SENATE COMMUNITY AFFAIRS COMMITTEE
STATEMENT TO
SENATE, No. 1020
STATE OF NEW JERSEY
DATED: JUNE 5, 1997
The Senate Community Affairs Committee reports favorably Senate Bill No. 1020.
This bill would amend the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) as follows:
Sections 1 and 8 would amend section 3.2 of P.L.1975, c.291 (C.40:55D-5) and section 30 of P.L.1975, c.291 (C.40:55D-42) to resolve an inconsistency concerning land improvements associated with subdivision and site plan approvals. In Cameron & Cameron Inc. v. Planning Board of the Township of Warren, 250 N.J. Super. 296 (App. Div. 1991), the court observed that the headnote of section 30 of P.L.1975, c.291 (C.40:55D-42) referenced "off-tract" improvements as being subject to a pro-rata formula, whereas the body of that section referenced improvements located "outside the property limits" - a slightly broader category. Additional confusion resulted from the imprecision of the phrase "contiguous portion of a street or right-of-way" which is found in the definitions of off-site, off-tract and on-tract. To remedy this situation, the bill inserts the term "off-tract" within the body of section 30 of P.L.1975, c.291 (C.40:55D-42), thereby making it consistent with the definitional section. Additionally, the definitions of off-site, off-tract, on-site and on-tract are altered generally by replacing the reference to a "contiguous portion" of a street by the more precise "closest half of the abutting street".
Section 1 would also define the term "municipal resident" as a person who is domiciled in the municipality.
Section 2 would amend subsection g. of section 6 of P.L.1975, c.291 (C.40:55D-10) to clarify that if only one member who voted for an action taken by a municipal planning or zoning board attends a subsequent meeting at which a memorializing resolution is presented, the vote of that single member shall be sufficient to adopt the resolution. The provision is not intended to change quorum requirements for the subsequent meeting, but only to clarify the number of votes required to adopt a memorializing resolution. This change responds to Patel v. Planning Board, 258 N.J. Super. 437 (Law Div. 1992) in which the judge ruled that the vote of one such member was not sufficient.
Section 2 would also amend section 6 of P.L.1975, c.291 (C.40:55D-10) to provide that a municipality furnishing a transcript or tape of the proceedings to an interested party may not charge the interested party more than the actual cost of preparation of the transcript or tape. This change was necessitated by the fact that court reporters doing work outside of court charge at a higher rate than the rate prescribed by N.J.S.2A:11-15.
Section 3 would expand section 9 of P.L.1979, c.216 (C.40:55D-10.2) to provide, with reference to continuing applications, that members who may not have been members at the time of a particular hearing may vote if the matter is pending and the new member reads the transcript or listens to a recording of the prior hearing.
Section 4 would clarify the notice provisions of section 7.1 of P.L.1975, c.291 (C.40:55D-12) as to appeals of determinations of administrative officers pursuant to paragraph (a) of section 57 of P.L.1975, c.291 (C.40:55D-70), and requests for interpretation pursuant to paragraph (b) of that section. In both cases, an option is given to the municipality to require statutory notice by enacting a procedural ordinance. In addition, section 4 would clarify that notice pursuant to the section being amended would be required for extensions of more than five years granted pursuant to subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52), and for the modification or elimination of significant conditions in a resolution in those instances where the original application required the provision of public notice.
Section 5 would clarify that all members of planning boards, except for Class II members, must be municipal residents.
Section 6 would: clarify the right of alternate members of a planning board to participate in all matters; require alternate members to be municipal residents; and provide that the participation of alternates in all matters does not change current quorum requirements.
Section 7 would amend section 15 of P.L.1975, c.291 (C.40:55D-24) to make uniform the provisions governing planning boards and boards of adjustment with regard to governmental appropriations. The language proposed to be added to this section corresponds with the language found in section 58 of P.L.1975, c.291 (C.40:55D-71). In addition, this section would preclude an alternate member from serving as the chairman or vice-chairman of the planning board.
Section 9 would amend section 56 of P.L.1975, c.291 (C.40:55D-69) to: clarify the right of alternate members of a board of adjustment to participate in all matters; require all zoning board members and alternates to be municipal residents; specify that the chairman and vice-chairman must be elected from the regular members; and provide that the participation of alternates in all matters does not effect current quorum requirements.