Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Co-Sponsored by:
Senators Singleton, Greenstein, Addiego and A.M.Bucco
SYNOPSIS
Allows municipality to suspend certain zoning requirements during COVID-19 emergency.
CURRENT VERSION OF TEXT
As reported by the Senate Community and Urban Affairs Committee on June 11, 2020, with amendments.
An Act allowing municipalities to suspend certain zoning requirements during COVID-19 emergency.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provision of law to the contrary, a municipality may, by resolution, suspend or temporarily modify specific provisions of a zoning ordinance in order to facilitate the ability of a business to resume operation during the COVID-19 emergency in accordance with requirements imposed, and authority granted, by executive order issued by the Governor under the Governor's emergency executive powers.
b. Notwithstanding any provision of law to the contrary, a municipality may, by resolution, authorize a business to submit an application to seek emergency temporary relief from the terms and conditions of a prior approval granted under the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.) in order to facilitate the ability of the business to resume operation during the COVID-19 emergency in accordance with requirements imposed, and authority granted, by executive order issued by the Governor under the Governor's emergency executive powers.
c. (1) A resolution adopted pursuant to this section may establish a streamlined administrative procedure for the review of applications submitted by businesses seeking to resume operation during the COVID-19 emergency and may provide for the issuance of a temporary zoning permit as a condition precedent to a business’s use or occupancy of any building, structure, or land in accordance with the resolution and requirements imposed, and authority granted, by executive order issued by the Governor under the Governor's emergency executive powers.
(2) A resolution adopted pursuant to this section may impose reasonable fees for the review of applications submitted pursuant to this section.
(3) The administrative officer shall issue or deny a temporary zoning permit within 1[seven] 101 business days of receipt of a request therefor. If the administrative officer fails to grant or deny a temporary zoning permit within this period, the failure shall be deemed to be an approval of the application for the temporary zoning permit.
d. A municipality may, from time to time during the COVID-19 emergency, adopt a resolution modifying a resolution previously adopted pursuant to this section to maintain consistency with requirements imposed, and authority granted, by subsequent executive orders.
e. A resolution adopted pursuant to this section may suspend or temporarily modify provisions of a zoning ordinance concerning the use or occupancy of a building, structure or land, and shall not suspend or temporarily modify provisions of a zoning ordinance to authorize the erection, construction, alteration, repair, remodeling, conversion, removal, or destruction of a building or structure.
f. Authorization for a business to use or occupy a building, structure, or land, in accordance with suspensions or temporary modifications of zoning ordinance provisions pursuant to this section, shall expire at the point in time of expiration of an underlying requirement imposed by an executive order 1, or up to 60 days after the conclusion of the COVID-19 emergency, as may be permitted under a resolution adopted pursuant to this section1.
g. As used in this section:
“Administrative officer” means the administrative officer designated under the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.).
“COVID-19 emergency” means the period of time during which a state of emergency, a public health emergency, or both, are in effect due to the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, is in effect.
“Resolution” means action taken by the governing body of a municipality required to be reduced to writing, but which may be finally passed at the meeting at which it is introduced.
"Temporary zoning permit" means a document, signed by the administrative officer, authorizing a business to use or occupy a building, structure, or land, in accordance with suspensions or temporary modifications of zoning ordinance provisions or a prior approval pursuant to a resolution adopted in accordance with this section.
2. This act shall take effect immediately.