SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No. 824

STATE OF NEW JERSEY

DATED: JUNE 3, 1996

      The Senate Community Affairs Committee reports without recommendation Senate Bill No.824.

      This bill would provide that a variance involving an inherently beneficial use may be granted only if an applicant that is not a health care facility demonstrates that the proposed use uniquely and peculiarly serves the public welfare at a particular site and will not be a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance.

      The bill would further clarify that there must be an independent showing that a variance involving an inherently beneficial use can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning ordinance. The bill would narrow the definition of “inherently beneficial use” as a use which uniquely and peculiarly serves the public welfare at a particular site, except with regard to an application made by a health care facility, in which case “inherently beneficial use” would be defined as a use that by its essential nature or character serves the public good and promotes the general welfare.