SENATE, No. 1257

STATE OF NEW JERSEY

INTRODUCED JUNE 3, 1996

By Senators SINGER, CIESLA, Matheussen and Cardinale

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

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

    1. As used in this act:

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

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

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

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

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

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

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

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

    4. This act shall take effect immediately and shall apply retroactively to all projects for which an application for development has been deemed complete prior to the effective date of this act.

STATEMENT

    This bill would provide an exemption for development projects, for which submitted applications have been deemed complete under the "Municipal Land Use Law," from State regulations or amendments to State regulations that are adopted subsequent to the completion date. The preparation of plans for submission to a planning board involves costly design services and substantial environmental reviews. In light of the significant consideration and the determination by the planning board that the plans are deemed complete, an applicant and the planning board should be able to rely upon the regulations in place at the time.

    Under the bill, a developer may opt to be covered by a subsequently adopted regulation or amendment to a regulation. The exemption provided under the bill would not apply if such an exemption from a State regulation or amendment to a State regulation would violate a federal law, rule, or regulation. It also would not apply if the project fails to commence construction within five years after adoption of the regulation or the amendment to a regulation, or if construction of the project is suspended more than five years after adoption of the regulation or the amendment of the regulation, for a period of 18 consecutive months or more.

    This bill would thus speed up the development process by limiting the State requirements that must be met to those in place at the time the application is deemed complete, other than State regulations that are required under federal law, rule, or regulation.

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