this act:

    a.    To adopt, amend and repeal rules and regulations:

    (1) which may be necessary, desirable, or proper to carry out the commissioner's powers and duties under this act;

    (2) relating to the administration and enforcement of this act by permit review officials;

    (3) establishing qualifications, standards, training, examination, and licensing of all persons appointed or serving as permit review officials, including various levels of licensing for the staff, experts and consultants of permit review officials;

    (4) relating to all services and activities, licenses and approvals performed or issued by the commissioner pursuant to this act, including but not limited to review of applications for and issuance of licenses certifying an individual's qualifications to act as a permit review official, or their staff, experts and consultants, under this act;

    (5) providing for charging of and setting the range of application fees, development review charges, and escrow deposits for all services and activities carried out under this act by permit review officials, including but not limited to review of applications, permitting decisions under the regulatory programs, and review for compliance with conditions of approval.

    b.    To hold hearings and take testimony relating to any aspect or matter relating to the administration or enforcement of this act, and to render decisions thereon which shall be binding on municipalities and permit review officials.

    c.    To develop master application procedures, forms and checklists, utilizing those adopted under regulatory programs including those developed by the Site Improvement Advisory Board created pursuant to section 3 of P.L.1993, c.32 (C.40:55D-40.3), for applications for development and permitting decisions under the regulatory programs, in order to consolidate, expedite, simplify and rationalize the application and permitting process.

    d.    To take such actions as are necessary to establish and conduct educational and training programs for permit review officials, their staff, experts and consultants.

    e.    To devise and administer examinations and other means of determining qualifications for the initial licensing of permit review officials and their staff and for periodic license renewal.

    f.    To require each permit review official and staff periodically to demonstrate a working knowledge of standards and procedures, including recent changes in and additions to the Municipal Land Use Law and regulatory programs; the commissioner may accept successful completion of appropriate programs of training as proof of such working knowledge.

    g.    To monitor the compliance of municipalities, governmental entities, and permit review officials with the provisions of this act, order corrective action as may be necessary where the commissioner finds a municipality, governmental entity, permit review official, staff, consultant, or expert is failing to carry out its responsibilities under this act, appoint a permit review official if a municipality fails to do so in accordance with section 56 of P.L. , c. (C. ) (pending before the Legislature as this bill), replace a permit review official for a specific project, and dismiss a permit review official and replace the permit review official by the department or appoint a replacement permit review official where the permit review official fails to properly carry out the duties under this act.

    h.    The commissioner shall take all steps necessary and appropriate to effectuate the provisions of this act by its effective date.

 

    65. (New section) In each county there is hereby established a county land use review board as follows:

    a.    The governing body of each county shall appoint a five member land use review board. No more than three members may be members of any one political party. Board members shall be appointed for a term of four years. For the members first appointed, the appointing authority of the county shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years. Vacancies on the board shall be filled for the unexpired term.

    b.    Members must be qualified by knowledge, experience or training to perform the responsibilities of a member of the land use review board.

    c.    The land use review board may sit in panels composed of three members or as a whole board.

    d.    Expenses of the land use review board shall be paid with funds from appellant fees.

    e.    Members may be removed by the authority appointing them for cause following a hearing conducted by the commissioner in accordance with P.L.1968, c.410 (C.52:14B-1 et seq.).

    f.    The land use review board shall provide rules of procedure and forms to file appeals in accordance with this act and regulations promulgated by the commissioner.

    g.    Administrative staff for the land use review board, including but not limited to legal counsel, shall be provided by the county.

    h.    Two or more counties may join together to create a regional land use review board under rules promulgated by the commissioner.

 

    66. (New section) a. The land use review board shall have exclusive jurisdiction to review any final decision of the permit review official if an appeal is filed within 20 days of the posting of the decision pursuant to section 57 of P.L. , c. (C. ) (pending before the Legislature as this bill), except that the current system of administrative appeal shall remain in effect for permitting decisions under the federally-related programs.

    b.    If a final decision results through inaction of the permit review official, an appeal shall be filed within 20 days of applicant notification to all parties required to be notified in accordance with section 5 of P.L.1985, c.516 (C.40:55D-10.4) or section 36 of P.L. , c. (C.    ) (pending before the Legislature as this bill) that the development was deemed approved because no timely decision was made.

    c.    The land use review board shall also review any procedural or substantive or non-final decisions or requests for additional information made by the permit review official if an appeal is filed within 10 days of the date the decision is made or deemed to have been made.

    d.    The land use review board jurisdiction shall include any powers that may be necessary to effectuate its decision, judgments and orders.

    e.    Appeals shall be filed in writing using standardized forms, as provided in section 65 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    f.    Notice of appeal shall be served on the permit review official, the governmental entity with jurisdictional authority for the regulatory program subject to the appeal, and the applicant in cases of an appeal not initiated by the applicant.

    g.    All time limits set forth in this section shall be jurisdictional, and no appeal or other challenge to the decision of the permit review official shall lie in any tribunal or court in the absence of such timely appeal.

