ASSEMBLY CONCURRENT RESOLUTION No. 96
STATE OF NEW JERSEY
INTRODUCED SEPTEMBER 19, 1996
By Assemblyman ARNONE
A Concurrent Resolution concerning legislative review of Department of Community Affairs regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):
1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.
2. The Legislature enacted P.L.1993, c.32 (C.40:55D-40.1 et seq.), to establish a Site Improvement Advisory Board to recommend residential site improvement standards concerned with technical determinations in order to reduce unnecessary cost in the construction process for residential dwellings.
3. The Legislature finds that insofar as the Residential Site Improvement Standards (RSIS), adopted by Chapter 21 of Title 5 of the New Jersey Administrative Code, prescribe the number and size of parking spaces required for particular types of residential uses, a municipal zoning prerogative, the regulation is not only inconsistent with the underlying legislative enactment which states that the act shall in no way limit the zoning power of the municipality (section 6 of P.L.1993, c.32; C.40:55D-40.6), but would appear to significantly detract from the municipality's exclusive power to zone which is enshrined in Article IV, Section VI, paragraph 2 and Article IV, Section VII, paragraph 11 of the New Jersey Constitution.
4. The practical effect of implementing these standards will be to determine how new residential communities will look, thereby removing the power of municipalities to make this determination. One significant example of this is the requirement imposed by the RSIS that sidewalks be provided in many situations and with few exceptions regardless of the character of the community and wishes of local residents. Other examples include width of streets and cartways, requirements for curbing, road grades, and other physical features of development.
5. The Commissioner of Community Affairs shall, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, have 30 days following transmittal of this resolution to amend or withdraw the regulation or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulation in whole or in part.
STATEMENT
This concurrent resolution embodies the finding of the Legislature that Chapter 21 of Title 5 of the New Jersey Administrative Code is inconsistent with the legislative intent in enacting P.L.1993, c.32 (C.40:55D-40.1 et seq.) in that the regulations encroach upon traditional zoning power of municipalities to determine the appearance and characteristics of their communities. The regulations are overly broad in that they are not limited to specifying technical standards, but would have the practical effect of determining the aesthetic appearance of residential development. For example, it was the intent of the Legislature in enacting P.L.1993, c.32 (C.40:55D-40.1 et seq.) that regulations be adopted setting forth technical standards for width and thickness and mix of concrete of sidewalks or thickness and compaction for parking spaces when such items are required by the municipality. Chapter 21 of Title 5 significantly exceeds this intent by mandating sidewalks and parking spaces in certain instances and establishing their size and number. The Commissioner of Community Affairs shall have 30 days following transmittal of this resolution to amend or withdraw the proposed amendment, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the proposed amendment.
Determines that regulations of DCA concerning residential site improvement standards are inconsistent with Legislative intent.