SENATE, No. 1902
STATE OF NEW JERSEY
INTRODUCED MARCH 10, 1997
By Senator SCOTT
An Act authorizing municipalities to establish procedures for development review of major projects proximate to municipal boundaries and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Intermunicipal Development Impact Protection Act."
2. The Legislature hereby finds and declares that:
a. Whereas the municipal power to zone which is enshrined in the New Jersey Constitution ensures that local residents have an unparalleled degree of influence over the character of the communities they live in, it leaves unresolved the issue of how to assure that those residents who live near municipal boundaries are not adversely affected by major developments situated in adjacent municipalities;
b. Although this dilemma has always been inherent in reserving zoning power to municipalities, it has been exacerbated by the continuing development of the State, the consumption of the remaining developable land, and a continuing increase in the rate of development on municipal boundaries, resulting in an alarming increase in the number of intermunicipal disputes over proposed major developments;
c. It is unlikely that this trend will reverse itself anytime soon or that government will be able to mitigate the adverse impacts of development through public spending;
d. Because of increasing concerns on the part of residents about traffic, air and water pollution and other impacts that do not observe municipal boundaries, and because municipalities are in competition with one another for ratables and therefore unlikely to cooperate with one another without some intervention by higher levels of government, it is incumbent upon the Legislature to recognize this problem and to provide some mechanism for intermunicipal cooperation.
3. As used in this act:
"Affected municipality" means a municipality which adopts an ordinance pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) declaring a development in an adjacent municipality to be a development of intermunicipal impact.
"Development of intermunicipal impact" means any development of greater than 250,000 square feet of commercial, industrial or residential floor space, or any combination thereof, proposed to be developed within 500 feet of municipal borders situated on one parcel of land or on contiguous parcels of land in common ownership.
"Host municipality" means a municipality in which a development of intermunicipal impact is proposed to be situated.
4. a. The governing body of any municipality may, upon the recommendation of the planning board, determine that a development in an adjacent municipality, is a development of intermunicipal impact. Any development determined to be a development of intermunicipal impact shall require the approval of the planning board or zoning board, as the case may be, of the host municipality and the planning board or planning boards, or zoning board or zoning boards, of the municipality or municipalities which have made the determination that the development is one of intermunicipal impact, meeting in joint session.
b. Any municipality shall make a determination that a development for which planning approval is being sought is a development of intermunicipal impact by the adoption of an ordinance which contains findings setting forth the reasons for this determination, which may include, but not be limited to:
(1) the deleterious impacts on environmental quality which will be experienced in the municipality as a result of the approval of the proposed development by the adjacent municipality including, but not limited to, traffic congestion, population density, crime, noise, water or air pollution, or other such factors whose impacts do not necessarily observe political boundaries;
(2) the incompatibility of the land use anticipated by the proposed development with land uses prevalent within the neighborhood or neighborhoods situated adjacent to the host municipality; and
(3) any increase in the need for municipal services in the municipality to accommodate the additional population which will live, work, shop at, or otherwise be served by the proposed development.
5. Any municipality which adopts an ordinance pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), within five business days of the adoption thereof, shall provide a copy of the ordinance to the clerk of the municipality and secretary of the planning board or zoning board of the host municipality so that a joint session of the planning boards or zoning boards may be convened. For the purposes of section 5 of P.L.1984, c.20 (C.40:55D-10.3) an application for a development determined to be a development of intermunicipal impact shall be deemed complete when those planning boards or zoning boards which will consider the application have all certified the application for development to be complete. For those municipalities affected by the development of intermunicipal impact, the review period for the determination of whether or not the development application is complete shall commence upon the adoption of the ordinance determining the development to be a development of intermunicipal impact.
6. Nothing in P.L. , c. (pending before the Legislature as this bill) shall be construed to affect the power of the board of adjustment to consider an application for development in the host municipality pursuant to section 63 of P.L.1975, c.291 (C.40:55D-76) or the powers of the planning board set forth in section 16 of P.L.1975, c.291 (C.40:55D-25). In addition, nothing shall be construed to affect the time periods within which land use decisions shall be made pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), or the hearing or notification requirements set forth thereunder.