 

    67. (New section) Appeals to the land use review board may be filed only by the following parties in the circumstances indicated:

    a.    For decisions on final development applications, appeals to the land use review board may be filed by the following: (1) applicants for development; (2) governmental entities whose standards are the subject of a permitting decision; (3) persons personally, directly and seriously affected beyond general impacts of the development.

    b.    For permitting decisions under the regulatory programs, other than final approvals, appeals to the land use review board may be filed by the following: (1) applicants for development; (2) governmental entities whose standards are the subject of a permitting decision.

 

    68. (New section) The land use review board shall review the decision of the permit review official to determine whether the regulatory program standards have been correctly applied or correctly construed to the facts, or whether the appropriate standards have been applied to the development. If an appeal is taken from a final decision resulting from inaction by the permit review official, the only determination to be made by the land use review board shall be whether the permit review official did or did not act in a timely manner. If the land use review board determines that the permit review official did not act in a timely manner, the board shall affirm the default approval. The land use review board shall base its decision on the maps, plans and documents on file with the permit review official. An applicant for development may present additional testimony through witnesses or documents.

 

    69. (New section) The land use review board shall hear the appeal and render a decision thereon in accordance with the following provisions:

    a.    The land use review board shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor within 20 business days following the filing of the appeal in the case of an appeal of a procedural or substantive non-final decision or a request for additional information. The land use review board shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor within 30 business days following the filing of the appeal in the case of an appeal of a final decision, unless the applicant presents additional testimony as permitted in section 68 of P.L. , c. (C. ) (pending before the Legislature as this bill), in which case the board shall render a decision within 60 business days.

    b.    All decisions of the land use review board shall be in writing. A copy of the decision shall be forwarded by certified or registered mail to the party taking the appeal, the permit review official, the governmental entity with jurisdictional authority for the regulatory program subject to the appeal, and the applicant.

    c.    The land use review board may affirm, reverse, or modify the decision of the permit review official, or remand the matter to the official for further action.

    d.    Failure by the land use review board to hear an appeal and render and file a decision thereon within the time limits prescribed in this section shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to the Appellate Division of the Superior Court.

 

    70. (New section) The vested rights periods provided in P.L.1975, c.291 (C.40:55D-1 et seq.) and in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be tolled pending decision of the land use review board, but shall not be otherwise affected by an appeal unless the land use review board finds that the permit review official improperly failed to rule an application complete or improperly disapproved an application for development or for a permitting decision under a regulatory program, in which event the applicant's rights shall be vested from the date the application was initially filed with the permit review official.

 

    71. (New section) Review of land use review board decisions shall be limited to the following:

    a.    Decisions of the land use review board may be appealed as of right to the Appellate Division of the Superior Court, pursuant to the Rules of the Supreme Court.

    b.    An appeal of a land use review board decision shall be limited to review of errors of law; there shall be no review of factual determinations unless there was no conceivable factual basis for the decision of the land use review board.

 

    72. (New section) There is hereby established a state land use appeal board as follows:

    a.    The land use appeal board shall have statewide jurisdiction.

    b.    The land use appeal board shall consist of seven members appointed by the Governor with the advice and consent of the Senate. No more than four members may be members of any one political party. Members must represent different geographic areas of the State. Members shall be appointed for a term of four years. For the members first appointed, the Governor shall designate the appointees' terms so that one shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and two for a term of four years. Vacancies on the board shall be filled for the unexpired term.

    c.    Members shall have been admitted to the practice of law in the State for at least 10 years prior to appointment and must be qualified by knowledge, experience or training to perform the responsibilities of a member of the land use appeal board. During their service on the board members shall not engage in the practice of law or other gainful pursuit nor shall they hold other office or position of profit under this state, any other state or the United States.

    d.    The land use appeal board shall maintain a permanent location in Trenton and may hold sessions at other locations throughout the state. The state shall provide hearing rooms, chambers and offices for the land use appeal board at the required permanent location in Trenton and shall arrange for hearing rooms, chambers and offices or other appropriate facilities as necessary at other locations throughout the State.

