SENATE COMMUNITY AFFAIRS COMMITTEE

STATEMENT TO

SENATE, No. 1556

STATE OF NEW JERSEY

DATED: OCTOBER 28, 1996

      The Senate Community Affairs Committee reports favorably Senate Bill No. 1556.

      This bill would modify the provisions of P.L.1993, c.32 (C.40:55D-40.1 et seq.), which established a Site Improvement Advisory Board and required the adoption of Statewide site improvement standards.

      This bill would limit the applicability of those standards to engineering construction specifications as they apply to the physical infrastructure of residential developments. Engineering construction standards are defined to include technical standards such as the thickness of pavement and roadways and underground utility construction. Requirements relating to the form, function, aesthetics, character or appearance of residential developments such as the number or size of off-street parking spaces, width of streets, location of utilities or other structures, type of curbing, street grade, signs, street and site lighting, bikeways, and sidewalks are specifically excluded from the definition of engineering construction standards.

      The bill would require that the recommended standards be formulated by the board as a range of standards which reflect the diversity of the State's geography, soil types and settlement patterns. The bill would also clarify that the model application form which the board develops may be used by municipalities, but it is not mandatory that it be used statewide.

      The bill would require that the terms and concepts used by the board in the recommended standards be consistent with their usage in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).

      The bill would permit a municipality and a developer mutually to agree on a waiver of any standard if the nature of the waiver is clearly stated in writing and justified on an engineering basis. Under current law, either a municipality or a developer may seek a waiver of any site improvement standard but only if adhering to the standard would jeopardize the public health and safety.

      The bill would amend P.L.1993, c.32 (C.40:55D-40.1 et seq.) to reflect the narrowing of the law's focus to engineering construction standards.

      This bill was introduced in response to an Attorney General's letter opinion which found that the zoning authority of a municipality does not limit the authority of the Site Improvement Advisory Board and the Commissioner of Community Affairs to establish specific uniform site improvement standards as required under P.L.1993, c.32 (C.40:55D-40.1 et seq.).

      This bill is identical to Assembly, No. 331 which was favorably reported by the Assembly Local Government Committee on September 16, 1996 and is currently on second reading in the General Assembly.