SENATE, No. 2342

STATE OF NEW JERSEY

INTRODUCED DECEMBER 15, 1997

By Senators LaROSSA and INVERSO

An Act concerning regulation of land use and amending P.L.1975, c.291.

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

    1. Section 77 of P.L.1975, c.291 (C.40:55D-90) is amended to read as follows:

    77.  Moratoriums; interim zoning. a. The prohibition of development in order to prepare a master plan and development regulations is prohibited.

    b. [No moratoria on applications for development or interim zoning ordinances shall be permitted except in cases where the municipality demonstrates on the basis of a written opinion by a qualified health professional that a clear imminent danger to the health of the inhabitants of the municipality exists, and in no case shall the moratorium or interim ordinance exceed a six-month term.] A municipality is authorized to adopt a timed-growth ordinance which may prohibit or delay development within the municipality for a certain period of time, provided that:

    (1) the delay or prohibition of development is limited in duration to the time remaining before a revision of the master plan is required under P.L.1975, c.291 (40:55D-1 et seq.).

    (2) the ordinance is based on a demonstrated need to provide improvements to enumerated infrastructure in a coordinated manner with development; and

    (3) the ordinance will not impede affordable housing efforts within the municipality or within the housing region of that municipality or any contiguous housing region as determined by the Council on Affordable Housing pursuant to the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.).

(cf: P.L.1985, c.516, s.20)

    2. This act shall take effect immediately.

STATEMENT

    This bill would allow municipalities to adopt timed-growth ordinances. Such ordinances allow for a municipality to pace development with improvements in infrastructure that are scheduled to be made or that will be necessary to be made as an area develops.     Recently, the timed-growth ordinance of West Windsor Township in Mercer county was invalidated by the court as being in conflict with the "Municipal Land Use Law," (MLUL), P.L.1975, c.291 (C.40:55D-1 et seq.). This bill would replace the subsection of law that had prohibited moratoria on applications for development or interim zoning ordinances with language that would allow timed-growth ordinances which are ordinances which prohibit or delay development for a certain period of time. For an ordinance to be authorized under the bill, the delay or prohibition of development under such an ordinance will have to be limited in duration to the amount of time remaining until the master plan is required to be revised under the MLUL. It is the sponsor's intent that the duty of a municipality to review its master plan as required under the MLUL, and to make necessary adjustments to its zoning scheme as a result of that review, is not obviated by the bill.

    Any ordinance adopted pursuant to the bill must also be tied to a plan to improve infrastructure necessary to support the development. In addition, the ordinance may not impede any affordable housing development plans within the municipality, its housing region, or any contiguous housing region. This requirement is necessary to ensure that any regional planning that may be necessary to comport with Mount Laurel affordable housing requirements is not thwarted.

    A timed-growth ordinance will provide a municipality with a much needed planning tool that will help it coordinate its rate of growth with its ability to provide the necessary infrastructure to support the development as it occurs.

Authorizes timed-growth ordinances under "Municipal Land Use Law."