    e.    The Governor shall assign one of the members of the land use appeal board to be the presiding member of the board. The presiding member shall, subject to the supervision of the commissioner, be responsible for the administration of the land use appeal board.

    f.    The commissioner shall appoint to serve at the commissioner's pleasure a clerk and a deputy clerk of the land use appeal board, neither of whom shall be subject to the provisions of Title 11A, Civil Service, of the New Jersey Statutes.

    g.    The land use appeal board may sit in panels composed of three members or as whole board.

    h.    The Legislature shall appropriate such funds as necessary to fund the land use appeal board, including compensation for the members of the board in amounts prescribed by the commissioner by regulation.

    i.     Members may be removed by the Governor for cause following a hearing conducted by the commissioner in accordance with P.L.1968, c.410 (C.52:14B-1 et seq.).

    j.     The land use appeal board shall provide rules of procedure and forms to file appeals in accordance with this act and regulations promulgated by the commissioner.

    k.    Administrative staff for the land use appeal board, including but not limited to legal counsel, shall be provided by the department.

    l.     Decisions of the land use appeal board shall be published in the manner directed by the commissioner.

 

 

    73. (New section) The land use appeal board shall have exclusive jurisdiction to review the following:

    a.    The validity of municipal master plans.

    b.    The validity of land development regulations, as authorized in P.L.1975, c.291 (C.40:55D-1 et seq.).

    c.    The validity of plans or substantive regulatory program standards promulgated by a governmental entity for a regulatory program.

    d.    Decisions establishing, expanding or contracting utility service or franchise areas.

    e.    Decisions granting or denying variances.

    f.    Decisions granting or denying minor approval, preliminary approval, preliminary default approval, conditional use approval, and planned development approval.

    g.    Other decisions regarding projects or developments that are the subject of any proceeding or decision described in this section, where the land use appeal board deems it appropriate, provided that the land use appeal board shall not review matters subject to review by the Council on Affordable Housing.

    h.    The land use appeal board jurisdiction shall include any powers that may be necessary to effectuate its decisions, judgments and orders.

 

    74. (New section) Appeals shall be filed with the land use appeal board within the following time frames and subject to the following procedures:

    a.    Appeals shall be filed within 30 days of the date of the decision as provided in subsections e., f., and g. of section 73 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    b.    Where a decision on a development under subsections e., f., and g. of section 73 of P.L. , c. (C. ) (pending before the Legislature as this bill) results through inaction of the planning board, zoning board of adjustment, or other governmental entity, an appeal shall be filed within 30 days of applicant notification to all parties who were entitled to receive notice of the application for preliminary approval, variance, conditional use, or planned development.

    c.    In the case of decisions under subsections a., b., c., and d. of section 73 of P.L. , c. (C. ) (pending before the Legislature as this bill) appeals may also be filed within 30 days after a decision on a request for a change in a plan or development regulation or within 90 days after submission of the request if no final action has been taken on the request.

    d.    Appeals challenging the validity of master plans or elements thereof and land development regulations, as authorized in P.L.1975, c.291 (C.40:55D-1 et seq.), or of plans or substantive regulatory program standards promulgated by a governmental entity for a regulatory program, or establishing, expanding or contracting a utility service or franchise area, as provided in subsections a., b., c., and d. of section 73 of P.L. , c. (C. ) (pending before the Legislature as this bill), may be filed at any time, there being no requirement that a request for a change be first filed with the governmental entity.

    e.    Appeals shall be filed in writing using standardized forms, as provided in section 72 of P.L. , c. (C. ) (pending before the Legislature as this bill).

    f.    Notice of appeal must be served on the official or governmental entity that made the decision being challenged, and the developer or applicant in cases of an appeal not initiated by the developer or applicant.

    g.    All time limits set forth in this section shall be jurisdictional, and no appeal or other challenge shall lie in any tribunal or court in the absence of such timely appeal.

 

    75. (New section) a.         Appeals to the land use appeal board challenging the validity of master plans, land development regulations, or substantive regulatory program standards, as provided in subsections a., b., and c. of section 73 of P.L. , c. (C. ) (pending before the Legislature as this bill), may be filed by any interested party.

    b.    Appeals to the land use appeal board on utility service or franchise areas, variances, minor approvals, preliminary approvals. conditional uses, planned developments, and other decisions deemed appropriate by the land use appeal board, as provided in subsections d., e., f., and g. of section 73 of P.L. , c. (C. ) (pending before the Legislature as this bill), may be filed by the following: (1) applicants for development; (2) governmental entities whose standards are the subject of a permitting decision; (3) persons personally, directly and seriously affected beyond general impacts of the development or decision.