Any approval or disapproval of any development of intermunicipal impact by an adjacent municipality shall be based upon subdivision and site plan regulations adopted by that municipality for that area of the municipality designated by the ordinance as affected by the proposed development.
7. Any decision taken by two or more planning boards or zoning boards meeting in joint session to consider approval of a development of intermunicipal impact shall be by a majority of the full authorized membership of those planning boards or zoning boards. In considering the application for development, the planning boards or zoning boards shall attempt to balance, to the extent possible, the concerns of the municipality or municipalities which fear the negative impacts of the development with the interests of the host municipality.
8. Notwithstanding the provisions of section 8 of P.L.1975, c.291 (C.40:55D-17) to the contrary, any municipality represented on the joint planning board or zoning board which feels aggrieved by the decision on the application for approval of the development of intermunicipal impact may, within 10 days of the date of publication of the final decision, appeal that decision to the State Planning Commission in the Department of the Treasury established pursuant to section 2 of P.L.1985, c.398 (C.52:18A-197). The appeal to the State Planning Commission shall be made by serving the chairman of the commission in person or by certified mail with a notice of appeal, specifying the grounds therefor. The appeal shall be decided by the commission only upon the record established before the planning boards or zoning boards.
The commission shall engage in a mediation and review process in an attempt to mediate a resolution of the outstanding issues which generated the appeal. If the commission is unsuccessful in assisting the aggrieved parties in arriving at a decision which is acceptable to all of the parties to the decision, the commission shall render a determination independently. In either case, the commission shall notify the planning boards or zoning boards that participated in the decision which was the subject of the appeal within five business days of making a determination regarding the development application.
Nothing in this section shall be construed to restrict the right of any party to obtain a review of the decision by any court of competent jurisdiction according to law.
9. The provisions of this act establishing joint review of applications for developments of intermunicipal impact shall be applicable to any application for development which has not received final approval as of the effective date of P.L. , c. (pending before the Legislature as this bill) so long as that development has been found by an adjacent municipality to be a development of intermunicipal impact pursuant to an ordinance adopted within 60 days of the effective date of P.L. , c. (pending before the Legislature as this bill).
10. This act shall take effect immediately.
STATEMENT
Recognizing the dramatic increase in the number of land use disputes involving projects proposed in municipal border areas, this bill establishes a cooperative process designed to minimize such land use conflict.
The bill authorizes the governing body of any municipality to find a development project proposed in an adjacent municipality but within 500 feet of the border with that municipality, to be a development of intermunicipal impact. The bill defines such a development as one involving the addition of over 250,000 square feet of space, regardless of whether the development is residential, industrial or commercial, or mixed use involving any combination of uses.
In order to find a development to be one of intermunicipal impact, a governing body, upon the recommendation of the planning board, shall adopt an ordinance stating the reasons for the determination, which shall include, but not be limited to, the deleterious impacts on environmental quality experienced by the affected municipality, the incompatibility of the land use anticipated by the proposed development with land uses prevalent in the neighborhoods situated adjacent to the municipal border, and any increase in the need for municipal services to accommodate the additional population anticipated by the proposed development.
The bill requires that any development of intermunicipal impact be considered by a joint session of the planning boards or zoning boards of the host and affected municipality or municipalities. Those municipalities represented by those planning and zoning boards to be involved in the decision shall all be required to certify the application for development as complete. Otherwise, the review procedures shall be those set forth in the "Municipal Land Use Law" for any other development application, with the exception of the availability of an appeal mechanism. This bill provides that any dispute which is not resolved by the planning or zoning boards meeting in joint session may be appealed to the State Planning Commission which shall mediate between the municipalities involved. If such mediation is unsuccessful, the bill requires the commission to resolve the conflict.
"Intermunicipal Development Impact Protection Act."