 

    76. (New section) a. The land use appeal board shall hear the appeal and base its decision only on the record supporting the decision being appealed. No further testimony shall be required or permitted for any matters for which there is a record of proceedings, including sworn testimony.

    b.    For appeals in which there is no record of proceedings below, the land use appeal board shall receive: (1) information of which judicial notice would be taken in a judicial proceeding; (2) official and duly adopted functional plans and construction programs; (3) expert reports pursuant to rules to be established by the land use appeal board; and (4) additional testimony to be taken in accordance with regulations established by the commissioner with the approval of the land use appeal board.

    c.    If an appeal is taken from a final decision resulting from inaction by the planning board, zoning board of adjustment or other governmental entity, the only determination to be made by the land use appeal board shall be whether the board or entity did or did not act in a timely manner. If the land use appeal board determines that the board or entity did not act in a timely manner, the land use appeal board shall affirm the default approval.

 

    77. (New section) a. The land use appeal board shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor within 75 business days following the filing of the appeal.

    b.    All decisions of the land use appeal board shall be in writing. A copy of the decision shall be forwarded by certified or registered mail to the party taking the appeal, the permit review official, the governmental entity with jurisdictional authority for the regulatory program subject to the appeal, and the developer or applicant.

    c.    The land use appeal board may affirm, reverse, or modify the decision of the planning board, zoning board of adjustment, or other governmental entity, or remand the matter for further action.

    d.    The land use appeal board, in all causes within its jurisdiction, and subject to law, may grant legal and equitable relief so that all matters in controversy between the parties may be completely determined.

    e.    Failure by the land use appeal board to hear an appeal and render and file a decision thereon within the time limits prescribed in this section shall be deemed a denial of the appeal for purposes of a complaint, application or appeal to the Appellate Division of the Superior Court.

 

    78. (New section) The vested rights periods provided in P.L.1975, c.291 (C.40:55D-1 et seq.) and in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be tolled pending decision of the land use appeal board, but shall not be otherwise affected by an appeal unless the land use appeal board finds that the planning board, zoning board of adjustment or other governmental entity improperly disapproved an application for development, in which event the applicant's rights shall be vested from the date the application was initially filed with the permit review official.

 

    79. (New section) Judgments of the land use appeal board may be appealed to the Appellate Division of the Superior Court.

 

    80. (New section) a. All existing approvals shall be governed by statutes, ordinances, and regulations existing prior to the effective date of this act.

    b.    All applications in process on the effective date of this act shall be governed by the provisions of this act as follows:

    (1)  Those applications which have received minor or preliminary planning board approval shall submit applications to the permit review official for all remaining approvals.

    (2)  Applications for preliminary approval which are pending before the planning board on the effective date of this act may, at the applicant's option, remain before the planning board, and upon receipt of preliminary approval, proceed as in paragraph (1) of this subsection, or the applicant may withdraw the pending application and submit a preliminary application to the planning board for review and action in accordance with the provisions of this act.

    (3)  Applications for permitting decisions under regulatory programs which are pending before governmental entities on the effective date of this act may, at the applicant's option, remain before the governmental entity until the permitting decision is received, or the applicant may withdraw the pending application and submit the application to the permit review official for review and action in accordance with the provisions of this act.

    (4)  Applications for final approval which are pending before the planning board on the effective date of this act may, at the applicant's option, remain before the planning board, or the applicant may withdraw the pending application and submit a final application to the permit review official for review and action in accordance with the provisions of this act.

 

    81. The following statutes are hereby repealed:

    Section 8 of P.L.1975, c.291 (C.40:55D-17)

    Section 4 of P.L.1987, c.129 (C.40:55D-45.2)

    Section 6 of P.L.1987, c.129 (C.40:55D-45.4)

    Section 8 of P.L.1987, c.129 (C.40:55D-45.6)

 

    82. This act shall take effect one year next following the date of enactment.

 

STATEMENT

 

    This bill is intended to streamline the existing development review process in order to expedite development approval and thereby achieve significant economies in construction costs throughout the State in all sectors of the building economy. Not only does the bill address approvals required on the part of builders from municipalities, but any approval necessary in order to undertake construction, regardless of which governmental entity issues the approval. In order to fulfill these broad objectives, the bill significantly changes the manner in which development approval would be carried out in the future.

    Specifically, the bill establishes a new position within the municipality, referred to as the "permit review official," who is appointed by the municipality and licensed by the Department of Community Affairs to administer, review, approve and enforce applications for development and make all permitting decisions for "regulatory programs." The bill defines regulatory programs very broadly to include any approval which current law requires as a prerequisite for a developer to obtain a construction permit. Not only does this include municipal site plan and subdivision approval and any required county approval, but all approvals issued by the Department of Environmental Protection, Pinelands Commission, Hackensack Meadowlands Development Commission, Department of Transportation, county and municipal utilities and sewerage authorities, shade tree commissions, and any other approval granted under the general authority conferred by State law or municipal or county ordinances, or any other government authorization of any development application or any permit related thereto.

    The bill requires that any application for development be classified as minor, preliminary, final or a planned development. The bill prescribes the information which must be submitted in connection with each development depending upon the type of classification which it receives and requires that the information required be shown on a checklist. An applicant is required to file a copy of a development application determined to be a minor, preliminary or planned development application with the approving authority and the permit review official for determination of completeness in accordance with section 5 of P.L.1984, c.20 (C.40:55D-10.3). Once the permit review official determines that the application is complete, the applicant shall have vested rights for five years against any changes in the procedures, requirements, and standards of all municipal ordinances and under all of the regulatory programs. The only exception to this vesting is federal law which requires that new program standards be applied. All other applications for development and applications for permitting decisions under the regulatory programs shall be filed directly and exclusively with the permit review official.

    The bill provides very specific parameters within which information may be solicited of developers in connection with any development application. In connection with an application for preliminary site plan approval, for example, section 28 of the bill limits the information required to be submitted to: (1) a narrative describing the proposed development and its conformance with the municipal zoning ordinance and master plan; (2) a location map, showing the site in relationship to other land uses within one mile; and (3) a specific development map, at the scale of 1 inch = 100 feet, which shall show topographic information; the location of proposed buildings and structures; and six other pertinent pieces of information. Similarly, section 31 of the bill sets forth the information required to be submitted in support of a preliminary subdivision application.

    Section 24 of the bill sets forth five categories of information which may be requested of an application submitting a general development plan application: specifically, the scale of the land use map and pertinent physical details of the planned development; circulation; open space; utilities; and environmental impact. The bill establishes 10 years from the date of final approval of the first section of a planned development as the minimum period within which general development plan approval shall be effective; under current law, there is a 20 year maximum effective period, but no minimum.

    The bill increases from three to five years the period within which a developer is held harmless from any change in any regulatory program under which the preliminary approval was granted, including the requirements of any newly adopted or enacted programs. Under current law, the general terms and conditions on which preliminary approval was granted shall prevail for three years from the date on which the resolution of preliminary approval is adopted, and a developer is not explicitly held harmless from a change in the requirements of any newly adopted or enacted program. Additionally, the bill grants these approval and vesting periods without application to the planning board or zoning board.

    The bill provides for the establishment of the position of the permit review official, who shall be technically trained, experienced and licensed by the Commissioner of Community Affairs; the bill exempts New Jersey licensed professional engineers from licensing requirements otherwise applicable to these officials.

    Unlike current law, the municipal agency is required to hold a hearing on each application for development; this bill would require the municipal agency to hold hearings only on preliminary, minor, conditional use, variance and planned development applications and on adoption, revision or amendment of the master plan. The bill constrains the planning board's scope of review and action on development applications, limiting its purview to a determination as to whether the development application is in conformance with the zoning ordinance of the municipality. The planning board is authorized, however, to make recommendations for the consideration of the permit review official in the review of the final application.

    The bill authorizes planning and zoning boards to appoint hearing examiners to take testimony on specific development issues arising during the review of an application for development and to finance the professional costs which arise therefrom using the moneys held in escrow, as provided for under existing law.

    The bill grants the power to grant final approval of a development application to the permit review official, who makes the determination as to whether the application is in conformance with the preliminary approval or a section thereof, and all applicable municipal regulatory program requirements. The calculation of the developer's pro-rata share is the responsibility of the permit review official during review of the application for final approval.

    In addition to these myriad changes in the way in which land use decisions are made, the bill also establishes a land use review board which shall have exclusive jurisdiction to review any final decision of the permit review official.

 

 

                             

Streamlines development approval process.